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TABLE OF CONTENTS - Waratah-Wynyard Council

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ORDINARY MEETING<br />

<strong>OF</strong> COUNCIL<br />

MINUTES<br />

19 NOVEMBER 2012


<strong>TABLE</strong> <strong>OF</strong> <strong>CONTENTS</strong><br />

1.0 RECORD <strong>OF</strong> ATTENDANCE/APOLOGIES/LEAVE <strong>OF</strong> ABSENCE PREVIOUSLY APPROVED ................................... 4<br />

1.1 ATTENDANCE................................................................................................................................... 4<br />

1.2 LEAVE <strong>OF</strong> ABSENCE PREVIOUSLY APPROVED ................................................................................... 5<br />

1.3 APOLOGIES ...................................................................................................................................... 5<br />

2.0 CONFIRMATION <strong>OF</strong> MINUTES <strong>OF</strong> PREVIOUS MEETING.................................................................................. 5<br />

3.0 BUSINESS ARISING FROM MINUTES CONFIRMED .......................................................................................... 6<br />

3.1 CR FAIRBROTHER - LOCAL GOVERNMENT ELECTIONS – PROPOSED CHANGES TO ELECTORAL<br />

ARRANGEMENTS ITEM 12.1 ............................................................................................................ 6<br />

4.0 ISSUES RAISED BY COUNCILLORS .................................................................................................................. 6<br />

4.1 RESPONSE(S) TO COUNCILLOR QUESTIONS TAKEN ON NOTICE FROM PREVIOUS MEETING ............ 6<br />

4.2 COUNCILLOR QUESTIONS RECEIVED IN WRITING ............................................................................ 6<br />

4.3 COUNCILLOR QUESTIONS WITHOUT NOTICE ................................................................................... 7<br />

4.3.1 CR DIBLEY WIFI FACILITY – WYNYARD CIVIC PARK................................................................... 7<br />

4.3.2 CR DIBLEY – MINISTER BRYAN GREEN – BUILDING AMNESTY ................................................. 7<br />

4.3.3 CR HAWKINS – FIRE ABATEMENT NOTICES ............................................................................. 7<br />

4.3.4 CR HAWKINS – FIRE ABATEMENT FEES .................................................................................... 7<br />

4.3.5 CR HAWKINS – SNAP, SEND, SOLVE APPLICATION .................................................................. 7<br />

5.0 DECLARATIONS <strong>OF</strong> PECUNIARY INTEREST ..................................................................................................... 8<br />

6.0 NOTIFICATION <strong>OF</strong> COUNCIL WORKSHOPS ..................................................................................................... 8<br />

7.0 MAYOR’S COMMUNICATIONS ...................................................................................................................... 9<br />

8.0 PETITIONS / DEPUTATIONS / PRESENTATIONS ............................................................................................. 10<br />

8.1 PETITIONS ...................................................................................................................................... 10<br />

8.2 DEPUTATIONS AND PRESENTATIONS ............................................................................................. 10<br />

9.0 PUBLIC QUESTIONS AND STATEMENTS ........................................................................................................ 11<br />

9.1 PUBLIC QUESTIONS RECEIVED IN WRITING ..................................................................................... 11<br />

9.2 RESPONSE(S) TO PUBLIC QUESTIONS TAKEN ON NOTICE FROM PREVIOUS MEETING .................... 12<br />

9.2.1 KAREN & GLEN THURLEY, STORMWATER FLOODING, BELLS PARADE, SOMERSET ............... 12<br />

9.3 PUBLIC QUESTIONS WITHOUT NOTICE ........................................................................................... 12<br />

9.3.1 VAUGHAN PENDLEBURY – WYNYARD WHARF UPGRADE – INTERSECTION GOLDIE AND<br />

MOORE STREETS .................................................................................................................... 13<br />

9.3.2 VAUGHAN PENDLEBURY – WYNYARD BMX CLUB.................................................................. 13<br />

9.3.3 MICHAEL BELDEN – PLANNING APPLICATION - BELTON STREET SUBDIVISION - SD 1902 .... 13<br />

9.3.4 TONY LOCK – PLANNING APPLICATION - CUMMING STREET, BOAT HARBOUR –<br />

DA85/2012 ............................................................................................................................. 14<br />

9.4 PUBLIC STATEMENTS ...................................................................................................................... 14<br />

9.4.1 SARAH MCMASTER – PLANNING APPLICATIONS - NBN ......................................................... 14<br />

9.4.2 VAUGHAN PENDLEBURY – WYNYARD BMX CLUB.................................................................. 15<br />

10.0 NOTICES <strong>OF</strong> MOTION ................................................................................................................................... 16<br />

10.1 CR DUNIAM – WATER STORAGE TANKS – SPORT AND RECREATION FACILITIES ............................. 16<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 1


10.2 CR DUNIAM – FIRE MITIGATION – SISTERS BEACH .......................................................................... 18<br />

11.0 PLANNING AUTHORITY ITEMS ...................................................................................................................... 21<br />

11.1 3 LOT SUBDIVISION – RELIANCE ON PERFORMANCE CRITERIA UNDER THE INDUSTRIAL ZONE<br />

PROVISIONS – 28 CALDER ROAD, WYNYARD – SD1901 ................................................................... 22<br />

11.2 SUBDIVISION – 43 LOTS – RELIANCE ON PERFORMANCE CRITERIA UNDER RESIDENTIAL ZONE<br />

PROVISIONS – BELTON STREET, WYNYARD (CT 161377/3) - SD 1902 ............................................ 106<br />

11.3 2 UNIT DEVELOPMENT - RELIANCE ON PERFORMANCE CRITERIA UNDER RESIDENTIAL ZONE<br />

PROVISIONS - 12 CUMMINGS STREET, BOAT HARBOUR BEACH – DA 85/2012 ............................. 207<br />

11.4 NBN FIXED WIRELESS FACILITY – 40M HIGH MONOPOLE, RADIO TRANSMISSION EQUIPMENT &<br />

ANCILLARY EQUIPMENT CABINET – RELIANCE ON PERFORMANCE CRITERIA UNDER PRIMARY<br />

INDUSTRIES ZONE PROVISIONS – 631 EAST YOLLA ROAD, YOLLA – DA 124/2012 ......................... 295<br />

11.5 NBN FIXED WIRELESS FACILITY – 30M HIGH MONOPOLE, RADIO TRANSMISSION EQUIPMENT &<br />

ANCILLARY EQUIPMENT CABINETS – RELIANCE ON PERFORMANCE CRITERIA UNDER PRIMARY<br />

INDUSTRIES ZONE PROVISIONS – 883 PREOLENNA ROAD, MOORLEAH – DA 126/2012 ................ 358<br />

11.6 NBN FIXED WIRELESS FACILITY – 30M HIGH MONOPOLE, RADIO TRANSMISSION EQUIPMENT &<br />

ANCILLARY EQUIPMENT CABINET – RELIANCE ON PERFORMANCE CRITERIA UNDER PRIMARY<br />

INDUSTRIES ZONE PROVISIONS – 636 NUNNS ROAD, MOUNT HICKS – DA 127/2012 ................... 423<br />

12.0 REPORTS <strong>OF</strong> <strong>OF</strong>FICERS AND COMMITTEES ................................................................................................. 488<br />

12.1 MYALLA RECREATION GROUND – LEASE EXTENSION .................................................................... 488<br />

12.2 DEPARTMENT <strong>OF</strong> INFRASTRUCTURE, ENERGY & RESOURCES : NON-URBAN ROAD NETWORK<br />

STRATEGY UPDATE ....................................................................................................................... 491<br />

12.3 BLACK SPOT FUNDING APPLICATIONS – RE-ALLOCATION ............................................................. 495<br />

12.4 WYNYARD CHRISTMAS PARADE – ROAD CLOSURES ..................................................................... 498<br />

12.5 FUSION – ROAD CLOSURES – ADVENT PAGEANT .......................................................................... 505<br />

12.6 BMX PARK INC. LICENCE AGREEMENT .......................................................................................... 512<br />

12.7 COMMUNITY ASSISTANCE SMALL GRANTS PROGRAM – 2012/2013 ............................................ 518<br />

12.8 CREDIT CARD POLICY .................................................................................................................... 523<br />

12.9 FINANCIAL REPORT FOR THE PERIOD ENDED 31 OCTOBER 2012 .................................................. 528<br />

12.10 SENIOR MANAGEMENT REPORT ................................................................................................... 558<br />

13.0 MATTERS PROPOSED FOR CONSIDERATION IN CLOSED MEETING .............................................................. 568<br />

14.0 CLOSURE <strong>OF</strong> MEETING TO THE PUBLIC ....................................................................................................... 570<br />

15.0 RESUMPTION <strong>OF</strong> OPEN MEETING .............................................................................................................. 571<br />

16.0 PUBLIC RELEASE ANNOUNCEMENT ............................................................................................................ 571<br />

JOINT TENDER FOR DESIGN AND CONSTRUCTION <strong>OF</strong> BRIDGES –BRACKENDALE ROAD, DOWLINGS CREEK,<br />

YOLLA AND KUBANKS ROAD, DUCK RIVER, SMITHTON ................................................................ 571<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 2


AUDIO RECORDING <strong>OF</strong> COUNCIL MEETINGS<br />

The Public is advised that it is <strong>Council</strong> policy to record the proceedings of meetings of <strong>Council</strong><br />

on digital media to assist in the preparation of minutes and to ensure that a true and accurate<br />

account of debate and discussion of meetings is available.<br />

This audio recording is authorised by the Local Government Meeting Procedures Regulations<br />

2005.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 3


MINUTES <strong>OF</strong> AN ORDINARY MEETING <strong>OF</strong> THE WARATAH-WYNYARD COUNCIL TO<br />

BE HELD AT THE COUNCIL CHAMBERS, 21 SAUNDERS STREET, WYNYARD ON<br />

MONDAY 19 NOVEMBER 2012, COMMENCING AT 6:00 PM<br />

From To Time Occupied<br />

Open <strong>Council</strong> 6:04pm 6:49pm 45 mins<br />

Planning Authority 6:49pm 7:36pm 47 mins<br />

Open <strong>Council</strong> 7:36pm 8:22pm 46 mins<br />

Adjournment 8:22pm 8:32pm 10 mins<br />

Closed <strong>Council</strong> 8:32pm 8:58pm 26 mins<br />

Open <strong>Council</strong> 8:58pm 8:59pm 1 min<br />

TOTAL TIME OCCUPIED<br />

175 mins<br />

Audio Recording of <strong>Council</strong> Meetings Policy<br />

The Chairman is to declare the meeting open (time), welcome those present in attendance and<br />

advise that the meeting will be recorded, in accordance with the <strong>Council</strong> Policy titled ‘Audio<br />

Recording of <strong>Council</strong> Meetings’ to “record meetings of <strong>Council</strong> to assist in the preparation of<br />

minutes and ensure a true and accurate account of debate and discussion at meetings is<br />

available”.<br />

1.0 RECORD <strong>OF</strong> ATTENDANCE/APOLOGIES/LEAVE <strong>OF</strong> ABSENCE PREVIOUSLY APPROVED<br />

Legislative Reference:<br />

Local Government (Meeting Procedures) Regulations 2005; Regulation 8(2)(a)<br />

The agenda of an ordinary meeting of a council is to provide for, but is not limited to, the following items:<br />

(a) attendance and apologies.<br />

1.1 ATTENDANCE<br />

Mayor Robert Walsh<br />

Deputy Mayor Alwyn Friedersdorff<br />

Cr Gary Bramich<br />

Cr Kevin Deakin (attended from 7:11pm)<br />

Cr Mary Duniam<br />

Cr Colleen Dibley<br />

Cr Darren Fairbrother<br />

Cr Clayton Hawkins<br />

Cr David Moore<br />

Cr John Smith<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 4


Greg Winton – General Manager<br />

Paul Smith - Executive Manager Corporate Governance<br />

Barry Magnus – Executive Manager Development Services<br />

Daniel Summers – Executive Manager Engineering Services<br />

Rachel Mallinson – Executive Manager Financial Services<br />

Tracey Bradley – Executive Manager Organisational & Community Development<br />

Ashley Brooks - Consultant Planner – GHD<br />

Roseanne Titcombe – Executive Officer<br />

1.2 LEAVE <strong>OF</strong> ABSENCE PREVIOUSLY APPROVED<br />

Cr Dibley - 6 November to 23 November 2012 inclusive.<br />

1.3 APOLOGIES<br />

Nil.<br />

2.0 CONFIRMATION <strong>OF</strong> MINUTES <strong>OF</strong> PREVIOUS MEETING<br />

Legislative Reference:<br />

Local Government (Meeting Procedures) Regulations 2005; Regulation 8(2)(b)<br />

The agenda of an ordinary meeting of a council is to provide for, but is not limited to, the following items:<br />

(b) confirmation of the minutes.<br />

MOVED BY<br />

SECONDED BY<br />

CR FRIEDERSDORFF<br />

CR SMITH<br />

That the Minutes of the Ordinary Meeting of the <strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> held at<br />

<strong>Council</strong> Chambers, Goldie Street, <strong>Wynyard</strong> on Monday 15 October 2012, a copy of<br />

which having previously been circulated to <strong>Council</strong>lors prior to the meeting, be<br />

confirmed as a true record.<br />

The MOTION was put and was CARRIED unanimously.<br />

IN FAVOUR<br />

MAYOR WALSH CR BRAMICH CR DIBLEY CR DUNIAM<br />

CR FAIRBROTHER CR FRIEDERSDORFF CR HAWKINS CR MOORE CR SMITH<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 5


3.0 BUSINESS ARISING FROM MINUTES CONFIRMED<br />

3.1 CR FAIRBROTHER - LOCAL GOVERNMENT ELECTIONS – PROPOSED CHANGES TO<br />

ELECTORAL ARRANGEMENTS ITEM 12.1<br />

Cr Fairbrother advised that it had been brought to his attention that at the State<br />

Government workshop held in Burnie recently it was brought to the attention of the<br />

Director of Local Government that there is a strong concern in local government areas<br />

about <strong>Council</strong>lors being also employed in local government and having a dual role. Cr<br />

Fairbrother noted that as he fitted the criteria of being a <strong>Council</strong>lor with one council<br />

whilst being employed by another he wished it to be noted that he was prepared to leave<br />

the room to enable the council to debate the issue so that, if it had strong concerns, the<br />

council could pass those on to the State Government for consideration.<br />

Cr Fairbrother understood that the expression of concern had been conveyed to the forum<br />

by a representative of <strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong>.<br />

The Mayor advised that the council has not been asked for a position on the matter of<br />

dual roles of councillors and he thanked Cr Fairbrother for making this position known.<br />

4.0 ISSUES RAISED BY COUNCILLORS<br />

Legislative Reference:<br />

Local Government (Meeting Procedures) Regulations 2005; 29 (3)<br />

(3) The Chairperson must not permit any debate of a question without notice or its answer.<br />

Local Government (Meeting Procedures) Regulations 2005; 30(1) and (2)<br />

(1) A councillor, at least 7 days before an ordinary meeting of a council or council committee, may<br />

give written notice to the general manager of a question in respect of which the councillor seeks<br />

an answer at that meeting.<br />

(2) An answer to a question on notice must be in writing.<br />

4.1 RESPONSE(S) TO COUNCILLOR QUESTIONS TAKEN ON NOTICE FROM PREVIOUS<br />

MEETING<br />

Nil.<br />

4.2 COUNCILLOR QUESTIONS RECEIVED IN WRITING<br />

Nil.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 6


4.3 COUNCILLOR QUESTIONS WITHOUT NOTICE<br />

A summary of question(s) without notice and response(s) will be recorded in the minutes.<br />

4.3.1 Cr Dibley WiFi Facility – <strong>Wynyard</strong> Civic Park<br />

Cr Dibley queried when the Wifi Facility in <strong>Wynyard</strong>’s Civic Park would be installed given<br />

that the tourism season is now upon us?<br />

The General Manager took the question on notice.<br />

4.3.2 Cr Dibley – Minister Bryan Green – Building Amnesty<br />

Cr Dibley queried if the General Manager could enquire of Minister Bryan Green’s office<br />

as to the status of building amnesty that the Minister raised some time ago?<br />

The General Manager took the question on notice.<br />

4.3.3 Cr Hawkins – Fire Abatement Notices<br />

Cr Hawkins queried if <strong>Council</strong> charges full cost recovery when dealing with fire abatement<br />

on property.<br />

The Executive Manager Engineering Services took the question on notice.<br />

4.3.4 Cr Hawkins – Fire Abatement Fees<br />

Cr Hawkins queried if <strong>Council</strong> fees that are charged to deal with fire abatement on private<br />

property are sufficient to provide incentive for land owners to deal with the fire<br />

abatement themselves.<br />

The Executive Manager Engineering Services took the question on notice.<br />

4.3.5 Cr Hawkins – Snap, Send, Solve Application<br />

Cr Hawkins queried if <strong>Council</strong> was aware and had considered using SNAP SEND SOLVE<br />

application for IPad’s and IPhones.<br />

The General Manager took the question on notice.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 7


5.0 DECLARATIONS <strong>OF</strong> PECUNIARY INTEREST<br />

Legislative Reference:<br />

Local Government of Local Government (Meeting Procedures) Regulations 2005, Regulation 8(7)<br />

(7) The chairperson is to request <strong>Council</strong>lors to indicate whether they have, or are likely to have, a<br />

pecuniary interest in any item on the agenda.<br />

<strong>Council</strong>lor and Agenda Item Number<br />

Cr Mary Duniam – Item 12.7 – Community Assistance Small Grants Program – 2012/2013<br />

Cr David Moore – Item 12.7 – Community Assistance Small Grants Program – 2012/2013<br />

Staff and Agenda Item Number<br />

Nil.<br />

6.0 NOTIFICATION <strong>OF</strong> COUNCIL WORKSHOPS<br />

Legislative Reference:<br />

Local Government (Meeting Procedures) Regulations 2005; Regulation 8(2)(c)<br />

The agenda of an ordinary meeting of a council is to provide for, but is not limited to, the following items:<br />

(c) the date and purpose of any council workshop held since the last meeting.<br />

MOVED BY<br />

SECONDED BY<br />

CR DUNIAM<br />

CR SMITH<br />

That the <strong>Council</strong> notes that the following workshops were conducted by <strong>Council</strong> since<br />

its last Ordinary <strong>Council</strong> Meeting.<br />

Date<br />

Purpose<br />

29 October 2012 Regional Planning Template Update<br />

Asset & Facilities Register / Policy<br />

Location & Timetable for <strong>Council</strong> Meetings 2013<br />

Use of Ipad Policy<br />

12 November 2012 Healthy Communities Achievements<br />

Freedom Camping<br />

Cam River Outrigger Canoe Cradle Coast Outrigger Canoe Club Inc.<br />

Local Government Association of Tasmania – Meeting Agenda<br />

Proposed Black Spot Replacement Projects<br />

Somerset Foreshore – Cam River mouth erosion report<br />

During discussion Cr Moore requested that the name of the Cam River Outrigger Canoe<br />

be corrected to read Cradle Coast Outrigger Canoe Club Inc.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 8


The MOTION was put and was CARRIED unanimously.<br />

IN FAVOUR<br />

MAYOR WALSH CR BRAMICH CR DIBLEY CR DUNIAM<br />

CR FAIRBROTHER CR FRIEDERSDORFF CR HAWKINS CR MOORE CR SMITH<br />

7.0 MAYOR’S COMMUNICATIONS<br />

MOVED BY<br />

SECONDED BY<br />

CR MOORE<br />

CR BRAMICH<br />

That the <strong>Council</strong> note the Mayor’s Diary.<br />

Date<br />

Purpose<br />

1 October 2012 Forestry Tasmania Dinner<br />

2 October 2012 Recording of Mayors Message<br />

Citizenship Ceremony<br />

4 October 2012 Tasmanian Turf and Lawn Meeting<br />

8 October 2012 Radio Interview Coast FM<br />

Ordinary <strong>Council</strong> Meeting<br />

11 October 2012 Derek Sutton's farewell at <strong>Waratah</strong><br />

Launch - <strong>Waratah</strong>-<strong>Wynyard</strong> photography competition - WOW<br />

13 October 2012 Bush Poets Breakfast Returned Servicemen’s League Club<br />

Official Opening of New Wharf and Bloomin’ Tulips! Festival<br />

15 October 2012 Dodge Bros Car club at WOW<br />

Meeting with <strong>Wynyard</strong> Football Club<br />

Ordinary <strong>Council</strong> Meeting<br />

23-24 October 2012 DPC Regional workshop<br />

25 October 2012 Returned Servicemen’s League Men’s Luncheon<br />

27 October 2012 Men’s Health night <strong>Wynyard</strong> Returned Servicemen’s League<br />

29 October 2012 Group Discussion<br />

31 October 2012 Interschool sports, Penguin<br />

The MOTION was put and was CARRIED unanimously.<br />

IN FAVOUR<br />

MAYOR WALSH CR BRAMICH CR DIBLEY CR DUNIAM<br />

CR FAIRBROTHER CR FRIEDERSDORFF CR HAWKINS CR MOORE CR SMITH<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 9


8.0 PETITIONS / DEPUTATIONS / PRESENTATIONS<br />

Legislative Reference:<br />

Local Government Act 1993; Part 6, Division 1; Sections 57, 58, 59, 60, 60A.<br />

57. Petitions<br />

(1) A person may lodge a petition with the council by presenting it to a councillor or the general<br />

manager.<br />

58. Tabling petition<br />

(1) A councillor who has been presented with a petition is to<br />

(a) table the petition at the next ordinary meeting of the council; or<br />

(b) forward it to the general manager within 7 days after receiving it.<br />

(2) A general manager who has been presented with a petition or receives a petition under subsection<br />

(1)(b) is to table the petition at the next ordinary meeting of the council.<br />

57(2) A petition is not to be tabled if it does not contain –<br />

(a) a clear and concise statement identifying the subject matter; and<br />

(b) a heading on each page indicating the subject matter; and<br />

(c) a brief statement on each page of the subject matter and the action requested; and<br />

(d)<br />

(e)<br />

a statement specifying the number of signatories; and<br />

the full printed name, address and signature of the person lodging the petition at the end of the<br />

petition.<br />

58(3) A petition is not to be tabled if –<br />

(b) it is defamatory; or<br />

(c) any action it proposes is unlawful.<br />

(4) The General Manager is to advise the lodger of any petition that is not tabled the reason for not<br />

tabling it within 21 days after lodgement.<br />

Local Government (Meeting Procedures) Regulations 2005, Regulation 38(1)(a)(b),(2)<br />

(1) The chairperson of a meeting, including a closed meeting, may invite a person –<br />

(a) to address the meeting; and<br />

(b) to make statements or deliver reports.<br />

(2) An invitation under subregulation (1) may be subject to any condition the council may impose on<br />

deputations.<br />

8.1 PETITIONS<br />

Nil<br />

8.2 DEPUTATIONS AND PRESENTATIONS<br />

Nil<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 10


9.0 PUBLIC QUESTIONS AND STATEMENTS<br />

Legislative Reference:<br />

Local Government (Meeting Procedures) Regulations 2005 Regulation 31<br />

(1) A member of the public may give written notice to the general manager 7 days before an ordinary<br />

meeting of the <strong>Council</strong> of a question to be asked at that meeting.<br />

(3) The Chairperson at an ordinary meeting of a council must ensure that, if required, at least 15<br />

minutes of the meeting is available for questions to be asked by members of the public.<br />

(4) A question by any member of the public under this regulation and an answer to that question are<br />

not to be debated.<br />

(7) A council is to determine any other procedures to be followed in respect of question time.<br />

The <strong>Council</strong> determined (at a meeting held on 15 August 2005) that the following procedures be followed in<br />

respect of question time:-<br />

1. At each council or committee meeting up to 15 minutes or such longer period as the <strong>Council</strong> or<br />

committee may determine by resolution at that meeting is to be provided at a time determined by<br />

the Chairperson for persons present at the meeting (other than <strong>Council</strong>lors or members) to ask<br />

questions.<br />

2. A person seeking to ask a question must first identify himself or herself.<br />

3. If more than one person wishes to ask a question, the chairperson is to determine the order in<br />

which those questions are asked.<br />

4. A person is entitled to ask no more than 2 questions, and may only ask a second question after all<br />

other persons present who wish to ask a question have asked one question each and the 15 minute<br />

period referred to in sub-clause (1) has not elapsed.<br />

5. All questions asked must relate directly to the affairs of the council or the relevant committee and<br />

be directed to the chairperson, who may:-<br />

(a) refuse to accept a question, in which case he or she is to give reasons for doing so; or<br />

(b) answer the question himself or herself; or<br />

(c) refer the question to another <strong>Council</strong>lor, member, the General Manager or any other<br />

(d)<br />

employee of the council present at the meeting; or<br />

direct that the question is to be put on notice and in writing to be answered at a later<br />

meeting.<br />

6. Following completion of the questions, up to 15 minutes or such longer period as the <strong>Council</strong> or<br />

committee may determine by resolution is to be provided for persons present at the meeting<br />

(other than <strong>Council</strong>lors or members) to make statements of not more than 3 minutes duration to<br />

the meeting. Subclauses (2) and (3) above apply, and a person may only make one statement<br />

which must relate directly to the affairs of the council or the relevant committee and be directed to<br />

the chairperson.<br />

9.1 PUBLIC QUESTIONS RECEIVED IN WRITING<br />

Nil.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 11


9.2 RESPONSE(S) TO PUBLIC QUESTIONS TAKEN ON NOTICE FROM PREVIOUS MEETING<br />

9.2.1 Karen & Glen Thurley, Stormwater Flooding, Bells Parade, Somerset<br />

Karen and Glen Thurley of 17 Bells Parade, Somerset made a statement following<br />

correspondence forwarded to <strong>Council</strong> approximately one month ago in relation to<br />

stormwater flooding that was occurring on their property in Somerset. Mrs Thurley<br />

advised that they had been flooded three times in the past 12 months due to back<br />

flooding to the extent of five inches in depth. She expressed concern about the<br />

underneath of their home due to the extent of the flooding.<br />

A council officer had attended their property and advised that the old plumbing was<br />

responsible for the problem.<br />

The Mayor advised that the situation would be investigated by the Executive Manager<br />

Engineering Services who would follow up the matter and advise Mr and Mrs Thurley<br />

accordingly within one month.<br />

Officers Comment<br />

The Executive Manager Engineering Services advises that an item for upgrade of the<br />

under capacity system from the Bass Highway to the ocean outfall will be prepared for<br />

2013/14 budget consideration. For the short term, an alternate overflow relief solution<br />

is being investigated to provide some relief to the property owners at 19 Bells Parade.<br />

Onsite discussions were had in regards to long term and short term options on 30<br />

October, with written confirmation on 13 November 2012.<br />

During discussion Cr Moore offered thanks to all the staff concerned in this matter and<br />

hoped that an adequate and positive result would occur especially for the benefit of Mr<br />

and Mrs Thurley.<br />

9.3 PUBLIC QUESTIONS WITHOUT NOTICE<br />

Legislative Reference:<br />

Local Government (Meeting Procedures) Regulations 2005 Regulation 31(2)(5)<br />

(2) The Chairperson may –<br />

(b) invite any members of the public present at an ordinary meeting to ask questions relating to the<br />

activities of the council.<br />

When dealing with questions that require research or a detailed response –<br />

(5) The Chairperson may –<br />

(b) require a question to be put on notice and in writing to be answered at a later meeting.<br />

Responses will be provided at the next Ordinary <strong>Council</strong> Meeting.<br />

A summary of questions without notice and response(s) and the name of the person asking the question<br />

will be recorded in the minutes.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 12


9.3.1 Vaughan Pendlebury – <strong>Wynyard</strong> Wharf Upgrade – Intersection Goldie and Moore<br />

Streets<br />

Mr Vaughan Pendlebury, 38 Hogg Street, <strong>Wynyard</strong> asked, as the newly renovated<br />

<strong>Wynyard</strong> Wharf was now complete, if there was an opportunity for <strong>Council</strong> to look at the<br />

very awkward intersection on the corner of Goldie and Moore Streets. He believed that<br />

with traffic coming in and out of the Wharf and Moore Street it is becoming congested<br />

and complicated and there are many near misses.<br />

The Executive Manager Engineering Services took the question on notice.<br />

9.3.2 Vaughan Pendlebury – <strong>Wynyard</strong> BMX Club<br />

Mr. Vaughan Pendlebury, 38 Hogg Street, <strong>Wynyard</strong> asked on behalf of the <strong>Wynyard</strong> BMX<br />

Club, if the Club could have an update on the <strong>Council</strong>’s position with the venture.<br />

The Executive Manager Organisational and Community Development advised that there<br />

is an item on the <strong>Council</strong> Agenda at the current meeting until Item 12.6 to consider the<br />

adoption of a licence agreement between <strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> and the <strong>Wynyard</strong><br />

BMX Club.<br />

9.3.3 Michael Belden – Planning Application - Belton Street Subdivision - SD 1902<br />

Mr Michael Belden, 35 Belton Street, <strong>Wynyard</strong> advised that during winter when it rains,<br />

the drains in Belton Street flood and it takes at least a week for water to go after <strong>Council</strong><br />

has attended to it. He is concerned that when an additional 40 lots are developed behind<br />

his property, the access road that is going to come out between number 37 and 39, will<br />

affect the existing drain. This drain has already been blocked as the development started<br />

within 24 hours from receiving the notice. He is concerned that if the development goes<br />

ahead the runoff will cause additional flooding to his property.<br />

He also raised concerns about road conditions, as when they moved to Belton Street, the<br />

trucks from Fonterra used to leave from Inglis Street. They now leave via Belton Street<br />

and there are large numbers of potholes and stress marks on the road.<br />

He also advised low water pressure is already an issue in Belton Street, as is sewerage.<br />

When it rains and floods, sewerage comes out of their bathtub. They have complained to<br />

Cradle Coast Water and he was told “welcome to the real world”.<br />

Mr Belden further stated that he doubts that the infrastructure will cope with a further<br />

subdivision.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 13


The Mayor thanked Mr Belden for his comments and noted these would be taken into<br />

consideration in the conditions imposed on the current agenda and that any conditions<br />

not being complied with would be dealt with by <strong>Council</strong> Officers.<br />

The General Manager advised once <strong>Council</strong> was aware that activity was being<br />

undertaken this was stopped by officers and the proponent was directed to put measures<br />

in place to minimise impact on surrounding residents. He further advised that what<br />

further action <strong>Council</strong> may or may not take will be determined at a later stage.<br />

9.3.4 Tony Lock – Planning Application - Cumming Street, Boat Harbour – DA85/2012<br />

Mr Tony Lock of 16 Cumming Street, Boat Harbour Beach asked if <strong>Council</strong> had thought<br />

about the environmental impact that the dwelling might have on the landslip area and<br />

the water runoff given that there is no water drainage down Cumming Street.<br />

Ashley Brooks, Consultant Planner from GHD advised that there is a landslip risk<br />

assessment with the application that has been prepared by a Geo-technician Consultant<br />

which is included in the attachment to the agenda item which indicates that there is a low<br />

risk of landslip as a result of the development. In relation to the issue of stormwater,<br />

there is a recommended condition relating to stormwater connection.<br />

9.4 PUBLIC STATEMENTS<br />

A summary that includes the name of the person making a public statement and subject title of that<br />

statement will be recorded in the minutes.<br />

9.4.1 Sarah McMaster – Planning Applications - NBN<br />

Ms Sarah McMaster, 60 Albert Road, South Melbourne advised that she is the Town<br />

Planning Consultant for Aurecon on behalf of the NBN Co. There are 3 applications for<br />

<strong>Council</strong>’s consideration for the NBN Fixed Wireless Network.<br />

The fixed wireless network is basically a series of telecommunications facilities which will<br />

deliver high speed internet directly to businesses. It is mainly aimed to cover semi urban<br />

and regional areas which are unable to access the fibre network. There are a total of 83<br />

fixed wireless sites across northern Tasmania. NBN seek to co-locate on existing<br />

telecommunications infrastructure where they can and have achieved this on 31 of the<br />

sites and the remaining 52 are subject to planning applications many of which have<br />

already been granted in other areas across the state.<br />

For the site to be in the network, there is an interlinked series of chains and each chain<br />

then comprises a fibre hub site which links into the fibre network and that feeds<br />

transmissions to other sites along the chains.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 14


There has to be a line of sight between the towers for the transmissions to be successfully<br />

relayed to the towers and that transmission and the line of sight between them<br />

determines the height of the towers and this is what the applications are for.<br />

In regards to the 3 sites on the current agenda, they have proposed a 30m high hub<br />

facility at Mount Hicks which will feed transmission to a 40m high facility at Yolla. There<br />

is also a proposed 30m high facility at Moorleah which will receive the transmission from<br />

a potential future site at <strong>Wynyard</strong> West.<br />

Unfortunately there were no opportunities for co-location with existing infrastructure at<br />

Mount Hicks and Yolla. There was an existing Telstra site at Moorleah which was<br />

investigated however, at the location of the Telstra site, they would need a 40m mono<br />

pole for transmission and the existing pole is only 15m high. There would need to be a<br />

swap out for the existing 15m pole to a 40m pole but during the swap out Telstra services<br />

would be suspended for an extended period of time during the works and there is also the<br />

fact that the Telstra facility is in a quite prominent location and a 40m pole at that facility<br />

would have no screening so in this instance they considered a 30m pole location that had<br />

screening available would have less impact on the local community than the 40m pole<br />

which is technically a co-located facility.<br />

It should be noted that NBN Co is in open discussions with other mobile carriers and<br />

digital television carriers about future co-location of their equipment on NBN poles once<br />

they are constructed so hopefully that will improve services all around the area.<br />

Ms McMaster further advised that she had read the applications that were up for<br />

consideration and believes that the officers assessments of the applications are an<br />

accurate reflection of the planning requirements and is generally in agreement with the<br />

conditions proposed on the permits.<br />

In closing Ms McMaster mentioned that NBN Co and Aurecon are hosting a community<br />

forum on Tuesday 20 th November at the Boat Harbour Primary School for the purpose of<br />

primarily discussing further future <strong>Waratah</strong>-<strong>Wynyard</strong> sites. There are potentially another<br />

3 sites at Boat Harbour, Boat Harbour Beach and Sisters Beach.<br />

The Mayor thanked Ms McMaster for her statement.<br />

9.4.2 Vaughan Pendlebury – <strong>Wynyard</strong> BMX Club<br />

Mr Vaughan Pendlebury, 38 Hogg Street, <strong>Wynyard</strong> made a statement in support of the<br />

<strong>Wynyard</strong> BMX Club. With the ongoing problem of childhood obesity throughout Australia<br />

we are all very concerned about our children and the club feels that this is a great<br />

opportunity to get our kids off the ipads and the computer and off the couch and get<br />

them back onto their pushbikes and bmx bikes.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 15


To put some councillor at ease with costs, the club has some very good people throughout<br />

the community that have put their hand up to help the club with the redevelopment of<br />

the track. One being Scott Leonard Contracting who has some very heavy machinery and<br />

has put his hand up with his staff to do a lot of work to clear land and to remould jumps<br />

and so on throughout the track. There are opportunities in the coming period, namely,<br />

the club has been offered the 2013 State Titles, which obviously brings in quite a lot of<br />

people into the community and have the final round of the Tas Tri Series which is a<br />

statewide series between the 3 BMX parks and are also going to have a <strong>Wynyard</strong> Open<br />

Weekend. There is also the Tas Pre Titles meeting which is the lead up to the Tasmanian<br />

State Titles plus fortnightly club racing meets and also weekly coaching clinics for our<br />

children and this is not just for children but for mums and dads to hop out and jump on a<br />

bike.<br />

In conclusion Mr Pendlebury requested that the <strong>Council</strong> give favourable consideration to<br />

the application as he believes that this is a great opportunity to give our children in the<br />

community another outlet which will take a lot of pressure off the skate park.<br />

The Mayor thanked Mr Pendlebury for his statement.<br />

10.0 NOTICES <strong>OF</strong> MOTION<br />

Legislative Reference:<br />

Local Government (Meeting Procedures) Regulations 2005; Regulation 16<br />

(5) A councillor may give written notice of a motion, together with supporting information and<br />

reasons, to be included on the agenda of the next meeting to the general manager at least 7 days<br />

before the meeting.<br />

(6) The general manager, after consultation with the chairperson, may refuse to accept a written<br />

motion that, in their opinion –<br />

(a) is defamatory; or<br />

(b) contains offensive language; or<br />

(c) is unlawful.<br />

(7) A councillor who has given notice of a motion that has not been refused under subregulation (6) is<br />

to move the motion at the meeting, otherwise it lapses.<br />

10.1 CR DUNIAM – WATER STORAGE TANKS – SPORT AND RECREATION FACILITIES<br />

MOVED BY<br />

SECONDED BY<br />

CR DUNIAM<br />

CR HAWKINS<br />

That <strong>Council</strong> undertake cost benefit analysis of installing rainwater harvesting tanks<br />

and pumps in <strong>Council</strong>-owned sporting/recreation facilities appropriate for the purpose<br />

of irrigation of playing fields and providing water for ablution facilities.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 16


The MOTION was put and was CARRIED<br />

DIVISION<br />

IN FAVOUR<br />

MAYOR WALSH CR BRAMICH CR DIBLEY CR DUNIAM<br />

CR FAIRBROTHER CR FRIEDERSDORFF CR HAWKINS CR SMITH<br />

AGAINST<br />

Background/Rationale<br />

CR MOORE<br />

Our sporting facilities are extensively used throughout the year by a wide variety of<br />

sporting Clubs, as well as passive recreation users. Community sport is an activity that<br />

brings our communities together.<br />

The proposed <strong>Waratah</strong>-<strong>Wynyard</strong> Policy that supports subsidisation of annual water and<br />

sewerage infrastructure costs may not go far enough for some sporting clubs. In fact,<br />

many such organisations have no idea how much water is used to maintain their playing<br />

fields, nor what the actual annual water usage cost may be. It is suggested that some of<br />

these organisations may not be able to continue their sporting activities in the future<br />

simply because of the prohibitive cost of water.<br />

The installation of rainwater harvesting tanks will contribute significantly to a reduction<br />

in water usage costs, bringing it down to a more manageable level for these sporting<br />

clubs.<br />

Officers Comment<br />

The Executive Manager Engineering Services advises that this question has previously<br />

been discussed at an informal level, by officers with the Somerset Soccer Club and is<br />

potentially an expensive option to address increasing water costs. However, it could be<br />

beneficial to consider a cost benefit analysis of installing water tanks and pumps at two<br />

or three of the major water using facilities such as <strong>Wynyard</strong> Recreation Ground,<br />

Showground etc. This would involve a net present value (NPV) analysis of the cost<br />

involved in establishing the water supplies against the water service and usage costs that<br />

could be saved. It is likely this would need to include reductions in connection sizes, to<br />

reduce fixed charges or future changes in tariff structures that would significantly<br />

increase the water consumption charges relative to the fixed service charge.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 17


10.2 CR DUNIAM – FIRE MITIGATION – SISTERS BEACH<br />

MOVED BY<br />

SECONDED BY<br />

CR DUNIAM<br />

CR FRIEDERSDORFF<br />

That <strong>Council</strong> undertakes a risk assessment with a view to mitigation by <strong>Council</strong> officers<br />

of the potential bush fire hazard at Sisters Beach as a result of dense growth of<br />

vegetation (trees/bushes and undergrowth) on <strong>Council</strong> verges and <strong>Council</strong> managed<br />

land.<br />

The MOTION was put and was CARRIED<br />

DIVISION<br />

IN FAVOUR<br />

MAYOR WALSH CR BRAMICH CR DIBLEY CR DUNIAM<br />

CR FRIEDERSDORFF CR HAWKINS CR SMITH<br />

AGAINST<br />

CR FAIRBROTHER<br />

Background/Rationale<br />

Under the <strong>Waratah</strong>-<strong>Wynyard</strong> Strategic Plan 2009-2014: Environment – Sustainable<br />

management of our built and natural environment, <strong>Council</strong> as the local authority has a<br />

duty of care to ensure the safety of all residents.<br />

During a recent visit to Sisters Beach, it was noted that there are dense pockets of native<br />

vegetation on private and public property that could pose considerable bush fire risk, and<br />

with the upcoming bush fire season, it is essential that such vegetation and undergrowth<br />

be cleared.<br />

Rocky Cape National Park encompasses Sisters Beach on a wide front, and in recent years<br />

there have been two serious bushfires in this area, including Sisters Beach, which have<br />

caused serious safety concerns for residents. These bushfires should not be looked at as<br />

isolated incidents, and with the abundant growth of native vegetation within the<br />

National Park and the Sisters Beach settlement over the winter months, there is not just<br />

a possibility of another bushfire but an actual probability.<br />

Bushfire safety is not the sole responsibility of local authorities, and it behoves <strong>Council</strong>s<br />

to encourage property owners to clean up their private areas to mitigate the risk and<br />

ensure their own and others safety in this instance.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 18


To encourage community participation in this endeavour, <strong>Council</strong> could resurrect their<br />

program for such property clean ups by providing a dumping of green waste only site for<br />

a period of a few weeks.<br />

Section 200 of the Local Government Act 1993 requires a general manager, where a<br />

council is satisfied that a nuisance exists such as land kept in a state that causes or is<br />

likely to cause danger, harm to the health, safety of welfare of the public, to serve a<br />

notice on a land owner or occupier requiring that nuisance to be abated. As a land owner<br />

and manager a council shares the same obligation to ensure the land under its control<br />

does not constitute a nuisance or a risk to public safety.<br />

On that basis an appropriate risk assessment of the situation and development and<br />

implement of a mitigation strategy is essential.<br />

Officers Comment<br />

The Executive Manager Engineering Services advises that the Engineering Services<br />

Department is currently scheduling the slashing of roadside verges, however, with<br />

respect to the level of fuel load on <strong>Council</strong> owned or managed land beyond the verge it is<br />

suggested that <strong>Council</strong> seek some input from TasFire in assessing the risks and<br />

developing a long term management plan. This could follow on from work currently<br />

being done in the Sisters Beach area by TasFire in updating the bushfire response plans.<br />

During discussion Cr Bramich queried the outcome from a meeting held with Tas Fire<br />

Service and Parks and Wildlife at Sisters Beach regarding clearing areas for landing of<br />

helicopters and asked if this has progressed any further.<br />

The Executive Manager Corporate Governance advised Tas Fire Services were reviewed<br />

the Bushfire and Emergency Response Plans for the Sisters Beach area but this process did<br />

go into hibernation for a period of time due to the resignation of some officers at Tas Fire<br />

Services. Those positions have been replaced in recent times and over the last month or<br />

two there has been a regional officer from Tas Fire Services meeting with Sisters Beach<br />

community around bringing those items back onto the table for discussion. A further<br />

followup will occur with the intention of supplying councillors with an update at the next<br />

council meeting.<br />

Cr Fairbrother queried if <strong>Council</strong> had a fire abatement process and if so does this process<br />

cover the intent of what the motion is trying to achieve?<br />

The Executive Manager Engineering Services advised that there is a process for fire<br />

abatements on land not owned by council and the motion also refers to road verges<br />

which are outside of the area that council slash. Some input from Tas Fire would be<br />

required for the area in whole and any risks associated with vegetation growing in the<br />

area.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 19


Cr Fairbrother queried what was <strong>Council</strong>’s Fire Abatement Process?<br />

The Executive Manager Engineering Services advised that the <strong>Council</strong>’s Compliance<br />

Officer identifies properties that may pose a fire hazard, through either inspection or<br />

notice from the public of a possible fire hazard. Out of that abatement notices are issued<br />

with a time frame requiring removal of that fire hazard and if that time frame is not<br />

adhered to <strong>Council</strong> undertakes the work and the cost is recovered from the property<br />

owner.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 20


Planning Authority<br />

11.0 PLANNING AUTHORITY ITEMS<br />

Legislative Reference:<br />

Local Government (Meeting Procedures) Regulations 2005 Regulation 25 Judicial Review Act.<br />

The Chairperson is to advise the meeting if a <strong>Council</strong> intends to act at a meeting as a Planning Authority<br />

under the Land Use Planning and Approvals Act 1993.<br />

25(2) The general manager is to ensure that the reasons for a decision by a <strong>Council</strong> acting as a Planning<br />

Authority are recorded in the minutes.<br />

Any alternative decision the <strong>Council</strong> may make to a recommendation appearing on the Agenda, requires a<br />

full statement of reasons in order to maintain the integrity of the planning approval process and to comply<br />

with the Requirements of the Judicial Review Act.<br />

Planning Authority Meeting commenced at 6:49 pm.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 21


Planning Authority<br />

11.1 3 LOT SUBDIVISION – RELIANCE ON PERFORMANCE CRITERIA UNDER THE INDUSTRIAL<br />

ZONE PROVISIONS – 28 CALDER ROAD, WYNYARD – SD1901<br />

To: <strong>Council</strong><br />

Reporting Officer: Consultant Town Planner<br />

Responsible Manager: Executive Manager Development Services<br />

Report Date: 8 November 2012<br />

File Reference: SD 1901<br />

Enclosures:<br />

Development Application Form<br />

Certificate of Title<br />

Location Plan<br />

Supporting planning submission<br />

Landowner permission to lodge Development Application<br />

Cradle Mountain Water referral<br />

Representation (1)<br />

PURPOSE<br />

The report is to enable the Planning Authority to determine an application that has been<br />

made to subdivide land within the Industrial Zone at 28 Calder Road into 3 lots.<br />

BACKGROUND<br />

The subject property (CT 158808/2) is 6.887 hectares in area with a 168.54 metre<br />

frontage to Stennings Road and an 84.09 metre frontage to Calder Road.<br />

The property contains an existing potato storage shed, adjacent to eastern side of the<br />

Stennings Road frontage, and an associated stormwater holding pond. The existing<br />

development was approved by way of Planning Permit DA0024/2008. The balance of the<br />

property is currently undeveloped.<br />

The land is relatively flat with a slight fall towards the Calder Road.<br />

The property forms part of a wider 60 hectare area of Industrial Zoned land located to<br />

the north west of Calder Road and Inglis Street. The area is bound by the Inglis River to<br />

the north and is mostly located on the western side of the Bass Highway. Limited<br />

reticulated services are available to the properties on this side of the highway. The<br />

Industrial Zoned land immediately to the north is currently undeveloped.<br />

The land adjoining to the east of the subject site contains a silica plant operated by<br />

Tasmanian Advanced Minerals (TAM). The land adjoining to the west is zoned Primary<br />

Industries.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 22


Planning Authority<br />

Photograph 1 – Aerial photograph (Source: The LIST)<br />

A previous Development Application (SD 1815) for a 3 lot subdivision of the land was<br />

refused by <strong>Council</strong> at its meeting on 15 December 2008. The grounds for refusal were as<br />

follows:<br />

“The proposal is contrary to the Industrial Values articulated under Part 8.0 Clause<br />

8.1 and Part 2.0 Clause 2.2.4 of the <strong>Waratah</strong>-<strong>Wynyard</strong> Planning Scheme 2000, as<br />

reticulated sewerage services are not available to provide for a wide range of<br />

Industrial Activities.<br />

“The proposal is contrary to the Industrial Zone Intent articulated under Part 8.0<br />

Clause 8.2 of the <strong>Waratah</strong>-<strong>Wynyard</strong> Planning Scheme 2000, as it is not capable of<br />

providing for a range of Industrial Activities.<br />

“The applicant has not demonstrated compliance with the Infrastructure Provision<br />

Objective under Clause 8.4.1, Issue 10 of the <strong>Waratah</strong>-<strong>Wynyard</strong> Planning Scheme<br />

2000”.<br />

A subsequent Development Application (SD 1827) for a 3 lot subdivision was lodged in<br />

2009. An additional information request sought demonstration that the application<br />

complied with the objectives associated with Clause 8.4.1, Issue 3 and Clause 8.4.1, Issue<br />

10 of the Planning Scheme. The application was subsequently withdrawn.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 23


Planning Authority<br />

<strong>Council</strong>’s primary concern with SD 1815 related to the absence of a reticulated sewerage<br />

system in the area and the lack of sufficient information demonstrating that the<br />

proposed lots could adequately cater for on-site wastewater management. There were<br />

secondary concerns arising from the absence of stormwater and water infrastructure in<br />

the area. The lack of sewerage, stormwater and water infrastructure indicated that the<br />

lots were unsuitable for intensive industrial activities.<br />

There were also strategic planning concerns relating to the available supply of vacant,<br />

serviced Industrial land within the Somerset and <strong>Wynyard</strong> Airport areas.<br />

The current application is submitted in conjunction with a separate Development<br />

Application for a proposed dairy mash feed mill (DA 94/2012). The facility is intended to<br />

supply bulk milled dairy feed to dairy farms throughout the North-West. It will be<br />

developed on one of the lots included in the present subdivision.<br />

The current proposal seeks to address <strong>Council</strong>’s previous infrastructure servicing<br />

concerns. Whilst a sewer rising main exists in Stennings Road, Cradle Mountain Water<br />

advises that the reticulated network is currently at peak capacity and on-site<br />

management of wastewater would be required. The development proposed by way of<br />

DA 94/2012 includes a new stormwater holding pond, which will connect to <strong>Council</strong><br />

stormwater main in Stennings Road. It is proposed to install a DN100 water main to<br />

connect the lots to the existing water supply main in Calder Road.<br />

DETAILS<br />

Application<br />

The application proposes to subdivide the subject site into 3 large industrial lots of 2.7<br />

hectares (Lot 1), 2.5 hectares (Lot 2) and 1.69 hectares (Lot 3). The proposed Lot 1 will<br />

contain the existing potato storage shed and associated holding pond. The proposed<br />

dairy mash feed mill subject to DA 94/2012, and an associated new stormwater holding<br />

pond, would be contained within Lot 2.<br />

Internal Referrals<br />

Executive Manager Engineering Services<br />

1. In the course of undertaking the development/use there is to be no damage<br />

caused to any <strong>Council</strong> owned infrastructure or property.<br />

2. Material or plant may be placed/located on a road, footpath, nature strip or other<br />

<strong>Council</strong>-owned or controlled land only in accordance with the conditions in a<br />

“Works in Road Reservation Permit”.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 24


Planning Authority<br />

3. Necessary easements for powerlines, sewerage, water, drainage, access and the<br />

like are to be depicted in the final survey plan lodged for sealing.<br />

4. The locations of existing private services on the site are to be identified and<br />

where separate private sewer, water and storm water services, including on-site<br />

disposal systems, are required they are to be contained wholly within the<br />

individual lots they serve.<br />

5. The Stennings Road seal and kerb is to be extended to match the extension<br />

required by way of Planning Permit DA0024/2008 and to connect with the<br />

vehicular access to lot 2.<br />

6. A vehicular access with a 40mm asphalt sealed surface is to be constructed<br />

between the edge of the new sealed pavement of Stennings Road and the<br />

property boundary of lot 2, in accordance with the Tasmanian <strong>Council</strong>s’<br />

Subdivision Standard Drawing No SD1009 – Rural Roads – Standard Access and<br />

the conditions in a “Works in Road Reservation Permit”.<br />

7. A vehicular access with a 40mm asphalt sealed surface is to be constructed<br />

between the edge of the sealed pavement of Calder Road to the property<br />

boundary of lot 3, in accordance with the Tasmanian <strong>Council</strong>s’ Subdivision<br />

Standard Drawing No SD1009 and the conditions in a “Works in Road Reservation<br />

Permit”. Note: A sealed swale drain may be constructed in lieu of a culvert.<br />

8. All new vehicular accesses are to be located in accordance with Tasmanian<br />

<strong>Council</strong>s’ Subdivision Standard Drawing SD – 1012 – Access Sight Distance<br />

Requirements and be approved by the Executive Manager Engineering Services.<br />

Note:<br />

A “Works within the Road Reservation” permit must be obtained from <strong>Council</strong> for all<br />

activity within the Road Reservation.<br />

Environmental Health Officer<br />

1. Control measures are to be installed for the duration of the construction phase so<br />

as to limit the loss of soils and other debris from the site.<br />

2. This development/use is not to result in the generation of environmental harm or<br />

nuisance as defined in the Environmental Management and Pollution Control Act<br />

1994.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 25


Planning Authority<br />

External Referrals<br />

Cradle Mountain Water<br />

A referral was sent to Cradle Mountain Water on the 21.09.2012. A response was<br />

received on the 09.10.2012 requiring conditions for this permit, (see attached).<br />

Advertising<br />

The application was advertised for a period of 14 days in accordance with the provisions<br />

of the Land Use Planning and Approvals Act, 1993. During the advertising period, <strong>Council</strong><br />

received one (1) representation. The issues raised and a planning response is provided<br />

below:<br />

Representor 1 – Tasmanian Advanced Minerals<br />

Issues Raised – Tasmanian Advanced Minerals (TAM)<br />

TAM’s property is situated to the east of the subdivision site at 28 Calder Road. The following issues were raised:<br />

1. Given that the owner of 28 Calder Road has for four years refused to comply with the planning permit<br />

conditions relating to the potato storage shed, any new permit conditions similarly may not be complied<br />

with.<br />

2. Stormwater from the existing holding pond at the property is diverted to Stennings Road by way of a<br />

drain in TAM’s property which was illegally dug, rather than by way of a pumped connection as required<br />

by the previous permit for the potato storage shed.<br />

3. The requirement to seal and kerb Stennings Road up to the potato storage shed access have not been<br />

undertaken, as required by the previous permit.<br />

The representation requests that no new approvals be issued to the landowner until compliance with the existing<br />

planning permit conditions occurs.<br />

Planning Response<br />

A recent review undertaken by <strong>Council</strong> officers confirms that there are a number of the conditions of the potato<br />

storage shed permit remain (DA 24/2008) outstanding.<br />

Notwithstanding, <strong>Council</strong> has received Development Applications for the present subdivision (SD 1901) and a<br />

proposed dairy mash feed mill (DA 94/2012). The proponent is Tasmanian Stockfeed Services Pty Ltd, who is the<br />

developer for the dairy mash feed mill. <strong>Council</strong> must process and determine those applications in accordance with<br />

the statutory timeframes established under the Land Use Planning and Approvals Act 1993.<br />

The existing compliance issues are being investigated independent of the current approval processes for the<br />

current proposals, as is appropriate.<br />

The representation otherwise does not raise any issues or concerns relating to the compliance of the proposed<br />

subdivision against the relevant provisions of the Planning Scheme.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 26


Planning Authority<br />

Planning Assessment<br />

8.0 INDUSTRIAL ZONE<br />

8.1 Values of the zone<br />

8.1.1 This zone incorporates predominantly industrial and associated use or<br />

development of the following areas:<br />

Somerset and <strong>Wynyard</strong> industrial estates, the Burnie Airport and other areas<br />

where industrial and transport orientated development is appropriate and<br />

encouraged to locate.<br />

8.1.2 The values associated with each of the areas in the zone are specified in Part 2 of<br />

the planning scheme.<br />

8.2 Intent of the zone<br />

(a) To provide for a range of industrial uses in concentrated areas; and<br />

(b)<br />

To allow a range of other uses in ways and in locations that do not affect the<br />

viability and operation of use or development associated the primary uses of the<br />

zone.<br />

The land is appropriately zoned to accommodate the proposed dairy feed mesh mill (DA<br />

94/2012). The current subdivision is to facilitate the creation of Lot 2 which will contain<br />

the proposed facility. One additional vacant title (Lot 3) will be created with frontage<br />

onto Calder Road.<br />

The application therefore is considered to have minimal impact in relation to the existing<br />

supply of serviced Industrial Zoned land located elsewhere. Whilst the zone provides a<br />

minimum lot size of 1,000m 2 , the proposed lots are of an appropriate size taking account<br />

of the servicing constraints and the nature of the existing and proposed industrial uses<br />

and developments.<br />

As discussed previously, the current proposal seeks to address <strong>Council</strong>’s previous<br />

infrastructure servicing concerns. Whilst the application intended that Lot 2 would<br />

connect to the rising main in Stennings Road, Cradle Mountain Water advises that the<br />

reticulated network is currently at peak capacity and on-site management of wastewater<br />

would be required. The application otherwise indicates that Lot 3 is of an appropriate<br />

size to accommodate on-site waste water disposal systems. Taking this into account, and<br />

given that wastewater to be generated by the proposed dairy mash feed mill is limited to<br />

the office building associated with the facility, on-site management would appear to be<br />

feasible.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 27


Planning Authority<br />

The Development Application for the dairy mash feed mill includes a new stormwater<br />

holding pond which will have a pumped connection to the <strong>Council</strong> stormwater main in<br />

Stennings Road, as required of the approved potato storage shed. Stormwater<br />

management for Lot 3 will require resolution at the time a development application is<br />

made for the use and development of that land. Likewise, in the event that any permit<br />

issued in relation to DA 94/2012 is not acted upon, stormwater management for that<br />

land would require resolution as part of a future development application.<br />

A new DN100 water main will be constructed to connect each of the lots to the existing<br />

water supply main in Calder Road.<br />

<strong>Council</strong> requires a short extension to the Stennings Road seal and kerb between the<br />

extension required by DA0024/2008 and the access to the proposed Lot 2.<br />

The relevant standards under the applicable Zone and Schedule provisions are addressed<br />

in the following discussion.<br />

8.4.1 Issue 1.0 Issue:- Emissions<br />

Objective: To ensure that emissions are contained within the development site or are<br />

managed in such way as to not cause a loss of amenity to surrounding use or<br />

development or impact detrimentally on the environment.<br />

The standard does not apply to the application. It will be considered in relation to DA<br />

94/2012, which seeks approval for the proposed dairy mash feed mill.<br />

8.4.1 Issue 2.0:- Hazardous Waste Disposal<br />

Objective: To ensure that toxic waste is disposed of in facilities designed to properly<br />

accommodate such wastes.<br />

The standard does not apply to the application.<br />

8.4.1 Issue 3.0:- Subdivision<br />

Objective: To ensure that land is subdivided in a manner:<br />

(a) which is appropriate to the intended use or development;<br />

(b) that provides appropriate infrastructure; and<br />

(c) that meets relevant Scheme standards.<br />

Acceptable Solution<br />

3.1 Subject to clause 21.6.2 minimum lot size is to be<br />

1000m2 with a minimum frontage to a road of<br />

20 metres.<br />

Performance Criteria<br />

3.1 Subject to clause 21.6.2 <strong>Council</strong> may approve<br />

lots of less than 1000 m2 or with frontage of less<br />

than 20 metres where:<br />

(a) it can be shown that it is necessary for a<br />

use or development to proceed or<br />

(b) it is to adjust the boundaries to achieve a<br />

more efficient lot layout.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 28


Planning Authority<br />

The proposed lots meet the acceptable solution. The smallest lot is Lot 3 which has an<br />

area of 1.69 hectares. Lot 2 has the narrowest frontage which is 81 metres in width.<br />

Clause 21.6.2 does not apply to the application. It relates to land within the Somerset<br />

Industrial Zone where the preparation of a Local Area Plan is required before <strong>Council</strong> can<br />

consider a subdivision of that land.<br />

Acceptable Solution<br />

3.2 It is for a boundary adjustment, amalgamation<br />

or minor subdivision to provide for an improved<br />

management of the land, or would lead to a<br />

better arrangement of lots consistent with the<br />

objective, and where no additional lots are<br />

created.<br />

Performance Criteria<br />

3.2 No performance criteria<br />

The acceptable solution is not applicable since the application does not involve a<br />

boundary adjustment.<br />

8.4.1 Issue 4.0:- Building appearance and street character<br />

Objective: To ensure that building appearance from public streets is visually compatible<br />

with surrounding development and maintains amenity.<br />

The standard does not apply to the application.<br />

8.4.1 Issue 5.0:- Amenity of residences in surrounding zones<br />

Objective: To ensure use or development in the industrial zone does not significantly<br />

impact on the amenity of residential use or development in adjoining zones.<br />

The standard does not apply to the application. Whilst the objective includes a reference<br />

to development generally, the requirements under the acceptable solution deal with<br />

buildings, outside storage areas and noise emissions from activities or equipment. The<br />

standard therefore is not intended to apply to subdivision. The issues under the<br />

standard will be considered in relation to DA 94/2012.<br />

8.4.1 Issue 6.0:- Landscaping<br />

Objective: To enhance the appearance of use or development, provide visual screening,<br />

separate incompatible activities, assist in the control of run off and erosion, contribute to<br />

a reduction in noise levels and define pedestrian and vehicle circulation systems.<br />

For similar reasons given in relation to Issue 5.0, the standard does not apply to<br />

subdivision. Landscaping will be a relevant requirement for the use and development<br />

proposed by way of DA 94/2012. It will also be a relevant consideration for the future<br />

use and development of the proposed Lot 3.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 29


Planning Authority<br />

8.4.1 Issue 7.0:- Effluent and stormwater disposal<br />

Objective: To ensure that effluent and stormwater discharge from new development does<br />

not have an adverse effect on water quality.<br />

Acceptable Solution<br />

7.1 Effluent is to be disposed of by a connection to a<br />

reticulated sewerage system.<br />

Performance Criteria<br />

7.1 Where a connection to a sewerage system is<br />

unavailable, effluent is to be treated by means<br />

of:<br />

(a) an on site septic tank system; or<br />

(b) connection to a package aerated waste<br />

water treatment system; or<br />

(c) other systems approved by the<br />

Department of Health and Human<br />

Services.<br />

The application indicates that it is intended that Lot 2 would be connected to the sewer<br />

rising main on Stennings Road. However, the referral comments received from Cradle<br />

Mountain Water indicate that rising main network in the surrounding area is currently at<br />

peak capacity and unable to accept additional load. On-site wastewater management is<br />

therefore required, which requires assessment in relation to the performance criteria.<br />

The application incorporates a report prepared by JMG which indicates that there is<br />

sufficient land area within Lot 3, which is situated adjacent to Calder Road, to<br />

accommodate on-site waste water disposal systems. The office building associated with<br />

the potato storage shed within the proposed Lot 1 is serviced by an existing septic tank.<br />

The requirement for the on-site management of wastewater within Lots 2, as required by<br />

Cradle Mountain Water, therefore would appear to be feasible.<br />

The land area required for waste water disposal will be determined by the number of<br />

staff and visitors likely to occupy the lots. It is be an appropriate matter for<br />

consideration for the Development Application for proposed dairy mash feed mill within<br />

Lot 2 (DA 94/2012), and at the time an application is made for the use and development<br />

of the proposed Lot 3.<br />

The office building associated with the potato storage shed within the proposed Lot 1 is<br />

serviced by an existing septic tank. A plan held on <strong>Council</strong>’s records indicates that the<br />

absorption trenches associated with the septic tank are located on the land associated<br />

with the proposed Lot 2. Modifications to the existing septic system will therefore be<br />

required to ensure that wastewater associated with Lot 1 is contained within the<br />

boundaries of that lot. A condition requiring separation of on-site services is<br />

recommended for inclusion on the planning permit.<br />

The application is considered to demonstrate the future development of Lots 2 and 3 are<br />

capable of satisfying the Performance Criteria, subject to separate Development<br />

Applications.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 30


Planning Authority<br />

Acceptable Solution<br />

7.2 Stormwater is to be disposed of by a connection<br />

to a reticulated stormwater system.<br />

Performance Criteria<br />

7.2 Where a connection to an existing stormwater<br />

system is unavailable, appropriate methods of<br />

detention and/or treatment of all runoff are to<br />

be implemented so that discharge into receiving<br />

waters is in accordance with<br />

(a) standards set by the National Health and<br />

Medical Research <strong>Council</strong> for primary<br />

contact; or<br />

(b) for other waste values – as determined by<br />

the Board of Environmental Management<br />

and Pollution Control in accordance with<br />

the State Policy for Water Quality<br />

Management.<br />

The proposal indicates that a new stormwater holding pond is proposed to be developed<br />

in conjunction with DA 94/2012 within Lot 2. Water from the pond is proposed to be<br />

pumped to the <strong>Council</strong> stormwater main in Stennings Road. The pump rate will be<br />

determined by the capacity of the roadside drainage system.<br />

Stormwater management for Lot 3 will require resolution at the time a development<br />

application is made for the use and development of that land.<br />

The application is considered to demonstrate the future development of Lots 2 and 3 are<br />

capable of satisfying the Performance Criteria, subject to separate Development<br />

Applications.<br />

8.4.1 Issue 8.0:- Railway Alignment<br />

Objective: To ensure that incompatible use or development does not limit the ongoing<br />

operation or potential for reuse and expansion of the railway asset.<br />

The Western Line is situated to the south of the subject site. However, given that the<br />

application does not involve a sensitive use the standard is not applicable.<br />

8.4.1 Issue 9.0:- Airport Protection<br />

Objective: To ensure that the ongoing operation or potential for operations of the Burnie<br />

Airport at <strong>Wynyard</strong> is protected from inappropriately located and designed development<br />

which could encroach into the flight paths or otherwise impact on the operation of the<br />

airport.<br />

The standard does not apply to the proposed subdivision. The requirements under the<br />

standard will be applicable to the use and development proposed by way of DA 94/2012.<br />

They will also be applicable to the future use and development of the proposed Lot 3.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 31


Planning Authority<br />

8.4.1 Issue 10.0:- Infrastructure Provision<br />

Objective: To ensure that the cost of providing infrastructure to uses or new<br />

developments is not unreasonably borne by the community.<br />

Acceptable Solution<br />

10.1 Where a use or development involves more that<br />

low-level use in the demand for infrastructure<br />

service capacity, the entire cost of the added<br />

burden on the service capacity of public<br />

infrastructure, that will be imposed by that use<br />

or development is to be paid for by the person<br />

undertaking the use or development.<br />

Performance Criteria<br />

10.1 Where a use or development involves more than<br />

low-level use in the demand for infrastructure<br />

services capacity, the person undertaking the<br />

use or development must demonstrate to the<br />

planning authority that meeting the entire cost<br />

is unreasonable and that a contribution towards<br />

the cost of that infrastructure, commensurate<br />

with the service capacity that will be utilised, is<br />

appropriate.<br />

The acceptable solution is reflected in the recommended permit conditions as a standard<br />

requirement. The developer will be required to cover the costs associated with providing<br />

infrastructure services to the subdivision.<br />

14.2.1 Issue 1.0:- Access Sight Distance<br />

Objective: To ensure that adequate sight distance is provided in relation to the<br />

speed of through traffic.<br />

Acceptable Solution<br />

1.1 (i) For Category I – VI Roads any access onto, or<br />

new junction with, a road complies with the<br />

requirements of the Austroads Standards with<br />

respect to Safe Intersection Sight Distance;<br />

Performance Criteria<br />

1.1 No performance criteria.<br />

The application incorporates a report prepared by JMG which provides an assessment of<br />

the available Safe Intersection Sight Distances (SISDs) along Calder Road. This indicates<br />

that the design speed is 60 km/h. Austroads Standards require a corresponding SISD of<br />

115 metres. The required SISD is available in both directions along Calder Road as<br />

required.<br />

Stennings Road is subject to a similar speed environment and, consequently, SISD<br />

requirement. The required SISD is available in both directions along Calder Road as<br />

required.<br />

The application therefore complies with the acceptable solution.<br />

Part 14.0 – Road Asset Schedule<br />

Table 14.2.1 Issue 2.0:- Number of Access and Junctions on Category I – VI<br />

Roads<br />

Objective: To ensure that the performance and safety of roads is not reduced by the<br />

number of vehicle entry points.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 32


Planning Authority<br />

Acceptable Solution<br />

2.3 Outside an area subject to a General Urban<br />

Speed Limit, and where access is onto, or the<br />

junction is with, a Category IVVI Road a<br />

maximum of one direct access (or junction) per<br />

property, providing both entry and exit, or two<br />

direct accesses providing separate entry and exit,<br />

will be permitted providing that any access<br />

(junction) will be located;<br />

Performance Criteria<br />

2.3 A TIA demonstrates that the above Objective<br />

will be achieved in respect to the number,<br />

location, layout and design of accesses and<br />

junctions.<br />

The recommended permit conditions require the construction of a single vehicular access<br />

onto Stennings and Calder Roads for Lots 2 and 3 respectively. There is no indication<br />

that additional accesses are proposed. The application therefore complies with the<br />

acceptable solution.<br />

The site plan submitted in relation to DA 94/2012 indicates that a single access providing<br />

entry and exit is intended to service the proposed dairy mash feed mill.<br />

Any alternative access arrangements associated with the future use and development of<br />

Lot 3 may require assessment in relation to the performance criteria.<br />

14.2.1 Issue 7.0:- Design Matters<br />

Objective: That all necessary roadworks are undertaken to standards required by the<br />

Road Authority.<br />

Acceptable Solution<br />

7.1 Any access and any new junction complies with<br />

the Austroads Standards (excepting those<br />

relating to sight distances) with respect to<br />

accesses and junctions.<br />

Performance Criteria<br />

7.1 A TIA demonstrates that the above Objective<br />

will be achieved with respect to the layout of<br />

any access and any new junction.<br />

Given that the recommended permit conditions require the accesses to Lots 2 and 3 to<br />

be constructed in accordance with Tasmanian <strong>Council</strong>s’ Subdivision Standards Drawing<br />

No SD1009 – Rural Roads – Standard Access, the application complies with the<br />

acceptable solution.<br />

The other relevant Planning Scheme Schedules identified under Clause 8.5 are not<br />

applicable to the application, as detailed in the table below.<br />

Part Schedule Assessment<br />

Part 13.0 Heritage Not Applicable to this application.<br />

Part 15.0 Standard Attenuation Distances Not Applicable to this application.<br />

Part 16.0 Wetlands and Waterways Not Applicable to this application.<br />

Part 17.0 Car Parking and Access Not Applicable to this application.<br />

Part 19.0 Signs Schedule Not Applicable to this application.<br />

Part 20.0 Potentially Contaminated Land Schedule Not Applicable to this application.<br />

Part 21.0 Local Area Plans Schedule Not Applicable to this application.<br />

Part 22.0 Telecommunications Schedule Not Applicable to this application.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 33


Planning Authority<br />

STATUTORY IMPLICATIONS<br />

Statutory Requirements<br />

The application is subject to the following statutory instruments:<br />

Land Use Planning & Approvals Act 1993; and<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> Planning Scheme 2000.<br />

STRATEGIC IMPLICATIONS<br />

There are no significant strategic implications identified.<br />

POLICY IMPLICATIONS<br />

There are no significant policy implications identified.<br />

FINANCIAL IMPLICATIONS<br />

Financial costs may arise in relation to any appeal against the determination of the<br />

application by the Planning Authority.<br />

RISK IMPLICATIONS<br />

There is a risk that the applicant or representor may appeal the determination of the<br />

Planning Authority to the Resource Management and Planning Appeal Tribunal.<br />

CONSULTATION PROCESS<br />

The Development Application was placed on public exhibition as required under the Land<br />

Use Planning and Approvals Act 1993.<br />

COMMENT<br />

The application involves a 3 lot subdivision submitted by the developer of a proposed<br />

dairy mash feed mill (DA 94/2012) on the proposed Lot 2. Lot 1 will contain an existing<br />

potato storage shed at the subdivision site.<br />

The application for the dairy mash feed mill is being processed independently from the<br />

current subdivision. However, the proposed development assists in demonstrating that<br />

<strong>Council</strong>’s previous concerns relating to infrastructure servicing can be addressed.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 34


Planning Authority<br />

The application before <strong>Council</strong> is discretionary and is assessed as compliant with the<br />

applicable provisions and standards under the relevant Zone and Schedule Controls. In<br />

particular, this includes Clause 8.4.1, Performance Criteria 7.1 and 7.2 dealing with<br />

wastewater and stormwater management, Clause 8.4.1, Acceptable Solution 10.1 which<br />

requires the developer to cover the costs associated with providing infrastructure<br />

services to the subdivision and the access requirements under Part 14.0 – Road Asset<br />

Schedule.<br />

Whilst the zone provides a minimum lot size of 1,000m 2 , the proposed lots are of an<br />

appropriate size taking account of the servicing constraints and the nature of the existing<br />

and proposed industrial uses and developments.<br />

MOVED BY<br />

SECONDED BY<br />

CR BRAMICH<br />

CR FAIRBROTHER<br />

That the Planning Authority grant approval for a 3 Lot Subdivision – Reliance on<br />

Performance Criteria under Industrial Zone Provisions at 28 Calder Road, <strong>Wynyard</strong><br />

subject to the following conditions:-<br />

PART A CONDITIONS:<br />

1. The development/use, as shown on the endorsed plan(s) and described in the<br />

application, is not to be altered or modified for any reason without the consent<br />

of the Planning Authority.<br />

2. All costs associated with the proposed development including those related to<br />

infrastructure extensions or upgrades to <strong>Council</strong> assets are to be met by the<br />

Developer.<br />

3. A Final Survey Plan submitted for sealing by the <strong>Council</strong> is to show all easements<br />

required for powerlines, sewerage, water, drainage purposes and legal access.<br />

4. Prior to sealing the Final Survey Plan, all works required by this permit are<br />

required to be completed to the satisfaction of <strong>Council</strong>.<br />

5. In the course of undertaking the development/use there is to be no damage<br />

caused to any <strong>Council</strong> owned infrastructure or property.<br />

6. Material or plant may be placed/located on a road, footpath, nature strip or<br />

other <strong>Council</strong>-owned or controlled land only in accordance with the conditions<br />

in a “Works in Road Reservation Permit”.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 35


Planning Authority<br />

7. The locations of existing private services on the site are to be identified and<br />

where separate private sewer, water and storm water services, including on-site<br />

disposal systems, are required they are to be contained wholly within the<br />

individual lots they serve.<br />

8. The Stennings Road seal and kerb is to be extended to match the extension<br />

required by way of Planning Permit DA0024/2008 and to connect with the<br />

vehicular access to lot 2.<br />

9. A vehicular access with a 40mm asphalt sealed surface is to be constructed<br />

between the edge of the new sealed pavement of Stennings Road and the<br />

property boundary of lot 2, in accordance with the Tasmanian <strong>Council</strong>s’<br />

Subdivision Standard Drawing No SD1009 – Rural Roads – Standard Access and<br />

the conditions in a “Works in Road Reservation Permit”.<br />

10. A vehicular access with a 40mm asphalt sealed surface is to be constructed<br />

between the edge of the sealed pavement of Calder Road to the property<br />

boundary of lot 3, in accordance with the Tasmanian <strong>Council</strong>s’ Subdivision<br />

Standard Drawing No SD1009 and the conditions in a “Works in Road<br />

Reservation Permit”. Note: A sealed swale drain may be constructed in lieu of a<br />

culvert.<br />

11. All new vehicular accesses are to be located in accordance with Tasmanian<br />

<strong>Council</strong>s’ Subdivision Standard Drawing SD – 1012 – Access Sight Distance<br />

Requirements and be approved by the Executive Manager Engineering Services.<br />

12. Underground power is to be provided to each lot in the development in<br />

accordance of the requirements of Aurora Energy and IPWEA standard drawings<br />

and specifications.<br />

13. Telecommunication services are to be provided to each lot in the development<br />

in accordance of the requirements of Telstra and IPWEA standard drawings and<br />

specifications.<br />

14. Control measures are to be installed for the duration of the construction phase<br />

so as to limit the loss of soils and other debris from the site.<br />

15. This development/use is not to result in the generation of environmental harm<br />

or nuisance as defined in the Environmental Management and Pollution Control<br />

Act 1994.<br />

Note:<br />

A “Works within the Road Reservation” permit must be obtained from <strong>Council</strong> for all<br />

activity within the Road Reservation.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 36


Planning Authority<br />

According to <strong>Council</strong>’s records, the drainage trenches and absorption trenches area<br />

associated with the existing septic tank located within lot 1 will require relocation to be<br />

clear of lot 2 in order to ensure compliance with Condition 6 of this permit.<br />

PART B CONDITIONS:<br />

1. The person responsible for the activity must comply with the conditions<br />

contained in Schedule 2 or Permit Part B which the Regulated Entity (trading as<br />

Cradle Mountain Water) has required the planning authority to include in the<br />

permit, pursuant to section 56Q of the Water and Sewerage Industry Act 2008,<br />

reference 2012.0262 (attached).<br />

The MOTION was put and was CARRIED unanimously.<br />

IN FAVOUR<br />

MAYOR WALSH CR BRAMICH CR DIBLEY CR DUNIAM<br />

CR FAIRBROTHER CR FRIEDERSDORFF CR HAWKINS CR MOORE CR SMITH<br />

The Executive Manager Financial Services left the meeting at 6:53pm<br />

During discussion Cr Bramich foreshadowed a motion as follows:<br />

That <strong>Council</strong> write to Cradle Mountain Water requesting consideration for the next<br />

financial year for sewerage for the parcel of land in Stennings Road, <strong>Wynyard</strong> that is<br />

classed industrial.<br />

The Mayor requested that Cr Bramich put the motion forward to the next meeting.<br />

The Executive Manager Development Services left the meeting at 6:55pm<br />

The Executive Manager Financial Services returned to the meeting at 7:02pm<br />

The Executive Manager Development Services returned to the meeting at 7:02pm<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 37


Planning Authority<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 38


Planning Authority<br />

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11.2 SUBDIVISION – 43 LOTS – RELIANCE ON PERFORMANCE CRITERIA UNDER RESIDENTIAL<br />

ZONE PROVISIONS – BELTON STREET, WYNYARD (CT 161377/3) - SD 1902<br />

To:<br />

<strong>Council</strong><br />

Reporting Officer: Town Planner<br />

Responsible Manager: Executive Manager Development Services<br />

Report Date: 7 November 2012<br />

File Reference: SD 1902<br />

Enclosures:<br />

Development Application Form<br />

Owners Consent<br />

Certificate of Title<br />

Location Map<br />

Supporting Documentation<br />

Infrastructure Assessment Report for Planning Approval<br />

Traffic Impact Assessment<br />

Cradle Mountain Water<br />

Representations x 2<br />

PURPOSE<br />

Application has been made for a staged residential subdivision of land located on the<br />

south-western side of Belton Street, <strong>Wynyard</strong> towards the western end of the <strong>Wynyard</strong><br />

township. The site is adjacent to existing residential development to the north and is<br />

currently zoned Residential under the <strong>Waratah</strong>-<strong>Wynyard</strong> Planning Scheme 2000 (the<br />

Planning Scheme). The title has an area of 2.891 hectares and it is proposed to subdivide<br />

the land into 43 residential allotments. The proposed lots range between 451m 2 to<br />

3635 2 in size. Access to the lots is proposed to be via Belton Street, <strong>Wynyard</strong>.<br />

The proposal before <strong>Council</strong> is a discretionary application and is assessed against the<br />

provisions of the Planning Scheme, in particular Part 6.0 with respect to subdivision in<br />

the Residential Zone.<br />

BACKGROUND<br />

The subject site is surrounded to the north, east and south by land within the Residential<br />

Zone, with the land directly to the west within the Primary Industries Zone. The land<br />

north of the site is partially developed with substantial land still undeveloped opposite<br />

Stanwyn Court. Land to the east and south are Crown Leases, with the BMX track,<br />

Frederick Street complex and the <strong>Wynyard</strong> Pony Club. The land directly to the west has<br />

two properties both with existing dwellings.<br />

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The site is currently constrained by slope in some areas and an existing dam to the northeast<br />

of the site. The site is subject to a burdening easement in the form of a right of<br />

carriageway appurtenant to (benefiting) CT 161376/1 – 53 Belton Street, <strong>Wynyard</strong>.<br />

The current application is for a 43 lot residential subdivision of the balance land at Inglis<br />

Street, <strong>Wynyard</strong> (CT 161377/3).<br />

The following reports accompany the current application:<br />

* Traffic Impact Assessment, prepared by Chris Martin dated 3 October 2012; and<br />

* Infrastructure Assessment Report, prepared by Chris Martin dated 3 September<br />

2012.<br />

Photograph 1 – Aerial photograph (Source: Mapinfo)<br />

Subject Site – CT 161377/3<br />

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Photograph 2 – Aerial photograph & Contours - (Source: Mapinfo)<br />

DETAILS<br />

Application<br />

This report assesses the proposal against the Planning Scheme and takes into account<br />

representations received during the public exhibition period. The subject property is<br />

located towards the western side of the township of <strong>Wynyard</strong>. This site is currently<br />

zoned Residential under the Planning Scheme.<br />

The development is for a Subdivision, which does not have a Use Class under the<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> Planning Scheme 2000, therefore it is to be assessed as a<br />

discretionary application under the Local Government (Building and Miscellaneous<br />

Provisions) Act 1993, Part 3 Subdivisions, s.81(2)<br />

“(2) Unless the relevant planning scheme or interim order provides otherwise, an<br />

application for approval of a subdivision plan is to be made as if it were an<br />

application for a discretionary permit under section 57 of the Land Use Planning<br />

and Approvals Act 1993.”<br />

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The subdivision proposes four (4) stages. Stage one (1) to create 5 lots (1, 2, 3, 39 & 40)<br />

plus lot 42 leaving a lot with a temporary turning circle within the road reserve and a<br />

portion of lot 38. Stage two (2) to create 10 lots (4, 5, 6, 7, 8, 34, 35, 36, 37 & 38) leaving<br />

a balance lot with temporary turning circle. Stage three (3) to create 12 lots (23, 24, 25,<br />

26, 27, 28, 29, 30, 31, 32, 33 & 41) plus balance lot with a temporary turning circle. Stage<br />

four (4) to create 14 lots (9 – 22).<br />

The proposal also includes the construction of retaining walls on lots 4, 5, 6, 7, 10, 11, 31,<br />

32 and 41 to a maximum of 1m in height to allow site grading on the lots and<br />

construction of 2m high retaining walls at its highest point along the rear (northern)<br />

boundary of lots 31, 32 and across lot 31 to allow site grading on the lots.<br />

The developer intends to construct housing on all of the lots and has indicated that their<br />

preferences for retaining walls are to construct them of keystone blocks at a distance of<br />

1m inside the lower property boundary. The proposed 1m height limit (excepting parts<br />

within lots 31 and 32) is to minimise earthworks and impact on adjacent lands.<br />

The existing man-made dams on lots 31, 32 and 41 will be control released during<br />

summer months with the base materials being allowed to dry. Any vegetation is to be<br />

removed and the dam is to be filled and compacted in accordance with AS 3798 so as to<br />

ensure a likely ‘M’ site classification.<br />

The open channel is to be re-established with native vegetation to be planted where<br />

earthworks disturb existing vegetation for 5m from the watercourse.<br />

A 6m x 6m x 3m high shed will be erected within the boundaries of Lot 38 for the<br />

purposes of a construction site shed during the life of the subdivision construction and<br />

residential development of Stages 1, 2 and 3. The shed is proposed to be converted into<br />

a double garage as part of the residential development on Lot 38.<br />

Internal Referrals<br />

Executive Manager Engineering Services<br />

1. Construction of civil engineering work associated with the Development is to<br />

comply with the requirements of <strong>Council</strong>’s Policy PR003 – Standard requirements<br />

for the construction of new infrastructure.<br />

2. Relevant engineering plans, specifications, calculations and computations are to<br />

be prepared by or be certified by a Chartered Professional Engineer and<br />

submitted to the Executive Manager Engineering Services for approval. No work<br />

is to commence until a Construction Certificate has been issued by the Executive<br />

Manager Engineering Services. Hold points for <strong>Council</strong> approvals will be required<br />

prior to:<br />

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a) Pouring of concrete kerb and channelling, footpaths and driveways;<br />

b) Surface sealing of all internal roads including documented pavement<br />

testing; and<br />

c) On completion of all civil works.<br />

3. On completion of work covered by a Construction Certificate a Chartered<br />

Professional Engineer is to certify by declaration that all work has been carried<br />

out fully in accordance with the approved plans, specifications, calculations and<br />

computations. “Works as Constructed” drawings that comply with the<br />

requirements of <strong>Council</strong>’s “Submission of digital-as-constructed information”<br />

template are to be supplied (Note: Template can be obtained from <strong>Council</strong>’s<br />

website).<br />

4. No damage is to be caused to the road, footpath or other public facility during<br />

construction. Any damage caused is to be rectified to the satisfaction of the<br />

Executive Manager Engineering Services.<br />

5. Material or plant may be placed/located on a road, footpath, nature strip or other<br />

<strong>Council</strong>-owned or controlled land only in accordance with the conditions in a<br />

“Works in Road Reservation Permit”.<br />

6. A Final Survey Plan submitted for sealing by the <strong>Council</strong> is to show all easements<br />

required for powerlines, sewerage, water, drainage purposes and legal access.<br />

7. Connection of stormwater drains to <strong>Council</strong>’s drainage network is to occur only in<br />

accordance with the requirements and approval of the Executive Manager<br />

Engineering Services.<br />

8. A twelve (12) month maintenance period is to apply to all works within the<br />

development which will become <strong>Council</strong> infrastructure. A maintenance bond of<br />

5% of the cost of the civil works as approved by the Executive Manager<br />

Engineering Services is to be lodged with <strong>Council</strong> prior to:<br />

a) the issue of the Maintenance Period Commencement document; or<br />

b) prior to the sealing of the Final Survey Plan.<br />

9. New kerb crossovers are to be constructed for each allotment in accordance with<br />

Tasmanian <strong>Council</strong>s’ subdivision Standard Drawing SD1003 Urban Roads –<br />

Standard Vehicle Crossing and the conditions in a “Works in Road Reservation<br />

Permit”.<br />

10. New reinforced concrete driveways are to be constructed for each allotment<br />

between the kerb crossover and the property boundary in accordance with<br />

Tasmanian <strong>Council</strong>s’ Subdivision Standard Drawing SD1003 - Urban Roads –<br />

Standard Vehicle Crossing and the conditions in a “Works in Road Reservation<br />

Permit”.<br />

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Planning Authority<br />

11. For each lot a stormwater connection point including an accessible inspection<br />

opening at ground level is to be constructed at the lowest point of each allotment<br />

to permit connection to the stormwater reticulation network in accordance with<br />

Standard Drawing SD-2070 Stormwater – Lot Connections. The stormwater<br />

connection point is to be inspected and approved prior to backfilling to the<br />

satisfaction of the Executive Manager Engineering Services.<br />

12. A reticulated stormwater drainage system is to be provided with individual lot<br />

connections, road drainage and method of discharge in accordance with the<br />

requirements of the Executive Manager Engineering Services. The design return<br />

interval for the reticulation network is 1 in 10 year ARI for property only, 1 in 20<br />

year ARI for road drainage and provision is to be made to contain a 1 in 100 year<br />

ARI major overland flow- path. In this regard the impact upon the existing<br />

stormwater network is to be analysed by the developer and upgrades designed<br />

and constructed by the developer were the existing network capacity is exceeded:<br />

a) 1 in 10 year ARI for property only,<br />

b) 1 in 20 year ARI for road drainage and<br />

c) provision is to be made to contain a 1 in 100 year ARI major overland flowpath<br />

13. A suitably sized gross pollutant trap is to be installed at the 750Ø road culvert<br />

located at the North West corner of lot 42.<br />

14. Any upgrade or alteration of existing <strong>Council</strong> infrastructure is to be at the<br />

developers cost.<br />

15. All stormwater run-off from access surfaces is to be drained into sedimenttrapping<br />

device(s) approved by the Executive Manager Engineering Services<br />

before discharge from the site.<br />

16. Subsoil drains are to be installed at the back of kerb, both sides of all internal<br />

subdivisional roads, in accordance with IPWEA Tasmanian <strong>Council</strong>s’ Subdivision<br />

Standards SD-2004.<br />

17. Before site disturbance or construction commences, an environmental<br />

management plan is to be prepared and submitted for approval by the Executive<br />

Manager Engineering Services, prior to disturbance or construction, outlining<br />

proposed practices in relation to:<br />

a) Temporary runoff and erosion controls are to be installed before the<br />

development commences. Controls are to include, but are not limited to:<br />

i) Minimise site disturbance and vegetation removal;<br />

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Planning Authority<br />

ii) Diversion of up-slope run-off around cleared and/or disturbed<br />

areas, areas to be cleared and/or disturbed or filling provided that<br />

such diverted water will not cause erosion and is directed to a legal<br />

discharge point;<br />

iii) Installation of sediment retention traps (e.g. sediment fences etc.)<br />

at the down slope perimeter of the disturbed area or stockpile to<br />

prevent unwanted sediment and other debris escaping from the<br />

land; and<br />

iv) Rehabilitation of all disturbed areas as soon as possible.<br />

a) Weed management;<br />

b) Storage facilities for fuels, oils, greases, chemicals and the like; and<br />

c) Litter management.<br />

18. Erosion control measures are to be maintained at full operational capacity until<br />

the land is effectively rehabilitated and stabilised after completion of the<br />

development. All surfaces disturbed by the development are to be stabilised and<br />

revegetated to the requirement of the Executive Manager Engineering Services.<br />

19. A 15.24 metre wide road reservation for the internal roadway from the Belton<br />

Street junction to the end of lots 8 and 34, with lot boundaries splayed where<br />

necessary is to be provided and shown as “Road” on the Final Survey Plan lodged<br />

for sealing.<br />

20. A 15-metre wide road reservation for the internal roadway from cul-de-sac to culde-sac,<br />

with lot boundaries splayed where necessary is to be provided and shown<br />

as “Road” on the final survey plan lodged for sealing.<br />

21. The road reservation is to be widened to a minimum of 25 metres in accordance<br />

with Tasmanian <strong>Council</strong>s’ Subdivision Standard Drawing SD–1011 with lot<br />

boundaries splayed where required to accommodate a vehicular turning area and<br />

shown as “Road” on the final survey plan lodged for sealing.<br />

22. The internal subdivision road from the Belton Street junction to the end of lots 8<br />

and 34, is to be of compacted crushed rock pavement, designed in accordance<br />

with the Austroads Pavement Design Guidelines, with a pavement width of 8.0<br />

metres measured from lip of kerb to lip of kerb and a minimum total pavement<br />

thickness of 350 mm incorporating geotextile reinforcement between the subbase<br />

and sub-grade materials with appropriate geofabric filter plus a 40 mm<br />

asphalt seal, concrete kerb and channel and footpaths all in accordance with the<br />

Tasmanian <strong>Council</strong>s’ Subdivision Standard Drawing SD-1001, and is to be<br />

constructed to the reasonable requirements of the Executive Manager<br />

Engineering Services.<br />

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Planning Authority<br />

23. The internal subdivision road from cul-de-sac to cul-de-sac is to be of compacted<br />

crushed rock pavement, designed in accordance with the Austroads Pavement<br />

Design Guidelines, with a pavement width of 6.0 metres measured from lip of<br />

kerb to lip of kerb and a minimum total pavement thickness of 350 mm<br />

incorporating geotextile reinforcement between the sub-base and sub-grade<br />

materials with appropriate geofabric filter plus a 40 mm asphalt seal, concrete<br />

kerb and channel and footpaths all in accordance with the Tasmanian <strong>Council</strong>s’<br />

Subdivision Standard Drawing SD-1001, and is to be constructed to the<br />

reasonable requirements of the Executive Manager Engineering Services.<br />

24. Road intersections, both internally and within the council road network are to be<br />

assessed in regard to the various requirements of the Austroads Guide to Traffic<br />

Management set. All upgrade and works required to achieve compliance with the<br />

Austroads Guide to Traffic Management set are to be addressed as part of the<br />

road design process.<br />

25. Concrete footpaths of 1.5 metre width in accordance with Tasmanian <strong>Council</strong>s’<br />

Standard Drawing SD-1006 are to be constructed on both sides of the internal<br />

subdivision Road. The footpath is to be located immediately adjacent to lot<br />

boundaries.<br />

26. The developer is to contribute to <strong>Council</strong> funds for the constructions of a 1.5m<br />

wide footpath on the western side of Frederick St, from Belton to Inglis Street.<br />

The contribution amount is to be based on a pro-rata number of approved lots for<br />

the subdivision and the number of existing lots in Belton Street, Stanwyn Court<br />

and the portion of Frederick Street from Lowe Street to Inglis Street.<br />

27. Concrete Barrier Kerb and Channel Type B1 is to be constructed in accordance<br />

with <strong>Council</strong>’s standard drawing SD-1005 on both sides of internal roads.<br />

28. A court bowl of radius 8.5 m and otherwise in accordance with Tasmanian<br />

<strong>Council</strong>s’ Standard Drawing SD-1011 is to be provided at both termination of the<br />

internal road to facilitate the turning movements of vehicles including large<br />

service vehicles such as garbage trucks. Construction is to be of equivalent<br />

standard to the internal road.<br />

29. A temporary court bowl of radius 8.5 m and constructed of minimum 200mm<br />

crushed rock otherwise in accordance with Tasmanian <strong>Council</strong>s’ Standard Drawing<br />

SD-1011 is to be provided at the termination of internal roads following interim<br />

stages to facilitate the turning movements of vehicles including large service<br />

vehicles such as garbage trucks.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 113


Planning Authority<br />

30. All corner radii of the internal subdivision roads including the Belton Street<br />

junction are to be designed to cater for a 19.0 metre long prime mover and semi<br />

trailer movements in accordance with Austroads Design Vehicles and Turning Path<br />

Templates.<br />

31. The internal subdivision road at the Belton St junction is to have regard to the<br />

alteration of the existing property driveways and crossovers for 37 and 39 Belton<br />

Street, and be included as part of the junction design.<br />

32. A 30mm Asphalt overlay is to be provided for the full width of Belton Street for a<br />

length of 15.0m either side of subdivision access road centreline.<br />

33. Vehicle access during development is to be confined to designated area<br />

nominated and approved within the Construction and Environmental<br />

Management Plan.<br />

34. All disturbed surfaces on the land, except those set aside for roadways, footways<br />

and driveways, are to be covered with top soil and seeded with approved grass<br />

and, where appropriate, revegetated and stabilised to the satisfaction of the<br />

Executive Manager Engineering Services.<br />

35. All underground infrastructure road crossings are to be perpendicular to the road.<br />

All road crossings are to be located behind the kerb line in court bowls. All<br />

manholes are to be located behind the kerb line.<br />

36. Street lighting is to be provided in accordance with AS1158 and the requirements<br />

of Aurora Energy Pty Ltd and the Executive Manager Engineering Services. The<br />

street lighting is to be designed to minimise off site glare and reflected light. The<br />

use of non-standard lighting poles is not permitted in the development.<br />

37. Underground power is to be provided to each lot in the development in<br />

accordance of the requirements of Aurora Energy and IPWEA standard drawings<br />

and specifications.<br />

38. Telecommunication services are to be provided to each lot in development in<br />

accordance of the requirements of the Telecommunications provider and IPWEA<br />

standard drawings and specifications.<br />

39. Before site disturbance or construction commences, a plan of management is to<br />

be prepared and submitted for approval by the Executive Manager Engineering<br />

Services. The plan is to provide relevant project management information and<br />

outline proposed construction practices, including, but not limited to:<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 114


Planning Authority<br />

a) Contact details for principal, consultants and contractors including after<br />

hours numbers;<br />

b) Traffic management plan including road works signage;<br />

c) Proposed hours of work (including volume and timing of heavy vehicles<br />

entering and leaving the site, and works undertaken on site);<br />

d) Identification of potentially noisy construction phases, such as operation<br />

of rock-breakers, explosives or pile drivers, and proposed means to<br />

minimise impact on the amenity of neighbouring buildings;<br />

e) Site facilities to be provided; and<br />

f) Procedures for washing down vehicles to prevent soil and debris being<br />

carried onto the street.<br />

Note: A “Works within the Road Reservation” permit must be obtained from <strong>Council</strong> for<br />

all activity within the Road Reservation.<br />

Environmental Health Officer<br />

1. Control measures are to be installed for the duration of the construction phase so<br />

as to limit the loss of soils and other debris from the site.<br />

2. This development/use is not to result in the generation of environmental harm or<br />

nuisance as defined in the Environmental Management and Pollution Control Act<br />

1994.<br />

External Referrals<br />

Cradle Mountain Water<br />

A referral was sent to Cradle Mountain Water on the 22 October 2012. A response was<br />

received on the 6 November 2012 requiring conditions for this permit, (see attached).<br />

Advertising<br />

The application was advertised for a period of 14 days in accordance with the provisions<br />

of the Land Use Planning and Approvals Act, 1993. During the advertising period, <strong>Council</strong><br />

received two (2) representations. The representations and planning response to the<br />

issues raised is provided below:<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 115


Planning Authority<br />

Representor 1 – Albert Stolp ( 53 Belton Street, <strong>Wynyard</strong>)<br />

Issue 1<br />

That any damage to current boundary fencing caused by the subdivider in the course of construction will be<br />

repaired immediately, to at least the standard of construction before the damage occurred or better, in<br />

consultation with the neighbouring property owners.<br />

That a uniform standard of boundary fencing be adopted throughout the proposed development.<br />

Issue 2<br />

That all services pertaining to the proposed subdivision i.e. stormwater, sewerage and underground power, be<br />

installed at the level required for the completed subdivision throughout the staged development. No temporary<br />

service solutions to be allowed.<br />

Issue 3<br />

The subdivider is to ensure that no surface runoff occurs during the development to the determent of adjoining<br />

properties.<br />

Issue 4<br />

That the subdivider undertakes to make good any adverse drainage and or supply problems caused by the<br />

development, especially water pressure and sewerage capacity.<br />

Planning Response<br />

Issue 1<br />

Any damage to current boundary fencing or proposed new boundary fencing is governed by the Boundary Fences<br />

Act 1908. Enforcement of this Act is a civil matter.<br />

Any issues arising from damage to or erection of new boundary fencing is the responsibility of the relevant<br />

property owners. The Boundary Fences Act 1908 clearly sets out all parties responsibilities for erection of new<br />

fencing, repairs to existing, arbitration and other matters that include but not exclusive to how money is<br />

recoverable under the Act.<br />

This is not a matter that can be considered under the Planning Scheme.<br />

Issues 2, 3 & 4<br />

A full assessment of all services and infrastructure required to service the proposed 43 lots has been carried out by<br />

<strong>Council</strong>’s Technical Officer and Cradle Mountain Water.<br />

<strong>Council</strong> require services to be provided to the Municipal Standards for subdivision in an Urban area, (please see<br />

conditions 11, 12 & 13). The sewerage and water services requirements have been assessed by Cradle Mountain<br />

Water (please see attached Development Permit Conditions/Submission). The developer must install power to the<br />

standard of the energy providers requirements, independent of <strong>Council</strong>.<br />

The installation of all service requirements will be in accordance with the staging of the development. However,<br />

management control measures are to be in place before site disturbance or construction commences. An<br />

environmental management plan is to be prepared and submitted for approval by the Executive Manager<br />

Engineering Services, (see conditions 26 & 27). The environmental management plan is to address each stage of<br />

the subdivision.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 116


Planning Authority<br />

Representor 2 – Janet & Michael Belden (35 Belton Street, <strong>Wynyard</strong>)<br />

Issue 1<br />

Notice of application for planning permit received less than 24 hours before commencement of construction.<br />

Issue 2<br />

Existing stormwater infrastructure unable to cope with current water volume resulting in flooding, causing the<br />

street to become impassable and access to our property to be blocked. Previous workmen have been unable to<br />

establish where this drain is connected to the stormwater system.<br />

Issue 3<br />

Sewerage system unable to function primarily during wet weather when stormwater is at full capacity. This in turn<br />

causes faecal matter to overflow on private property. Our plumber has confirmed polypipe on our land and<br />

queries out dated clay piping needing replacement under the street. Cradle Mountain Water refuse to take<br />

responsibility for this or to even investigate the problem.<br />

Issue 4<br />

Entry to Belton Street subject to constant potholes and stress fractures with neither <strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> nor<br />

Fonterra interested in maintaining bitumen in this area. Additional traffic and heavy machinery will only add to<br />

this situation.<br />

Planning Response<br />

Issue 1<br />

Unfortunately, separate to the planning process, the developer did start substantial earthworks, prior to the<br />

determination of this application. <strong>Council</strong> staff were informed by two separate parties of the earthworks. <strong>Council</strong><br />

staff responded to these reports and attended the site. The outcome being the developer/owner was required to<br />

cease further works/excavation immediately. Further, sufficient mitigating measures were put into place to<br />

protect properties against sediment runoff in the event medium to heavy rainfall occurred. The owner/developer<br />

ceased work then put into place that evening, bales of hay to protect against sediment runoff. This protected<br />

possible affected properties and <strong>Council</strong>’s stormwater drains.<br />

Issue 2<br />

<strong>Council</strong> recognises that there have been issues of stormwater in this area, however, stormwater issues have been<br />

addressed through proposed conditions (see condition 16, 20, 21, 22 & 24).<br />

Issue 3<br />

Sewerage assets are no longer within local government. Cradle Mountain Water have carried out a full<br />

assessment of the proposed subdivision and taken into account the proposal as detailed in the application and<br />

supporting documentation, including the information held by the Regulated Entity and have issued Development<br />

Permit Conditions contained in Part B Conditions.<br />

Issue 4<br />

<strong>Council</strong> is responsible for road maintenance as the Road Authority, responsible for all <strong>Council</strong> road maintenance.<br />

Inspections are carried out periodically for conditions of all <strong>Council</strong> roads. Improvement works are scheduled for<br />

Belton Street during <strong>Council</strong>’s 2012-13 Budget.<br />

6.0 RESIDENTIAL ZONE<br />

6.1 Values of the zone<br />

6.1.1 This zone incorporates predominantly residential and associated use or<br />

development of the following areas:<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 117


Planning Authority<br />

<strong>Wynyard</strong> and Somerset, the hinterland settlements of Yolla and <strong>Waratah</strong><br />

and the coastal holiday settlements of Boat Harbour Beach and Sisters<br />

Beach. The zone also includes land suitable for residential and associated<br />

use or development.<br />

6.1.2 The values associated with those areas zoned residential are specified in<br />

Part 2 of the planning scheme.<br />

6.2 Intent of the zone<br />

(a)<br />

(b)<br />

To protect and enhance residential amenity; and<br />

To allow for compatible uses that do not adversely impact upon<br />

residential amenity.<br />

The development of a residential subdivision is consistent with the values of the<br />

Residential zone. Indeed, infill development is to be encouraged within the Municipality.<br />

Part 2.3.1 (a) of the Planning Scheme Strategies, states ‘new urban development should<br />

be confined to the towns of <strong>Wynyard</strong> and Somerset, the hinterland townships of Yolla<br />

and <strong>Waratah</strong> and coastal settlements of Boat Harbour Beach and Sisters Beach’.<br />

The application is assessed as follows against the Scheme criteria specific to the<br />

application:<br />

6.4 Standards for use or development in the Residential Zone<br />

6.4.1 Standards for use or development in the Residential Zone<br />

6.4.1 Issue 1.0:- Effluent and stormwater disposal<br />

Objective: To ensure that effluent and stormwater discharge from new development does not have an adverse<br />

effect on water quality.<br />

Acceptable Solution<br />

Performance Criteria<br />

Serviced Areas<br />

Serviced Areas<br />

1.1 Effluent is to be disposed of by a connection to 1.1 No performance criteria<br />

reticulated sewerage, sewage treatment and<br />

stormwater systems.<br />

1.3 The cost of the chosen system or connection to 1.3 No performance criteria<br />

existing infrastructure is to be at the developers<br />

expense.<br />

1.4 If not connected to an existing stormwater system,<br />

there is to be no direct discharge of runoff into<br />

any waterway, wetland, or onto adjoining<br />

property.<br />

1.4 Where storm water runoff is to be discharged into<br />

a waterway or wetland, appropriate methods of<br />

detention and / or treatment of all runoff are to<br />

be implemented so that discharge into receiving<br />

waters is in accordance with:<br />

(a) standards set by the National Health and<br />

Medical Research <strong>Council</strong> for primary<br />

contact, or<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 118


Planning Authority<br />

(b) for other water values – as determined by<br />

the Board of Environmental Management<br />

and Pollution Control in accordance with<br />

the State Policy for Water Quality<br />

Management 1997.<br />

Planning Comments:<br />

The development application demonstrates that the site can be serviced with an extension to existing reticulated<br />

sewerage and stormwater systems. Appropriate permit conditions will require installation of such extensions<br />

along with a connection for each lot. The Developer must meet all costs associated with such works. The<br />

proposal meets the acceptable solutions 1.1 and 1.3.<br />

The stormwater system is subject to detailed engineering design as well as incorporation of Water Sensitive<br />

Urban Design principles and appropriate soil and stormwater management during and after construction of the<br />

subdivision works. It is therefore considered that the application is consistent with Performance Criteria 1.4.<br />

6.4.1 Issue 3.0:- Subdivision<br />

Objective: To ensure that land is subdivided in a manner:<br />

(a) which is appropriate to the intended use or development;<br />

(b) that provides appropriate infrastructure;<br />

(c) that meets relevant Scheme standards;<br />

(d) that provides a range and mix of lot sizes to suit a variety of dwelling and household types, with areas and<br />

dimensions that meet user requirements;<br />

(e) that protects residential amenity; and<br />

(f) that allows application of energy conservation principles.<br />

Acceptable Solution<br />

Performance Criteria<br />

3.1 Lot layout shall comply with the acceptable<br />

solutions as set out in clauses 1.1, 1.2, 1.3 and<br />

1.4 of Table 11.1 (Part 11) – Residential<br />

Development Schedule.<br />

Planning Comments:<br />

3.1 Lot layout shall comply with the performance<br />

criteria as set out in clauses 1.1, 1.2, 1.3 and 1.4<br />

of Table 11.1 (Part 11) – Residential<br />

Development Schedule.<br />

The proposed lot layout accords with the Acceptable Solutions of the Residential Development Schedule.<br />

3.2 Land to be subdivided must be capable of having<br />

all sewage effluent and stormwater runoff<br />

discharged to a reticulated disposal system.<br />

3.2 It is demonstrated that sewage effluent and<br />

stormwater can be disposed of within the<br />

boundaries of the site and not result in adverse<br />

impacts on the environment.<br />

Planning Comments:<br />

The application meets the Acceptable Solution.<br />

3.4 Lot layout, road layout and construction shall 3.4 No performance criteria.<br />

provide, supplement or enhance appropriate<br />

facilities and safe and convenient connections for<br />

public transport (where appropriate), and for<br />

pedestrians and cyclists (such as bus stops,<br />

footpaths, cycle ways, lighting, seating, shelters).<br />

Planning Comments:<br />

A new internal road network will be required (at the developer’s cost) to facilitate access to the subdivision. The<br />

recommended permit conditions will require construction of a new 1.5 metre wide footpath on both sides of the<br />

internal subdivision road allowing for pedestrian access, (see condition 34). The application is considered to<br />

generally accord with the Acceptable Solution.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 119


Planning Authority<br />

Lot Size<br />

3.5 Lots shall have minimum area of 450m 2 and must<br />

be capable of containing a rectangle measuring<br />

10m by 15m and having a slope of 1:10 or less.<br />

Lot area excludes strips of land used for frontage<br />

to internal lots.<br />

3.5 Lots must have area and dimensions suitable for<br />

the siting and construction of a dwelling and<br />

ancillary outbuildings, the provision of private<br />

outdoor space, convenient vehicle access and<br />

parking. Lot layout is to take into account the<br />

slope of the land and the desirability of<br />

minimizing earthworks/retaining walls and cut<br />

and fill associated with dwelling construction. A<br />

building envelope must be incorporated into the<br />

proposal plan.<br />

Planning Comments:<br />

The proposed lots range between 451m 2 to 3635m 2 in area. All lots excepting lots 31, 32 and 41 have a slope of<br />

1:10 or less and are capable of containing a rectangle measuring 10m by 15m. Lots 31 (1:4), 32 (1:7.2) and 41<br />

(1:3.6 at one point) rely on demonstration of achievement of the performance criteria. The applicant provides<br />

that filling of the current dam, construction of retaining walls 2m high on lots 31-32 will enable the reduction in<br />

slope. This would result in an approximate final gradient of 1:9 slope for lot 31, 1:10 slope for lot 32 and 1:6 for<br />

lot 41.<br />

The application is therefore assessed as compliant with the performance criteria in relation to the lots 31, 32 and<br />

41 within the steeper portion of the subject site.<br />

3.6 Lots shall have a minimum frontage of:<br />

3.6 No performance criteria.<br />

(a) 3.6 metres if less than 1200m 2 ;<br />

(b) 6 metres if between 1200m 2 and 3000m 2 ; or<br />

(c) a width necessary to accommodate a street<br />

reservation required for any resubdivision of<br />

the lot if more than 3000m 2 .<br />

Planning Comments:<br />

The proposal meets the Acceptable Solution.<br />

Orientation and Energy<br />

Orientation and Energy<br />

3.6 A minimum of 70% of all lots are to be orientated<br />

to facilitate the siting of houses to take<br />

advantage of solar access by ensuring that<br />

houses can be built on the lot(s) in which the<br />

living room will receive not less than 4 hours of<br />

sunshine between 9am and 3pm on June 21.<br />

3.7 Any new lot in an established residential area is to<br />

have no more than one third of its area covered<br />

by the shadow of existing development on June<br />

21 between the hours of 10:00 am to 2:00 pm.<br />

Planning Comments:<br />

The proposal meets the Acceptable Solutions.<br />

Orientation and Energy<br />

3.6 Lots are to be orientated to facilitate the siting of<br />

dwellings to take advantage of microclimatic<br />

benefits, and have dimensions to allow adequate<br />

on site solar access, taking into account likely<br />

dwelling size and the relationship of each lot to<br />

the street.<br />

3.7 The dimensions of any lot are to allow solar access<br />

on site to be maximized, taking into account the<br />

likely house size and the relationship of each lot<br />

to existing buildings or adjoining land.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 120


Planning Authority<br />

6.4.1 Issue 5.0:- Infrastructure Provision<br />

Objective: To ensure that the cost of providing infrastructure to uses or new developments is not unreasonably<br />

borne by the community.<br />

Acceptable Solution<br />

Performance Criteria<br />

5.1 Where a use or development involves more that<br />

low-level use in the demand for infrastructure<br />

service capacity, the entire cost of the added<br />

burden on the service capacity of public<br />

infrastructure, that will be imposed by that use<br />

or development is to be paid for by the person<br />

undertaking the use or development.<br />

5.1 Where a use or development involves more than<br />

low-level use in the demand for infrastructure<br />

services capacity, the person undertaking the use<br />

or development must demonstrate to the<br />

planning authority that meeting the entire cost is<br />

unreasonable and that a contribution towards<br />

the cost of that infrastructure, commensurate<br />

with the service capacity that will be utilised, is<br />

appropriate.<br />

Planning Comments:<br />

A condition of any permit will ensure that the developer meets all costs created by the extension of the<br />

infrastructure as a result of the subdivision, including the creation of a new subdivision road, (see condition 2).<br />

The application meets the Acceptable Solution.<br />

12.0 SITING <strong>OF</strong> DEVELOPMENTS SCHEDULE<br />

12.1 Intent of Schedule<br />

The intent of this schedule is to:<br />

(a)<br />

(b)<br />

protect aspects of visual and environmental significance of the planning<br />

area; and<br />

prevent use or development occurring in locations where there is risk of<br />

future property damage or lives are placed at risk.<br />

Table 12.1 Issue 1.0:- Environmental and Visual Impact<br />

Objective: To protect the environmental and visual qualities of rural and coastal landscapes in the Primary<br />

Industries, Environmental Management and Residential Zones through ensuring that buildings, structures and<br />

other works are located and constructed so as to minimize their impacts.<br />

Acceptable Solution<br />

Performance Criteria<br />

Slopes<br />

Slopes<br />

1.1 Building, private roads and associated works are to<br />

be on slopes of less than 1:5.<br />

1.1 Building, private roads and associated works may<br />

occur on slopes of 1:5 or greater provided it can<br />

be demonstrated that:<br />

(a) stormwater is managed to ensure maximum<br />

on site absorption and retention. Water<br />

movement downslope from the building or<br />

structure shall not be greater than existing<br />

before development. Roads shall follow<br />

contours and manage runoff to prevent<br />

erosion;<br />

(b) buildings shall utilise techniques which<br />

minimise the need for excavation or fill for<br />

foundations and associated hardstand<br />

areas;<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 121


Planning Authority<br />

(c) the footprint of buildings or structures shall<br />

be minimized and the building mass<br />

stepped down the slope; and<br />

(d) septic absorption efficiency is not reduced.<br />

Planning Comments:<br />

The subject site includes land in the eastern portion with a well-defined gully (1:4) slope. The south-eastern<br />

portion of the land has a gentle slope of approximately 1:60. The assessment against Clause 6.4.1, Acceptable<br />

Solution 3.5 deals with the future siting of dwellings in this area. The proposed roads within the subdivision<br />

generally follow the contours. Stormwater generated by the subdivision will be collected and directed to the<br />

stormwater infrastructure. All lots can be connected to full reticulated services and appropriately drained.<br />

The application is considered to meet the performance criteria.<br />

Soils<br />

Soils<br />

1.2 Buildings are to be located on loams or clay/loams 1.2 Sandy or clay soils or rocky surfaces may be used<br />

of sufficient depth to accommodate building for buildings provided it can be demonstrated<br />

footings and septic absorption.<br />

that wind or water erosion will not be caused or<br />

septic absorption efficiency reduced.<br />

Planning Comments:<br />

The application meets the Acceptable Solution.<br />

Hydrology<br />

Hydrology<br />

1.3 All buildings and works are to be located a<br />

minimum of 30 metres away from the outer<br />

boundaries of drainage swales, recharge basins,<br />

1.3 Any buildings or works located on or near drainage<br />

swales, recharge basins, high water tables, water<br />

courses or flood plains shall be designed and<br />

areas with high water tables, water courses and constructed in a manner that will not<br />

flood plains.<br />

detrimentally affect the natural flow regimes or<br />

water qualities of any of these features.<br />

Planning Comments:<br />

The existing man-made dam on proposed lots 31, 32 and 41 is to be drained and filled in accordance with geotechnical<br />

advice. This is reflected through proposed permit conditions 3 & 4.<br />

The application is considered to meet the Performance Criteria.<br />

14.0 ROAD ASSET SCHEDULE<br />

14.1 Intent of Schedule<br />

The intent of this schedule is to:-<br />

(a)<br />

(b)<br />

(c)<br />

ensure that use or development of any land outside a road does not<br />

adversely affect the efficiency and safety of that part of the Tasmanian<br />

road system as lies within <strong>Council</strong>’s municipal area;<br />

ensure that use or development on roads does not unreasonably impede<br />

improvements to the efficiency and safety of the road system; and<br />

assist the planning, construction, maintenance and management of roads,<br />

in a manner that achieves the objectives set out in Schedule 1 of the Act.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 122


Planning Authority<br />

Table 14.2.1 Issue 1.0:- Access Sight Distance<br />

Objective: To ensure that adequate sight distance is provided in relation to the speed of through traffic.<br />

Acceptable Solution<br />

1.1 (ii) along Local Roads, in an area where the speed<br />

limit is no greater than the General Urban<br />

Speed Limit, any access or new junction<br />

complies with the requirements of the<br />

Austroads Standards with respect to<br />

Approach Sight Distance.<br />

Planning Comments:<br />

The application meets the Acceptable Solution.<br />

Performance Criteria<br />

1.1 No performance criteria.<br />

Table 14.2.1 Issue 3.0:- Deficient Junctions<br />

Objective: To ensure that there is no further decline in the safety of a deficient road junction.<br />

Acceptable Solution<br />

Performance Criteria<br />

3.1 Where a TIA demonstrates that a use or 3.1 A TIA demonstrates that the above Objective will<br />

development serviced by a side road from a be achieved, provided that where it is required<br />

deficient junction will not create a material that any roadworks be undertaken by, or at the<br />

change in the Annual Average Daily Traffic cost of, the applicant, these roadworks will be<br />

(AADT) on the side of the road at the deficient completed prior to any other part of the permit<br />

junction.<br />

becoming active.<br />

Planning Comments:<br />

The application meets the Acceptable Solution.<br />

16.0 WETLANDS AND WATERWAYS SCHEDULE<br />

16.1 Intent of Schedule<br />

The intent of this schedule is to provide protection for the following features of<br />

wetlands and waterways:<br />

(a)<br />

(b)<br />

(c)<br />

(d)<br />

sensitive ecosystems which occur in a variety of forms and in a range of<br />

locations;<br />

flow regimes, water levels, biological activity and physical characteristics;<br />

the rich variety of flora and fauna; and<br />

their role for water supply, flood mitigation, environmental protection,<br />

water regulation and nutrient filtering, as resources for recreational<br />

activities and as attractive features in the landscape.<br />

The purpose is to achieve sustainable management of surface and groundwater<br />

resources through a focus on the achievement of Water Quality Objectives in<br />

accordance with the State Policy on Water Quality Management 1977. This will<br />

maintain or enhance water quality, and ensure that diffuse and point source<br />

pollution does not prejudice the achievement of long term Water Quality<br />

Objectives.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 123


Planning Authority<br />

Table 16.1 Issue 1.0:- Works on or near Wetlands or Waterways<br />

Objective: Works on or near wetlands and waterways are not to affect the hydrological and biological roles of<br />

wetlands and waterways.<br />

Acceptable Solution<br />

Performance Criteria<br />

1.1 No channel training works, filling, draining,<br />

building or other structures are to be constructed<br />

in or within 30 metres of the boundary of any<br />

wetland or streambank of a waterway.<br />

1.1 Where works are proposed in or within 30 metres<br />

of the boundary of a wetland or streambank of a<br />

waterway, it must be demonstrated that:<br />

(a) the design and operation of any works or<br />

structures are in accordance with Best<br />

Practice Environmental Management as<br />

defined in the Environmental Management<br />

and Pollution Control Act 1994 and State<br />

Policy for Water Quality Management<br />

1997; and<br />

(b) the natural flow regimes, water quality and<br />

biological diversity of any wetland or<br />

waterway will not be adversely affected.<br />

Planning Comments:<br />

Refer to comments in relation to Table 12.1, Issue 1.3. The application is considered to meet the Performance<br />

Criteria.<br />

Table 16.1 Issue 3.0:- Water Quality<br />

Objective: To maintain the physical and chemical water quality of wetlands and waterways at a level that will not<br />

affect their role as aquatic habitats, recreational assets, or sources of supply for domestic, industrial and<br />

agricultural uses.<br />

Acceptable Solution<br />

Performance Criteria<br />

3.1 No new point source of discharge into a wetland<br />

or waterway.<br />

3.1 Appropriate methods of treatment or<br />

management are to be implemented to ensure<br />

that new point sources of discharge:<br />

(a) do not give rise to pollution within the terms<br />

of the Environmental Management and<br />

Pollution Control Act 1994;<br />

(b) are reduced to the maximum extent that is<br />

reasonable and practical having regard to<br />

best practice environmental management<br />

accepted modern technology and the<br />

waste management hierarchy of the Policy;<br />

and<br />

(c) meet emission limit guidelines:<br />

(i) published by the Board in accordance with<br />

the Policy; or<br />

(ii) where emission limit guidelines have not<br />

been published or are inappropriate, as set<br />

by the Board in accordance with the Policy.<br />

Planning Comments:<br />

Refer to comments in relation to Table 6.4.1, Issue 1.4. The application is considered to meet the Performance<br />

Criteria.<br />

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Planning Authority<br />

Part Schedule Assessment<br />

Part 13.0 Heritage Schedule Not Applicable to this application.<br />

Part 15.0<br />

Standard Attenuation Distances Application meets the Standards for this part.<br />

Schedule<br />

Part 17.0 Car Parking and Access Schedule Application meets the Standards for this part.<br />

Part 18.0 Bushfire Prone Areas Schedule Application meets the Standards for this part.<br />

Part 19.0 Signs Schedule Not Applicable to this application.<br />

Part 20.0<br />

Potentially Contaminated Land Not Applicable to this application.<br />

Schedule<br />

Part 21.0 Local Area Plans Schedule Not Applicable to this application.<br />

Part 22.0 Telecommunications Schedule Not Applicable to this application.<br />

STATUTORY IMPLICATIONS<br />

Statutory Requirements<br />

The application is subject to the following statutory instruments:<br />

Land Use Planning & Approvals Act 1993; and<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> Planning Scheme 2000.<br />

STRATEGIC IMPLICATIONS<br />

There are no significant strategic implications identified.<br />

POLICY IMPLICATIONS<br />

There are no significant policy implications identified.<br />

FINANCIAL IMPLICATIONS<br />

Financial costs may arise in relation to any appeal against the determination of the<br />

application by the Planning Authority.<br />

RISK IMPLICATIONS<br />

There is a risk that the applicant or representor may appeal the determination of the<br />

Planning Authority to the Resource Management and Planning Appeal Tribunal.<br />

CONSULTATION PROCESS<br />

N/A.<br />

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Planning Authority<br />

COMMENT<br />

The application involves a staged residential subdivision of land located on the southwestern<br />

side of Belton Street, <strong>Wynyard</strong> towards the western end of the <strong>Wynyard</strong><br />

township. The site is adjacent to existing residential development to the north and is<br />

currently zoned Residential under the <strong>Waratah</strong>-<strong>Wynyard</strong> Planning Scheme 2000. The<br />

title has an area of 2.891 hectares and it is proposed to subdivide the land into 43<br />

residential allotments. The proposed lots range between 451m 2 to 3635 2 in size. Access<br />

to the lots is proposed to be via Belton Street, <strong>Wynyard</strong>.<br />

The proposal before <strong>Council</strong> is a discretionary application and is assessed against the<br />

provisions of the Planning Scheme, in particular Part 6.0 with respect to subdivision in<br />

the Residential Zone. The applicant has demonstrated full compliance with the relevant<br />

Acceptable Solutions and Performance Criteria.<br />

It is therefore recommended that the Planning Authority grant approval for a Subdivision<br />

– 43 Lots - Reliance on Performance Criteria under the Residential Zone Provisions at<br />

Belton Street, <strong>Wynyard</strong> (CT 161377/3) , subject to conditions.<br />

MOVED BY<br />

SECONDED BY<br />

CR BRAMICH<br />

CR DUNIAM<br />

That the Planning Authority grant approval for a Subdivision – 43 Lots - Reliance on<br />

Performance Criteria under the Residential Zone Provisions at Belton Street, <strong>Wynyard</strong><br />

(CT 161377/3), subject to the following conditions:-<br />

PART A CONDITIONS:<br />

1. The development/use, as shown on the endorsed plan(s) and described in the<br />

application, is not to be altered or modified for any reason without the consent<br />

of the Planning Authority.<br />

2. All costs associated with the proposed development including those related to<br />

infrastructure extensions or upgrades to <strong>Council</strong> assets are to be met by the<br />

Developer.<br />

3. The dam on lots 31, 32 and 41 is to be filled in and compacted in accordance<br />

with AS 3798, so as to ensure an ‘M’ site classification under AS 2870.<br />

The open channel is to be re-established with native vegetation planted where<br />

earthworks disturb existing vegetation, to the satisfaction of the Executive<br />

Manager Engineering Services.<br />

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Planning Authority<br />

4. Following the completion of the works described in Condition 3, the developer<br />

is to provide to <strong>Council</strong> evidence that a Chartered Geotechnical Consultant has<br />

certified by declaration that all works have been carried out fully in accordance<br />

with AS 2870 and AS 3798.<br />

5. A Final Survey Plan submitted for sealing by the <strong>Council</strong> is to show all easements<br />

required for powerlines, sewerage, water, drainage purposes and legal access.<br />

6. A Final Survey Plan is to be submitted to <strong>Council</strong> for sealing. The plan is to be<br />

drawn to scale and prepared in accordance with the requirements of the<br />

Recorder of Titles and will form part of this permit when sealed. The Final<br />

Survey Plan is to be substantially the same as the endorsed plan.<br />

7. Before a Final Survey Plan may be sealed, the developer is to provide a<br />

contribution in lieu of providing public open space in the development. The<br />

contribution is to be equivalent to five percent (5%) of the value of the<br />

undeveloped new lots comprised in the plan less the value of any public open<br />

space that is provided,<br />

This condition is authorised by Section 117 of the Local Government (Building &<br />

Miscellaneous Provisions) Act 1993. The contribution may be paid on a pro rata<br />

basis where the subdivision is to be staged.<br />

8. The applicant is to seek a private land valuation of as identified on the endorsed<br />

plan. A copy of the valuation is to be submitted to <strong>Council</strong> before or at the time<br />

of payment of the public open space contribution (see Condition 7).<br />

9. A Final Survey Plan submitted for sealing by the <strong>Council</strong> is to show all easements<br />

required for powerlines, sewerage, water, drainage purposes and legal access.<br />

10. Any Lot shown as “Road” on the Final Survey Plan is to be transferred to<br />

<strong>Council</strong>, with the associated costs being met by the Developer, at the<br />

completion of the maintenance period described in Condition 17.<br />

11. Construction of civil engineering work associated with the Development is to<br />

comply with the requirements of <strong>Council</strong>’s Policy PR003 – Standard<br />

requirements for the construction of new infrastructure.<br />

12. Relevant engineering plans, specifications, calculations and computations are to<br />

be prepared by or be certified by a Chartered Professional Engineer and<br />

submitted to the Executive Manager Engineering Services for approval. No<br />

work is to commence until a Construction Certificate has been issued by the<br />

Executive Manager Engineering Services. Hold points for <strong>Council</strong> approvals will<br />

be required prior to:<br />

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Planning Authority<br />

a) Pouring of concrete kerb and channelling, footpaths and driveways;<br />

b) Surface sealing of all internal roads including documented pavement<br />

testing; and<br />

c) On completion of all civil works.<br />

13. On completion of work covered by a Construction Certificate a Chartered<br />

Professional Engineer is to certify by declaration that all work has been carried<br />

out fully in accordance with the approved plans, specifications, calculations and<br />

computations. “Works as Constructed” drawings that comply with the<br />

requirements of <strong>Council</strong>’s “Submission of digital-as-constructed information”<br />

template are to be supplied (Note: Template can be obtained from <strong>Council</strong>’s<br />

website).<br />

14. No damage is to be caused to the road, footpath or other public facility during<br />

construction. Any damage caused is to be rectified to the satisfaction of the<br />

Executive Manager Engineering Services.<br />

15. Material or plant may be placed/located on a road, footpath, nature strip or<br />

other <strong>Council</strong>-owned or controlled land only in accordance with the conditions<br />

in a “Works in Road Reservation Permit”, (refer to note).<br />

16. Connection of stormwater drains to <strong>Council</strong>’s drainage network is to occur only<br />

in accordance with the requirements and approval of the Executive Manager<br />

Engineering Services.<br />

17. A twelve (12) month maintenance period is to apply to all works within the<br />

development which will become <strong>Council</strong> infrastructure. A maintenance bond of<br />

5% of the cost of the civil works as approved by the Executive Manager<br />

Engineering Services is to be lodged with <strong>Council</strong> prior to:<br />

a) the issue of the Maintenance Period Commencement document; or<br />

b) prior to the sealing of the Final Survey Plan.<br />

18. New kerb crossovers are to be constructed for each allotment in accordance<br />

with Tasmanian <strong>Council</strong>s’ subdivision Standard Drawing SD1003 Urban Roads –<br />

Standard Vehicle Crossing and the conditions in a “Works in Road Reservation<br />

Permit”.<br />

19. New reinforced concrete driveways are to be constructed for each allotment<br />

between the kerb crossover and the property boundary in accordance with<br />

Tasmanian <strong>Council</strong>s’ Subdivision Standard Drawing SD1003 - Urban Roads –<br />

Standard Vehicle Crossing and the conditions in a “Works in Road Reservation<br />

Permit”.<br />

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Planning Authority<br />

20. For each lot a stormwater connection point including an accessible inspection<br />

opening at ground level is to be constructed at the lowest point of each<br />

allotment to permit connection to the stormwater reticulation network in<br />

accordance with Standard Drawing SD-2070 Stormwater – Lot Connections. The<br />

stormwater connection point is to be inspected and approved prior to<br />

backfilling to the satisfaction of the Executive Manager Engineering Services.<br />

21. A reticulated stormwater drainage system is to be provided with individual lot<br />

connections, road drainage and method of discharge in accordance with the<br />

requirements of the Executive Manager Engineering Services. The design return<br />

interval for the reticulation network is 1 in 10 year ARI for property only, 1 in 20<br />

year ARI for road drainage and provision is to be made to contain a 1 in 100 year<br />

ARI major overland flow- path. In this regard the impact upon the existing<br />

stormwater network is to be analysed by the developer and upgrades designed<br />

and constructed by the developer were the existing network capacity is<br />

exceeded:<br />

a) 1 in 10 year ARI for property only,<br />

b) 1 in 20 year ARI for road drainage and<br />

c) provision is to be made to contain a 1 in 100 year ARI major overland<br />

flow- path<br />

22. A suitably sized gross pollutant trap is to be installed at the 750Ø road culvert<br />

located at the North West corner of lot 42.<br />

23. Any upgrade or alteration of existing <strong>Council</strong> infrastructure is to be at the<br />

developers cost.<br />

24. All stormwater run-off from access surfaces is to be drained into sedimenttrapping<br />

device(s) approved by the Executive Manager Engineering Services<br />

before discharge from the site.<br />

25. Subsoil drains are to be installed at the back of kerb, both sides of all internal<br />

subdivisional roads, in accordance with IPWEA Tasmanian <strong>Council</strong>s’ Subdivision<br />

Standards SD-2004.<br />

26. Before site disturbance or construction commences, an environmental<br />

management plan is to be prepared and submitted for approval by the<br />

Executive Manager Engineering Services, prior to disturbance or construction,<br />

outlining proposed practices in relation to:<br />

a) Temporary runoff and erosion controls are to be installed for each stage<br />

before the development commences. Controls are to include, but are<br />

not limited to:<br />

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Planning Authority<br />

i<br />

ii<br />

iii<br />

iv<br />

Minimise site disturbance and vegetation removal;<br />

Diversion of up-slope run-off around cleared and/or disturbed<br />

areas, areas to be cleared and/or disturbed or filling provided that<br />

such diverted water will not cause erosion and is directed to a<br />

legal discharge point;<br />

Installation of sediment retention traps (e.g. sediment fences etc.)<br />

at the down slope perimeter of the disturbed area or stockpile to<br />

prevent unwanted sediment and other debris escaping from the<br />

land; and<br />

Rehabilitation of all disturbed areas as soon as possible.<br />

a) Weed management;<br />

b) Storage facilities for fuels, oils, greases, chemicals and the<br />

like; and<br />

c) Litter management.<br />

27. Erosion control measures are to be maintained at full operational capacity until<br />

the land is effectively rehabilitated and stabilised after completion of the<br />

development. All surfaces disturbed by the development are to be stabilised<br />

and revegetated to the requirement of the Executive Manager Engineering<br />

Services.<br />

28. A 15.24 metre wide road reservation for the internal roadway from the Belton<br />

Street junction to the end of lots 8 and 34, with lot boundaries splayed where<br />

necessary is to be provided and shown as “Road” on the Final Survey Plan<br />

lodged for sealing.<br />

29. A 15-metre wide road reservation for the internal roadway from cul-de-sac to<br />

cul-de-sac, with lot boundaries splayed where necessary is to be provided and<br />

shown as “Road” on the final survey plan lodged for sealing.<br />

30. The road reservation is to be widened to a minimum of 25 metres in accordance<br />

with Tasmanian <strong>Council</strong>s’ Subdivision Standard Drawing SD–1011 with lot<br />

boundaries splayed where required to accommodate a vehicular turning area<br />

and shown as “Road” on the final survey plan lodged for sealing.<br />

31. The internal subdivision road from the Belton Street junction to the end of lots<br />

8 and 34, is to be of compacted crushed rock pavement, designed in accordance<br />

with the Austroads Pavement Design Guidelines, with a pavement width of 8.0<br />

metres measured from lip of kerb to lip of kerb and a minimum total pavement<br />

thickness of 350 mm incorporating geotextile reinforcement between the subbase<br />

and sub-grade materials with appropriate geofabric filter plus a 40 mm<br />

asphalt seal, concrete kerb and channel and footpaths all in accordance with the<br />

Tasmanian <strong>Council</strong>s’ Subdivision Standard Drawing SD-1001, and is to be<br />

constructed to the reasonable requirements of the Executive Manager<br />

Engineering Services.<br />

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Planning Authority<br />

32. The internal subdivision road from cul-de-sac to cul-de-sac is to be of<br />

compacted crushed rock pavement, designed in accordance with the Austroads<br />

Pavement Design Guidelines, with a pavement width of 6.0 metres measured<br />

from lip of kerb to lip of kerb and a minimum total pavement thickness of 350<br />

mm incorporating geotextile reinforcement between the sub-base and subgrade<br />

materials with appropriate geofabric filter plus a 40 mm asphalt seal,<br />

concrete kerb and channel and footpaths all in accordance with the Tasmanian<br />

<strong>Council</strong>s’ Subdivision Standard Drawing SD-1001, and is to be constructed to<br />

the reasonable requirements of the Executive Manager Engineering Services.<br />

33. Road intersections, both internally and within the council road network are to<br />

be assessed in regard to the various requirements of the Austroads Guide to<br />

Traffic Management set. All upgrade and works required to achieve compliance<br />

with the Austroads Guide to Traffic Management set are to be addressed as<br />

part of the road design process.<br />

34. Concrete footpaths of 1.5 metre width in accordance with Tasmanian <strong>Council</strong>s’<br />

Standard Drawing SD-1006 are to be constructed on both sides of the internal<br />

subdivision Road. The footpath is to be located immediately adjacent to lot<br />

boundaries.<br />

35. The developer is to contribute to <strong>Council</strong> funds for the constructions of a 1.5m<br />

wide footpath on the western side of Frederick St, from Belton to Inglis Street.<br />

The contribution amount is to be based on a pro-rata number of approved lots<br />

for the subdivision and the number of existing lots in Belton Street, Stanwyn<br />

Court and the portion of Frederick Street from Lowe Street to Inglis Street.<br />

36. Concrete Barrier Kerb and Channel Type B1 is to be constructed in accordance<br />

with <strong>Council</strong>’s standard drawing SD-1005 on both sides of internal roads.<br />

37. A court bowl of radius 8.5 m and otherwise in accordance with Tasmanian<br />

<strong>Council</strong>s’ Standard Drawing SD-1011 is to be provided at both termination of<br />

the internal road to facilitate the turning movements of vehicles including large<br />

service vehicles such as garbage trucks. Construction is to be of equivalent<br />

standard to the internal road.<br />

38. A temporary court bowl of radius 8.5 m and constructed of minimum 200mm<br />

crushed rock otherwise in accordance with Tasmanian <strong>Council</strong>s’ Standard<br />

Drawing SD-1011 is to be provided at the termination of internal roads<br />

following interim stages to facilitate the turning movements of vehicles<br />

including large service vehicles such as garbage trucks.<br />

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Planning Authority<br />

39. All corner radii of the internal subdivision roads including the Belton Street<br />

junction are to be designed to cater for a 19.0 metre long prime mover and semi<br />

trailer movements in accordance with Austroads Design Vehicles and Turning<br />

Path Templates.<br />

40. The internal subdivision road at the Belton Street junction is to have regard to<br />

the alteration of the existing property driveways and crossovers for 37 and 39<br />

Belton Street, and be included as part of the junction design.<br />

41. Provide a 30mm Asphalt overlay is to be provided for the full width of Belton<br />

Street for a length of 15.0m either side of subdivision access road centreline.<br />

42. Vehicle access during development is to be confined to the designated area<br />

nominated and approved within the Construction and Environmental<br />

Management Plan.<br />

43. All disturbed surfaces on the land, except those set aside for roadways,<br />

footways and driveways, are to be covered with top soil and seeded with<br />

approved grass and, where appropriate, revegetated and stabilised to the<br />

satisfaction of the Executive Manager Engineering Services.<br />

44. All underground infrastructure road crossings are to be perpendicular to the<br />

road. All road crossings are to be located behind the kerb line in court bowls.<br />

All manholes are to be located behind the kerb line.<br />

45. Street lighting is to be provided in accordance with AS1158 and the<br />

requirements of Aurora Energy Pty Ltd and the Executive Manager Engineering<br />

Services. The street lighting is to be designed to minimise off site glare and<br />

reflected light. The use of non-standard lighting poles is not permitted in the<br />

development.<br />

46. Underground power is to be provided to each lot in the development in<br />

accordance of the requirements of Aurora Energy and IPWEA standard drawings<br />

and specifications.<br />

47. Telecommunication services are to be provided to each lot in development in<br />

accordance of the requirements of the Telecommunications provider and<br />

IPWEA standard drawings and specifications.<br />

48. Before site disturbance or construction commences, a plan of management is to<br />

be prepared and submitted for approval by the Executive Manager Engineering<br />

Services. The plan is to provide relevant project management information and<br />

outline proposed construction practices, including, but not limited to:<br />

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Planning Authority<br />

a) Contact details for principal, consultants and contractors including after<br />

hours numbers;<br />

b) Traffic management plan including road works signage;<br />

c) Proposed hours of work (including volume and timing of heavy vehicles<br />

entering and leaving the site, and works undertaken on site);<br />

d) Identification of potentially noisy construction phases, such as operation<br />

of rock-breakers, explosives or pile drivers, and proposed means to<br />

minimise impact on the amenity of neighbouring buildings;<br />

e) Site facilities to be provided; and<br />

f) Procedures for washing down vehicles to prevent soil and debris being<br />

carried onto the street.<br />

Note: A “Works within the Road Reservation” permit must be obtained from <strong>Council</strong><br />

for all activity within the Road Reservation.<br />

PART B CONDITIONS:<br />

1. The person responsible for the activity must comply with the conditions<br />

contained in Schedule 2 or Permit Part B which the Regulated Entity (trading as<br />

Cradle Mountain Water) has required the planning authority to include in the<br />

permit, pursuant to section 56Q of the Water and Sewerage Industry Act 2008,<br />

reference 2012.0292 (attached).<br />

Cr Deakin attended the meeting at 7:11pm.<br />

The MOTION was put and was CARRIED<br />

DIVISION<br />

IN FAVOUR<br />

MAYOR WALSH CR BRAMICH CR DEAKIN CR DIBLEY CR DUNIAM<br />

CR FRIEDERSDORFF CR HAWKINS<br />

AGAINST<br />

CR FAIRBROTHER CR MOORE CR SMITH<br />

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11.3 2 UNIT DEVELOPMENT - RELIANCE ON PERFORMANCE CRITERIA UNDER RESIDENTIAL<br />

ZONE PROVISIONS - 12 CUMMINGS STREET, BOAT HARBOUR BEACH – DA 85/2012<br />

To:<br />

<strong>Council</strong><br />

Reporting Officer: Consultant Town Planner<br />

Responsible Manager: Executive Manager Development Services<br />

Report Date: 7 November 2012<br />

File Reference: 7172112<br />

Enclosures:<br />

Development Application Form<br />

Certificate of Title<br />

Location Plan<br />

Supporting Planning Submission<br />

Geotechnical Report<br />

Cradle Mountain Water Correspondence<br />

Representations<br />

PURPOSE<br />

This report is to enable the Planning Authority to determine an application that has been<br />

made for two conjoined units at 12 Cummings Street, Boat Harbour Beach.<br />

BACKGROUND<br />

The subject site is situated at 12 Cummings Street, Boat Harbour Beach. It is formally<br />

described as CT 79947/11. It is approximately 399m 2 and has a rectangular shape. The<br />

site is vacant, but is bound by residential development to the east and west, as well as to<br />

the north on the opposite side of Cummings Street. The land adjacent to the south is<br />

vacant, with the land further to the west and south on top of the escarpment comprising<br />

low density residential development. The property has a frontage to Cummings Street<br />

along the northern boundary of approximately 15 metres.<br />

The site is located approximately 125 metres from the intersection of Cummings Street<br />

and Port Road. The land is relatively steep, sloping down towards Port Road from the<br />

escarpment, which is situated to the west of the residential area adjacent to Cummings<br />

Street and Moore Street.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 207


Planning Authority<br />

DETAILS<br />

Application<br />

Application has been made for two units at 12 Cummings Street, Boat Harbour Beach.<br />

The proposed units will be contained in a conjoined building constructed over three<br />

levels. Each will have a floor area of approximately 120m 2 , with Unit 1 containing one<br />

bedroom and Unit 2 containing two bedrooms. The units will share half of each of the<br />

upper two floors of the proposed building. Unit 2 will be located in the front (northern)<br />

portion of the proposed building, with Unit 1 to the rear. The lower level of the<br />

proposed building, which will be constructed partially below natural ground level, will<br />

contain two undercover car parking spaces and storage areas. Access to the units will be<br />

via stairs and walkways along the western elevation.<br />

Car parking for two spaces will be provided at the lower level, which will be located<br />

partially below natural ground level. Two additional parking spaces will also be provided<br />

in the driveway.<br />

Each unit will be provided with private open space as well as 8m 2 decks. In addition, Unit<br />

2 will be provided with a 12m 2 balcony on the upper level of the northern elevation.<br />

Internal Referrals<br />

Executive Manager Engineering Services<br />

1. In the course of undertaking the development/use there is to be no damage<br />

caused to any <strong>Council</strong> owned infrastructure or property.<br />

2. Material or plant may be placed/located on a road, footpath, nature strip or other<br />

<strong>Council</strong>-owned or controlled land only in accordance with the conditions in a<br />

“Works in Road Reservation Permit”.<br />

3. A driveway with a sealed surface is to be constructed from the edge of the<br />

bitumen surfaced pavement of the public road to the property boundary in<br />

accordance with Tasmanian <strong>Council</strong>s’ Subdivision Standard Drawing SD-1009 and<br />

the conditions in a “Works in Road Reservation Permit”. Note : A sealed swale<br />

drain may be constructed in lieu of a culvert.<br />

4. Suitable provision is to be made to ensure that vehicular access to and egress<br />

from the site is capable of occurring in a forward motion.<br />

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Planning Authority<br />

5. A connection point including an accessible inspection opening at ground level is to<br />

be constructed at the lowest point of the lot to permit connection to <strong>Council</strong>’s<br />

stormwater drainage reticulation network. The connection point is to be<br />

inspected and approved by the Executive Manager Engineering Services before<br />

backfilling.<br />

6. Geotechnical advice approving the underground boring works is to be provided to<br />

<strong>Council</strong> prior to commencing works.<br />

7. Connection to <strong>Council</strong>’s limited stormwater drainage reticulation network on<br />

Cummings Street is to be done by underground boring. The stormwater pipe from<br />

the site is to cross perpendicular to Cummings Street and along the northern side<br />

Cummings Street to the nearest grated pit.<br />

8. The developer is to be responsible for the ongoing maintenance of the<br />

stormwater pipe from the site to the nearest pit.<br />

Note: A “Works within the Road Reservation” permit must be obtained from <strong>Council</strong> for<br />

all activity within the Road Reservation.<br />

External Referrals<br />

Cradle Mountain Water<br />

A referral was sent to Cradle Mountain Water on the 21 September 2012. A response<br />

was received on the 1 October 2012 requiring Part B conditions for this permit (see<br />

attached).<br />

Advertising<br />

The application was advertised for a period of 14 days in accordance with the provisions<br />

of the Land Use Planning and Approvals Act, 1993. During the advertising period, <strong>Council</strong><br />

received four representations. The issues raised in the representations are summarised<br />

below along with an appropriate planning comment.<br />

Issues Raised:<br />

The impact the proposed building will have on privacy and views from the eastern side of the property at<br />

16 Cummings Street as well as the orchards on that property as a result of the scale of the proposed<br />

building.<br />

The impacts of overshadowing and privacy on the outdoor and indoor living areas of 10 Cummings Street.<br />

The general loss of amenity to surrounding properties resulting from the scale of the proposed building.<br />

The scale of the building (particularly height) is contrary to the amenity and intended character of the area<br />

(specifically Clause 6.4.2 Boat Harbour Urban Design).<br />

The proposal cannot demonstrate compliance with the Scheme’s requirements under Part 11 in relation to<br />

setbacks, fencing requirements and energy efficiency.<br />

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Planning Authority<br />

The proposal cannot demonstrate compliance with Part 12 of the Scheme in relation to landscape<br />

protection and potential landslip arising from excavation.<br />

The proposal is contrary to Part 17 of the Scheme in relation to vehicular access issues.<br />

Landslip hazard associated with the development particularly in respect of excavation and the construction<br />

of retaining walls. It was raised that the information informing the geotechnical investigation was<br />

potentially out-dated and that more stringent and detailed assessment may be required.<br />

Planning Comment:<br />

The proposal is assessed against the relevant provisions of the <strong>Waratah</strong>-<strong>Wynyard</strong> Planning Scheme below.<br />

In that assessment, specific consideration has been given to the matters raised above.<br />

Planning Assessment<br />

The site is zoned Residential under the <strong>Waratah</strong>-<strong>Wynyard</strong> Planning Scheme 2000 (the<br />

Planning Scheme). The proposed use and development falls within the ‘Residential’ Use<br />

Class, which is a permitted use class in the zone.<br />

Standards for development in the Residential zone are provided in Part 6. It is noted that<br />

the ‘Boat Harbour Beach Urban Design’ standards under sub-Clause 6.4.1 Issue 1.0<br />

prevail over any inconsistency with provisions contained elsewhere within the<br />

Residential zone or the Residential Development Schedule of the Planning Scheme.<br />

2.0 Planning Scheme Objectives<br />

2.2.2 Values of the Residential Zone<br />

2.2.2(e) Boat Harbour Beach<br />

The overwhelming character of Boat Harbour Beach settlement is that of housing nestled<br />

at the foot of an escarpment with development contained to the narrow lower slopes and<br />

behind the beach. The close proximity to a beautiful beach, safe swimming, views and<br />

picturesque qualities contribute to a strong identity and ‘sense of place’ for both locals<br />

and visitors. The built form is dominated by traditional shacks of unpretentious designs<br />

using simple forms and light construction. With the recent installation of sewerage<br />

infrastructure and transfer of shacks on Crown land to private freehold titles, there will be<br />

pressure for redevelopment of existing buildings and vacant areas. However there are a<br />

number of environmental constraints that will influence how or whether development can<br />

occur including landslip prone areas on the escarpment, vegetation retention on slopes to<br />

assist in stabilising land and buildings, coastal hazards and over use and inappropriate<br />

development of some sensitive areas. The important values are:<br />

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Planning Authority<br />

* The coastal landscape setting and dominant escarpment behind, providing scenic<br />

views into and from the settlement;<br />

* The predominant residential character with buildings of modest scale and form and<br />

generally unified by colour and style;<br />

* The streetscape created by steep and narrow roads, close spacing of buildings, the<br />

general absence of fences, kerbs and footpaths and the grassed verges which blend<br />

with private gardens;<br />

* The beach and near shore coastal and marine environment used by the community<br />

and visitors for recreation and enjoyment.<br />

Comment – The proposed units will result in a building that is of a relatively significant<br />

scale for the size of the lot. The proposal invokes discretion under a range of provisions<br />

that address scale and bulk issues, such a height, site coverage and setbacks, and may<br />

have some implications for adjacent residential amenity such as privacy and loss of views.<br />

In terms of consistency with the character outlined above, as well as the overriding<br />

pattern of built form throughout the township, the proposal is sizeable in terms of scale,<br />

and could not be described as ‘modest’, however it is not considered to be unreasonably<br />

out of character. There is a general pattern of closely built residential houses, which the<br />

proposal is consistent with.<br />

6.0 Residential Zone<br />

6.1 Values of the zone<br />

6.1.1 This zone incorporates predominantly residential and associated use or<br />

development of the following areas:<br />

<strong>Wynyard</strong> and Somerset, the hinterland settlements of Yolla and <strong>Waratah</strong><br />

and the coastal holiday settlements of Boat Harbour Beach and Sisters<br />

Beach. The zone also includes land suitable for residential and associated<br />

use or development.<br />

6.1.2 The values associated with those areas zoned residential are specified in<br />

Part 2 of the planning scheme.<br />

6.2 Intent of the zone<br />

(a) To protect and enhance residential amenity; and<br />

(b) To allow for compatible uses that do not adversely impact upon residential<br />

amenity.<br />

Comment – The proposal has been assessed against the relevant provisions of Part 2 of<br />

the Scheme above. The proposal comprises a residential use, consistent with the intent<br />

of the Zone. It is anticipated that due to the scale of the building some impact on<br />

residential amenity will be experienced by adjacent property such as a loss of privacy and<br />

views. These matters are discussed further in this report under the assessment against<br />

the relevant Planning Scheme provisions.<br />

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Planning Authority<br />

Relevant Standards for use or development in the Residential Zone<br />

Clause 6.4.1<br />

Standards for use of development<br />

Issue 1.0:- Effluent and stormwater disposal<br />

Objective: To ensure that effluent and stormwater discharge from new development does<br />

not have an adverse effect on water quality.<br />

Acceptable Solution<br />

Serviced Areas<br />

1.1 Effluent is to be disposed of by a connection to<br />

reticulated sewerage, sewage treatment and<br />

stormwater systems.<br />

1.3 The cost of the chosen system of connection to<br />

existing infrastructure is to be at the developers’<br />

expense.<br />

1.4 If not connected to an existing stormwater<br />

system, there is to be no direct discharge of<br />

runoff into any waterway, wetland or onto<br />

adjoining property.<br />

Comment<br />

Cradle Mountain Water has advised that sewer assets<br />

pass adjacent to the property. It has provided<br />

conditions for approval which require connection to a<br />

reticulated sewerage system. Further, any redundant<br />

sewerage services are to be disconnected.<br />

Complies with Acceptable Solution 1.1<br />

All costs relating to effluent and stormwater disposal<br />

will be required to be met by the developer. A<br />

condition of approval is recommended to ensure<br />

compliance.<br />

Complies with Acceptable Solution 1.3<br />

The recommended permit conditions require<br />

connection to <strong>Council</strong>’s limited stormwater reticulation<br />

network by way of a stormwater pipe which is to cross<br />

perpendicular to Cummings Street along the northern<br />

side of the street to the nearest grated pit.<br />

Complies with Acceptable Solution 1.4<br />

Clause 6.4.2<br />

Development Controls – Boat Harbour Beach Urban Design<br />

Issue 1.0:- Boat Harbour Beach Urban Design<br />

Objective: To ensure new development:<br />

(a) is respectful of the seaside character of the Boat Harbour Beach settlement in terms of<br />

size, bulk and setbacks of buildings; and<br />

(b) is innovative contemporary design, which draws on the traditional elements of the<br />

settlement without replicating the existing built environment. Where possible existing<br />

views are to be retained.<br />

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Planning Authority<br />

Acceptable Solution<br />

1.1 Maximum site coverage of 30% applies to any<br />

new building on a lot or extensions to existing buildings.<br />

Comment<br />

The site is approximately 400m 2 . The building area is<br />

153.4m 2 , which includes the upper ground balconies,<br />

but not the lower ground decks or the retaining walls<br />

proposed for the site. The site coverage is<br />

approximately 38% based on the above calculation.<br />

The retaining walls are defined under the Scheme as a<br />

‘building’ and as such would normally comprise part of<br />

the site coverage calculation. It is noted that the site<br />

coverage definition in the Scheme excludes fences.<br />

The site coverage would exceed 38% should the<br />

retaining walls be included in the calculation. It is<br />

noted that the applicant states that the drawings<br />

submitted comply with the 30% site coverage<br />

requirement, however the calculations undertaken in<br />

accordance with the Scheme’s definitions are contrary<br />

to this statement.<br />

Does not comply with Acceptable Solution 1.1<br />

1.2 A maximum building height limit of 6.0m. The south east portion of the proposed building has a<br />

maximum height of 6.4 metres. Refer to assessment<br />

against the corresponding Performance Criteria below<br />

in relation to the height of the proposed dwelling<br />

below.<br />

Does not comply with Acceptable Solution 1.2<br />

1.3 Buildings on the lower side of roads shall be The building is not located on the lower side of a road.<br />

single storey when viewed from the road. A split-level<br />

solution is acceptable.<br />

Not Applicable to this application.<br />

1.4 Minimum setbacks to boundaries:<br />

Side – 3.0m<br />

Rear – 12.0m<br />

The proposed rear setback is 4.8 metres. The wall of<br />

the building is 3 metres from the western side<br />

boundary. However, the eaves, covered walkway and<br />

retaining wall are within the prescribed distance. A<br />

retaining wall on the eastern side of the dwelling is<br />

constructed up to the side boundary. Refer to<br />

assessment against the corresponding Performance<br />

Criteria below in relation to side and rear setbacks for<br />

the proposed dwelling below.<br />

1.5 Fences shall not be permitted between the<br />

major building on any block and the road.<br />

1.6 Small areas of broken roof forms such as hip,<br />

gable, flat or skillion shall span no more than 6.5m at<br />

any one point and pitch not greater than 25 degrees for<br />

a main roof and 15 degrees for veranda or skillion<br />

roofs.<br />

Does not comply with Acceptable Solution 1.4<br />

Front fences are not proposed.<br />

Complies with Acceptable Solution 1.5<br />

The single main roof over the building has a pitch less<br />

than 25°. The covered walkway has a width less of<br />

approximately 1.2 metres.<br />

Complies with Acceptable Solution 1.6<br />

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Planning Authority<br />

1.7 Exterior materials, colours and finishes shall<br />

be as follows:<br />

Walls<br />

− timber boards; or<br />

− sheet fibro or metal; and<br />

− utilising light colours such as cream, light brown,<br />

white, yellow and light green.<br />

Roofs<br />

− corrugated galvanised iron or<br />

− coloured in green, red or brown or off white.<br />

- Tile roofs and modern profile sheet roofing are not to<br />

be used.<br />

1.8 Notwithstanding clause 6.4.1 issue 3 no resubdivision<br />

of existing titles will be allowed.<br />

1.9 <strong>Council</strong> shall not approve amalgamation of<br />

existing titles.<br />

1.10 Cut, fill or retaining walls will be permitted up<br />

to a maximum height of 0.6 metres above or below the<br />

existing surface level.<br />

The finishes are to include as lightweight cladding for<br />

the walls and Colorbond CustomOrb roofing.<br />

It is recommended that the colours be subject to an<br />

appropriate permit condition.<br />

Capable of complying with Acceptable Solution 1.7<br />

subject to permit conditions.<br />

The proposal does not involve subdivision.<br />

Not applicable to this application.<br />

Not applicable to this application.<br />

Refer to assessment against the corresponding<br />

Performance Criteria below in relation to the height of<br />

the proposed dwelling below.<br />

Does not comply with Acceptable Solution 1.10<br />

The discussion in the table above has indicated that an assessment against the<br />

Performance Criteria associated with a number of the development standards is<br />

required. This is undertaken as follows:<br />

1.1 A greater site coverage may be approved where it can be demonstrated that the<br />

character and amenity of the area will not be detrimentally affected, nor cause<br />

adverse impacts on the amenity of adjoining residences, and the proposal<br />

maintains viewing corridors between the adjoining buildings.<br />

Comment – The scale of the building is relatively significant in relation to the size of the<br />

lot and as such the proposal invokes a number of discretions that relate to size and scale.<br />

The impacts on neighboring properties are expected to involve overshadowing and<br />

overlooking onto 10 Cummings Street and the obscuring of views from 14 and 16<br />

Cummings Street. The proposal is assessed against the Scheme’s provisions in respect of<br />

privacy and overshadowing further in this report. Whilst it can be expected that, due to<br />

the relatively small lot sizes in the area, the views of 14 Cummings Street would be<br />

interrupted by most development on the subject lot, it is acknowledged that the extent<br />

of development, especially as it extends to the south of the lot, will interrupt viewing<br />

corridors from 14 and possibly 16 Cummings Street towards the water.<br />

1.2 A greater height may be approved where it can be demonstrated that it will not<br />

detract from views to the water from public places, and <strong>Council</strong> is satisfied that<br />

the character and amenity of the area will not be detrimentally affected. A greater<br />

building height is not to cause adverse impacts on the amenity of adjoining<br />

residences or their views to the water.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 214


Planning Authority<br />

Comment – A section of the proposed building exceeds the permitted height limit of 6<br />

metres. The western edge of the building reaches a maximum height of 5.5 metres and<br />

the maximum height of eastern side of the building is 6.4 metres, noting that the north<br />

eastern corner of the building has a maximum of approximately 6 metres.<br />

The south eastern section of the building therefore exceeds the height limit, where the<br />

land slopes away. The Performance Criteria require specific consideration of the impact<br />

of views from adjoining residences. In this regard, it is noted that the views, particularly<br />

from 14, Cummings Street will be interrupted given the height of the proposed building.<br />

On the other hand, the wall of the building facing 14 Cummings Street will comply with<br />

the permitted height limit. Further, views from that property would likely experience a<br />

greater degree of interruption should the building be constructed up the permitted<br />

height limit in the western elevation. On this basis, the proposed height, which is<br />

400mm over the permitted height limit for a portion of the building only, is not<br />

considered unreasonable.<br />

It is also noted that the increased height of the building will cause some overshadowing<br />

and potentially privacy issues for the property at 10 Cummings Street. These are<br />

addressed elsewhere.<br />

1.4 Side and rear setbacks in accordance with Part 11, or where following an existing<br />

setback, may be approved where it is demonstrated that the proposed building will<br />

not cause adverse impacts on the amenity of adjoining residences.<br />

Comment – The proposed rear setback is 4.8 metres, with the minimum permitted<br />

setback required by the Scheme 12 metres. The discretion is required as a result of the<br />

scale of the proposed building. The adjoining land to the rear of the site has not been<br />

developed, and as such there will be no amenity impacts on adjoining property to the<br />

south. However, the overall scale and bulk of the building is expected to cause<br />

interruptions to the views from 14 Cummings Street and potentially create<br />

overshadowing and privacy issues for 10 Cummings Street. Much of these issues are<br />

created as a result of the bulk of the building towards the southern end of the lot. These<br />

issues are considered elsewhere in relation to the relevant development standards.<br />

The setback variations in relation to the side boundaries relate to the building eaves,<br />

covered walkway and retaining wall in relation to the western boundary, and a retaining<br />

wall which is proposed to be constructed up to the eastern boundary. Most of these<br />

elements, apart from the eaves, are to be constructed at ground level and therefore are<br />

unlikely to cause significant adverse impacts on the amenity of the adjoining residences.<br />

Given that the height of the eaves is less than the 6m height requirement prescribed<br />

under Acceptable Solution 1.2, their height and setback is considered acceptable in the<br />

context of Performance Criteria 1.4.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 215


Planning Authority<br />

Relevant Schedules<br />

11.0 Residential Development Schedule<br />

The relevant provisions of Table 11.1 (Part 11) – Residential Development Schedule are<br />

addressed as follows:<br />

Issue 1.0:- Building Appearance and Neighbourhood Character<br />

Objective: To ensure that building appearance from public streets and adjoining sites is<br />

visually compatible with surrounding development.<br />

Acceptable Solution<br />

Building Form<br />

1. New buildings are to have no more than 15<br />

metres of any frontage to a public street<br />

that is not articulated with bay windows,<br />

balconies, decks or wall offsets.<br />

1.2 Garages and carports facing the street<br />

shall not have openings exceeding 6m or<br />

50% of the frontage width, whichever is<br />

the lesser.<br />

1.3 Garages and carports are to be located<br />

behind the main face of the associated<br />

building.<br />

Comment<br />

The proposal has only 8m frontage to Cummings<br />

Street.<br />

Complies with Acceptable Solution 1.1<br />

The garage exceeds 50% of the width of the<br />

frontage.<br />

Does not comply with Acceptable Solution 1.2<br />

The garage is incorporated into the lower level of<br />

the building. It is therefore considered to be<br />

located behind the building line<br />

Complies with Acceptable Solution 1.3<br />

The Performance Criteria to Issue 1.0 States:<br />

1.2 Garages and carports are to be sited and designed so that they do not dominate<br />

the appearance of the building from the street front.<br />

Comment – The garage is to be provided below natural ground level, with two storeys of<br />

the dwelling above also facing the street front. It will not visually dominate the building<br />

from the street front.<br />

Issue 2.0:- Street setbacks<br />

Objective: To setback buildings and associated garages and carports from the street to<br />

provide adequate space for landscape or open space, visual and acoustic privacy and<br />

vehicular accesses, while assisting in establishing an attractive streetscape.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 216


Planning Authority<br />

Acceptable Solution<br />

2.1 The minimum setback (metres) of buildings<br />

from the street is to be:<br />

VPD Front Side<br />

>2000 4.5 2.0<br />

2000-6000 5.0 2.0<br />

6000+ 6.0 4.0<br />

VPD – Vehicle movements per day<br />

Comment<br />

The proposed dwelling (and garage) complies with the<br />

front setback requirement from the<br />

Road.<br />

Complies with Acceptable Solution 2.1<br />

Issue 3.0:- Building Siting and Design<br />

Objective: To enable flexibility in the siting of buildings, to protect reasonable neighbour<br />

amenity, to maintain appropriate residential character and visual bulk, and to provide<br />

adequate daylight to dwellings and sunlight to private open space.<br />

Acceptable Solution<br />

Building Setbacks for Daylight<br />

3.1 Where a new building is to adjoin an existing<br />

dwelling, setbacks (metres) to habitable room<br />

windows of the adjoining dwelling are to<br />

comply with the following:<br />

Window setback Max Wall Height<br />


Planning Authority<br />

Issue 4.0:- Energy Efficiency<br />

Objective: To ensure that all dwellings have adequate access to sunlight and can be located so as to benefit from<br />

solar energy.<br />

Acceptable Solution<br />

Comment<br />

4.1 Dwelling are to be sited and<br />

designed so that at least one wall is orientated<br />

between north east and north west and<br />

windows located in that wall take advantage<br />

of solar energy by:<br />

(a) setting the north wall back from the north<br />

boundary to provide on-site winter solar<br />

access; and<br />

(b) providing a total window area orientated<br />

between north east and north west of at least<br />

10% of the gross floor area of the dwelling.<br />

Or<br />

For all new dwellings and extensions<br />

containing main living areas, it is to b<br />

demonstrated that the proposed design can<br />

achieve an energy rating of 4 out of 5 stars<br />

when assessed using an approved energy<br />

rating software program.<br />

4.2 Buildings and landscaping shall not overshadow<br />

the north facing wall of a dwelling for more<br />

than 2 hours of available sunlight on any day.<br />

In the case of adjacent vacant lots, buildings<br />

and landscaping shall not cause<br />

overshadowing across the north orientated<br />

boundary’(ies) of adjoining residential sites<br />

between 11:00am and 2:00pm on 21 June.<br />

The Performance Criteria to Issue 4.0 States:<br />

The units are oriented to the east with the windows of<br />

living areas facing due east only in Unit 1, with Unit 2<br />

having easterly and northerly facing windows to its<br />

living areas. Sub-clause (b) requires windows to be<br />

located between NW and NE and to comprise a total<br />

area that is at least 10% of the gross floor area of the<br />

dwelling. Unit 2 has 8.4m 2 of window area that is<br />

oriented in accordance with sub-clause (b). The total<br />

floor area of the unit is 119.2m 2 , which would require<br />

a minimum window area of 11.9m 2 oriented from NW<br />

to NE to comply with sub-clause (b). Unit 1 has no<br />

windows oriented in accordance with sub-clause (b).<br />

No information has been submitted demonstrating<br />

that the units achieve a 4 out of 5 stars energy rating.<br />

However, the building code will require a mandatory 5<br />

star energy rating.<br />

Complies with Acceptable Solution 4.1 by virtue of<br />

the mandatory requirements under the building code<br />

The units are conjoined with Unit 2 located directly<br />

north of Unit1. Unit 2 therefore overshadows the<br />

north facing wall of Unit 1 at all times.<br />

Does not comply with Acceptable Solution 4.2<br />

4.2 Buildings and landscaping are not to result in unreasonable loss of solar access to<br />

dwellings or residential sites.<br />

Comment – Unit 1 has extensive windows located on the eastern façade both on the<br />

upper and lower levels. It is considered that it will be capable of receiving sufficient solar<br />

access in accordance with the performance criteria.<br />

Issue 5.0:- Privacy<br />

Objective: To site and design buildings to meet projected user requirements for visual and<br />

acoustic privacy, and to protect the visual and acoustic privacy of nearby residents in their<br />

dwellings and private open space.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 218


Planning Authority<br />

Acceptable Solution<br />

Visual Privacy<br />

5.1 Windows in habitable rooms with a sill height of<br />

less than 1.7m and balconies/decks greater<br />

than 1m above natural ground level shall be<br />

offset and/or screened from the windows of<br />

habitable rooms in adjoining dwellings and<br />

outdoor living spaces, where there would be<br />

direct views and the separation is less than 8.5<br />

metres.<br />

Acoustic Privacy<br />

5.2 Habitable room windows are to be at least 2.5m<br />

from vehicular accesses and parking areas<br />

used by other dwellings unless those windows<br />

at their lowest point are at least 1.4m above<br />

the carriageway and the ground floor level of<br />

the dwelling is at least 1m above the<br />

carriageway.<br />

Comment<br />

The upper storey decks and the windows of the eastern<br />

elevation of the proposed dwellings will have visibility<br />

into the outdoor living area of 10 Cummings Street. No<br />

measures are proposed in the application to mitigate<br />

these impacts. Appropriate conditions should be<br />

applied to the permit addressing these matters.<br />

Capable of complying with Acceptable Solution 5.1<br />

subject to permit conditions<br />

The ground floor windows of Unit 2 are a minimum<br />

height of 2 metres above the carriageway.<br />

Complies with Acceptable Solution 5.2<br />

Issue 6.0:- Private Open Space<br />

Objective: To ensure that private open space provided for dwellings is clearly defined,<br />

useable and meets user requirements for privacy, access, outdoor activities and<br />

landscaping.<br />

Acceptable Solution<br />

6.1 Private Open space for each dwelling shall<br />

comprise a minimum area in accordance with<br />

the following:<br />

1 bedroom dwelling - 50m2;<br />

2 bedroom dwelling - 70m2;<br />

3 or more bedroom dwelling - 90m2; and<br />

the minimum dimension of any part is 2.5<br />

metres, and one part of the private open space<br />

comprises an area of 50m2 with a minimum<br />

dimension of 4 metres and is not steeper than<br />

1 in 6.<br />

6.2 Private open space is to have a northerly<br />

orientation and be protected from<br />

overshadowing from any adjacent<br />

development so that a minimum of 50% of the<br />

space receives at least 2 hours sunlight on 21<br />

June.<br />

6.3 Private open space is to abut the dwelling it is to<br />

serve and be directly accessible from a<br />

habitable room of the dwelling other than a<br />

bedroom, at a level difference not exceeding<br />

1.5 metres.<br />

Comment<br />

Unit 2 (a 1 bedroom unit) has a POS area of 51m 2 and<br />

Unit 1 (a 2 bedroom unit) has a POS of 105.7m 2 , each<br />

meeting the minimum area requirement. As stated in<br />

the applicant’s response to further information, the<br />

gradient does not exceed 1:6.<br />

Complies with Acceptable Solution 6.1<br />

The POS for Unit 1 has an easterly orientation, however<br />

does have some northerly aspect. It would be capable<br />

of receiving the minimum sunlight requirements of<br />

Clause 6.2.<br />

Complies with Acceptable Solution 6.2<br />

The private open space areas abut their respective<br />

dwellings and are directly accessible from habitable<br />

rooms.<br />

Complies with Acceptable Solution 6.3<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 219


Planning Authority<br />

Issue 7.0:- Site Facilities<br />

Objective: To ensure that site facilities are well-located, meet the usual domestic needs of<br />

residents, and blend with the streetscape character.<br />

Acceptable Solution<br />

7.2 Space shall be provided for clothes drying facilities<br />

which are visually screened from public streets<br />

and have access to sunlight and breezes.<br />

Comment<br />

The proposal complies with the Acceptable Solution.<br />

Issue 8.0:- Utilities<br />

Objective: To provide a range of utilities to each lot in a timely, efficient and costeffective<br />

manner.<br />

Acceptable Solution<br />

8.1 Water is to be provided by means of <strong>Council</strong>’s<br />

reticulated system where available, or by<br />

means of an onsite storage and associated<br />

reticulation system.<br />

8.3 Power to new subdivisions shall be supplied by<br />

underground means, or where provided to<br />

infill subdivisions (maximum 3 lots), may be<br />

provided by overhead means where an<br />

overhead distribution system currently exists.<br />

Comment<br />

Cradle Mountain Water does not provide a reticulated<br />

system adjacent to the site. The proposed<br />

development includes provision for 5,000 litre water<br />

tanks to be provided on-site for each dwelling.<br />

Complies with Acceptable Solution 8.1<br />

The application does not relate to a new subdivision.<br />

Not applicable to this application.<br />

Siting of Developments Schedule<br />

Issue 1.0:- Environmental and Visual Impact<br />

Objective: To protect the environmental and visual qualities of rural and coastal<br />

landscapes in the Primary Industries, Environmental Management and Residential Zones<br />

through ensuring that buildings, structures and other works are located and constructed<br />

so as to minimize their impacts.<br />

Acceptable Solution<br />

Slopes<br />

1.1 Building, private roads and associated works are<br />

to be on slopes of less than 1:5<br />

Soils<br />

1.2 Buildings are to be located on loams or<br />

clay/loams of sufficient depth to accommodate<br />

building footings and septic absorption.<br />

Response<br />

As outlined in the Geotechnical report, the site is<br />

relatively flat, with a sharp fall along the eastern<br />

boundary with 10 Cummings Street. The proposed<br />

buildings are located on the flat area of the lot.<br />

Complies with Acceptable Solution 1.1<br />

A geotechnical report has been submitted with the<br />

application material. It indicates that the building can<br />

be supported subject to the reports<br />

recommendations.<br />

Complies with Acceptable Solution 1.2<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 220


Planning Authority<br />

Issue 3.0:- Coastal Processes and Coastal Habitat Protection<br />

Objective: To ensure natural coastal processes and natural habitats are maintained and<br />

the hydrological and biological roles of the coast, wetlands and waterways are protected.<br />

Acceptable Solution<br />

3.1 No building is to be erected or other works<br />

undertaken on a coastal dune system in the<br />

areas of the surf zone, swash zone, beach zone,<br />

incipient dune, or foredune as shown in Figure<br />

12.1.<br />

3.2 No building is to be erected or other works<br />

undertaken within 100 metres of the seaward<br />

edge of any coastal cliff, bluff or headland.<br />

3.3 No removal of sand or other material is to occur<br />

from any beach, fore or hind dune or the<br />

nearshore zone.<br />

3.4 No building, or other works is to be placed in any<br />

location where it will interfere with the natural<br />

transport of sediment by currents, waves or<br />

wind.<br />

3.5 No buildings or works are to result in the removal<br />

of any vegetation cover from fore or hind dunes,<br />

dune swales, beaches or within 100 metres of the<br />

seaward edge of any coastal cliff or bluff.<br />

Vegetation cover includes all naturally occurring<br />

and introduced species in the primary, secondary<br />

and tertiary zones shown in Figure 12 but does<br />

not include environmental weeds.<br />

Response<br />

The proposed building is to be located outside of the<br />

zones indicated in Figure 12.1.<br />

Complies with Acceptable Solution 3.1<br />

No works are proposed to occur within 100 metres of<br />

the features outlined in AS 3.2.<br />

Complies with Acceptable Solution 3.2<br />

No removal of sand or material is proposed.<br />

Complies with Acceptable Solution 3.3<br />

The proposed building is situated away from the<br />

shoreline, and will not interfere with any natural<br />

systems.<br />

Complies with Acceptable Solution 3.4<br />

No vegetation removal is to occur within 100 metres of<br />

the features outlined in AS 3.2.<br />

Complies with Acceptable Solution 3.2<br />

Issue 4.0:- Flood, Storm, Surge and Landslip Hazards<br />

Objective: To ensure use or development mitigates risk from flooding, storm surge and<br />

landslip.<br />

Acceptable Solution<br />

4.1 No development is to be undertaken on any part of the<br />

site which has the following characteristics:<br />

(a) located on an active floodway or within the 1-in-<br />

100 year flood risk area; or<br />

(b) within 30 metres of High Water Mark (HWM) or<br />

less than 3m above the ordinary HWM of the Spring<br />

tide in areas subject to storm surge.<br />

(c) within a Declared A Landslip area;<br />

(d) within a Declared B Landslip area or other area of<br />

potential landslide hazard.<br />

Response<br />

The site is not subject to inundation and is<br />

located in excess of 170 metres from and uphill<br />

of HWM.<br />

The site is not located within a Declared Landslip<br />

A Area, however, it is located in an identified<br />

landslip area.<br />

Complies with Acceptable Solution 4.1<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 221


Planning Authority<br />

Performance Criteria associated with Issue 4 states:<br />

4.1(d) Where within a Declared B Landslip area, ensure that the erection, alteration or<br />

addition can be carried out safely, the building will be structurally sound and the<br />

completed building services will not aggravate the existing landslide conditions.<br />

Comment – The proposal is not located within a Declared B Landslip area, however, it is<br />

within an identified landslip. An assessment of landslip risk has been undertaken by<br />

Tasman Geotechnics. It is considered that so long as the recommendations of the<br />

geotechnical report are adhered to, the proposal satisfies the performance criteria to<br />

Issue 4 above.<br />

STATUTORY IMPLICATIONS<br />

The application is subject to the following statutory instruments:<br />

Land Use Planning & Approvals Act 1993.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> Planning Scheme 2000.<br />

Local Government (Building & Miscellaneous Provisions) Act 1993.<br />

STRATEGIC IMPLICATIONS<br />

There are no significant strategic implications identified.<br />

POLICY IMPLICATIONS<br />

There are no significant policy implications identified.<br />

FINANCIAL IMPLICATIONS<br />

Financial costs may arise in relation to any appeal against the determination of the<br />

application by the Planning Authority.<br />

RISK IMPLICATIONS<br />

There is a risk that the applicants or representors may appeal the determination of the<br />

Planning Authority to the Resource Management and Planning Appeal Tribunal.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 222


Planning Authority<br />

CONSULTATION PROCESS<br />

The proposal was subject to a public notification period in accordance with Section 57 of<br />

LUPAA.<br />

COMMENT<br />

The proposal is considered to be of a somewhat substantial scale in relation to the lot<br />

size, and the Planning Scheme’s objectives for encouraging smaller scale modest<br />

development throughout Boat Harbour. Notwithstanding, the proposal is considered to<br />

be capable of meeting the Planning Scheme performance criteria in relation to the<br />

relevant residential development and siting provisions. The scale of the building is likely<br />

to have some impact on the amenity of adjacent residential properties by way of loss of<br />

views, privacy and overshadowing. However, a ‘permitted’ development under the<br />

scheme would likely have a comparable impact on the views from 14 Cummings Street.<br />

The proposal is capable of being conditioned to adequately address the impacts of<br />

privacy to 10 Cummings Street, and the proposal has demonstrated that it meets the<br />

Planning Scheme requirements in respect of overshadowing. It is therefore<br />

recommended that <strong>Council</strong> grant approval for a 2 Unit Development at 12 Cummings<br />

Street, Boat Harbour Beach subject to conditions.<br />

It is therefore recommended:<br />

That <strong>Council</strong> grant approval for a 2 Unit Development – Reliance on Performance Criteria<br />

under Residential Zone Provisions at 12 Cummings Street, Boat Harbour Beach subject to<br />

the following conditions:<br />

PART A CONDITIONS:<br />

1. The development/use, as shown on the endorsed plan(s) and described in the<br />

application, is not to be altered or modified for any reason without the consent of<br />

the Planning Authority.<br />

2. The use and development is to be carried out in accordance with the<br />

recommendations of the Landslide Risk Assessment prepared by Tasman<br />

Geotechnics dated 12 July 2012, and their subsequent letter dated 24 August<br />

2012.<br />

3. Prior to the issue of a Building Permit, amended plans are to be prepared to scale<br />

generally in accordance with the plans accompanying the application but<br />

amended to show:<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 223


Planning Authority<br />

a) A privacy screen erected on the upper storey balcony of Unit 1 that<br />

achieves a height of no less than 1.7 metres when measured from the<br />

upper surface of the balcony floor. The screen is to be constructed from<br />

materials that obscure all visibility into the adjacent property, such as<br />

frosted glass or wood panelling.<br />

b) The sill height on the upper storey window of Unit 1 directly adjacent to<br />

the upper storey balcony increased to a minimum of 1.7 metres.<br />

c) A boundary fence along the eastern property boundary fence. The plans<br />

and to demonstrate that the height of the fence will minimise overlooking<br />

from the lower storey windows of Units 1 and 2 into 10 Cummings Street<br />

whilst maintaining a reasonable level of solar access to the outdoor living<br />

areas of 10 Cummings Street.<br />

These amended plans are to be submitted and approved by the Executive<br />

Manager Development Services or delegate and when approved will form part of<br />

the endorsed plans of this permit.<br />

4. The works required by Condition 3 are required to be undertaken prior to the<br />

commencement of the approved use.<br />

5. In the course of undertaking the development/use there is to be no damage<br />

caused to any <strong>Council</strong> owned infrastructure or property.<br />

6. Material or plant may be placed/located on a road, footpath, nature strip or other<br />

<strong>Council</strong>-owned or controlled land only in accordance with the conditions in a<br />

“Works in Road Reservation Permit”.<br />

7. A driveway with a sealed surface is to be constructed from the edge of the<br />

bitumen surfaced pavement of the public road to the property boundary in<br />

accordance with Tasmanian <strong>Council</strong>s’ Subdivision Standard Drawing SD-1009 and<br />

the conditions in a “Works in Road Reservation Permit”. Note : A sealed swale<br />

drain may be constructed in lieu of a culvert.<br />

8. Suitable provision is to be made to ensure that vehicular access to and egress<br />

from the site is capable of occurring in a forward motion.<br />

9. A connection point including an accessible inspection opening at ground level is to<br />

be constructed at the lowest point of the lot to permit connection to <strong>Council</strong>’s<br />

stormwater drainage reticulation network. The connection point is to be<br />

inspected and approved by the Executive Manager Engineering Services or<br />

delegate before backfilling.<br />

10. Following the completion of approving the underground boring works, the<br />

developer is to provide to <strong>Council</strong> evidence that a Chartered Geotechnical<br />

Consultant has certified by declaration that all works have been carried<br />

satisfactorily.<br />

11. Connection to <strong>Council</strong>’s limited stormwater drainage reticulation network on<br />

Cummings Street is to be done by underground boring. The stormwater pipe from<br />

the site is to cross perpendicular to Cummings Street and along the northern side<br />

Cummings Street to the nearest grated pit.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 224


Planning Authority<br />

12. The developer is to be responsible for the ongoing maintenance of the<br />

stormwater pipe from the site to the nearest pit.<br />

13. All costs associated with the proposed development including those related to<br />

infrastructure extensions or upgrades to <strong>Council</strong> assets are to be met by the<br />

Developer.<br />

14. In the course of undertaking the development/use there is to be no damage<br />

caused to any <strong>Council</strong> owned infrastructure or property.<br />

15. Before occupancy of the development may occur, all disturbed surfaces on the<br />

land except those set aside for roadways, footways and driveways are to be<br />

covered with top soil and seeded and, where appropriate, re-vegetated and<br />

stabilised to the requirements of the Executive Manager Engineering Services.<br />

16. Control measures are to be installed for the duration of the construction phase so<br />

as to limit the loss of soils and other debris from the site.<br />

17. This development/use is not to result in the generation of environmental harm or<br />

nuisance as defined in the Environmental Management and Pollution Control Act<br />

1994.<br />

Note:<br />

A “Works within the Road Reservation” permit must be obtained from <strong>Council</strong> for all<br />

activity within the Road Reservation.<br />

PART B CONDITIONS:<br />

1. The person responsible for the activity must comply with the conditions<br />

contained in Schedule 2 or Permit Part B which the Regulated Entity (trading as<br />

Cradle Mountain Water) has required the planning authority to include in the<br />

permit, pursuant to section 56Q of the Water and Sewerage Industry Act 2008,<br />

reference 2012.0263 (attached).<br />

MOVED BY<br />

SECONDED BY<br />

CR BRAMICH<br />

CR DUNIAM<br />

That <strong>Council</strong> refuse a 2 Unit Development – Reliance on Performance Criteria under<br />

Residential Zone Provisions at 12 Cummings Street, Boat Harbour Beach the reasons<br />

being that the scale of the building is relatively significant in relation to the size of the<br />

lot and as such the proposal invokes a number of discretions that relate to size and<br />

scale. The impacts on neighbouring properties are expected to involve overshadowing<br />

and overlooking, amenity to neighbouring properties.<br />

The MOTION was put and was CARRIED<br />

DIVISION<br />

IN FAVOUR<br />

CR BRAMICH CR DEAKIN CR DIBLEY CR DUNIAM<br />

CR FAIRBROTHER CR HAWKINS CR MOORE CR SMITH<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 225


Planning Authority<br />

AGAINST<br />

MAYOR WALSH<br />

CR FRIEDERSDORFF<br />

During discussion Cr Duniam made the following statement in support of the motion:<br />

Page 206: - The predominant residential character with buildings of modest scale and<br />

form.<br />

Page 206: - In terms of consistency with the character outlined below...the proposal is<br />

sizeable in terms of scale; and could not be described as ‘modest’, however it is not<br />

considered to be unreasonably out of character. There is a general pattern of closely built<br />

residential houses, which the proposal is consistent with. This application is for 2 cojoined<br />

units, which increases the density of housing in this area on this small lot, and not<br />

just building closely to another residential house.<br />

Boat Harbour Beach Urban Design and building appearance and neighbourhood<br />

character – (pages 206 – 213) performance criteria – I have found six does not comply<br />

with acceptable solution, those being 1.1, 1.2 (twice), 1.4 and 1.10, also 4.2.<br />

But the DA is capable of complying with acceptable solution 1.7 subject to permit<br />

conditions!<br />

Comment page 209 – The scale of the building is relatively significant in relation to the<br />

size of the lot and as such the proposal invokes a number of discretions that relate to size<br />

and scale. It goes onto say, the impacts on neighbouring properties are expected to<br />

involve overshadowing and overlooking – I am assuming of Amenity.<br />

Comment page 218 – Again, the proposal is considered to be of a somewhat substantial<br />

scale in relation to the lot size, and the Planning Scheme’s objectives for encouraging<br />

smaller scale modest development throughout Boat Harbour. Further on...the scale of<br />

the building is likely to have some impact on the amenity of adjacent residential<br />

properties by way of loss of views, privacy and overshadowing.<br />

The Executive Manager Engineering Services left the meeting at 7:27pm<br />

The Executive Manager Development Services left the meeting at 7:27pm<br />

The Executive Manager Engineering Services returned to the meeting at 7:28pm<br />

The Executive Manager Development Services returned to the meeting at 7:28pm<br />

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11.4 NBN FIXED WIRELESS FACILITY – 40M HIGH MONOPOLE, RADIO TRANSMISSION<br />

EQUIPMENT & ANCILLARY EQUIPMENT CABINET – RELIANCE ON PERFORMANCE<br />

CRITERIA UNDER PRIMARY INDUSTRIES ZONE PROVISIONS – 631 EAST YOLLA ROAD,<br />

YOLLA – DA 124/2012<br />

To:<br />

<strong>Council</strong><br />

Reporting Officer: Consultant Town Planner<br />

Responsible Manager: Executive Manager Development Services<br />

Report Date: 31 October 2012<br />

File Reference: 1781611<br />

Enclosures:<br />

Development Application Form<br />

Supporting Letter 22 August 2012<br />

Owners Consent<br />

Burnie Airport Corporation Letter 16 September 2012<br />

Planning Report<br />

PURPOSE<br />

The report is to enable the Planning Authority to determine an application that has been<br />

made to erect a NBN Fixed Wireless Facility – 40m High Monopole, Radio Transmission<br />

Equipment & Ancillary Equipment Cabinets at 631 East Yolla Road, Yolla.<br />

BACKGROUND<br />

The subject property (CT 127066/1) is 27.94 ha area, is irregular in shape and the<br />

proposed new access is via an existing driveway off East Yolla Road to the south of the<br />

property. The site is located approximately 1.5 kilometres south east of the Yolla<br />

township centre.<br />

The subject site is surrounded by land within the Primary Industries Zone. The land<br />

associated with the property is Class 4 according to available land capability mapping.<br />

The Land well suited to grazing but is limited to occasional cropping or a very restricted<br />

range of crops.<br />

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Planning Authority<br />

Photograph 1 – Aerial photograph (Source: The LIST)<br />

DETAILS<br />

Application<br />

The applicant is seeking to establish the development of a telecommunications facility,<br />

comprising a 40 metre high monopole and ancillary components including one (1)<br />

current and one (1) future standard NBN outdoor cabinet (1464mm x 667mm x 944mm)<br />

on a concrete slab enclosed within a secure compound which measures approximately<br />

60m 2 in area.<br />

The proposed NBN Fixed Wireless facility at 631 East Yolla Road, Yolla would be<br />

connected to another site proposed at Mount Hicks. The applicant has provided the<br />

following detail to explain how the facilities link up:<br />

“Mount Hicks is a fibre hub site that while providing coverage to the surrounding area<br />

also provides signal transmission to three other sites at Yolla, Round Hill and Doctors<br />

Rocks. Fibre hub sites are an important link in the overall system requiring access to the<br />

NBN Co fibre transit cabling and to be located roughly midway between two or more key<br />

receiving sites. Furthermore, the fibre hub site must have line-of-sight between itself and<br />

the receiving sites. Each of the sites Mount Hicks transmits to will also provide NBN fixed<br />

wireless coverage to a large number of businesses and residences.<br />

Yolla and Moorleah are also part of wider networks of fixed wireless connections and will<br />

provide NBN fixed wireless coverage to a substantial number of businesses and residences<br />

in rural areas of <strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong>.”<br />

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Planning Authority<br />

The proposed monopole features a circular headframe at the top of the monopole<br />

accommodating three (3) x panel antennas measuring approximately 1180mm x 300mm<br />

x 115mm. Three (3) remote Radio Units (RRU) will be installed below the antennas. One<br />

(1) transmission dish antenna will also be installed at approximately 30 metres on the<br />

monopole.<br />

The use is classified as a Utilities Use Class under the <strong>Waratah</strong>-<strong>Wynyard</strong> Planning Scheme<br />

2000, which is a Primary use class in the Primary Industries Zone.<br />

Internal Referrals<br />

Executive Manager Engineering Services<br />

1. In the course of undertaking the development/use there is to be no damage<br />

caused to any <strong>Council</strong> owned infrastructure or property.<br />

2. Material or plant may be placed/located on a road, footpath, nature strip or other<br />

<strong>Council</strong>-owned or controlled land only in accordance with the conditions in a<br />

“Works in Road Reservation Permit”.<br />

Note:<br />

1. A “Works within the Road Reservation” permit must be obtained from <strong>Council</strong> for<br />

all activity within the Road Reservation.<br />

Environmental Health Officer<br />

1. Control measures are to be installed for the duration of the construction phase so<br />

as to limit the loss of soils and other debris from the site.<br />

2. This development/use is not to result in the generation of environmental harm or<br />

nuisance as defined in the Environmental Management and Pollution Control Act<br />

1994.<br />

External Referrals<br />

Burnie Airport Corporation<br />

A referral was sent to Burnie Airport Corporation (BAC) on the 20 September, 2012. A<br />

response was received on the 2 October 2012 requiring additional information. An<br />

additional information request was sent on 3 October 2012. <strong>Council</strong> received advice<br />

from BAC on the 17 October 2012 that the additional information had satisfied their<br />

concerns and included conditions to be placed on any permit if approved, (see attached).<br />

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Planning Authority<br />

Advertising<br />

The application was advertised for a period of 14 days in accordance with the provisions<br />

of the Land Use Planning and Approvals Act, 1993. During the advertising period, <strong>Council</strong><br />

received no representations.<br />

3.0 SCHEME OPERATION AND ADMINISTRATION<br />

STATUS <strong>OF</strong> USE AND DEVELOPMENT<br />

The utilities use class is a primary use class in the Primary Industries Zone. The<br />

application is however, discretionary as it relies on assessment against performance<br />

criteria in relation to the following matters:<br />

<br />

<br />

Clause 9.4.1, Issue 11, 11.1(b) – Design and Form - Setbacks<br />

Clause 22.2.1 (b) Telecommunications infrastructure requiring planning approval<br />

in accordance with Section 57 of the Land Use Planning and Approvals Act<br />

PLANNING ASSESSMENT<br />

Primary Industries Zone<br />

9.1 Values of the zone<br />

9.1.1 This zone incorporates predominantly primary industry related use or<br />

development of significant tracts of land from the coast through to the<br />

southern extremities of the planning area. It includes land used for<br />

farming, forestry, quarrying or mineral extraction processing works and a<br />

range of non-urban uses such as roads and rail networks, electricity<br />

distribution lines, water supply utilities and the like on private land, State<br />

Reserves, State Forests and Crown Land.<br />

9.1.2 The values associated with each of the areas in the zone are specified in<br />

Part 2 of the planning scheme.<br />

9.2 Intent of the zone<br />

(a) To protect and allow for the sustainable use and development of the<br />

natural and non-natural resources on which agriculture, aquaculture,<br />

forestry and mining depend; and<br />

(b)<br />

To allow a range of other uses in ways and in locations that do not affect<br />

the viability of use or development associated with the primary uses of<br />

the zone.<br />

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Planning Authority<br />

Planning Comment:<br />

The values and intent of the zone recognise its primary intent for use for resource based<br />

production but also that the land is used for a range of utilities services. Whilst<br />

broadband services are not specifically mentioned, they are a utilities service required in<br />

both urban and non-urban areas and as such some of the supply network will occur in<br />

non-urban areas. The proposal to erect the NBN Wireless Facility enclosed in a 60m2<br />

area, will not remove a significant area of agricultural land from production nor will it<br />

inhibit production on surrounding land given it is not a sensitive use. Further, the land to<br />

which the proposal relates is not identified as prime agricultural land.<br />

9.4.1 Issue 3.0:- Infrastructure Provision<br />

Objective: To ensure that the cost of providing infrastructure to uses or new developments is not unreasonably<br />

borne by the community.<br />

Acceptable Solution<br />

Performance Criteria<br />

3.1 Where a use or development involves more that<br />

low-level use in the demand for infrastructure<br />

service capacity, the entire cost of the added<br />

burden on the service capacity of public<br />

infrastructure, that will be imposed by that use or<br />

development is to be paid for by the person<br />

undertaking the use or development.<br />

Planning Comments:<br />

3.1 Where a use or development involves more than<br />

low-level use in the demand for infrastructure<br />

services capacity, the person undertaking the use<br />

or development must demonstrate to the<br />

planning authority that meeting the entire cost is<br />

unreasonable and that a contribution towards<br />

the cost of that infrastructure, commensurate<br />

with the service capacity that will be utilised, is<br />

appropriate.<br />

The proposed facility is in itself a piece of community infrastructure. However, it is noted that the cost of access<br />

and electricity to be provided to the facility will be borne by the proponent and this will be enforced by way of a<br />

permit condition. Compliance with AS 3.1 is therefore achieved.<br />

9.4.1 Issue 11.0:– Design and Form<br />

Objective: To design and site rural buildings in a manner that protects rural amenity and maintains appropriate<br />

rural character.<br />

Acceptable Solution<br />

Performance Criteria<br />

11.1 Building that are not occupied by sensitive uses<br />

and to be setback a minimum of:-<br />

(a) 30 metres from a road boundary (unless a<br />

greater setback from Category I, II or III<br />

road is required in accordance with Table<br />

14.2.1 Issue 5.0:- Setbacks for Buildings<br />

and Structures.); and<br />

(b) 10 metres from any other boundary.<br />

11.1 The required setbacks may be varied where it can<br />

be demonstrated that:<br />

(a) the location of proposed building or<br />

structures compliments the setbacks of<br />

existing buildings or structures in the<br />

immediate area; or<br />

(b) the design and location of proposed<br />

buildings or structures compliments the<br />

amenity and character of the locality and<br />

is not visually intrusive; or<br />

(c) the design of the proposed building or<br />

structures minimises the earth works<br />

associated with construction and<br />

responds appropriately to the particular<br />

size, shape, contours or slope of the land.<br />

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Planning Authority<br />

11.2 The maximum building height is 7.5 metres. 11.2 Building height may be varied where it is<br />

demonstrated that buildings or structures are<br />

designed and sited in a manner that does not<br />

result in a high level of contrast with the<br />

prevailing landscape elements. Matters to be<br />

considered include the shape, height, bulk,<br />

materials and colours of buildings and structures,<br />

and their appearance in relation to skylines, and<br />

to existing and proposed vegetation.<br />

Planning Comments:<br />

It is noted that the above provisions are only applicable to the extent they do not conflict with the provisions<br />

contained in Schedule 22 in accordance with Clause 22.2.2. In that context, the setback provisions are considered<br />

to be applicable as there are no setback provisions in Schedule 22. The height provisions are not applicable as<br />

Schedule 22 provides standards with respect to height. Further, this standard is considered to apply with respect<br />

to setbacks as even a utility installation meets the definition of building under Part 4 of the Planning Scheme.<br />

The proposed fixed wireless facility is proposed to be setback approximately 400 metres from Bourke Road,<br />

consistent with the Scheme’s requirements. The proposal however, will be located approximately 4 metres from<br />

the nearest property boundary, invoking discretion under Clause 11.1(b). Therefore reliance on the Performance<br />

Criteria 11.1 is sought with respect to the setback to the adjacent property boundary.<br />

In relation to Performance Criteria a) and b) above, the proposal is consistent with front setbacks, and due to the<br />

ad-hoc nature of rural settlement, there no other development patterns that the proposal is required to conform<br />

to. Due to the topography of the land which slopes up from Bourke Road from the south and the east of the site,<br />

and due to the location of existing standing vegetation, the base of the facility will not be visible from the road.<br />

The top of the tower will be visible from these locations, and will be relatively prominent in the landscape from a<br />

short distance away. The tower will also be visible from certain vantage points in the township of Yolla, however,<br />

albeit at a significant distance. It is acknowledged, however, that in order for these facilities to operate they<br />

need to achieve a substantial height, and although from some locations the tower will be prominent in the<br />

landscape, it will be reasonably light weight and will not be unduly prominent or obtrusive in the landscape.<br />

With respect to C), the construction requires minimal earthworks to a small area of land and is considered<br />

acceptable.<br />

22.0 TELECOMMUNICATIONS AND INFRASTRUCTURE SCHEDULE<br />

22.1 PRINCIPLES<br />

22.1.1 (a) To accommodate the provision of telecommunications<br />

infrastructure to allow equitable access by all residents, whilst<br />

minimising the impact of such infrastructure on community values<br />

in accordance with the objectives of the Resource Management<br />

and Planning System.<br />

(b) To encourage co-location and sharing of facilities, where such<br />

capacity exists, and where doing so will not compromise the<br />

objectives as stated in Appendix 1.<br />

(c) To ensure proposals for the installation of telecommunications<br />

infrastructure form part of a local or regional network plan to<br />

enable consideration of the proposal on a broader and potentially<br />

regional basis.<br />

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Planning Authority<br />

22.2 USE OR DEVELOPMENT<br />

22.2.1 (a) Any development in compliance with Section 3 of this Schedule is<br />

deemed to be exempt and does not require planning approval.<br />

(b) All other development requires planning approval and is required<br />

to demonstrate compliance with the objectives as specified in<br />

Appendix 1 of this Schedule and to which the provisions of Section<br />

57 of the Land Use Planning and Approvals Act 1993 apply.<br />

22.5. APPENDICES<br />

22.5.1 Appendix 1<br />

OBJECTIVES PERFORMANCE CRITERIA ASSESSMENT<br />

Visual amenity<br />

To minimise any detrimental impact<br />

upon the visual amenity of a locality<br />

The location of infrastructure is<br />

within existing utility corridors and<br />

Complies - There were no suitable<br />

co-location facilities within the area<br />

by reducing prominence of sites and uses existing within which the tower needs to be<br />

telecommunications infrastructure infrastructure, unless a need to do<br />

otherwise is demonstrated.<br />

sited. Given the purpose of the<br />

facility is to provide broadband<br />

services to the rural area, their<br />

location need to meet a number of<br />

criteria to ensure good coverage of<br />

the service. The need to located the<br />

tower at the subject site has been<br />

adequately addressed in the report<br />

accompanying the application.<br />

Aerial telecommunication lines or<br />

additional supporting structures are<br />

erected and operated in residential<br />

and commercial areas only where<br />

overhead cables operated by other<br />

utilities are in existence.<br />

N/A the site is not located in a<br />

residential or commercial area.<br />

Best practice methods are used to<br />

reduce the visual impact of<br />

infrastructure or to conceal<br />

infrastructure within the<br />

surrounding natural or built<br />

environment.<br />

Complies – A description of the<br />

visual impact of the proposal has<br />

been outlined in the assessment of<br />

the proposal against the Zone<br />

provisions. The key features in<br />

terms of minimising the facility’s<br />

visual impact is its 400m setback<br />

from Bourke Road, the existing<br />

vegetative screening and the<br />

elevated positioning of the base of<br />

the facility from surrounding roads.<br />

It is also located in excess of 1.5<br />

kilometres from Murchison Highway<br />

and the Yolla township.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 301


Planning Authority<br />

Clearing for infrastructure corridors<br />

and facilities is minimised to limit<br />

visible prominence while<br />

responding to functional and safety<br />

requirements.<br />

Infrastructure:<br />

avoids skyline positions (i.e. where<br />

a structure would be seen in<br />

silhouette);<br />

crosses hills diagonal to the<br />

principal slope or<br />

crosses at the low point of a<br />

saddle between hills; or<br />

is located around the base of<br />

hills or along the edge of<br />

existing clearings;<br />

unless a need to do otherwise is<br />

demonstrated.<br />

Equipment housing and other<br />

visually intrusive infrastructure is<br />

screened or concealed from public<br />

areas.<br />

The height of freestanding aerials,<br />

towers and masts is within the<br />

following limits:<br />

rural areas 60m<br />

industrial areas 45m<br />

commercial areas 40m<br />

residential areas 20m<br />

Complies – No clearing is proposed<br />

as part of the application.<br />

Complies – The proposal is<br />

generally consistent with these<br />

requirements. The tower is not<br />

proposed to be located on a skyline<br />

or ridgeline position. It is located<br />

in an elevated position, however,<br />

as outlined the towers is required<br />

to be of a certain height to enable<br />

them to operate effectively within<br />

their own infrastructure network.<br />

As discussed, the proposed tower<br />

is not expected be unduly<br />

obtrusive in the landscape, and,<br />

given their operational<br />

requirements, the application is<br />

considered to demonstrate the<br />

need to locate the tower as<br />

proposed.<br />

Complies – the base of the tower is<br />

considered to be screened<br />

effectively from public areas,<br />

namely Bourke Road and<br />

Murchison Highway / Yolla. The<br />

location and screening measures<br />

used to achieve this have been<br />

outlined previously in this report.<br />

Complies - The height of the tower<br />

is to be 40 metres with a slimline<br />

pole.<br />

Telecommunications infrastructure<br />

may only exceed specified height<br />

limits if:<br />

a pattern of infrastructure or<br />

vegetation above the specified<br />

height limit exists in a particular<br />

location; and<br />

it has no adverse impact on heritage<br />

or ecological values or visual<br />

amenity.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 302


Planning Authority<br />

To protect important public views<br />

such as vistas to significant public<br />

buildings, streetscapes and heritage<br />

areas.<br />

To avoid obstruction of private<br />

views from the building<br />

line/principal windows by<br />

telecommunication lines.<br />

Residential amenity<br />

To protect residential amenity<br />

Environmental values<br />

To protect threatened species or<br />

species at risk of becoming a<br />

threatened species (as defined in<br />

the Threatened Species Protection<br />

Act 1995) and the habitats,<br />

ecological communities or places<br />

essential to their continuing<br />

existence.<br />

To protect areas identified as<br />

having significant natural values.<br />

To protect flora and fauna, habitats<br />

and ecological communities.<br />

Land stability<br />

To ensure that telecommunications<br />

infrastructure does not cause land<br />

instability.<br />

Telecommunications infrastructure<br />

does not intrude into identified<br />

important public views or measures<br />

are taken to minimise intrusion.<br />

Placement of telecommunication<br />

lines avoids or minimises<br />

obstruction of private views.<br />

Infrastructure servicing a network<br />

(facilities not requiring installation<br />

on an individual street basis) is not<br />

located in residential areas unless a<br />

need to do otherwise is<br />

demonstrated.<br />

The proposed infrastructure does<br />

not adversely impact on identified<br />

threatened species or species at risk<br />

of becoming a threatened species.<br />

The proposed infrastructure does<br />

not adversely affect areas identified<br />

as having significant natural values.<br />

The proposed infrastructure uses<br />

best practice environmental<br />

management to minimise harm to<br />

the environment.<br />

Telecommunications infrastructure<br />

(including specific access routes)<br />

does not cause erosion or cause<br />

land instability during installation<br />

and operation.<br />

Telecommunications infrastructure<br />

is not located in areas of known<br />

unstable land where the risk is<br />

identified as unacceptable for<br />

development or installation of<br />

infrastructure.<br />

Complies - There are no identified<br />

important public views to the site.<br />

The proposal does not relate to the<br />

erection of telecommunication lines<br />

and is therefore not applicable to<br />

the assessment. It is noted that, of<br />

the proposal’s impact on the<br />

adjacent dwelling, the vegetative<br />

screen located on the eastern side<br />

of the proposed tower will shield<br />

the base of the facility from the<br />

dwelling.<br />

Not Applicable<br />

Complies - The report<br />

accompanying the DA has<br />

confirmed that a search of the EPBC<br />

revealed that no vulnerable or<br />

endangered species of flora or<br />

fauna are likely to exist in the<br />

vicinity of the proposal site. No<br />

vegetation is proposed to be<br />

removed to facilitate the use and<br />

development of the facility,<br />

therefore endemic flora and fauna<br />

will largely be unaffected.<br />

Not Applicable – the site has not<br />

been identified as having significant<br />

natural values.<br />

Complies – best practice<br />

environmental management is to<br />

be adopted to minimise harm to<br />

the environment.<br />

Complies- the subject site is not a<br />

known area of unstable land.<br />

Erosion and sediment control<br />

mitigation measures will be<br />

detailed in construction<br />

management plans that will be<br />

assessed as part of the Building<br />

Approvals process.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 303


Planning Authority<br />

Agricultural land<br />

To protect the productive capacity<br />

and efficient farming operations of<br />

agricultural land.<br />

Heritage values<br />

To protect items, places or areas<br />

identified as having aboriginal,<br />

natural, cultural, or maritime<br />

heritage significance.<br />

Access<br />

To ensure that telecommunications<br />

infrastructure does not impede<br />

movement of vehicular and other<br />

modes of transport.<br />

Infrastructure installation and<br />

operation does not degrade or<br />

restrict the productive capacity of<br />

agricultural land.<br />

Infrastructure is placed on property<br />

boundaries or fence lines (not<br />

including road alignment<br />

boundaries).<br />

Proposals for construction and<br />

operation of telecommunications<br />

infrastructure are approved by the<br />

Tasmanian Heritage <strong>Council</strong> in<br />

accordance with the requirements<br />

of the Historic Cultural Heritage Act<br />

1995 and/or are consistent with<br />

recommendations by the Aboriginal<br />

Heritage Section of DELM.<br />

The location of aerial<br />

telecommunications infrastructure<br />

allows adequate clearance for<br />

vehicular traffic and will not pose a<br />

danger or encumbrance to other<br />

land users or aircraft.<br />

The compound housing the<br />

infrastructure is located along a<br />

boundary with an adjacent<br />

property. Comprising a small area of<br />

60m 2 the facility will result in a<br />

negligible loss of agricultural land<br />

overall. The proposal will not<br />

impact on agricultural capability of<br />

surrounding land, as it will not<br />

result in fettering and does not<br />

comprise a sensitive use.<br />

Complies - The subject site is not on<br />

the Tasmanian Heritage Register<br />

and the applicants have included a<br />

letter from Aboriginal Heritage<br />

Tasmania confirming that they have<br />

completed a search of the<br />

Tasmanian Aboriginal Site Index and<br />

there is no record of any heritage<br />

sites within or close to the property<br />

and that further due to the small<br />

scale of the facility, it is believed<br />

there is a low probability of<br />

Aboriginal Heritage being impacted.<br />

There was no requirement for<br />

further Aboriginal Heritage<br />

Investigations.<br />

Complies - The proposed facility will<br />

allow adequate clearance for<br />

vehicular traffic and will not pose a<br />

danger or encumbrance to other<br />

land users or aircraft. It is noted<br />

that the application has been<br />

referred to the Burnie Airport<br />

Corporation and they have<br />

indicated there are no issues from<br />

their perspective.<br />

Part Schedule Assessment<br />

Part 12.0 Siting of Development Schedule Application meets the Standards of this part.<br />

Part 13.0 Heritage Schedule Not Applicable to this application.<br />

Part 14.0 Road Asset Schedule Not Applicable to this application.<br />

Part 15.0 Standard Attenuation Distances Schedule Not Applicable to this application.<br />

Part 16.0 Wetlands & Waterways Schedule Not Applicable to this application.<br />

Part 17.0 Car Parking and Access Schedule Application meets the Standards for this part.<br />

Part 18.0 Bushfire Prone Areas Schedule Not Applicable to this application.<br />

Part 19.0 Signs Schedule Not Applicable to this application.<br />

Part 20.0 Potentially Contaminated Land Schedule Not Applicable to this application.<br />

Part 21.0 Local Area Plans Schedule Not Applicable to this application.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 304


Planning Authority<br />

STATUTORY IMPLICATIONS<br />

Statutory Requirements<br />

The application is subject to the following statutory instruments:<br />

The Telecommunications Act;<br />

Telecommunications Code of Practice 1997;<br />

State Policy on the Protection of Agricultural Land 2009;<br />

Land Use Planning & Approvals Act 1993; and<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> Planning Scheme 2000.<br />

STRATEGIC IMPLICATIONS<br />

There are no significant strategic implications identified.<br />

POLICY IMPLICATIONS<br />

There are no significant policy implications identified.<br />

FINANCIAL IMPLICATIONS<br />

Financial costs may arise in relation to any appeal against the determination of the<br />

application by the Planning Authority.<br />

RISK IMPLICATIONS<br />

There is a risk that the applicant may appeal the determination of the Planning Authority<br />

to the Resource Management and Planning Appeal Tribunal.<br />

CONSULTATION PROCESS<br />

N/A.<br />

COMMENT<br />

The proposal comprises a 40 metre high monopole and ancillary components including<br />

one (1) current and one (1) future standard NBN outdoor cabinet (1464mm x 667mm x<br />

944mm) on a concrete slab enclosed within a secure compound which measures<br />

approximately 60m 2 in area.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 305


Planning Authority<br />

The proposed NBN Fixed Wireless facility at 631 East Yolla Road, Yolla would be<br />

connected to another site proposed at Mount Hicks and operate as part of a network of<br />

similar facilities.<br />

The use is classified as a Utilities Use Class under the <strong>Waratah</strong>-<strong>Wynyard</strong> Planning Scheme<br />

2000, which is a Primary use class in the Primary Industries Zone. The application relies<br />

on demonstration of achievement of Performance Criteria Part 9.0 Clause 9.4.1 Issue<br />

11.0 PC 11.1(b) and the application is also required to be assessed as discretionary in<br />

accordance with Clause 22.2.1 of the Telecommunications Schedule. This application is<br />

deemed to achieve all relevant Acceptable Solutions and Performance Criteria.<br />

It is therefore recommended that a NBN Fixed Wireless Facility – 40m High Monopole,<br />

Radio Transmission Equipment & Ancillary Equipment Cabinets – Reliance on<br />

Performance Criteria under the Primary Industries Zone Provisions at 631 East Yolla<br />

Road, Yolla, subject to conditions.<br />

MOVED BY<br />

SECONDED BY<br />

CR MOORE<br />

CR FRIEDERSDORFF<br />

That the Planning Authority grant approval for a NBN Fixed Wireless Facility – 40m High<br />

Monopole, Radio Transmission Equipment & Ancillary Equipment Cabinets – Reliance<br />

on Performance Criteria under the Primary Industries Zone Provisions at 631 East Yolla<br />

Road, Yolla, subject to the following conditions:-<br />

PART A CONDITIONS:<br />

1. The development/use, as shown on the endorsed plan(s) and described in the<br />

application, is not to be altered or modified for any reason without the consent<br />

of the Planning Authority.<br />

2. All costs associated with the proposed development including those related to<br />

infrastructure extensions or upgrades to <strong>Council</strong> assets are to be met by the<br />

Developer.<br />

3. Seven (7) days prior to the erection of the Tower, the applicant is to notify, in<br />

writing, the Burnie Airport Corporation of the intended erection day(s) and<br />

time(s).<br />

4. In the course of undertaking the development/use there is to be no damage<br />

caused to any <strong>Council</strong> owned infrastructure or property.<br />

5. Material or plant may be placed/located on a road, footpath, nature strip or<br />

other <strong>Council</strong>-owned or controlled land only in accordance with the conditions<br />

in a “Works in Road Reservation Permit”.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 306


Planning Authority<br />

6. Control measures are to be installed for the duration of the construction phase<br />

so as to limit the loss of soils and other debris from the site.<br />

7. This development/use is not to result in the generation of environmental harm<br />

or nuisance as defined in the Environmental Management and Pollution Control<br />

Act 1994.<br />

Note:<br />

1. A “Works within the Road Reservation” permit must be obtained from <strong>Council</strong><br />

for all activity within the Road Reservation.<br />

PART B CONDITIONS:<br />

1. The Tower is to be erected on the property at the exact coordinates as shown in<br />

the application must not exceed a maximum erected height (including any<br />

protrusions thereon (aerials etc)) of 40.0 metres, as above existing ground level;<br />

2. If the tower or any protrusions thereon infringe the Airport’s Obstacle<br />

Limitations Surface, at any time they are to be immediately removed; and<br />

3. Any lighting on the property is to comply with section 9.21 (Lighting in the<br />

Vicinity of Aerodromes) of the Civil Aviation Safety Authority, Manual of<br />

Standards Part 139 – Aerodromes.<br />

The MOTION was put and was CARRIED unanimously.<br />

IN FAVOUR<br />

MAYOR WALSH CR BRAMICH CR DEAKIN CR DIBLEY CR DUNIAM<br />

CR FAIRBROTHER CR FRIEDERSDORFF CR HAWKINS CR MOORE CR SMITH<br />

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Planning Authority<br />

11.5 NBN FIXED WIRELESS FACILITY – 30M HIGH MONOPOLE, RADIO TRANSMISSION<br />

EQUIPMENT & ANCILLARY EQUIPMENT CABINETS – RELIANCE ON PERFORMANCE<br />

CRITERIA UNDER PRIMARY INDUSTRIES ZONE PROVISIONS – 883 PREOLENNA ROAD,<br />

MOORLEAH – DA 126/2012<br />

To:<br />

<strong>Council</strong><br />

Reporting Officer: Consultant Town Planner<br />

Responsible Manager: Executive Manager Development Services<br />

Report Date: 31 October 2012<br />

File Reference: 7892654<br />

Enclosures:<br />

Development Application Form<br />

Supporting Letter 7 September 2012<br />

Owners Consent<br />

Burnie Airport Corporation Letter 16 September 2012<br />

Planning Report<br />

PURPOSE<br />

The report is to enable the Planning Authority to determine an application that has been<br />

made to erect a NBN Fixed Wireless Facility – 30m High Monopole, Radio Transmission<br />

Equipment & Ancillary Equipment Cabinets at 883 Preolenna Road, Moorleah.<br />

BACKGROUND<br />

The subject property (CT 138601/1) is 25.91 ha in area and the proposed new accessed is<br />

from Preolenna Road, Moorleah.<br />

The subject site is surrounded by land within the Primary Industries Zone. The land<br />

associated with the property is Class 2 according to available land capability mapping.<br />

The Land suited to a wide range of intensive cropping and grazing activities with slight<br />

limitations to use.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 358


Planning Authority<br />

Photograph 1 – Aerial photograph (Source: The LIST)<br />

DETAILS<br />

Application<br />

The applicant is seeking to establish the development of a telecommunications facility,<br />

comprising a 30 metre high monopole and ancillary components on a concrete slab<br />

enclosed within a secure compound which measures approximately 60m 2 in area.<br />

The proposed NBN Fixed Wireless facility at 883 Preolenna Road, Moorleah would be<br />

associated with another site proposed at <strong>Wynyard</strong> West. The applicant has provided the<br />

following detail to explain how the facilities link up:<br />

“Mount Hicks is a fibre hub site that while providing coverage to the surrounding area also<br />

provides signal transmission to three other sites at Yolla, Round Hill and Doctors Rocks. Fibre hub<br />

sites are an important link in the overall system requiring access to the NBN Co fibre transit<br />

cabling and to be located roughly midway between two or more key receiving sites. Furthermore,<br />

the fibre hub site must have line-of-sight between itself and the receiving sites. Each of the sites<br />

Mount Hicks transmits to will also provide NBN fixed wireless coverage to a large number of<br />

businesses and residences.<br />

Yolla and Moorleah are also part of wider networks of fixed wireless connections and will provide<br />

NBN fixed wireless coverage to a substantial number of businesses and residences in rural areas<br />

of <strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong>.”<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 359


Planning Authority<br />

The proposed monopole features a circular headframe at the top of the monopole<br />

accommodating three (3) x panel antennas measuring approximately 1180mm x 300mm<br />

x 115mm. One (1) 600mm diameter transmission dish antenna will also be provided at a<br />

height of 28 metres connected to another site proposed at <strong>Wynyard</strong> West.<br />

The use is classified as a Utilities Use Class under the <strong>Waratah</strong>-<strong>Wynyard</strong> Planning Scheme<br />

2000, which is a Primary use class in the Primary Industries Zone.<br />

Internal Referrals<br />

Executive Manager Engineering Services<br />

1. In the course of undertaking the development/use there is to be no damage<br />

caused to any <strong>Council</strong> owned infrastructure or property.<br />

2. Material or plant may be placed/located on a road, footpath, nature strip or other<br />

<strong>Council</strong>-owned or controlled land only in accordance with the conditions in a<br />

“Works in Road Reservation Permit”.<br />

3. A bitumen sealed access road/driveway is to be constructed from the edge of<br />

the bitumen sealed pavement of Preolenna Road to the property boundary in<br />

accordance with Tasmanian <strong>Council</strong>s’ Subdivision Standard Drawing SD-1009<br />

and the conditions in a “Works in Road Reservation Permit”. A sealed swale<br />

drain may be constructed in lieu of a culvert.<br />

4. Suitable sight benching and vegetation removal either side of access<br />

road/driveway to improve sight to the satisfaction of the Executive Manager<br />

Engineering Services.<br />

Note:<br />

1. A “Works within the Road Reservation” permit must be obtained from <strong>Council</strong> for<br />

all activity within the Road Reservation.<br />

Environmental Health Officer<br />

1. Control measures are to be installed for the duration of the construction phase so<br />

as to limit the loss of soils and other debris from the site.<br />

2. This development/use is not to result in the generation of environmental harm or<br />

nuisance as defined in the Environmental Management and Pollution Control Act<br />

1994.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 360


Planning Authority<br />

External Referrals<br />

Burnie Airport Corporation<br />

A referral was sent to Burnie Airport Corporation (BAC) on the 20 September, 2012. A<br />

response was received on the 2 October 2012 requiring additional information. An<br />

additional information request was sent on 3 October 2012. <strong>Council</strong> received advice<br />

from BAC on the 17 October 2012 that the additional information had satisfied their<br />

concerns and included conditions to be placed on any permit if approved, (see attached).<br />

Advertising<br />

The application was advertised for a period of 14 days in accordance with the provisions<br />

of the Land Use Planning and Approvals Act, 1993. During the advertising period, <strong>Council</strong><br />

received no representations.<br />

STATUS <strong>OF</strong> USE AND DEVELOPMENT<br />

The utilities use class is a primary use class in the Primary Industries Zone. The<br />

application is however, discretionary as it relies on assessment against performance<br />

criteria in relation to the following matters:<br />

<br />

<br />

<br />

Clause 9.4.1, Issue 2.0 – Prime Agricultural Land<br />

Clause 9.4.1, Issue 11.1 – Design and Form<br />

Clause 22.2.1 (b) Telecommunications infrastructure requiring planning approval in<br />

accordance with Section 57 of the Land Use Planning and Approvals Act<br />

PLANNING ASSESSMENT<br />

1.0 Primary Industries Zone<br />

9.1 Values of the zone<br />

9.1.1 This zone incorporates predominantly primary industry related use or<br />

development of significant tracts of land from the coast through to the<br />

southern extremities of the planning area. It includes land used for<br />

farming, forestry, quarrying or mineral extraction processing works and a<br />

range of non-urban uses such as roads and rail networks, electricity<br />

distribution lines, water supply utilities and the like on private land, State<br />

Reserves, State Forests and Crown Land.<br />

9.1.2 The values associated with each of the areas in the zone are specified in<br />

Part 2 of the planning scheme.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 361


Planning Authority<br />

9.2 Intent of the zone<br />

(a) To protect and allow for the sustainable use and development of the<br />

natural and non-natural resources on which agriculture, aquaculture,<br />

forestry and mining depend; and<br />

(b)<br />

To allow a range of other uses in ways and in locations that do not affect<br />

the viability of use or development associated with the primary uses of<br />

the zone.<br />

Planning Comment :<br />

The values and intent of the zone recognise its primary intent for use for resource based<br />

production but also that the land is used for a range of utilities services. Whilst<br />

broadband services are not specifically mentioned, they are a utilities service required in<br />

both urban and non-urban areas and as such some of the supply network will occur in<br />

non-urban areas. The proposal to erect the NBN Wireless Facility enclosed in a 60m 2<br />

area, will not remove a significant area of agricultural land from production nor will it<br />

inhibit production on surrounding land given it is not a sensitive use. The location of the<br />

compound adjacent to a fence line will further assist in reducing the impact of the loss of<br />

agricultural land.<br />

9.4.1 Issue 2.0:- Prime Agricultural Land<br />

Objective: To ensure that animal and crop production has priority in accessing prime agricultural land and is not<br />

fettered by the existence of activities which are not directly dependant on the soil resource.<br />

Acceptable Solution<br />

Performance Criteria<br />

2.1 Use or development to be located on prime<br />

agricultural land (as defined under the<br />

Tasmanian Land Capability Classification System)<br />

must be directly dependant on the soil resource<br />

as a growth media. This includes animal and<br />

crop production, including intensive tree farming<br />

and plantation forestry, but excludes intensive<br />

animal uses such as feedlots, piggeries, poultry<br />

farms and plant nurseries based on either<br />

hydroponics or imported growth media.<br />

2.1 Use or development not directly dependant on the<br />

soil resource as a growth media may be<br />

considered where:<br />

(a) The application is accompanied by a Land<br />

Capability Assessment Report prepared by<br />

a suitably qualified person; and<br />

(b) It is proposed to erect a house or other<br />

building which are directly associated with<br />

furthering the agricultural use of the land<br />

and will not result in the fettering of<br />

existing or future agricultural activities; or<br />

(c) The proposal is for the expansion of a use or<br />

development existing as at 28 April 1999<br />

and the applicant is able to demonstrate<br />

that:<br />

(i) the relocation of the use or<br />

development to land that is not<br />

prime agricultural land is neither<br />

reasonable or practicable; and<br />

(ii) the expansion will not result in the<br />

fettering of existing or future<br />

agricultural activities;<br />

or<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 362


Planning Authority<br />

Planning Comments:<br />

(d)<br />

or<br />

(e)<br />

or<br />

(f)<br />

The proposal is for a use or<br />

development in the resource development,<br />

business and civic, industrial or utilities use<br />

classes and an overriding need for the use<br />

or development in terms of community<br />

benefit can be demonstrated and no other<br />

suitable sites are available;<br />

The proposal is for a dwelling on a lot of not<br />

more than 2.5ha where the subdivision of<br />

the lot was approved prior to 28 April<br />

1999, and the land was previously zoned<br />

rural-residential in the superseded<br />

planning scheme or clearly alienated from<br />

agricultural use by neighbouring existing<br />

rural-residential development;<br />

The proposal is for a use or development in<br />

the resource development, business &<br />

civic, industrial or utilities classes which<br />

utilises and existing building and its<br />

curtilage that has effectively converted the<br />

land from further agricultural use and the<br />

operation of the new use or development<br />

will not result in the fettering of existing or<br />

future agricultural uses in the vicinity.<br />

The proposed NBN Fixed Wireless Facility is to be located on Class 2, prime agricultural land. The facility is not<br />

dependent on the soil resource as a growth media and therefore it does not meet Acceptable Solution 2.1<br />

Assessment against the corresponding Performance Criteria is therefore required. The proposal is assessed as<br />

meeting PC (d) as it is classified in the Utilities use class and there is an overriding need for the facility in terms of<br />

public benefit. The Monotower will form part of the fixed wireless service that makes up the National Broadband<br />

Network. The NBN is a Federal Government initiative to build and operate a network to deliver high speed<br />

broadband services to be delivered to all Australian households, businesses and enterprises through a<br />

combination of fibre, wireless and satellite technology.<br />

NBN Co identifies an area where the requirement for a fixed wireless broadband facility would be highest and<br />

undertakes a preliminary investigation in conjunction with its planning and property consultants, radiofrequency<br />

engineers and designers in order to identify possible locations and options to locate a facility. Issues taken into<br />

account when determining a site within a ‘search area’ include:<br />

Visual amenity<br />

Potential co-location opportunities<br />

Occupational health and safety issues<br />

Construction issues<br />

Topographical constraints<br />

Legislative policy constraints<br />

Environmental impacts and<br />

Cost implications<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 363


Planning Authority<br />

There is a 15m high Telstra Monopole 60 metres from the subject site which NBN Co considered using as a colocation<br />

site. According to the information lodged with the proposal, the co-location was not a viable option given<br />

the upgrades needed and the impact they would have on Telstra services. Thus the subject site was chosen as<br />

being a good alternative given its close proximity to the Telstra tower.<br />

A second alternative site identified in the search area was considered, being 3 Lapoinya Rd. However, this site<br />

would have required construction of a 200m access track and the landowner was unwilling to give consent thus<br />

this site not was further progressed.<br />

The subject site was selected due to the following attributes:<br />

A local high spot, which provides line of sight to other planned sites in the NBN wireless network;<br />

Sufficiently setback from adjoining properties and public view sheds as to not cause an unreasonable visual or<br />

amenity impact.<br />

Taking into account the above information, the use of a small portion of class 3 land on the subject site for a<br />

utilities installation is considered acceptable. The proposal therefore complies with the performance<br />

criteria.<br />

9.4.1 Issue 3.0:- Infrastructure Provision<br />

Objective: To ensure that the cost of providing infrastructure to uses or new developments is not unreasonably<br />

borne by the community.<br />

Acceptable Solution<br />

Performance Criteria<br />

3.1 Where a use or development involves more that<br />

low-level use in the demand for infrastructure<br />

service capacity, the entire cost of the added<br />

burden on the service capacity of public<br />

infrastructure, that will be imposed by that use<br />

or development is to be paid for by the person<br />

undertaking the use or development.<br />

Planning Comments:<br />

3.1 Where a use or development involves more than<br />

low-level use in the demand for infrastructure<br />

services capacity, the person undertaking the use<br />

or development must demonstrate to the<br />

planning authority that meeting the entire cost is<br />

unreasonable and that a contribution towards<br />

the cost of that infrastructure, commensurate<br />

with the service capacity that will be utilised, is<br />

appropriate.<br />

The proposed facility is in itself a piece of community infrastructure. However, it is noted that the cost of access<br />

and electricity to be provided to the facility will be borne by the proponent and this will be enforced by way of<br />

permit condition. Compliance with AS 3.1 is therefore achieved.<br />

9.4.1 Issue 11.0:– Design and Form<br />

Objective: To design and site rural buildings in a manner that protects rural amenity and maintains appropriate<br />

rural character.<br />

Acceptable Solution<br />

Performance Criteria<br />

11.1 Building that are not occupied by sensitive uses 11.1 The required setbacks may be varied where it can<br />

and to be setback a minimum of:-<br />

be demonstrated that:<br />

(a) 30 metres from a road boundary (unless a<br />

greater setback from Category I, II or III road is<br />

required in accordance with Table 14.2.1 Issue<br />

5.0:- Setbacks for Buildings and Structures.); and<br />

(b) 10 metres from any other boundary.<br />

(a) the location of proposed building or<br />

structures compliments the setbacks of existing<br />

buildings or structures in the immediate area; or<br />

(b) the design and location of proposed<br />

buildings or structures compliments the<br />

amenity and character of the locality and is not<br />

visually intrusive; or<br />

(c) the design of the proposed building or<br />

structures minimises the earth works associated<br />

with construction and responds appropriately to<br />

the particular size, shape, contours or slope of<br />

the land.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 364


Planning Authority<br />

11.2 The maximum building height is 7.5 metres. 11.2 Building height may be varied where it is<br />

demonstrated that buildings or structures are designed<br />

and sited in a manner that does not result in a high<br />

level of contrast with the prevailing landscape<br />

elements. Matters to be considered include the shape,<br />

height, bulk, materials and colours of buildings and<br />

structures, and their appearance in relation to skylines,<br />

and to existing and proposed vegetation.<br />

Planning Comments:<br />

It is noted that the above provisions are only applicable to the extent they do not conflict with the provisions<br />

contained in Schedule 22 in accordance with Clause 22.2.2. In that context, the setback provisions are considered<br />

to be applicable as there are no setback provisions in Schedule 22. The height provisions are not applicable as<br />

Schedule 22 provides standards with respect to height. Further, this standard is considered to apply with respect<br />

to setbacks as even a utility installation meets the definition of building under Part 4 of the Planning Scheme.<br />

The Whilst not a rural building, the facility<br />

The proposed fixed wireless facility is to be setback approximately 60 metres from Pages Rd and 15 metres from<br />

Preolenna Rd. It is setback in excess of 10 metres from other boundaries. Therefore reliance on the Performance<br />

Criteria 11.1 is sought with respect to the setback to Preolenna Rd.<br />

With respect to a) and b), there is another 15m high telecommunications monopole infrastructure facility within<br />

60 metres of the site, setback only 5 metres from Lapoinya Rd so the erection of a 30 m tower within 15 metres<br />

of a road setback is not out of context. Given that powerlines generally follow road corridors, it is not an<br />

unexpected view to see poles or towers from a road and therefore the proposal is considered to comply.<br />

With respect to C), the construction requires minimal earthworks to a small area of land and is considered<br />

acceptable.<br />

22.0 TELECOMMUNICATIONS AND INFRASTRUCTURE SCHEDULE<br />

22.1 PRINCIPLES<br />

22.1.1 (a) To accommodate the provision of telecommunications<br />

infrastructure to allow equitable access by all residents, whilst<br />

minimising the impact of such infrastructure on community values<br />

in accordance with the objectives of the Resource Management<br />

and Planning System.<br />

(b)<br />

(c)<br />

To encourage co-location and sharing of facilities, where such<br />

capacity exists, and where doing so will not compromise the<br />

objectives as stated in Appendix 1.<br />

To ensure proposals for the installation of telecommunications<br />

infrastructure form part of a local or regional network plan to<br />

enable consideration of the proposal on a broader and potentially<br />

regional basis.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 365


Planning Authority<br />

22.2 USE OR DEVELOPMENT<br />

22.2.1 (a) Any development in compliance with Section 3 of this Schedule is<br />

deemed to be exempt and does not require planning approval.<br />

(b)<br />

All other development requires planning approval and is required<br />

to demonstrate compliance with the objectives as specified in<br />

Appendix 1 of this Schedule and to which the provisions of Section<br />

57 of the Land Use Planning and Approvals Act 1993 apply.<br />

22.5. APPENDICES<br />

22.5.1 Appendix 1<br />

OBJECTIVES PERFORMANCE CRITERIA ASSESSMENT<br />

Visual amenity<br />

To minimise any detrimental impact<br />

upon the visual amenity of a locality<br />

The location of infrastructure is<br />

within existing utility corridors and<br />

Complies – As noted previously in<br />

this report, there is a Telstra tower<br />

by reducing prominence of sites and uses existing within 60m of the site. Given the<br />

telecommunications infrastructure infrastructure, unless a need to do<br />

otherwise is demonstrated.<br />

lack of information provided in the<br />

initial application as to why there<br />

could not be co-location of facilities,<br />

additional information was sought.<br />

The response from the applicant is<br />

as follows and is deemed to satisfy<br />

the performance criteria as without<br />

a willing landowner, co-location<br />

cannot occur:<br />

‘In order to provide the NBN<br />

coverage objectives for this area and<br />

to provide line-of-sight to receive a<br />

transmission signal from the<br />

<strong>Wynyard</strong> NBN facility a minimum<br />

pole height is required, 30m in the<br />

case of the current NBN application.<br />

In this instance, the existing Telstra<br />

pole is 15m in height, therefore<br />

what is referred to as a Level 1<br />

application was made to Telstra to<br />

ascertain what height would be<br />

available to NBN. All heights<br />

available were below 15m and the<br />

possibility of swapping out the<br />

existing pole for a larger pole is not<br />

something entertained by Telstra in<br />

the majority of cases because this<br />

results in an extended period where<br />

service is cut off to customers.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 366


Planning Authority<br />

Therefore, the possibility of<br />

upgrading the Telstra site in order to<br />

allow NBN to reach a suitable height<br />

in this location was not an option in<br />

this case.<br />

Aerial telecommunication lines or<br />

additional supporting structures are<br />

erected and operated in residential<br />

and commercial areas only where<br />

overhead cables operated by other<br />

utilities are in existence.<br />

Best practice methods are used to<br />

reduce the visual impact of<br />

infrastructure or to conceal<br />

infrastructure within the<br />

surrounding natural or built<br />

environment.<br />

Clearing for infrastructure corridors<br />

and facilities is minimised to limit<br />

visible prominence while<br />

responding to functional and safety<br />

requirements.<br />

Infrastructure:<br />

avoids skyline positions (i.e. where<br />

a structure would be seen in<br />

silhouette);<br />

crosses hills diagonal to the<br />

principal slope or crosses at the low<br />

point of a saddle between hills; or<br />

is located around the base of hills or<br />

along the edge of existing clearings;<br />

unless a need to do otherwise is<br />

demonstrated.<br />

Equipment housing and other<br />

visually intrusive infrastructure is<br />

screened or concealed from public<br />

areas.<br />

It is also important to note that due<br />

to both the difference in elevation of<br />

the Telstra site from the current DA<br />

site and the fact that Telstra reserve<br />

the top of any poles for their own<br />

infrastructure, in this case a higher<br />

tower of 40m would have been<br />

required if a swap out was to take<br />

place.’<br />

N/A the site is not located in a<br />

residential or commercial area.<br />

Complies – As per the applicant’s<br />

response:<br />

‘existing vegetation which extends<br />

to a height of approximately 10<br />

metres will assist in screening the<br />

proposed infrastructure. The<br />

monopole is also to be located along<br />

the Preolenna Road fence line where<br />

there are low voltage power lines<br />

which will reduce the impact of the<br />

infrastructure on the wider<br />

surrounds. ‘<br />

Not applicable – no clearing is<br />

required to facilitate the<br />

development.<br />

Complies – The proposed facility is<br />

not located in a position that will<br />

result in a silhouette and is located<br />

in an existing cleared area.<br />

Complies – the ground level<br />

infrastructure will be screened by<br />

existing vegetation.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 367


Planning Authority<br />

To protect important public views<br />

such as vistas to significant public<br />

buildings, streetscapes and heritage<br />

areas.<br />

To avoid obstruction of private<br />

views from the building<br />

line/principal windows by<br />

telecommunication lines.<br />

Residential amenity<br />

To protect residential amenity<br />

Environmental values<br />

To protect threatened species or<br />

species at risk of becoming a<br />

threatened species (as defined in<br />

the Threatened Species Protection<br />

Act 1995) and the habitats,<br />

ecological communities or places<br />

essential to their continuing<br />

existence.<br />

To protect areas identified as having<br />

significant natural values.<br />

To protect flora and fauna, habitats<br />

and ecological communities.<br />

The height of freestanding aerials,<br />

towers and masts is within the<br />

following limits:<br />

rural areas 60m<br />

industrial areas 45m<br />

commercial areas 40m<br />

residential areas 20m<br />

Telecommunications infrastructure<br />

may only exceed specified height<br />

limits if:<br />

a pattern of infrastructure or<br />

vegetation above the specified<br />

height limit exists in a particular<br />

location; and<br />

it has no adverse impact on heritage<br />

or ecological values or visual<br />

amenity.<br />

Telecommunications infrastructure<br />

does not intrude into identified<br />

important public views or measures<br />

are taken to minimise intrusion.<br />

Placement of telecommunication<br />

lines avoids or minimises<br />

obstruction of private views.<br />

Infrastructure servicing a network<br />

(facilities not requiring installation<br />

on an individual street basis) is not<br />

located in residential areas unless a<br />

need to do otherwise is<br />

demonstrated.<br />

The proposed infrastructure does<br />

not adversely impact on identified<br />

threatened species or species at risk<br />

of becoming a threatened species.<br />

The proposed infrastructure does<br />

not adversely affect areas identified<br />

as having significant natural values.<br />

The proposed infrastructure uses<br />

best practice environmental<br />

management to minimise harm to<br />

the environment.<br />

Complies - The height of the tower<br />

is to be 30 metres with a slimline<br />

pole which satisfies the maximum<br />

height of 60 metres for rural areas.<br />

Complies - There are no identified<br />

important public views to the site.<br />

Complies – The dwelling closest to<br />

the facility is oriented away from<br />

the monotower and as such its<br />

views will not be impacted.<br />

Not Applicable as the site is within<br />

a rural area.<br />

Complies - The report<br />

accompanying the DA has<br />

confirmed that a search of the EPBC<br />

revealed that no vulnerable or<br />

endangered species of flora or<br />

fauna are likely to exist in the<br />

vicinity of the proposal site. No<br />

vegetation is proposed to be<br />

removed to facilitate the use and<br />

development of the facility,<br />

therefore endemic flora and fauna<br />

will largely be unaffected.<br />

Not Applicable – the site has not<br />

been identified as having significant<br />

natural values.<br />

Complies – best practice<br />

environmental management is to<br />

be adopted to minimise harm to<br />

the environment.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 368


Planning Authority<br />

Land stability<br />

To ensure that telecommunications<br />

infrastructure does not cause land<br />

instability.<br />

Agricultural land<br />

To protect the productive capacity<br />

and efficient farming operations of<br />

agricultural land.<br />

Heritage values<br />

To protect items, places or areas<br />

identified as having aboriginal,<br />

natural, cultural, or maritime<br />

heritage significance.<br />

Access<br />

To ensure that telecommunications<br />

infrastructure does not impede<br />

movement of vehicular and other<br />

modes of transport.<br />

Telecommunications infrastructure<br />

(including specific access routes)<br />

does not cause erosion or cause<br />

land instability during installation<br />

and operation.<br />

Telecommunications infrastructure<br />

is not located in areas of known<br />

unstable land where the risk is<br />

identified as unacceptable for<br />

development or installation of<br />

infrastructure.<br />

Infrastructure installation and<br />

operation does not degrade or<br />

restrict the productive capacity of<br />

agricultural land.<br />

Infrastructure is placed on property<br />

boundaries or fence lines (not<br />

including road alignment<br />

boundaries).<br />

Proposals for construction and<br />

operation of telecommunications<br />

infrastructure are approved by the<br />

Tasmanian Heritage <strong>Council</strong> in<br />

accordance with the requirements<br />

of the Historic Cultural Heritage Act<br />

1995 and/or are consistent with<br />

recommendations by the Aboriginal<br />

Heritage Section of DELM.<br />

The location of aerial<br />

telecommunications infrastructure<br />

allows adequate clearance for<br />

vehicular traffic and will not pose a<br />

danger or encumbrance to other<br />

land users or aircraft.<br />

Complies- the subject site is not a<br />

known area of unstable land and the<br />

access road is existing.<br />

Erosion and sediment control<br />

mitigation measures will be detailed<br />

in construction management plans<br />

that will be assessed as part of the<br />

Building Approvals process.<br />

The compound housing the<br />

infrastructure is located along a<br />

fence line within the property to<br />

minimise impact on agricultural<br />

operations. A small area (60m 2 ) of<br />

agricultural land will be removed<br />

from production but the operation<br />

of the facility will not impact on<br />

surrounding agricultural operations<br />

as it is not a sensitive use.<br />

Complies - The subject site is not on<br />

the Tasmanian Heritage Register<br />

and the applicants have included a<br />

letter from Aboriginal Heritage<br />

Tasmania confirming that they have<br />

completed a search of the<br />

Tasmanian Aboriginal Site Index and<br />

there is no record of any heritage<br />

sites within or close to the property<br />

and that further due to the small<br />

scale of the facility, it is believed<br />

there is a low probability of<br />

Aboriginal Heritage being impacted.<br />

There was no requirement for<br />

further Aboriginal Heritage<br />

Investigations.<br />

Complies - The proposed facility will<br />

allow adequate clearance for<br />

vehicular traffic and will not pose a<br />

danger or encumbrance to other<br />

land users or aircraft. It is noted that<br />

the application has been referred to<br />

the Burnie Airport Corporation and<br />

they have indicated there are no<br />

issues from their perspective.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 369


Planning Authority<br />

Part Schedule Assessment<br />

Part 12.0 Siting of Development Schedule Application meets the Standards of this part.<br />

Part 13.0 Heritage Schedule Not Applicable to this application.<br />

Part 14.0 Road Asset Schedule Not Applicable to this application.<br />

Part 15.0 Standard Attenuation Distances Not Applicable to this application.<br />

Schedule<br />

Part 16.0 Wetlands & Waterways Schedule Not Applicable to this application.<br />

Part 17.0 Car Parking and Access Schedule Application meets the Standards for this part.<br />

Part 18.0 Bushfire Prone Areas Schedule Not Applicable to this application.<br />

Part 19.0 Signs Schedule Not Applicable to this application.<br />

Part 20.0 Potentially Contaminated Land Not Applicable to this application.<br />

Schedule<br />

Part 21.0 Local Area Plans Schedule Not Applicable to this application.<br />

STATUTORY IMPLICATIONS<br />

Statutory Requirements<br />

The application is subject to the following statutory instruments:<br />

The Telecommunications Act;<br />

Telecommunications Code of Practice 1997;<br />

State Policy on the Protection of Agricultural Land 2009;<br />

Land Use Planning & Approvals Act 1993; and<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> Planning Scheme 2000.<br />

STRATEGIC IMPLICATIONS<br />

There are no significant strategic implications identified.<br />

POLICY IMPLICATIONS<br />

There are no significant policy implications identified.<br />

FINANCIAL IMPLICATIONS<br />

Financial costs may arise in relation to any appeal against the determination of the<br />

application by the Planning Authority.<br />

RISK IMPLICATIONS<br />

There is a risk that the applicant or representor may appeal the determination of the<br />

Planning Authority to the Resource Management and Planning Appeal Tribunal.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 370


Planning Authority<br />

CONSULTATION PROCESS<br />

N/A.<br />

COMMENT<br />

The application involves the development of a telecommunications facility, comprising a<br />

30 metre high monopole and ancillary components on a concrete slab enclosed within a<br />

secure compound which measures approximately 60m 2 in area.<br />

The proposed NBN Fixed Wireless facility at 883 Preolenna Road, Moorleah would be<br />

connected to another site proposed at <strong>Wynyard</strong> West.<br />

The use is classified as a Utilities Use Class under the <strong>Waratah</strong>-<strong>Wynyard</strong> Planning Scheme<br />

2000, which is a Primary use class in the Primary Industries Zone. The application relies<br />

on demonstration of achievement of Performance Criteria Part 9.0 Clause 9.4.1 Issue 2.0<br />

PC 2.1(d), Part 9.0 Clause 9.4.1 Issue 11.0 PC 11.1 and. the application is also required to<br />

be assessed as discretionary in accordance with Clause 22.2.1 of the Telecommunications<br />

Schedule. This application is deemed to achieve all relevant Acceptable Solutions and<br />

Performance Criteria.<br />

It is therefore recommended that the Planning Authority grant approval for a NBN Fixed<br />

Wireless Facility – 30m High Monopole, Radio Transmission Equipment & Ancillary<br />

Equipment Cabinets – Reliance on Performance Criteria under the Primary Industries<br />

Zone Provisions at 883 Preolenna Road, Moorleah, subject to conditions.<br />

MOVED BY<br />

SECONDED BY<br />

CR FRIEDERSDORFF<br />

CR DUNIAM<br />

That the Planning Authority grant approval for a NBN Fixed Wireless Facility – 30m High<br />

Monopole, Radio Transmission Equipment & Ancillary Equipment Cabinets – Reliance<br />

on Performance Criteria under the Primary Industries Zone Provisions at 883 Preolenna<br />

Road, Moorleah, subject to the following conditions:-<br />

PART A CONDITIONS:<br />

1. The development/use, as shown on the endorsed plan(s) and described in the<br />

application, is not to be altered or modified for any reason without the consent<br />

of the Planning Authority.<br />

2. All costs associated with the proposed development including those related to<br />

infrastructure extensions or upgrades to <strong>Council</strong> assets are to be met by the<br />

Developer.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 371


Planning Authority<br />

3. Seven (7) days prior to the erection of the Tower, the applicant must notify, in<br />

writing, the Burnie Airport Corporation of the intended erection day(s) and<br />

time(s).<br />

4. In the course of undertaking the development/use there is to be no damage<br />

caused to any <strong>Council</strong> owned infrastructure or property.<br />

5. Material or plant may be placed/located on a road, footpath, nature strip or<br />

other <strong>Council</strong>-owned or controlled land only in accordance with the conditions<br />

in a “Works in Road Reservation Permit”.<br />

6. A bitumen sealed access road/driveway is to be constructed from the edge of<br />

the bitumen sealed pavement of Preolenna Road to the property boundary in<br />

accordance with Tasmanian <strong>Council</strong>s’ Subdivision Standard Drawing SD-1009<br />

and the conditions in a “Works in Road Reservation Permit”. A sealed swale<br />

drain may be constructed in lieu of a culvert.<br />

7. Suitable sight benching and vegetation removal either side of access<br />

road/driveway to improve sight to the satisfaction of the Executive Manager<br />

Engineering Services.<br />

8. Control measures are to be installed for the duration of the construction phase<br />

so as to limit the loss of soils and other debris from the site.<br />

9. This development/use is not to result in the generation of environmental harm<br />

or nuisance as defined in the Environmental Management and Pollution Control<br />

Act 1994.<br />

Note:<br />

1. A “Works within the Road Reservation” permit must be obtained from <strong>Council</strong><br />

for all activity within the Road Reservation.<br />

PART B CONDITIONS:<br />

1. The Tower must be erected on the property at the exact coordinates as shown<br />

in the application must not exceed a maximum erected height (including any<br />

protrusions thereon (aerials etc)) of 30.0 metres, as above existing ground level;<br />

2. If the tower or any protrusions thereon infringe the Airport’s Obstacle<br />

Limitations Surface, at any time they must be immediately removed; and<br />

3. Any lighting on the property must comply with section 9.21 (Lighting in the<br />

Vicinity of Aerodromes) of the Civil Aviation Safety Authority, Manual of<br />

Standards Part 139 – Aerodromes.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 372


Planning Authority<br />

The MOTION was put and was CARRIED<br />

DIVISION<br />

IN FAVOUR<br />

MAYOR WALSH CR BRAMICH CR DEAKIN CR DIBLEY CR DUNIAM<br />

CR FRIEDERSDORFF CR HAWKINS CR MOORE CR SMITH<br />

AGAINST<br />

CR FAIRBROTHER<br />

During discussion Cr Fairbrother queried what is the possibility and probably of colocation<br />

especially in relation to aspects of costs for existing providers and requested that<br />

the question be taken on notice?<br />

The question was taken on notice.<br />

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Planning Authority<br />

11.6 NBN FIXED WIRELESS FACILITY – 30M HIGH MONOPOLE, RADIO TRANSMISSION<br />

EQUIPMENT & ANCILLARY EQUIPMENT CABINET – RELIANCE ON PERFORMANCE<br />

CRITERIA UNDER PRIMARY INDUSTRIES ZONE PROVISIONS – 636 NUNNS ROAD,<br />

MOUNT HICKS – DA 127/2012<br />

To:<br />

<strong>Council</strong><br />

Reporting Officer: Consultant Town Planner<br />

Responsible Manager: Executive Manager Development Services<br />

Report Date: 31 October 2012<br />

File Reference: 7357328<br />

Enclosures:<br />

Development Application Form<br />

Supporting Letter 10 September 2012<br />

Owners Consent<br />

Burnie Airport Corporation Letter 16 September 2012<br />

Planning Report<br />

PURPOSE<br />

The report is to enable the Planning Authority to determine an application that has been<br />

made to erect a NBN Fixed Wireless Facility – 30m High Monopole, Radio Transmission<br />

Equipment & Ancillary Equipment Cabinet at 636 Nunns Road, Mount Hicks.<br />

BACKGROUND<br />

The subject property (CT 66811/1) is 18 ha in area and the proposed access for this<br />

application is via the existing informal access off Nunns Road, Mount Hicks.<br />

The subject site is surrounded by land within the Primary Industries Zone. The land<br />

associated with the property is Class 3 according to available land capability mapping.<br />

The land is suited to cropping and intensive grazing with moderate limitations to use.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 423


Planning Authority<br />

Photograph 1 – Aerial photograph (Source: The LIST)<br />

Nunns Road<br />

Mount Hicks Road<br />

DETAILS<br />

Application<br />

The applicant is seeking to establish the development of a telecommunications facility,<br />

comprising a 30 metre high monopole and ancillary components including one (1)<br />

current and one (1) future standard NBN outdoor cabinet (1464mm x 667mm x 944mm)<br />

on a concrete slab enclosed within a secure compound which measures approximately<br />

60m 2 in area.<br />

The proposed NBN Fixed Wireless facility at 636 Nunns Road, Mount Hicks would be<br />

connected to another proposed facility at a site at Round Hill by the 1200mm<br />

transmission dish.<br />

The proposed monopole features a circular headframe at the top of the monopole<br />

accommodating three (3) x panel antennas measuring approximately 1180mm x 300mm<br />

x 115mm. Three (3) Remote Radio Units (RRU) will be installed below the antennas. One<br />

(1) transmission dish antenna will also be installed at approximately 25 metres on the<br />

monopole.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 424


Planning Authority<br />

The use is classified as a Utilities Use Class under the <strong>Waratah</strong>-<strong>Wynyard</strong> Planning Scheme<br />

2000, which is a Primary use class in the Primary Industries Zone.<br />

Internal Referrals<br />

Executive Manager Engineering Services<br />

1. In the course of undertaking the development/use there is to be no damage<br />

caused to any <strong>Council</strong> owned infrastructure or property.<br />

2. Material or plant may be placed/located on a road, footpath, nature strip or other<br />

<strong>Council</strong>-owned or controlled land only in accordance with the conditions in a<br />

“Works in Road Reservation Permit”.<br />

3. The existing property access is to be upgraded with a sealed surface from the<br />

edge of the bitumen pavement of Mt Hicks Road to the property boundary in<br />

accordance with Tasmanian <strong>Council</strong>s’ Subdivision Standard Drawing SD-1009<br />

and the conditions in a “Works in Road Reservation Permit”. A sealed swale<br />

drain may be constructed in lieu of a culvert.<br />

Note:<br />

1. A “Works within the Road Reservation” permit must be obtained from <strong>Council</strong> for<br />

all activity within the Road Reservation.<br />

Environmental Health Officer<br />

1. Control measures are to be installed for the duration of the construction phase so<br />

as to limit the loss of soils and other debris from the site.<br />

2. This development/use is not to result in the generation of environmental harm or<br />

nuisance as defined in the Environmental Management and Pollution Control Act<br />

1994.<br />

External Referrals<br />

Burnie Airport Corporation<br />

A referral was sent to Burnie Airport Corporation (BAC) on the 20 September, 2012. A<br />

response was received on the 2 October 2012 requiring additional information. An<br />

additional information request was sent on 3 October 2012. <strong>Council</strong> received advice<br />

from BAC on the 17 October 2012 that the additional information had satisfied their<br />

concerns and included conditions to be placed on any permit if approved, (see attached).<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 425


Planning Authority<br />

Advertising<br />

The application was advertised for a period of 14 days in accordance with the provisions<br />

of the Land Use Planning and Approvals Act, 1993. During the advertising period, <strong>Council</strong><br />

received one (1) representation. The representation and planning response to the issues<br />

raised is provided below:<br />

Representation<br />

Issues Raised<br />

Object to the proposed location of the NBN Fixed Wireless Facility close to their property and approximately 300<br />

metres from their home.<br />

Concern with regard to safety of emissions from the tower/facility, when in operation or at any future period<br />

when the services might be upgraded.<br />

Potential deterrent for prospective future purchasers of their property due to the 30 metre tower being within 300<br />

metres of their home and also concern by the effects of emissions on their health and wellbeing.<br />

The aesthetic consideration of a 30 metre tower so close to their home may devalue their property.<br />

Requesting <strong>Council</strong> to exercise its authority and require the applicant to site the Facility on land that is available<br />

and further from their home.<br />

Planning Response<br />

The siting of the facility approximately 300 metres from the representor’s home is considered acceptable given the<br />

screening afforded by site topography and the fact that the row of established 15 metre high trees will form a<br />

backdrop to the facility and will therefore help to conceal the lower sections of it from the representor’s property.<br />

Whilst it will undoubtedly be visible to some extent from the representor’s property, it meets all relevant Planning<br />

Scheme standards and in order to have broadband networks within rural areas, associated infrastructure must be<br />

built there as well.<br />

The facility will be required to meet all Australian Standards with respect to Electromagnetic Emissions. The EME<br />

report included with the application demonstrates that the maximum predicted EME will equate to 0.029% of the<br />

maximum exposure limit. This is substantially less than 1% of the maximum allowable exposure limit (where 100%<br />

of the limit is still considered safe). The report further concludes that the maximum exposure level of 0.029% will<br />

be at a distance of 236 metres from the antenna and that the exposure level reduced from this distance It is noted<br />

that operational standards for such facilities are monitored by the Australian Communication and Media Authority<br />

and the Australian Radiation Protection and Nuclear Safety Agency.<br />

The issue of value of the representor’s property is not a valid planning concern.<br />

STATUS <strong>OF</strong> USE AND DEVELOPMENT<br />

The utilities use class is a primary use class in the Primary Industries Zone. The<br />

application is however, discretionary as it relies on assessment against performance<br />

criteria in relation to the following matters:<br />

<br />

<br />

Clause 9.4.1, Issue 2.0 – Prime Agricultural Land<br />

Clause 22.2.1 (b) Telecommunications infrastructure requiring planning approval in<br />

accordance with Section 57 of the Land Use Planning and Approvals Act<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 426


Planning Authority<br />

PLANNING ASSESSMENT<br />

Primary Industries Zone<br />

9.1 Values of the zone<br />

9.1.1 This zone incorporates predominantly primary industry related use or<br />

development of significant tracts of land from the coast through to the<br />

southern extremities of the planning area. It includes land used for<br />

farming, forestry, quarrying or mineral extraction processing works and a<br />

range of non-urban uses such as roads and rail networks, electricity<br />

distribution lines, water supply utilities and the like on private land, State<br />

Reserves, State Forests and Crown Land.<br />

9.1.2 The values associated with each of the areas in the zone are specified in<br />

Part 2 of the planning scheme.<br />

9.2 Intent of the zone<br />

(a) To protect and allow for the sustainable use and development of the<br />

natural and non-natural resources on which agriculture, aquaculture,<br />

forestry and mining depend; and<br />

(b)<br />

To allow a range of other uses in ways and in locations that do not affect<br />

the viability of use or development associated with the primary uses of<br />

the zone.<br />

Planning Comment :<br />

The values and intent of the zone recognise its primary intent for use for resource based<br />

production but also that the land is used for a range of utilities services. Whilst<br />

broadband services are not specifically mentioned, they are a utilities service required in<br />

both urban and non-urban areas and as such some of the supply network will occur in<br />

non-urban areas. The proposal to erect the NBN Wireless Facility enclosed in a 60m 2<br />

area, will not remove a significant area of agricultural land from production nor will it<br />

inhibit production on surrounding land given it is not a sensitive use.<br />

9.4.1 Issue 2.0:- Prime Agricultural Land<br />

Objective: To ensure that animal and crop production has priority in accessing prime agricultural land and is not<br />

fettered by the existence of activities which are not directly dependant on the soil resource.<br />

Acceptable Solution<br />

Performance Criteria<br />

2.1 Use or development to be located on prime<br />

agricultural land (as defined under the<br />

Tasmanian Land Capability Classification System)<br />

must be directly dependant on the soil resource<br />

as a growth media. This includes animal and<br />

crop production, including intensive tree farming<br />

and plantation forestry, but excludes intensive<br />

animal uses such as feedlots, piggeries, poultry<br />

farms and plant nurseries based on either<br />

hydroponics or imported growth media.<br />

2.1 Use or development not directly dependant on the<br />

soil resource as a growth media may be<br />

considered where:<br />

(a) The application is accompanied by a Land<br />

Capability Assessment Report prepared by a<br />

suitably qualified person; and<br />

(b) It is proposed to erect a house or other<br />

building which are directly associated with<br />

furthering the agricultural use of the land<br />

and will not result in the fettering of<br />

existing or future agricultural activities; or<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 427


Planning Authority<br />

Planning Comments:<br />

(c)<br />

or<br />

(d)<br />

or<br />

(e)<br />

or<br />

(f)<br />

The proposal is for the expansion of a use or<br />

development existing as at 28 April 1999<br />

and the applicant is able to demonstrate<br />

that:<br />

(i) the relocation of the use or<br />

development to land that is not prime<br />

agricultural land is neither reasonable<br />

or practicable; and<br />

(ii) the expansion will not result in the<br />

fettering of existing or future<br />

agricultural activities;<br />

The proposal is for a use or<br />

development in the resource development,<br />

business and civic, industrial or utilities use<br />

classes and an overriding need for the use<br />

or development in terms of community<br />

benefit can be demonstrated and no other<br />

suitable sites are available;<br />

The proposal is for a dwelling on a lot of not<br />

more than 2.5ha where the subdivision of<br />

the lot was approved prior to 28 April<br />

1999, and the land was previously zoned<br />

rural-residential in the superseded<br />

planning scheme or clearly alienated from<br />

agricultural use by neighbouring existing<br />

rural-residential development;<br />

The proposal is for a use or development in<br />

the resource development, business &<br />

civic, industrial or utilities classes which<br />

utilises and existing building and its<br />

curtilage that has effectively converted the<br />

land from further agricultural use and the<br />

operation of the new use or development<br />

will not result in the fettering of existing or<br />

future agricultural uses in the vicinity.<br />

The proposed NBN Fixed Wireless Facility is to be located on Class 3, prime agricultural land. The facility is not<br />

dependent on the soil resource as a growth media and therefore it does not meet Acceptable Solution 2.1<br />

Assessment against the corresponding Performance Criteria is therefore required. The proposal is assessed as<br />

meeting PC (d) as it is classified in the utilities use class and there is an overriding need for the facility in terms of<br />

public benefit. The Monotower will form part of the fixed wireless service that makes up the National Broadband<br />

Network. The NBN is a Federal Government initiative to build and operate a network to deliver high speed<br />

broadband services to be delivered to all Australian households, businesses and enterprises through a<br />

combination of fibre, wireless and satellite technology.<br />

NBN Co identifies an area where the requirement for a fixed wireless broadband facility would be highest and<br />

undertakes a preliminary investigation in conjunction with its planning and property consultants, radiofrequency<br />

engineers and designers in order to identify possible locations and options to locate a facility. Issues taken into<br />

account when determining a site within a ‘search area’ include:<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 428


Planning Authority<br />

Visual amenity<br />

Potential co-location opportunities<br />

Occupational health and safety issues<br />

Construction issues<br />

Topographical constraints<br />

Legislative policy constraints<br />

Environmental impacts and<br />

Cost implications<br />

It is noted there were no co-location opportunities within the ‘search area.’. According to the Aurecon report<br />

submitted with the DA, one alternative site for the area was considered, being the adjacent 687 Nunns Rd, Mount<br />

Hicks. According to the report, both sites have similar attributes but the subject site was chosen as it has better<br />

access and better vegetation screening. The subject site was selected due to the following attributes:<br />

A local high spot, which provides line of sight to other planned sites in the NBN wireless network;<br />

Sufficiently setback from adjoining properties and public view sheds as to not cause an unreasonable visual or<br />

amenity impact.<br />

Taking into account the above information, the use of a small portion of class 3 land on the subject site for a<br />

utilities installation is considered acceptable. The proposal therefore complies with the performance criteria.<br />

9.4.1 Issue 3.0:- Infrastructure Provision<br />

Objective: To ensure that the cost of providing infrastructure to uses or new developments is not unreasonably<br />

borne by the community.<br />

Acceptable Solution<br />

Performance Criteria<br />

3.1 Where a use or development involves more that<br />

low-level use in the demand for infrastructure<br />

service capacity, the entire cost of the added<br />

burden on the service capacity of public<br />

infrastructure, that will be imposed by that use<br />

or development is to be paid for by the person<br />

undertaking the use or development.<br />

3.1 Where a use or development involves more than<br />

low-level use in the demand for infrastructure<br />

services capacity, the person undertaking the use<br />

or development must demonstrate to the<br />

planning authority that meeting the entire cost is<br />

unreasonable and that a contribution towards<br />

the cost of that infrastructure, commensurate<br />

with the service capacity that will be utilised, is<br />

appropriate.<br />

Planning Comments:<br />

The proposed facility is in itself a piece of community infrastructure. However, it is noted that the cost of access<br />

and electricity to be provided to the facility will be borne by the proponent and this will be enforced by way of<br />

permit condition. Compliance with AS 3.1 is therefore achieved.<br />

9.4.1 Issue 11.0:– Design and Form<br />

Objective: To design and site rural buildings in a manner that protects rural amenity and maintains appropriate<br />

rural character.<br />

Acceptable Solution<br />

Performance Criteria<br />

11.1 Building that are not occupied by sensitive uses<br />

and to be setback a minimum of:-<br />

(a) 30 metres from a road boundary (unless a<br />

greater setback from Category I, II or III<br />

road is required in accordance with Table<br />

14.2.1 Issue 5.0:- Setbacks for Buildings<br />

and Structures.); and<br />

(b) 10 metres from any other boundary.<br />

11.1 The required setbacks may be varied where it can<br />

be demonstrated that:<br />

(a) the location of proposed building or<br />

structures compliments the setbacks of<br />

existing buildings or structures in the<br />

immediate area; or<br />

(b) the design and location of proposed<br />

buildings or structures compliments the<br />

amenity and character of the locality and<br />

is not visually intrusive; or<br />

(c) the design of the proposed building or<br />

structures minimises the earth works<br />

associated with construction and<br />

responds appropriately to the particular<br />

size, shape, contours or slope of the land.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 429


Planning Authority<br />

11.2 The maximum building height is 7.5 metres. 11.2 Building height may be varied where it is<br />

demonstrated that buildings or structures are<br />

designed and sited in a manner that does not<br />

result in a high level of contrast with the<br />

prevailing landscape elements. Matters to be<br />

considered include the shape, height, bulk,<br />

materials and colours of buildings and structures,<br />

and their appearance in relation to skylines, and<br />

to existing and proposed vegetation.<br />

Planning Comments:<br />

The proposed fixed wireless facility is to be setback approximately 400 metres from Mount Hicks Rd, and 450<br />

metres to Nunns Rd and greater than 10 metres to the southern title boundary. Compliance with Acceptable<br />

Solution 11.1 is therefore achieved.<br />

The proposed fixed wireless facility is to have an overall height of 30 metres, therefore it does not meet the<br />

Acceptable Solution with respect to height. However, under the Telecommunications and Infrastructure Schedule<br />

(the provisions of which override those of any zone in the event of inconsistency), the maximum height of<br />

freestanding towers is 60 metres in rural areas. PC 11.2 therefore does not apply to the proposal.<br />

22.0 TELECOMMUNICATIONS AND INFRASTRUCTURE SCHEDULE<br />

22.1 PRINCIPLES<br />

22.1.1 (a) To accommodate the provision of telecommunications<br />

infrastructure to allow equitable access by all residents, whilst<br />

minimising the impact of such infrastructure on community values<br />

in accordance with the objectives of the Resource Management<br />

and Planning System.<br />

(b)<br />

(c)<br />

To encourage co-location and sharing of facilities, where such<br />

capacity exists, and where doing so will not compromise the<br />

objectives as stated in Appendix 1.<br />

To ensure proposals for the installation of telecommunications<br />

infrastructure form part of a local or regional network plan to<br />

enable consideration of the proposal on a broader and potentially<br />

regional basis.<br />

22.2 USE OR DEVELOPMENT<br />

22.2.1 (a) Any development in compliance with Section 3 of this Schedule is<br />

deemed to be exempt and does not require planning approval.<br />

(b)<br />

All other development requires planning approval and is required<br />

to demonstrate compliance with the objectives as specified in<br />

Appendix 1 of this Schedule and to which the provisions of Section<br />

57 of the Land Use Planning and Approvals Act 1993 apply.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 430


Planning Authority<br />

22.5. APPENDICES<br />

22.5.1 Appendix 1<br />

OBJECTIVES PERFORMANCE CRITERIA ASSESSMENT<br />

Visual amenity<br />

To minimise any detrimental impact<br />

upon the visual amenity of a locality<br />

The location of infrastructure is<br />

within existing utility corridors and<br />

Complies - There were no suitable<br />

co-location facilities within the area<br />

by reducing prominence of sites and uses existing within which the tower needs to be<br />

telecommunications infrastructure infrastructure, unless a need to do<br />

otherwise is demonstrated.<br />

sited. Given the purpose of the<br />

facility is to provide broadband<br />

services to the rural area, their<br />

location need to meet a number of<br />

criteria to ensure good coverage of<br />

the service. The need to locate the<br />

tower at the subject site has been<br />

adequately addressed in the report<br />

accompanying the application.<br />

Aerial telecommunication lines or<br />

additional supporting structures are<br />

erected and operated in residential<br />

and commercial areas only where<br />

overhead cables operated by other<br />

utilities are in existence.<br />

Best practice methods are used to<br />

reduce the visual impact of<br />

infrastructure or to conceal<br />

infrastructure within the<br />

surrounding natural or built<br />

environment.<br />

Clearing for infrastructure corridors<br />

and facilities is minimised to limit<br />

visible prominence while<br />

responding to functional and safety<br />

requirements.<br />

N/A the site is not located in a<br />

residential or commercial area.<br />

Complies – The proposed facility is<br />

setback a minimum of 400 metres<br />

from surrounding roads and is<br />

within an area that whilst does<br />

contain some residential dwellings<br />

on agricultural properties, is not<br />

densely populated and with the<br />

exception of the dwellings on the<br />

subject site and adjacent property,<br />

all dwellings are in excess of 1 km<br />

from the site.<br />

The subject site has been chosen<br />

because it has a stand of established<br />

vegetation (approx. 15 metre high)<br />

within which the facility can be<br />

partially concealed. Whilst the<br />

facility will still be visible above the<br />

stand of trees, they will help to<br />

soften the impact of the facility.<br />

Not applicable – no clearing is<br />

proposed.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 431


Planning Authority<br />

To protect important public views<br />

such as vistas to significant public<br />

buildings, streetscapes and heritage<br />

areas.<br />

Infrastructure:<br />

avoids skyline positions (i.e. where<br />

a structure would be seen in<br />

silhouette);<br />

crosses hills diagonal to the<br />

principal slope or crosses at the low<br />

point of a saddle between hills; or<br />

is located around the base of hills or<br />

along the edge of existing clearings;<br />

unless a need to do otherwise is<br />

demonstrated.<br />

Equipment housing and other<br />

visually intrusive infrastructure is<br />

screened or concealed from public<br />

areas.<br />

The height of freestanding aerials,<br />

towers and masts is within the<br />

following limits:<br />

rural areas 60m<br />

industrial areas 45m<br />

commercial areas 40m<br />

residential areas 20m<br />

Telecommunications infrastructure<br />

may only exceed specified height<br />

limits if:<br />

a pattern of infrastructure or<br />

vegetation above the specified<br />

height limit exists in a particular<br />

location; and<br />

it has no adverse impact on heritage<br />

or ecological values or visual<br />

amenity.<br />

Telecommunications infrastructure<br />

does not intrude into identified<br />

important public views or measures<br />

are taken to minimise intrusion.<br />

The siting of the facility against a<br />

backdrop of a stand of 15 metre tall<br />

established trees will ensure it will<br />

be partially concealed when viewed<br />

from the surrounds. The facility<br />

needs to be located at a high point<br />

in order for it to function for its<br />

intended purpose.<br />

Complies - the existing 15 metre<br />

mature tree stand will assist in<br />

screening the equipment housing<br />

infrastructure as will its location in<br />

excess of 400 metres from any<br />

public road. The location of the<br />

tower and associated equipment<br />

adjacent to an existing fenceline will<br />

also assist with ensuring it blends in<br />

with the rural landscape.<br />

The proposed 2.4 metre high chain<br />

wire security fence around the<br />

compound will also assist in<br />

concealing the associated<br />

infrastructure within it.<br />

Complies - The height of the tower<br />

is to be 30 metres with a slimline<br />

pole.<br />

Complies - There are no identified<br />

important public views to the site.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 432


Planning Authority<br />

To avoid obstruction of private<br />

views from the building<br />

line/principal windows by<br />

telecommunication lines.<br />

Residential amenity<br />

To protect residential amenity<br />

Environmental values<br />

To protect threatened species or<br />

species at risk of becoming a<br />

threatened species (as defined in<br />

the Threatened Species Protection<br />

Act 1995) and the habitats,<br />

ecological communities or places<br />

essential to their continuing<br />

existence.<br />

To protect areas identified as having<br />

significant natural values.<br />

To protect flora and fauna, habitats<br />

and ecological communities.<br />

Land stability<br />

To ensure that telecommunications<br />

infrastructure does not cause land<br />

instability.<br />

Placement of telecommunication<br />

lines avoids or minimises<br />

obstruction of private views.<br />

Infrastructure servicing a network<br />

(facilities not requiring installation<br />

on an individual street basis) is not<br />

located in residential areas unless a<br />

need to do otherwise is<br />

demonstrated.<br />

The proposed infrastructure does<br />

not adversely impact on identified<br />

threatened species or species at risk<br />

of becoming a threatened species.<br />

The proposed infrastructure does<br />

not adversely affect areas identified<br />

as having significant natural values.<br />

The proposed infrastructure uses<br />

best practice environmental<br />

management to minimise harm to<br />

the environment.<br />

Telecommunications infrastructure<br />

(including specific access routes)<br />

does not cause erosion or cause<br />

land instability during installation<br />

and operation.<br />

Telecommunications infrastructure<br />

is not located in areas of known<br />

unstable land where the risk is<br />

identified as unacceptable for<br />

development or installation of<br />

infrastructure.<br />

Complies - The tower will be<br />

partially screened from the dwelling<br />

on the subject property by the<br />

existing vegetation stand. Existing<br />

vegetation around the neighbouring<br />

dwelling and the topography of the<br />

land between that dwelling and the<br />

tower means that whilst it will be<br />

visible, it will not be dominant in the<br />

landscape.<br />

Views to the site from other<br />

dwellings within a 1 km radius of<br />

the tower will be minimised by<br />

distance, topography and the<br />

vegetation.<br />

Not Applicable<br />

Complies - The report<br />

accompanying the DA has<br />

confirmed that a search of the EPBC<br />

revealed that no vulnerable or<br />

endangered species of flora or<br />

fauna are likely to exist in the<br />

vicinity of the proposal site. No<br />

vegetation is proposed to be<br />

removed to facilitate the use and<br />

development of the facility,<br />

therefore endemic flora and fauna<br />

will largely be unaffected.<br />

Not Applicable – the site has not<br />

been identified as having significant<br />

natural values.<br />

Complies – best practice<br />

environmental management is to be<br />

adopted to minimise harm to the<br />

environment.<br />

Complies- the subject site is not a<br />

known area of unstable land and<br />

the access road is existing.<br />

Erosion and sediment control<br />

mitigation measures will be detailed<br />

in construction management plans<br />

that will be assessed as part of the<br />

Building Approvals process.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 433


Planning Authority<br />

Agricultural land<br />

To protect the productive capacity<br />

and efficient farming operations of<br />

agricultural land.<br />

Heritage values<br />

To protect items, places or areas<br />

identified as having aboriginal,<br />

natural, cultural, or maritime<br />

heritage significance.<br />

Access<br />

To ensure that telecommunications<br />

infrastructure does not impede<br />

movement of vehicular and other<br />

modes of transport.<br />

Infrastructure installation and<br />

operation does not degrade or<br />

restrict the productive capacity of<br />

agricultural land.<br />

Infrastructure is placed on property<br />

boundaries or fence lines (not<br />

including road alignment<br />

boundaries).<br />

Proposals for construction and<br />

operation of telecommunications<br />

infrastructure are approved by the<br />

Tasmanian Heritage <strong>Council</strong> in<br />

accordance with the requirements<br />

of the Historic Cultural Heritage Act<br />

1995 and/or are consistent with<br />

recommendations by the Aboriginal<br />

Heritage Section of DELM.<br />

The location of aerial<br />

telecommunications infrastructure<br />

allows adequate clearance for<br />

vehicular traffic and will not pose a<br />

danger or encumbrance to other<br />

land users or aircraft.<br />

The compound housing the<br />

infrastructure is located along a<br />

fence line within the property to<br />

minimise impact on agricultural<br />

operations. A small area (60m 2 ) of<br />

agricultural land will be removed<br />

from production but the operation<br />

of the facility will not impact on<br />

surrounding agricultural operations<br />

as it is not a sensitive use.<br />

Complies - The subject site is not on<br />

the Tasmanian Heritage Register<br />

and the applicants have included a<br />

letter from Aboriginal Heritage<br />

Tasmania confirming that they have<br />

completed a search of the<br />

Tasmanian Aboriginal Site Index and<br />

there is no record of any heritage<br />

sites within or close to the property<br />

and that further due to the small<br />

scale of the facility, it is believed<br />

there is a low probability of<br />

Aboriginal Heritage being impacted.<br />

There was no requirement for<br />

further Aboriginal Heritage<br />

Investigations.<br />

Complies - The proposed facility will<br />

allow adequate clearance for<br />

vehicular traffic and will not pose a<br />

danger or encumbrance to other<br />

land users or aircraft. It is noted that<br />

the application has been referred to<br />

the Burnie Airport Corporation and<br />

they have indicated there are no<br />

issues from their perspective.<br />

Part Schedule Assessment<br />

Part 12.0 Siting of Development Schedule Application meets the Standards of this part.<br />

Part 13.0 Heritage Schedule Not Applicable to this application.<br />

Part 14.0 Road Asset Schedule Not Applicable to this application.<br />

Part 15.0 Standard Attenuation Distances Schedule Not Applicable to this application.<br />

Part 16.0 Wetlands & Waterways Schedule Not Applicable to this application.<br />

Part 17.0 Car Parking and Access Schedule Application meets the Standards for this part.<br />

Part 18.0 Bushfire Prone Areas Schedule Not Applicable to this application.<br />

Part 19.0 Signs Schedule Not Applicable to this application.<br />

Part 20.0 Potentially Contaminated Land Schedule Not Applicable to this application.<br />

Part 21.0 Local Area Plans Schedule Not Applicable to this application.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 434


Planning Authority<br />

STATUTORY IMPLICATIONS<br />

Statutory Requirements<br />

The application is subject to the following statutory instruments:<br />

The Telecommunications Act;<br />

Telecommunications Code of Practice 1997;<br />

State Policy on the Protection of Agricultural Land 2009;<br />

Land Use Planning & Approvals Act 1993; and<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> Planning Scheme 2000.<br />

STRATEGIC IMPLICATIONS<br />

There are no significant strategic implications identified.<br />

POLICY IMPLICATIONS<br />

There are no significant policy implications identified.<br />

FINANCIAL IMPLICATIONS<br />

Financial costs may arise in relation to any appeal against the determination of the<br />

application by the Planning Authority.<br />

RISK IMPLICATIONS<br />

There is a risk that the applicant or representor may appeal the determination of the<br />

Planning Authority to the Resource Management and Planning Appeal Tribunal.<br />

CONSULTATION PROCESS<br />

N/A.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 435


Planning Authority<br />

COMMENT<br />

The application involves the development of a telecommunications facility, comprising a<br />

30 metre high monopole and ancillary components including one (1) current and one (1)<br />

future standard NBN outdoor cabinet (1464mm x 667mm x 944mm) on a concrete slab<br />

enclosed within a secure compound which measures approximately 60m 2 in area.<br />

The proposed NBN Fixed Wireless facility at 636 Nunns Road, Mount Hicks would be<br />

connected to another site proposed at Round Hill by the 1200mm transmission dish.<br />

The use is classified as a Utilities Use Class under the <strong>Waratah</strong>-<strong>Wynyard</strong> Planning Scheme<br />

2000, which is a Primary use class in the Primary Industries Zone. The application relies<br />

on demonstration of achievement of Performance Criteria Part 9.0 Clause 9.4.1 Issue 2.0<br />

PC 2.1(d) and. the application is also required to be assessed as discretionary in<br />

accordance with Clause 22.2.1 of the Telecommunications Schedule. This application is<br />

deemed to achieve all relevant Acceptable Solutions and Performance Criteria.<br />

It is therefore recommended that the Planning Authority grant approval for a NBN Fixed<br />

Wireless Facility – 30m High Monopole, Radio Transmission Equipment & Ancillary<br />

Equipment Cabinet – Reliance on Performance Criteria under the Primary Industries Zone<br />

Provisions at 636 Nunns Road, Mount Hicks, subject to conditions.<br />

MOVED BY<br />

SECONDED BY<br />

CR FRIEDERSDORFF<br />

CR DUNIAM<br />

That the Planning Authority grant approval for a NBN Fixed Wireless Facility – 30m High<br />

Monopole, Radio Transmission Equipment & Ancillary Equipment Cabinet – Reliance on<br />

Performance Criteria under the Primary Industries Zone Provisions at 636 Nunns Road,<br />

Mount Hicks, subject to the following conditions:-<br />

PART A CONDITIONS:<br />

1. The development/use, as shown on the endorsed plan(s) and described in the<br />

application, is not to be altered or modified for any reason without the consent<br />

of the Planning Authority.<br />

2. All costs associated with the proposed development including those related to<br />

infrastructure extensions or upgrades to <strong>Council</strong> assets are to be met by the<br />

Developer.<br />

3. Seven (7) days prior to the erection of the Tower, the applicant is to notify, in<br />

writing, the Burnie Airport Corporation of the intended erection day(s) and<br />

time(s).<br />

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Planning Authority<br />

4. In the course of undertaking the development/use there is to be no damage<br />

caused to any <strong>Council</strong> owned infrastructure or property.<br />

5. Material or plant may be placed/located on a road, footpath, nature strip or<br />

other <strong>Council</strong>-owned or controlled land only in accordance with the conditions<br />

in a “Works in Road Reservation Permit”.<br />

6. The existing property access is to be upgraded with a sealed surface from the<br />

edge of the bitumen pavement of Nunns Road to the property boundary in<br />

accordance with Tasmanian <strong>Council</strong>s’ Subdivision Standard Drawing SD-1009<br />

and the conditions in a “Works in Road Reservation Permit”. A sealed swale<br />

drain may be constructed in lieu of a culvert.<br />

7. Control measures are to be installed for the duration of the construction phase<br />

so as to limit the loss of soils and other debris from the site.<br />

8. This development/use is not to result in the generation of environmental harm<br />

or nuisance as defined in the Environmental Management and Pollution Control<br />

Act 1994.<br />

Note:<br />

1. A “Works within the Road Reservation” permit must be obtained from <strong>Council</strong><br />

for all activity within the Road Reservation.<br />

PART B CONDITIONS:<br />

1. The Tower is to be erected on the property at the exact coordinates as shown in<br />

the application must not exceed a maximum erected height (including any<br />

protrusions thereon (aerials of the like) of 30.0 metres, as above existing ground<br />

level;<br />

2. If the tower or any protrusions thereon infringe the Airport’s Obstacle<br />

Limitations Surface, at any time they are to be immediately removed; and<br />

3. Any lighting on the property is to comply with section 9.21 (Lighting in the<br />

Vicinity of Aerodromes) of the Civil Aviation Safety Authority, Manual of<br />

Standards Part 139 – Aerodromes.<br />

The MOTION was put and was CARRIED unanimously.<br />

IN FAVOUR<br />

MAYOR WALSH CR BRAMICH CR DEAKIN CR DIBLEY CR DUNIAM<br />

CR FAIRBROTHER CR FRIEDERSDORFF CR HAWKINS CR MOORE CR SMITH<br />

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Planning Authority<br />

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Planning Authority<br />

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Planning Authority<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 461


Planning Authority<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 462


Planning Authority<br />

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Planning Authority<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 464


Planning Authority<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 465


Planning Authority<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 466


Planning Authority<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 467


Planning Authority<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 468


Planning Authority<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 469


Planning Authority<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 470


Planning Authority<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 471


Planning Authority<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 472


Planning Authority<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 473


Planning Authority<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 474


Planning Authority<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 475


Planning Authority<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 476


Planning Authority<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 477


Planning Authority<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 478


Planning Authority<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 479


Planning Authority<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 480


Planning Authority<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 481


Planning Authority<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 482


Planning Authority<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 483


Planning Authority<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 484


Planning Authority<br />

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Planning Authority<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 486


Planning Authority<br />

Planning Authority Meeting concluded at 7:36pm.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 487


Reports of Officers and Committees<br />

12.0 REPORTS <strong>OF</strong> <strong>OF</strong>FICERS AND COMMITTEES<br />

12.1 MYALLA RECREATION GROUND – LEASE EXTENSION<br />

To:<br />

<strong>Council</strong><br />

Reporting Officer: Corporate Secretary<br />

Responsible Manager: Executive Manager Corporate Governance<br />

Report Date: 23 October 2012<br />

File Reference: 609.03<br />

Enclosures: Existing Lease – Approved 17 February 2003<br />

Letters from Myalla Community Centre Inc dated 27 August<br />

2012 and 17 October 2012.<br />

PURPOSE<br />

The purpose of this report is to enable the <strong>Council</strong> to note that the Myalla Community<br />

Centre Incorporated has informed <strong>Council</strong> of its desire to extend the term of its existing<br />

lease of the Myalla Recreation Ground for a further ten-year period.<br />

BACKGROUND<br />

On 17 February 2003 the <strong>Council</strong> resolved to lease the Myalla Recreation Ground to the<br />

Myalla Community Centre Incorporated for community centre purposes for a term of ten<br />

years from 1 February 2003.<br />

DETAILS<br />

On 6 June 2012 the <strong>Council</strong> wrote to the Myalla Community Centre Inc drawing attention<br />

to the impending expiry of its lease of the Myalla Recreation Ground and seeking advice<br />

as to whether a new lease was required.<br />

The Myalla Community Centre Inc responded in writing on 27 August 2012 confirming<br />

that it wished to proceed with a new ten-year lease.<br />

It has now been established that, although not specifically referred to in the report<br />

considered by the <strong>Council</strong> on 17 February 2003, the form of lease approved actually<br />

provided for a ten-year extension beyond the original ten-year term, that was exercisable<br />

by the Myalla Community Centre Incorporated giving the <strong>Council</strong> at least three months<br />

written notice, prior to expiry, of its wish to extend the term.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 488


Reports of Officers and Committees<br />

By its letter dated 27 August 2012 the Myalla Community Centre Incorporated has<br />

effectively triggered the extension of the lease term.<br />

From a <strong>Council</strong> perspective, the lessee has fully discharged its obligations throughout the<br />

initial term and it has confirmed by letter dated 17 October 2012 that the required<br />

insurance policies relating to buildings on site and Public and Products Liability are<br />

currently in place.<br />

STATUTORY IMPLICATIONS<br />

Statutory Requirements<br />

Section 177 of the Local Government Act 1993 applies to the lease or other disposal of<br />

<strong>Council</strong>-owned land. The provisions of the legislation were observed in the<br />

determination of the current lease.<br />

STRATEGIC IMPLICATIONS<br />

Strategic Plan Reference<br />

Key Focus Area:<br />

Outcome 2.1<br />

Operational Aim 2.1.1<br />

Key Focus Area:<br />

Outcomes 3.1<br />

OUR COMMUNITY<br />

Enhancement of the physical, social and cultural wellbeing of our<br />

community<br />

The community is supported in its recreational pursuits<br />

Promote healthy living activities<br />

ENVIRONMENT<br />

Sustainable management of our built and natural environment<br />

<strong>Council</strong> built infrastructure is constructed and maintained to a high<br />

standard<br />

POLICY IMPLICATIONS<br />

There are no significant policy implications associated with extension of the lease term.<br />

FINANCIAL IMPLICATIONS<br />

There are no significant financial risks associated with extension of the lease term. The<br />

rental is nominal, at $1.00 per annum, if demanded and the <strong>Council</strong> has waived payment<br />

of the municipal rate for the duration of the term but has required the lessee to pay the<br />

annual fire service levy.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 489


Reports of Officers and Committees<br />

RISK IMPLICATIONS<br />

There are no significant new risks to <strong>Council</strong> associated with extension of the lease term.<br />

The lessee will remain fully responsible for operating the property during its occupancy.<br />

CONSULTATION PROCESS<br />

A public consultation process was undertaken at the time the initial lease was proposed.<br />

As the extended term is at the discretion of the lessee, further consultation at this point<br />

is not considered necessary. Should the lessee wish to continue its occupation beyond<br />

the new term, a public consultation process at that point would be appropriate.<br />

COMMENT<br />

The Myalla Community Centre Incorporated has proven to be a reliable lessee of the<br />

Myalla Recreation Ground since 1 February 2003, having improved and satisfactorily<br />

maintained the property during this period and it is therefore recommended that the<br />

<strong>Council</strong> note the advice from the Myalla Community Centre Incorporated that it wishes<br />

to extend its lease of the Myalla Recreation Ground for a further ten-year period and<br />

inform the lessee that it has no objection to the term of the current lease being extended<br />

to 31 January 2023.<br />

MOVED BY<br />

SECONDED BY<br />

CR DIBLEY<br />

CR HAWKINS<br />

That the <strong>Council</strong> note the advice from the Myalla Community Centre Incorporated that<br />

it wishes to extend its lease of the Myalla Recreation Ground for a further ten-year<br />

period and inform the lessee that it has no objection to the term of the current lease<br />

being extended to 31 January 2023.<br />

The MOTION was put and was CARRIED unanimously.<br />

IN FAVOUR<br />

MAYOR WALSH CR BRAMICH CR DEAKIN CR DIBLEY CR DUNIAM<br />

CR FAIRBROTHER CR FRIEDERSDORFF CR HAWKINS CR MOORE CR SMITH<br />

Ashley Brooks, Consultant Planner departed the meeting at 7:37pm<br />

The Executive Manager Development Services left the meeting at 7:37pm<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 490


Reports of Officers and Committees<br />

12.2 DEPARTMENT <strong>OF</strong> INFRASTRUCTURE, ENERGY & RESOURCES : NON-URBAN ROAD<br />

NETWORK STRATEGY UPDATE<br />

To:<br />

<strong>Council</strong><br />

Reporting Officer: Executive Manager Engineering Services<br />

Responsible Manager: Executive Manager Engineering Services<br />

Report Date: 11 November 2012<br />

File Reference:<br />

Enclosures:<br />

Nil<br />

PURPOSE<br />

The purpose of this report is to provide the <strong>Council</strong> with an overview and update of the<br />

Tasmanian Government Safer Roads: Non-Urban Road Network Strategy and approve the<br />

<strong>Council</strong>’s list of roads recommended for assessment to remain at 100km/h rather than<br />

reduce to the new default limit of 90km/h. Unsealed roads will have their default limit<br />

lowered to 80km/h without any assessment.<br />

BACKGROUND<br />

The Department of Infrastructure, Energy and Resources (DIER) advises that the nonurban<br />

network in Tasmania consists of approximately 14,000km of road, with the default<br />

speed limit of 100km/h applying to around 11,000km. Many of these roads cannot safely<br />

support this speed. Crash statistics confirm this with 40% of the State’s casualty crashes<br />

occurring in 100km/h zones. These roads are a combination of State roads and Local<br />

Government roads. It is estimated that implementation of the new lower default speed<br />

limits will result in 100 less casualty crashes.<br />

The Tasmanian Road Safety Strategy 2007–2016 identified the need to adopt Safe<br />

System principles. This approach has four main components:<br />

. safe roads and roadsides;<br />

. safe vehicles;<br />

. safe speeds;<br />

. safe road use.<br />

The Minister has requested DIER to develop the broader strategic framework. The<br />

Australian Road Research Board (ARRB) was engaged to independently determine a set<br />

of technical road assessment criteria for 100km/h roads aligned with Safe Systems<br />

Principles. The ‘Tasmanian Criteria for 100km/h Roads’ was developed from this.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 491


Reports of Officers and Committees<br />

To ensure there is no blanket reduction of speed limits, assessmentS of roads on the nonurban<br />

network are to be undertaken by DIER in consultation with Local Government and<br />

the community.<br />

DETAILS<br />

The implementation of the strategy will impact non urban road speed limits as follows:<br />

Non urban road situation / type<br />

Sealed roads that meet the assessment criteria<br />

Sealed roads that do not meet the assessment<br />

criteria<br />

Unsealed roads<br />

Speed limit<br />

Retain 100km/hr speed limit<br />

Reduction of speed limit to 90 km/hr<br />

Reduction of speed limit to 80 km/hr<br />

The assessment criteria as developed by ARRB are noted below:<br />

Tasmanian Criteria for 100 km/hr Roads<br />

Undivided or divided roads in rural environments where the land use is developed farm land with no or<br />

low number of access points .<br />

Well delineated with centre lines and edge lines provided.<br />

Desirable lane width of 3.5 m and desirable sealed shoulder width of 1.0 m.<br />

Alignment generally straight or gently curving in flat or undulating roads ;on isolated curves with tighter<br />

radius,curve warning and speed advisory signs are to be installed.<br />

Roadside and median protected by safety barriers:<br />

Where roadside hazards (which may include steep batter slopes) are located, roadside barriers are<br />

to be installed.<br />

Median barriers to be installed where the median width is less than 15 m (based on Austroads<br />

2009a).<br />

Crash record over the last five years is lower than the average crash rate for rural highways.<br />

It would appear from information provided to date that for a road to be nominated for<br />

retention of a 100 km/hr speed limit it should meet all of the assessment criteria.<br />

There are no <strong>Council</strong> roads that meet the criteria in full; the primary deficiencies are: -<br />

<br />

<br />

<br />

Few <strong>Council</strong> roads have edge lines, many do not have centrelines. For centrelines<br />

and edge lines to be installed DIER have criteria in relation to lane width.<br />

The majority of <strong>Council</strong> sealed roads have lane width less than 3.5m and do not<br />

have 1.0m sealed shoulders.<br />

The topography of many non urban roads is hilly with low speed corners.<br />

The above would apply to most other Local Government road authorities around the<br />

state with roads in similar condition.<br />

Significant investment in the local road network to upgrade road standards would be<br />

required to meet the assessment criteria.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 492


Reports of Officers and Committees<br />

STATUTORY IMPLICATIONS<br />

Statutory Requirements<br />

No significant statutory implications identified<br />

STRATEGIC IMPLICATIONS<br />

Strategic Plan Reference<br />

Key Focus Area:<br />

Outcome 1.2<br />

Operational Aim 1.2.4<br />

ECONOMIC PROSPERITY<br />

Addition to the wealth and diversity of our economy<br />

Road, rail and air transport opportunities are maximised<br />

Ensure road infrastructure is maintained to a safe and traffic-appropriate<br />

standard<br />

POLICY IMPLICATIONS<br />

No significant statutory implications identified<br />

FINANCIAL IMPLICATIONS<br />

DIER has indicated that they will be responsible for the cost of supply and installation of<br />

relevant speed signage as part of the proposed strategy.<br />

RISK IMPLICATIONS<br />

The safety of road users is expected to improve based upon the information provided in<br />

the strategy.<br />

CONSULTATION PROCESS<br />

DIER have conducted information sessions regarding the proposed strategy.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 493


Reports of Officers and Committees<br />

COMMENT<br />

It is therefore recommended that the <strong>Council</strong> write to the Minister for Transport,<br />

Minister O’Byrne and Mr Norm McIlfatrick, Secretary, Department of Infrastructure,<br />

Energy and Resources in regard to the recently launched Tasmanian Government<br />

Strategy “Safer Road: Non Urban Road Network Strategy” stating that the following<br />

roads be assessed for a 100km/hr speed limit:<br />

Bass Highway<br />

Murchison Highway<br />

During discussion Cr Dibley queried that Ridgely Highway be added to the list of roads<br />

recommended.<br />

The Executive Manager Engineering Services advised that it would be appropriate to add<br />

Ridgley Highway to the motion.<br />

MOVED BY<br />

SECONDED BY<br />

CR DIBLEY<br />

CR DEAKIN<br />

That the <strong>Council</strong> write to the Minister for Transport, Minister O’Byrne and Mr Norm<br />

McIlfatrick, Secretary, Department of Infrastructure, Energy and Resources in regard to<br />

the recently launched Tasmanian Government Strategy “Safer Roads: Non Urban Road<br />

Network Strategy” stating that the following roads be assessed for a 100km/hr speed<br />

limit:<br />

Bass Highway,<br />

Murchison Highway, and<br />

Ridgley Highway.<br />

The MOTION was put and was CARRIED unanimously.<br />

IN FAVOUR<br />

MAYOR WALSH CR BRAMICH CR DEAKIN CR DIBLEY CR DUNIAM<br />

CR FAIRBROTHER CR FRIEDERSDORFF CR HAWKINS CR MOORE CR SMITH<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 494


Reports of Officers and Committees<br />

12.3 BLACK SPOT FUNDING APPLICATIONS – RE-ALLOCATION<br />

To:<br />

<strong>Council</strong><br />

Reporting Officer: Executive Manager Engineering Services<br />

Responsible Manager: Executive Manager Engineering Services<br />

Report Date: 9 November 2012<br />

PURPOSE<br />

To inform <strong>Council</strong> of the unsuccessful applications for Black Spot funding required to<br />

complete the budget projects ‘Guardrail – Pelissier Street Somerset’ & ‘Relocate Village<br />

Lane junction’.<br />

To present to <strong>Council</strong> a list of proposed alternate projects for reallocation of funds.<br />

BACKGROUND<br />

The Nation Building Black spot Program provides funds to road eligible road related<br />

projects.<br />

DETAILS<br />

<strong>Council</strong> officers submitted applications for Black spot funding reliant projects for 2012/13<br />

during September 2011. Notification that these projects were unsuccessful was received<br />

on 27 August 2012.<br />

Alternate projects have been identified that utilise similar resource that had originally<br />

been budgeted for.<br />

STATUTORY IMPLICATIONS<br />

Statutory Requirements<br />

There are no significant statutory implications identified.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 495


Reports of Officers and Committees<br />

STRATEGIC IMPLICATIONS<br />

Strategic Plan Reference<br />

Key Focus Area:<br />

Outcomes 3.1<br />

ENVIRONMENT<br />

Sustainable management of our built and natural environment<br />

<strong>Council</strong> built infrastructure is constructed and maintained to a high standard<br />

POLICY IMPLICATIONS<br />

There are no significant policy implications identified.<br />

FINANCIAL IMPLICATIONS<br />

The list of alternate projects total $87,374 excl. GST to replace the original Black spot<br />

funding reliant projects of total $88,200 excl. GST.<br />

RISK IMPLICATIONS<br />

There are no significant risks implications identified.<br />

CONSULTATION PROCESS<br />

Consultation has occurred with operational staff for reallocation of budgeted resource.<br />

COMMENT<br />

It is therefore recommended that the <strong>Council</strong> reallocate budget funding of $88,200 to<br />

the following projects totalling $87,374:<br />

1. Goldie Street CBD – Footpath sealing & mark removal $25,000;<br />

2. Renew – Roundabout perimeter – Raglan & Pelissier Street $13,574;<br />

3. Renew – Roundabout perimeter – Goldie & Jackson Street $20,000;<br />

4. Somerset Surf Club rust remedial work on H beams $5,000;<br />

5. Repairs to Yolla Grandstand $4,000;<br />

6. SES Building <strong>Wynyard</strong> repairs to gutters and skylights $4,000;<br />

7. Reverse Cameras $12,000; and<br />

8. Depot color printer and scanner $3,800.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 496


Reports of Officers and Committees<br />

MOVED BY<br />

SECONDED BY<br />

CR FRIEDERSDORFF<br />

CR MOORE<br />

That the <strong>Council</strong> reallocate budget funding of $88,200 to the following projects<br />

totalling $87,374:<br />

1. Goldie Street CBD – Footpath sealing & mark removal $25,000;<br />

2. Renew – Roundabout perimeter – Raglan & Pelissier Street $13,574;<br />

3. Renew – Roundabout perimeter – Goldie & Jackson Street $20,000;<br />

4. Somerset Surf Club rust remedial work on H beams $5,000;<br />

5. Repairs to Yolla Grandstand $4,000;<br />

6. SES Building <strong>Wynyard</strong> repairs to gutters and skylights $4,000;<br />

7. Reverse Cameras $12,000; and<br />

8. Depot color printer and scanner $3,800.<br />

The MOTION was put and was CARRIED unanimously.<br />

IN FAVOUR<br />

MAYOR WALSH CR BRAMICH CR DEAKIN CR DIBLEY CR DUNIAM<br />

CR FAIRBROTHER CR FRIEDERSDORFF CR HAWKINS CR MOORE CR SMITH<br />

The Executive Manager Development Services returned to the meeting at 7:39pm<br />

Cr Moore stated that at the time of placement of the roundabout at the intersection of<br />

Goldie and Jackson Street, <strong>Council</strong>lors were advised that it was a temporary move. He<br />

queried what is the age limit of temporary and is there not another option that could be<br />

done in the place of rubber.<br />

The Executive Manager Engineering Services took the question on notice.<br />

Cr Bramich queried if the cleaning material for the Goldie Street footpaths was adequate.<br />

The Executive Manager Engineering Services took the question on notice.<br />

Cr Fairbrother queried why <strong>Council</strong> did not receive blackspot funding.<br />

The Executive Manager Engineering Services took the question on notice and undertook<br />

to provide copy of the correspondence from DIER explaining why <strong>Council</strong> was not<br />

successful if obtaining the Blackspot funding.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 497


Reports of Officers and Committees<br />

12.4 WYNYARD CHRISTMAS PARADE – ROAD CLOSURES<br />

To:<br />

<strong>Council</strong><br />

Reporting Officer: Acting Executive Manager Engineering Services<br />

Responsible Manager: Acting Executive Manager Engineering Services<br />

Report Date: 25 October 2012<br />

File Reference: 302.08<br />

Enclosures:<br />

Road Closure Application Form<br />

Map of roads to be closed<br />

PURPOSE<br />

Lions Club of <strong>Wynyard</strong> are the <strong>Wynyard</strong> Christmas Parade organisers and <strong>Council</strong><br />

permission is requested to stage an event in the <strong>Wynyard</strong> town area.<br />

BACKGROUND<br />

The Lions Club of <strong>Wynyard</strong> seeks approval for the conduct of the <strong>Wynyard</strong> Christmas<br />

Parade. The event will take place on Monday, 24 December 2012.<br />

A copy of the correspondence received from the Lions Club of <strong>Wynyard</strong> is provided. It<br />

includes the letter Road Closure Application, dated 18 October 2012 and a map of the<br />

area involved.<br />

DETAILS<br />

The <strong>Wynyard</strong> Christmas Parade is scheduled to commence set up at 4:30pm on Monday,<br />

24 December 2012, and will run for approximately 4 hours, estimated completion time of<br />

8:30pm.<br />

The proposed road closures for the event are:<br />

Austin Street – Between Inglis Street & Jenner Street (marshalling area 5pm – 8pm)<br />

Inglis Street – Between Austin Street & Saunders Street (6:30pm – 8pm)<br />

Goldie Street – Between Saunders Street & Moore Street (4:30pm – 8:30pm)<br />

Moore Street – Between Goldie Street & Dodgin Street (6:30pm – 8:30pm)<br />

Dodgin Street – Between Moore Street & Jackson Street (6:30pm – 8pm)<br />

Jackson Street – Between Dodgin Street & Goldie Street (6:30pm – 8pm)<br />

Hogg Street – Between Dodgin Street and Goldie Street (6:30pm – 8pm)<br />

Little Goldie Street (6:30pm – 8pm)<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 498


Reports of Officers and Committees<br />

In principle there are no issues of concern associated with the proposed road closures<br />

subject to appropriate advice being provided to abutting residents and safety<br />

precautions being put in place by the organisers.<br />

STATUTORY IMPLICATIONS<br />

There are no significant statutory implications identified.<br />

STRATEGIC IMPLICATIONS<br />

Strategic Plan Reference<br />

Key Focus Area:<br />

Outcome 1.1<br />

Operational Aim 1.1.1<br />

Operational Aim 1.1.2<br />

Operational Aim 1.1.3<br />

ECONOMIC PROSPERITY<br />

Additional to the wealth and diversity of our economy<br />

<strong>Council</strong> is “investor-ready”<br />

Produce a municipal Economic Profile<br />

Develop an Outline Development Plan for industrial land at Burnie Airport<br />

Develop an Outline Development Plan for Sisters Beach<br />

POLICY IMPLICATIONS<br />

There are no significant policy implications identified.<br />

FINANCIAL IMPLICATIONS<br />

All costs are to be borne by the event organisers including advertising of the road<br />

closures.<br />

RISK IMPLICATIONS<br />

A condition imposed on the approval to close the roads would be the provision of<br />

evidence of appropriate insurance policies for the conduct of the event. This will mitigate<br />

any risk to <strong>Council</strong> associated with the event.<br />

CONSULTATION PROCESS<br />

Nil.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 499


Reports of Officers and Committees<br />

COMMENT<br />

The event should cause minimal inconvenience to the public and should proceed.<br />

It is therefore recommended that the <strong>Council</strong>:<br />

1. Agree to the closure of roads for the conduct of the <strong>Wynyard</strong> Christmas Parade as<br />

requested by the Lions Club of <strong>Wynyard</strong> subject to the following conditions:<br />

(a) Lions Club of <strong>Wynyard</strong> to erect courtesy signs to advise the residents,<br />

ratepayers and motoring public in advance of the road closures.<br />

(b) That <strong>Council</strong> notify all households within the road closure area in writing<br />

(c)<br />

at least 2 weeks before the event.<br />

Lions Club of <strong>Wynyard</strong> to attend to the prompt removal of all litter left at<br />

the <strong>Wynyard</strong> Christmas Parade and publicly advertised spectator-viewing<br />

areas.<br />

2. Authorises the General Manager (or his nominee) to negotiate with the organiser<br />

on any other issues that may arise in respect to the conduct of the event.<br />

MOVED BY<br />

SECONDED BY<br />

CR DUNIAM<br />

CR DIBLEY<br />

That the <strong>Council</strong>:<br />

1. Agree to the closure of roads for the conduct of the <strong>Wynyard</strong> Christmas Parade<br />

as requested by the Lions Club of <strong>Wynyard</strong> subject to the following conditions:<br />

(a)<br />

(b)<br />

(c)<br />

Lions Club of <strong>Wynyard</strong> to erect courtesy signs to advise the residents,<br />

ratepayers and motoring public in advance of the road closures.<br />

That <strong>Council</strong> notify all households within the road closure area in writing<br />

at least 2 weeks before the event.<br />

Lions Club of <strong>Wynyard</strong> to attend to the prompt removal of all litter left<br />

at the <strong>Wynyard</strong> Christmas Parade and publicly advertised spectatorviewing<br />

areas.<br />

2. Authorise the General Manager (or his nominee) to negotiate with the organiser<br />

on any other issues that may arise in respect to the conduct of the event.<br />

The MOTION was put and was CARRIED unanimously.<br />

IN FAVOUR<br />

MAYOR WALSH CR BRAMICH CR DEAKIN CR DIBLEY CR DUNIAM<br />

CR FAIRBROTHER CR FRIEDERSDORFF CR HAWKINS CR MOORE CR SMITH<br />

The Executive Manager Organisational and Community Development left the meeting at<br />

7:45pm.<br />

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<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 504


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12.5 FUSION – ROAD CLOSURES – ADVENT PAGEANT<br />

To:<br />

<strong>Council</strong><br />

Reporting Officer: Executive Manager Engineering Services<br />

Responsible Manager: Executive Manager Engineering Services<br />

Report Date: 22 October 2012<br />

File Reference: 302.08<br />

Enclosures:<br />

Application for Closure of Roads/Streets<br />

Map of roads to be closed<br />

PURPOSE<br />

Fusion are the Advent Pageant organisers and <strong>Council</strong> permission is requested to stage<br />

an event in the <strong>Wynyard</strong> area.<br />

BACKGROUND<br />

Fusion seeks approval for the conduct of the Advent Pageant. The event will take place<br />

on Friday, 30 November 2012.<br />

A copy of the correspondence received from Fusion is provided. It includes the Road<br />

Closure Application, dated 11 October 2012 and a map of the area involved.<br />

DETAILS<br />

The Advent Pageant is scheduled to commence set up at 10:45am on Friday, 30<br />

November 2012, and will run for approximately one hour, estimated completion time of<br />

11:30am.<br />

The proposed road closures for the event are:<br />

Goldie Street – from Saunders Street to Hogg Street<br />

In principle there are no issues of concern associated with the proposed road closures<br />

subject to appropriate advice being provided to abutting residents and safety<br />

precautions being put in place by the organisers.<br />

STATUTORY IMPLICATIONS<br />

There are no significant statutory implications identified.<br />

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STRATEGIC IMPLICATIONS<br />

Strategic Plan Reference<br />

Key Focus Area:<br />

Outcome 1.1<br />

Operational Aim 1.1.1<br />

Operational Aim 1.1.2<br />

Operational Aim 1.1.3<br />

ECONOMIC PROSPERITY<br />

Additional to the wealth and diversity of our economy<br />

<strong>Council</strong> is “investor-ready”<br />

Produce a municipal Economic Profile<br />

Develop an Outline Development Plan for industrial land at Burnie Airport<br />

Develop an Outline Development Plan for Sisters Beach<br />

POLICY IMPLICATIONS<br />

There are no significant policy implications identified.<br />

FINANCIAL IMPLICATIONS<br />

All costs are to be borne by the event organisers including advertising of the road<br />

closures.<br />

RISK IMPLICATIONS<br />

A condition imposed on the approval to close the roads would be the provision of<br />

evidence of appropriate insurance policies for the conduct of the event. This will mitigate<br />

any risk to <strong>Council</strong> associated with the event.<br />

CONSULTATION PROCESS<br />

Nil.<br />

COMMENT<br />

The event should cause minimal inconvenience to the public and should proceed.<br />

It is therefore recommended that the <strong>Council</strong>:<br />

1. Agree to the closure of roads for the conduct of the Advent Pageant as requested<br />

by Fusion subject to the following conditions:<br />

(a) Fusion to erect courtesy signs to advise the residents, ratepayers and<br />

motoring public in advance of the road closures.<br />

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(b) That <strong>Council</strong> notify all households within the road closure area in writing<br />

at least 2 weeks before the event.<br />

(c) Fusion to attend to the prompt removal of all litter left at the Advent<br />

Pageant and publicly advertised spectator-viewing areas.<br />

2. Authorise the General Manager (or his nominee) to negotiate with the organiser<br />

on any other issues that may arise in respect to the conduct of the event.<br />

MOVED BY<br />

SECONDED BY<br />

CR FRIEDERSDORFF<br />

CR DIBLEY<br />

That the <strong>Council</strong>:<br />

1. Agree to the closure of roads for the conduct of the Advent Pageant as<br />

requested by Fusion subject to the following conditions:<br />

(a)<br />

(b)<br />

(c)<br />

Fusion to erect courtesy signs to advise the residents, ratepayers and<br />

motoring public in advance of the road closures.<br />

That <strong>Council</strong> notify all households within the road closure area in writing<br />

at least 2 weeks before the event.<br />

Fusion to attend to the prompt removal of all litter left at the Advent<br />

Pageant and publicly advertised spectator-viewing areas.<br />

2. Authorise the General Manager (or his nominee) to negotiate with the organiser<br />

on any other issues that may arise in respect to the conduct of the event.<br />

The MOTION was put and was CARRIED unanimously.<br />

IN FAVOUR<br />

MAYOR WALSH CR BRAMICH CR DEAKIN CR DIBLEY CR DUNIAM<br />

CR FAIRBROTHER CR FRIEDERSDORFF CR HAWKINS CR MOORE CR SMITH<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 507


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<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 508


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<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 511


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12.6 BMX PARK INC. LICENCE AGREEMENT<br />

To:<br />

<strong>Council</strong><br />

Reporting Officer: Community Development Officer<br />

Responsible Manager: Executive Manager Organisational & Community<br />

Development<br />

Report Date: 09.11.2012<br />

File Reference: 402.27<br />

Enclosures:<br />

Reference Schedule for Licence Agreement<br />

PURPOSE<br />

To provide <strong>Wynyard</strong> BMX Park Inc. with approval to proceed with the redevelopment of<br />

the site to enable BMX training and racing to resume at the Frederick Street Complex.<br />

BACKGROUND<br />

The BMX track was developed in the 1980’s by the former <strong>Wynyard</strong> BMX Club which<br />

disbanded several years ago. Since then no regular maintenance has occurred on the<br />

track. <strong>Wynyard</strong> BMX Park Inc. is a new club committed to reopening the track for State<br />

level championships. It would be one of three in Tasmania capable of hosting State<br />

championships. In March 2011 a petition with 811 signatures was presented to the<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> requesting that the <strong>Wynyard</strong> BMX track be reopened.<br />

DETAILS<br />

The area of Frederick Street Sports Complex which the licence applies to covers bush<br />

land bounded by the Jones Street subdivision, Lowe Street, Belton Street, and to the<br />

west a small creek which flows into Big Creek. More accurately it refers to land within<br />

the Certificate of Title Volume 152615 Folio 1 comprising existing track and facilities for<br />

BMX racing.<br />

The licence agreement would provide for regular use of the BMX facility for formal<br />

recreation purposes. <strong>Wynyard</strong> BMX Park Inc is seeking to redevelop the area for club<br />

and competition racing and would be seeking further approval to upgrade the area to<br />

meet the required standards.<br />

The Licence outlines the requirement for the club to seek appropriate approvals through<br />

<strong>Council</strong> for any redevelopment that occurs and to maintain the facility to ensure safe<br />

public access when the space in not being used for scheduled club access.<br />

The Licence also specifies the requirements for maintenance of the site.<br />

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STATUTORY IMPLICATIONS<br />

Statutory Requirements<br />

Compliance with Public Reserves By Law No 5 of 2003.<br />

Local Government Act 1993.<br />

STRATEGIC IMPLICATIONS<br />

Strategic Plan Reference<br />

Key Focus Area:<br />

Outcome 2.1<br />

Operational Aim 2.1.1<br />

OUR COMMUNITY<br />

Enhancement of the physical, social and cultural wellbeing of our<br />

community<br />

The community is supported in its recreational pursuits<br />

Promote healthy living activities<br />

POLICY IMPLICATIONS<br />

<strong>Council</strong> has a responsibility to maintain assets and public open space. <strong>Council</strong> recently<br />

received title to the Frederick Street Reserve from the State Government and therefore<br />

has a greater responsibility for its care.<br />

<strong>Council</strong> also has an existing By-Law Public Reserves By Law No 5 of 2003, that provides<br />

requirement for the use of public reserves.<br />

FINANCIAL IMPLICATIONS<br />

<strong>Council</strong> in the absence of the offer from <strong>Wynyard</strong> BMX Park, would need to undertake<br />

remedial work at the former BMX site at considerable expense. The track sits within<br />

remnant bushland which is encroaching on it.<br />

RISK IMPLICATIONS<br />

If left to deteriorate the site will pose risks to casual users who include: horse riders,<br />

motor cyclists, dog walkers and BMX cyclists.<br />

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CONSULTATION PROCESS<br />

There have been ongoing discussions with the members of the <strong>Wynyard</strong> BMX Park Inc. to<br />

determine the capacity of the Club to undertake to establish the track and operate the<br />

club within the reserve.<br />

The WWC Recreation Advisory Special Committee has been briefed on the proposal and<br />

is supportive of a licence agreement being developed and entered into to provide<br />

formality to the establishment of the area.<br />

COMMENT<br />

The <strong>Wynyard</strong> BMX Park Inc. is keen to commence site remediation work as soon as<br />

possible as they have been awarded the State BMX Championships for 2013. The Licence<br />

Agreement provides a licence for <strong>Wynyard</strong> BMX Park to use the premises for a non<br />

exclusive use upon the terms outlined in the attached schedule.<br />

It is therefore recommended that <strong>Council</strong> enter into a licence agreement with <strong>Wynyard</strong><br />

BMX Park Inc. for the use of the former BMX track and associated land located at the<br />

Frederick Street Sports Complex in <strong>Wynyard</strong>.<br />

MOVED BY<br />

SECONDED BY<br />

CR HAWKINS<br />

CR FRIEDERSDORFF<br />

That the <strong>Council</strong> enter into a licence agreement with <strong>Wynyard</strong> BMX Park Inc. for the<br />

use of the former BMX track and associated land located at the Frederick Street Sports<br />

Complex in <strong>Wynyard</strong>.<br />

The MOTION was put and was CARRIED unanimously.<br />

IN FAVOUR<br />

MAYOR WALSH CR BRAMICH CR DEAKIN CR DIBLEY CR DUNIAM<br />

CR FAIRBROTHER CR FRIEDERSDORFF CR HAWKINS CR MOORE CR SMITH<br />

The Executive Manager Organisational and Community Development returned to the<br />

meeting at 7:46pm.<br />

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REFERENCE SCHEDULE<br />

Item 1<br />

Name of Premises<br />

<strong>Wynyard</strong> BMX Track and bush land.<br />

Item 2 Address of Premises<br />

3.929 hectares bounded by Lowe, Atkins, Belton and Skeckleton Street reservations in <strong>Wynyard</strong>,<br />

Tasmania.<br />

Item 3<br />

Name of Licensor<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong><br />

Item 4<br />

Address of Licensor<br />

21 Saunders Street, <strong>Wynyard</strong>, 7325<br />

Item 5 Licensor Contact for Notices<br />

Person/Position:<br />

Greg Winton<br />

General Manager<br />

Telephone Number: Facsimile:<br />

6443 8333<br />

6443 8383<br />

Address:<br />

21 Saunders Street<br />

<strong>Wynyard</strong><br />

Email:<br />

council@warwyn.tas.gov.au<br />

Item 6<br />

Name of Licensee<br />

<strong>Wynyard</strong> BMX Park Incorporated<br />

Item 7<br />

Address of Licensee<br />

34 Goldie Street <strong>Wynyard</strong> 7325<br />

Item 8 Licensee Contact for Notices<br />

Person/Position:<br />

Matt Ellis / President<br />

Address:<br />

40 McPhee Street, Havenview. 7320<br />

Telephone Number: 0402459951 Facsimile: Email: louisenmatt@hotmail.com<br />

Item 9 Land Description<br />

Lot Number: 1 County of: Parish of: Elliott Title Reference: P152615<br />

Item 10 Commencement and Conclusion Dates<br />

Commencement: TBC<br />

Conclusion Date: TBC<br />

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Item 11<br />

Three (3) years<br />

Item 12<br />

Not applicable<br />

Term<br />

Further Term<br />

Item 13 Outgoings<br />

List the outgoings for which the Licensee will be responsible<br />

Energy charges relating to fixtures/ structures installed by the Licensee<br />

List separately the above outgoing that will be paid by the Licensee and the outgoings that will<br />

be included in the hire charge.<br />

Hire Charge for the Frederick Street Sports Complex includes all outgoings incurred by the<br />

Licensor. (e.g. cleaning, energy, service charges)<br />

Item 14 Hire Charges<br />

Amount: In accordance with the fees and<br />

charges schedule for Frederick St. Sports<br />

Complex usage. (revised annually through WWC<br />

Budget process)<br />

Payment time/s:<br />

Monthly or quarterly in advance.<br />

Item 15 Hire Charges Review<br />

Annually on the adoption of new Fees and Charges Schedule commencing 1 July.<br />

Item 16 Description of Premises to be used by the Licensee<br />

Land within Certificate of Title Volume 152615 Folio 1, comprising existing track and facilities<br />

constructed for bicycle motocross (BMX) racing.<br />

General and kiosk facilities within multi-use Frederick Street Reserve Pavilion. (Kiosk use is to be<br />

by agreement with all other users and, in default of such agreement, by <strong>Council</strong> determination.)<br />

Item 17 Permitted Use<br />

Prior to remedial and track work commencing on the site, representatives from <strong>Wynyard</strong> BMX<br />

Park Inc. to meet with the Parks and Recreation Coordinator to agree on the scope of work to be<br />

undertaken.<br />

The conduct of bicycle motocross (BMX) activity including competitive events, practice sessions<br />

and any reasonable ancillary activities.<br />

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Item 18 Hours of use<br />

Type Period Times<br />

To be confirmed by<br />

completion of a “Use of<br />

Facility” application form.<br />

am to am<br />

Item 19<br />

Licensor’s Equipment to be used by Licensee<br />

Track infrastructure existing at the commencement of the term.<br />

pm to pm<br />

am to pm<br />

Item 20 Licensee’s Equipment to be used by Licensor<br />

All infrastructure must be made available for use by the general public.<br />

Starting gate is to be securely rendered inoperable outside organised competitive racing and<br />

supervised practice sessions.<br />

Item 21 Maintenance<br />

List the maintenance requirements for which the Licensee will be responsible<br />

Rehabilitation and maintenance of the track racing surface and infrastructure (including starting<br />

gate) up to a standard appropriate for state championship level competitions.<br />

Item 22 Other Conditions<br />

Amendments to this license are to be signed by both parties and annexed to the Agreement.<br />

All fixtures and/or structures erected or installed by the Licensee will require prior notification<br />

to the Licensor and , where necessary, all relevant licenses and planning, building and plumbing<br />

permits etc. Licensee will be responsible for any required drawings, specifications etc, which are<br />

to be prepared by accredited practitioners approved by the Licensor.<br />

Facilities at multi-use Frederick Street Reserve Pavilion are to be left in clean condition and good<br />

order.<br />

Licensor will erect and maintain warning signage as required. Licensee has a duty to inform<br />

Licensor of any damage to or removal of warning signage.<br />

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Cr Duniam and Cr Moore declared an interest in the following item and left the meeting<br />

at 7:47pm<br />

12.7 COMMUNITY ASSISTANCE SMALL GRANTS PROGRAM – 2012/2013<br />

To:<br />

<strong>Council</strong><br />

Reporting Officer: Administrative Officer<br />

Responsible Manager Executive Manager Organisational and<br />

Community Development<br />

File Reference: 103.04/12<br />

<strong>Council</strong> Report Date: 8 NOVEMBER 2012<br />

Enclosures:<br />

Working Sheet<br />

PURPOSE<br />

This report has been prepared to assist <strong>Council</strong> to determine allocations to be provided<br />

to community organisations under Round two of the 2012 /2013 Community Assistance<br />

Small Grants Program.<br />

BACKGROUND<br />

<strong>Council</strong> received 5 Community Assistance Small Grant applications. Advertisements<br />

appeared in “The Advocate” during October 2012, advising local community<br />

groups/organisations that application forms and policy guidelines were available at the<br />

<strong>Council</strong> Offices in <strong>Wynyard</strong> and <strong>Waratah</strong> or could be downloaded from the <strong>Council</strong>’s<br />

website.<br />

The applications have been categorised under four headings, as follows:<br />

A. Sporting Organisations<br />

B. Community Groups<br />

C. Annual Events<br />

D. Community Support<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 518


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STATUTORY IMPLICATIONS<br />

Statutory Requirements<br />

The Local Government Act 1993 states:<br />

Grants and benefits<br />

77. (1) A council may make a grant or provide a benefit that is not a legal<br />

entitlement to any person, other than a councillor, for any purpose it considers<br />

appropriate.<br />

(2) The details of any grant made or benefit provided are to be included in the<br />

annual report of the council.<br />

STRATEGIC IMPLICATIONS<br />

Strategic Plan Reference<br />

Key Focus Area<br />

Outcome 2.1<br />

Operational Aim 2.1.1<br />

Operational Aim 2.1.4<br />

OUR COMMUNITY<br />

Enhancement of the physical, social and cultural wellbeing of our community.<br />

The Community is supported in its recreational pursuits.<br />

Promote healthy living activities.<br />

Promote and support a range of artistic and cultural activities.<br />

FINANCIAL IMPLICATIONS<br />

The <strong>Council</strong> currently has an amount of $40,000 included within the 2012/2013 approved<br />

budget for this item. The following reconciliation provides an indication of the budget<br />

implications if all of the recommendations provided were to be accepted:<br />

$<br />

Budget Allocation:<br />

Small Grants Program – Round One $40,000<br />

Community Support $10,000<br />

Total $50,000<br />

Less: Recommendation Round One $22,716.20<br />

Less: Recommendation Round Two $4,394<br />

Less: Recommendation Community Support $6,850<br />

Less : Recommendation Community Support Round Two $500<br />

Balance Available $15,539.80<br />

A schedule of all applications received, the recommended grant and the proposed<br />

contribution is enclosed.<br />

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DETAILS<br />

To assist <strong>Council</strong> in reviewing the applications received, staff undertook an initial<br />

assessment and provided some officers’ comments and recommendations.<br />

RISK IMPLICATIONS<br />

There is a risk that community groups who receive a grant will have an expectation of a<br />

similar amount of support in following years and that a precedent is set for groups of a<br />

similar interest and nature to also be supported by <strong>Council</strong>.<br />

This risk can be minimised by advising applicants that the provision of a community<br />

assistance grant this financial year does not set a precedent for allocation of a similar<br />

amount in future budgets.<br />

Risk is also minimised by applying the guidelines for disbursement of the grants and the<br />

following acquittal process:<br />

Disbursement of Grant<br />

Organisations that are awarded a project-related grant will be required to produce<br />

evidence of the required expenditure, i.e. quotations or accounts for payment, prior to<br />

the funds being disbursed.<br />

Funding may be disbursed in progress payments.<br />

All other Federal, State and Local Government statutory, development and building<br />

approvals must be obtained prior to the grant being disbursed.<br />

Acquittal Process<br />

An acquittal report must be submitted for project-related grants with each progress<br />

payment claim for grant.<br />

A responsible Office Bearer of the organisation that receives a grant, must lodge an<br />

Acquittal Report at the conclusion of the project, detailing how the funds have been<br />

spent and outlining the success or otherwise of the project.<br />

There is also a risk that unsuccessful applicants will be disappointed with <strong>Council</strong>’s<br />

decision. Where possible the applicants should be advised of other avenues to source<br />

funding for their projects.<br />

COMMENT<br />

This report is presented for <strong>Council</strong> consideration.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 520


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MOVED BY<br />

SECONDED BY<br />

CR FRIEDERSDORFF<br />

CR DIBLEY<br />

That the <strong>Council</strong>:<br />

(a)<br />

provide community assistance grants to the following organisations in line with<br />

the comments included within this report:<br />

SMALL GRANTS APPLICATIONS<br />

Organisation $<br />

<strong>Wynyard</strong> Gymnastics Club Inc 1,000<br />

<strong>Wynyard</strong> Football Club 2,000<br />

North west Bird Club Inc. Tasmania 394<br />

Rotary Club of Somerset 1,000<br />

<strong>Wynyard</strong> Bowls Club Inc 0<br />

Total Small Grants Program Recommendations 4,394<br />

(b)<br />

(c)<br />

maintain the balance of the 2012 / 2013 budget allocation as a contingency<br />

fund; and<br />

advise all organisations which applied for a community assistance small grant of<br />

the outcome of <strong>Council</strong>’s deliberations in line with the information provided<br />

with this report.<br />

The MOTION was put and was CARRIED unanimously.<br />

IN FAVOUR<br />

MAYOR WALSH CR BRAMICH CR DEAKIN CR DIBLEY<br />

CR FAIRBROTHER CR FRIEDERSDORFF CR HAWKINS CR SMITH<br />

Cr Duniam and Cr Moore returned to the meeting at 7:49pm<br />

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<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 522


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12.8 CREDIT CARD POLICY<br />

To:<br />

<strong>Council</strong><br />

Reporting Officer: Executive Manager Financial Services<br />

Responsible Manager: Executive Manager Financial Services<br />

Report Date: 18 October 2012<br />

File Reference: 109.01<br />

Enclosures:<br />

Credit Card Policy<br />

PURPOSE<br />

The purpose of this report is to allow <strong>Council</strong> to endorse for public consultation, a draft<br />

policy on Credit Card usage.<br />

BACKGROUND<br />

<strong>Council</strong> maintains a register of the policies it has adopted in relation to its operations and<br />

activities. Currently <strong>Council</strong> does not have a Policy on Credit Cards. As part of the last<br />

audit it was recommended by the Auditor General that all <strong>Council</strong>s have a policy<br />

regarding the governance of credit card facilities and usage.<br />

DETAILS<br />

<strong>Council</strong> has a credit card facility with the Commonwealth Bank that all of its credit cards<br />

are linked to and once a month the account is cleared from the Cheque account.<br />

This policy will minimise the chance of inappropriate or fraudulent use of <strong>Council</strong>’s credit<br />

cards . The draft policy gives clear guidelines as to the process and procedures regarding<br />

the use of credit cards, who can authorise the issuing of credit cards, the responsibility of<br />

the card holder, lost and stolen cards and the recovery of unauthorised expenditures.<br />

STATUTORY IMPLICATIONS<br />

Statutory Requirements<br />

There are no significant statutory implications<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 523


Reports of Officers and Committees<br />

STRATEGIC IMPLICATIONS<br />

Strategic Plan Reference<br />

Key Focus Area:<br />

Outcome 4.3<br />

Operational Aim 4.3.2<br />

CIVIC LEADERSHIP AND GOVERNANCE<br />

A well-managed <strong>Council</strong> that services the municipality with integrity and has<br />

a strong voice in the region<br />

<strong>Council</strong> is managed in a financially sustainable and responsible manner<br />

Establish and maintain systems to support timely and efficient financial<br />

reporting<br />

POLICY IMPLICATIONS<br />

There are no significant policy implications identified.<br />

FINANCIAL IMPLICATIONS<br />

There are no significant financial implications.<br />

RISK IMPLICATIONS<br />

By adopting the Credit Card Policy, <strong>Council</strong> will be reducing their risk in association with<br />

credit card fraud.<br />

COMMENT<br />

It is therefore recommended that the <strong>Council</strong> endorses the draft Credit Card Policy for<br />

public comment.<br />

MOVED BY<br />

SECONDED BY<br />

CR DIBLEY<br />

CR SMITH<br />

That the <strong>Council</strong> endorses the draft Credit Card Policy for public comment.<br />

The MOTION was put and was CARRIED unanimously.<br />

IN FAVOUR<br />

MAYOR WALSH CR BRAMICH CR DEAKIN CR DIBLEY CR DUNIAM<br />

CR FAIRBROTHER CR FRIEDERSDORFF CR HAWKINS CR MOORE CR SMITH<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 524


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<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 525


Reports of Officers and Committees<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 526


Reports of Officers and Committees<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 527


Reports of Officers and Committees<br />

12.9 FINANCIAL REPORT FOR THE PERIOD ENDED 31 OCTOBER 2012<br />

To:<br />

<strong>Council</strong><br />

Reporting Officer:<br />

Accountant<br />

Responsible Manager: Executive Manager Financial Services<br />

Report Date: 8 November 2012<br />

File Reference: 100.10<br />

Enclosures:<br />

Cash Position<br />

Rate summary<br />

Financial Statement<br />

Capital Works Quarterly Statement<br />

PURPOSE<br />

To provide an overview, summarising the financial position of the organisation on a<br />

monthly basis.<br />

BACKGROUND<br />

The financial reports presented incorporate:<br />

Cash Position<br />

Rate Summary<br />

Financial Statement<br />

capital works quarterly Statement<br />

DETAILS<br />

Nil<br />

STATUTORY IMPLICATIONS<br />

This special purpose financial report is prepared under Australian Accounting Standards<br />

and the Local Government Act 1993.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 528


Reports of Officers and Committees<br />

STRATEGIC IMPLICATIONS<br />

Strategic Plan Reference<br />

Key Focus Area:<br />

Outcome 4.3<br />

Operational Aim<br />

4.3.2<br />

CIVIC LEADERSHIP AND GOVERNANCE<br />

A well-managed <strong>Council</strong> that services the municipality with integrity and has a<br />

strong voice in the region<br />

<strong>Council</strong> is managed in a financially sustainable and responsible manner<br />

Establish and maintain systems to support timely and efficient financial reporting<br />

POLICY IMPLICATIONS<br />

The contents of this special purpose financial report are prepared under the guidance of<br />

<strong>Council</strong> policies.<br />

FINANCIAL IMPLICATIONS<br />

No significant financial implications have been identified.<br />

RISK IMPLICATIONS<br />

No significant risk implications have been identified.<br />

CONSULTATION PROCESS<br />

Nil<br />

COMMENT<br />

It is therefore recommended that the <strong>Council</strong> notes the Financial Reports for the period<br />

ended 31 October 2012<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 529


Reports of Officers and Committees<br />

MOVED BY<br />

SECONDED BY<br />

CR DIBLEY<br />

CR FRIEDERSDORFF<br />

That the <strong>Council</strong> notes Financial Reports for the period ended 31 October 2012.<br />

The MOTION was put and was CARRIED unanimously.<br />

IN FAVOUR<br />

MAYOR WALSH CR BRAMICH CR DEAKIN CR DIBLEY CR DUNIAM<br />

CR FAIRBROTHER CR FRIEDERSDORFF CR HAWKINS CR MOORE CR SMITH<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 530


Reports of Officers and Committees<br />

CASH POSITION AS AT 31 OCTOBER 2012<br />

FINANCIAL INVESTMENTS INVESTMENTS BALANCE WEIGHTED AVERAGE<br />

$ $ RETURN<br />

Deposits with Financial Institutions 11,010,971 ANZ Bank 4,100,000 4.81%<br />

Westpac Bank 6,900,000 4.88%<br />

Commonwealth Bank 171,532 2.59%<br />

BANK BALANCES AND CASH<br />

Petty Cash and Till Floats 2,870 Petty Cash and Till Floats 2,870<br />

Trading Account 160,561<br />

BALANCE (ALL ACCOUNTS) $11,174,402 $11,174,402 4.82%<br />

CASH & INVESTMENTS<br />

$14,000,000<br />

$12,000,000<br />

$10,000,000<br />

$8,000,000<br />

$6,000,000<br />

$4,000,000<br />

$2,000,000<br />

$-<br />

1 2 3 4 5 6 7 8 9 10 11 12<br />

MONTH<br />

2012-13<br />

2011-12<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 531


Reports of Officers and Committees<br />

SUMMARY <strong>OF</strong> RATES AND CHARGES LEVIED, REMITTED AND COLLECTED<br />

1 JULY 2012 TO 31 OCTOBER 2012<br />

Notice Issue Date - 27 July 2012 2012/2013 2011/2012<br />

% $ % $<br />

OUTSTANDING RATE DEBTORS AS AT 1 JULY 2012 2.38% 221,054 1.59% 141,298<br />

ADD CURRENT RATES AND CHARGES LEVIED<br />

(Including penalties) 97.62% 9,060,803 98.41% 8,743,324<br />

GROSS RATES AND CHARGES DEMANDED 100.00% $ 9,281,857 100.00% $ 8,884,622<br />

LESS RATES AND CHARGES COLLECTED 72.97% 6,772,830 73.52% 6,531,579<br />

REMISSIONS AND DISCOUNTS ** 11.04% 1,024,487 11.20% 995,407<br />

84.01% $ 7,797,317 84.72% $ 7,526,986<br />

ADD PROPERTIES IN CREDIT -0.89% 82,392 -0.74% 66,077<br />

UNPAID RATES AND CHARGES (Includes Deferred Rates) 16.88% $ 1,566,933 15.28% $ 1,357,636<br />

** REMISSIONS AND DISCOUNTS 2012/2013 2011/2012<br />

Discount 526,517 512,001<br />

Pensioner Rebates 496,528 477,390<br />

<strong>Council</strong> Remissions and Abandonments 1,442 6,016<br />

$ 1,024,487 $ 995,407<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 532


Reports of Officers and Committees<br />

WARATAH-WYNYARD COUNCIL<br />

FINANCIAL STATEMENT FOR THE PERIOD ENDED 31.10.12<br />

Estimate Actual to Variation Note<br />

2012/13 31.10.12 Act v Est No.<br />

$ $ $ %<br />

SUMMARY<br />

GOVERNANCE SURPLUS/(DEFICIT) 6,729,165 5,870,064 (859,101) 87%<br />

FINANCIAL SERVICES SURPLUS/(DEFICIT) 230,865 161,498 (69,367) 70%<br />

COMMUNITY SERVICES SURPLUS/(DEFICIT) (1,287,112) (425,285) 861,827 33%<br />

DEVELOPMENT SERVICES SURPLUS/(DEFICIT) (565,851) (180,372) 385,479 32%<br />

ENGINEERING SERVICES SURPLUS/(DEFICIT) (5,630,810) (694,633) 4,936,177 12%<br />

TOTAL COUNCIL SURPLUS/(DEFICIT) (523,743) 4,731,272 5,255,015 -903%<br />

GOVERNANCE<br />

COUNCIL<br />

Income 8,755,246 6,791,219 (1,964,027) 78% 1<br />

Expenses 36,905 13,214 (23,691) 36%<br />

COUNCIL SURPLUS/(DEFICIT) 8,718,341 6,778,005 (1,940,336) 78%<br />

ELECTED MEMBERS<br />

Income - 79 79 100%<br />

Expenses 284,759 90,028 (194,731) 32%<br />

ELECTED MEMBERS SURPLUS/(DEFICIT) (284,759) (89,949) 194,810 32%<br />

GENERAL MANAGER'S <strong>OF</strong>FICE<br />

Income 110,673 24,875 (85,798) 22%<br />

Expenses 304,998 119,901 (185,097) 39%<br />

EXECUTIVE MANAGEMENT SURPLUS/(DEFICIT) (194,325) (95,026) 99,299 49%<br />

CIVIC/CEREMONIAL FUNCTIONS<br />

Income - - - 100%<br />

Expenses 8,900 73 (8,827) 1%<br />

CIVIC/CEREMONIAL SURPLUS/(DEFICIT) (8,900) (73) 8,827 1%<br />

STRATEGIC PROJECTS <strong>OF</strong>FICE<br />

Income - - - 100%<br />

Expenses 114,223 - (114,223) 0%<br />

STRATEGIC PROJECTS <strong>OF</strong>FICE SURPLUS/(DEFICIT) (114,223) - 114,223 0%<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 533


Reports of Officers and Committees<br />

Estimate Actual to Variation Note<br />

2012/13 31.10.12 Act v Est No.<br />

$ $ $ %<br />

OTHER COUNCIL GOVERNANCE<br />

Income - - - 100%<br />

Expenses 652,200 519,038 (133,162) 80% 1<br />

OTHER GOVERNANCE SURPLUS/(DEFICIT) (652,200) (519,038) 133,162 80%<br />

POLICY & PERFORMANCE<br />

Income - - - 100%<br />

Expenses 191,425 48,550 (142,875) 25%<br />

POLICY & PERFORMANCE SURPLUS/(DEFICIT) (191,425) (48,550) 142,875 25%<br />

CORPORATE COMMUNICATIONS<br />

Income 46,512 10,329 (36,183) 22%<br />

Expenses 98,258 28,040 (70,218) 29%<br />

CORPORATE COMMUNICATIONS SURPLUS/(DEFICIT) (51,746) (17,711) 34,035 34%<br />

EXECUTIVE MANAGER'S <strong>OF</strong>FICE<br />

Income - 1,391 1,391 100%<br />

Expenses 282,187 81,008 (201,179) 29%<br />

EXECUTIVE MANAGER'S <strong>OF</strong>FICE SURPLUS/(DEFICIT) (282,187) (79,617) 202,570 28%<br />

RECORDS MANAGEMENT<br />

Income - - - 100%<br />

Expenses 153,991 41,045 (112,946) 27%<br />

RECORDS MANAGEMENT SURPLUS/(DEFICIT) (153,991) (41,045) 112,946 27%<br />

EMERGENCY MANAGEMENT<br />

Income 1,030 3,012 1,982 292% 2<br />

Expenses 56,450 19,944 (36,506) 35%<br />

EMERGENCY MANAGEMENT SURPLUS/(DEFICIT) (55,420) (16,932) 38,488 31%<br />

GOVERNANCE TOTAL SURPLUS/(DEFICIT) 6,729,165 5,870,064 (859,101) 87%<br />

1 Rates and Discount raised in July<br />

2 Unbudgeted Reimbursements<br />

FINANCIAL SERVICES<br />

WARATAH <strong>OF</strong>FICE<br />

Income 32,550 9,579 (22,971) 29%<br />

Expenses 107,605 36,704 (70,901) 34%<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 534


Reports of Officers and Committees<br />

Estimate Actual to Variation Note<br />

2012/13 31.10.12 Act v Est No.<br />

$ $ $ %<br />

WARATAH <strong>OF</strong>FICE SURPLUS/(DEFICIT) (75,055) (27,125) 47,930 36%<br />

WYNYARD <strong>OF</strong>FICE ACCOMMODATION<br />

Income 137,361 46,674 (90,687) 34%<br />

Expenses 138,361 46,674 (91,687) 34%<br />

WYNYARD <strong>OF</strong>FICE ACCOMMODATION SURPLUS/(DEFICIT) (1,000) - 1,000 0%<br />

FINANCIAL SERVICES<br />

Income 821,868 163,789 (658,079) 20%<br />

Expenses 534,411 180,248 (354,163) 34%<br />

FINANCIAL SERVICES SURPLUS/(DEFICIT) 287,457 (16,459) (303,916) -6%<br />

INFORMATION TECHNOLOGY<br />

Income 322,085 114,411 (207,674) 36%<br />

Expenses 322,085 116,563 (205,522) 36%<br />

INFORMATION TECHNOLOGY SURPLUS/(DEFICIT) - (2,152) (2,152) 100%<br />

WARATAH UNITS<br />

Income 2,964 912 (2,052) 31%<br />

Expenses 7,476 1,434 (6,042) 19%<br />

WARATAH UNITS SURPLUS/(DEFICIT) (4,512) (522) 3,990 12%<br />

SUNDRY RENTALS<br />

Income 42,740 15,349 (27,391) 36%<br />

Expenses 36,261 12,136 (24,125) 33%<br />

SUNDRY RENTALS SURPLUS/(DEFICIT) 6,479 3,213 (3,266) 50%<br />

LABOUR ONCOSTS<br />

Income 1,689,425 653,164 (1,036,261) 39%<br />

Expenses 1,689,425 564,069 (1,125,356) 33%<br />

LABOUR ONCOSTS SURPLUS/(DEFICIT) - 89,095 89,095 100%<br />

PLANT HIRE (Recovered)<br />

Income 810,223 226,381 (583,842) 28%<br />

Expenses 810,223 342,325 (467,898) 42%<br />

PLANT HIRE SURPLUS/(DEFICIT) - (115,943) (115,943) 100%<br />

URBAN FIRE<br />

Income 191,241 184,387 (6,854) 96% 1<br />

Expenses 183,064 61,021 (122,043) 33%<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 535


Reports of Officers and Committees<br />

Estimate Actual to Variation Note<br />

2012/13 31.10.12 Act v Est No.<br />

$ $ $ %<br />

URBAN FIRE SURPLUS/(DEFICIT) 8,177 123,366 115,189 1509%<br />

RURAL FIRE<br />

Income 168,033 160,940 (7,093) 96% 1<br />

Expenses 158,714 52,915 (105,799) 33%<br />

RURAL FIRE SURPLUS/(DEFICIT) 9,319 108,025 98,706 1159%<br />

FINANCE SERVICES SURPLUS/(DEFICIT) 230,865 161,498 (69,367) 70%<br />

NOTES:<br />

1 Rates and Discount raised in July<br />

COMMUNITY SERVICES<br />

COMMUNITY SUPPORT SERVICES<br />

Income 3,000 - (3,000) 0%<br />

Expenses 321,729 110,070 (211,659) 34%<br />

COMMUNITY SERVICES SURPLUS/(DEFICIT) (318,729) (110,070) 208,659 35%<br />

COMMUNITY DEVELOPMENT<br />

Income - 10,754 10,754 0%<br />

Expenses 211,865 63,437 (148,428) 30%<br />

COMMUNITY DEVELOPMENT SURPLUS/(DEFICIT) (211,865) (52,683) 159,182 25%<br />

WYNYARD SENIOR CITIZENS<br />

Income - 598 598 100%<br />

Expenses 10,570 3,264 (7,306) 31%<br />

WYNYARD SENIOR CITIZENS SURPLUS/(DEFICIT) (10,570) (2,666) 7,904 25%<br />

SISTERS BEACH TRANSLATOR<br />

Income - - - 0%<br />

Expenses 20,889 5,761 (15,128) 28%<br />

SISTERS BEACH TRANSLATOR SURPLUS/(DEFICIT) (20,889) (5,761) 15,128 28%<br />

LINK CHILD CARE CENTRE<br />

Income 864,419 266,071 (598,348) 31%<br />

Expenses 819,161 291,472 (527,689) 36%<br />

LINK CHILD CARE CENTRE SURPLUS/(DEFICIT) 45,258 (25,401) (70,659) -56%<br />

WARATAH CHILD CARE CENTRE<br />

Income 16,500 9,068 (7,432) 55%<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 536


Reports of Officers and Committees<br />

Estimate Actual to Variation Note<br />

2012/13 31.10.12 Act v Est No.<br />

$ $ $ %<br />

Expenses 22,128 4,149 (17,979) 19%<br />

WARATAH CHILD CARE CENTRE SURPLUS/(DEFICIT) (5,628) 4,919 10,547 -87%<br />

PUDDLE DUCK PLAY CENTRE<br />

Income 440 - (440) 0%<br />

Expenses 10,330 6,132 (4,198) 59%<br />

PUDDLEDUCK PLAY CENTRE SURPLUS/(DEFICIT) (9,890) (6,132) 3,758 62%<br />

YEAR ROUND CARE<br />

Income 135,325 47,492 (87,833) 35%<br />

Expenses 109,656 35,617 (74,039) 32%<br />

YEAR ROUND CARE SURPLUS/(DEFICIT) 25,669 11,875 (13,794) 46%<br />

BOAT HARBOUR AFTER SCHOOL HOURS CARE<br />

Income 38,000 14,373 (23,627) 38%<br />

Expenses 35,759 14,085 (21,674) 39%<br />

BOAT HARBOUR AFTER SCHOOL HOURS CARE SURPLUS/(DEFICIT) 2,241 288 (1,953) 13%<br />

NOTES:<br />

YOLLA AFTER SCHOOL HOURS CARE<br />

Income 22,800 5,564 (17,236) 24%<br />

Expenses 30,772 11,760 (19,012) 38%<br />

YOLLA AFTER SCHOOL HOURS CARE SURPLUS/(DEFICIT) (7,972) (6,196) 1,776 78%<br />

RISK/OCCUPATIONAL HEALTH AND SAFETY<br />

Income 46,529 10,799 (35,730) 23%<br />

Expenses 164,798 31,945 (132,853) 19%<br />

RISK/OCCUPATIONAL HEALTH AND SAFETY SURPLUS/(DEFICIT) (118,269) (21,146) 97,123 18%<br />

HUMAN RESOURCE MANAGEMENT<br />

Income 48,965 11,362 (37,603) 23%<br />

Expenses 232,531 62,573 (169,958) 27%<br />

HUMAN RESOURCE MANAGEMENT SURPLUS/(DEFICIT) (183,566) (51,211) 132,355 28%<br />

WYNYARD EXHIBITION CENTRE<br />

Income 70,000 15,821 (54,179) 23%<br />

Expense 341,225 103,930 (237,295) 30%<br />

WYNYARD EXHIBITION CENTRE SURPLUS/(DEFICIT) (271,225) (88,109) 183,116 32%<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 537


Reports of Officers and Committees<br />

Estimate Actual to Variation Note<br />

2012/13 31.10.12 Act v Est No.<br />

$ $ $ %<br />

FOSSEY INFORMATION BAY<br />

Income - - - 100%<br />

Expenses 7,630 2,077 (5,553) 27%<br />

FOSSEY INFORMATION BAY SURPLUS/(DEFICIT) (7,630) (2,077) 5,553 27%<br />

TULIP FESTIVAL<br />

Income 34,800 17,093 (17,707) 49%<br />

Expenses 102,596 63,992 (38,604) 62%<br />

TULIP FESTIVAL SURPLUS/(DEFICIT) (67,796) (46,899) 20,897 69%<br />

WARATAH MUSEUM/ATHENAEUM HALL<br />

Income - 439 439 100%<br />

Expenses 62,316 14,232 (48,084) 23%<br />

WARATAH MUSEUM/ATHENAEUM HALL SURPLUS/(DEFICIT) (62,316) (13,793) 48,523 22%<br />

WARATAH CAMPING GROUND<br />

Income 22,000 2,552 (19,448) 12%<br />

Expenses 21,265 8,446 (12,819) 40%<br />

WARATAH CAMPING GROUND SURPLUS/(DEFICIT) 735 (5,894) (6,629) -802%<br />

KENWORTHY STAMPER MILL<br />

Income 700 (700) 0%<br />

Expenses 3,075 1,018 (2,057) 33%<br />

KENWORTHY STAMPER MILL SURPLUS/(DEFICIT) (2,375) (1,018) 1,357 43%<br />

OTHER TOURISM<br />

Income - - - 100%<br />

Expenses 62,295 3,311 (58,984) 5%<br />

OTHER TOURISM SURPLUS/(DEFICIT) (62,295) (3,311) 58,984 5%<br />

COMMUNITY SERVICES SURPLUS/(DEFICIT) (1,287,112) (425,285) 861,827 33%<br />

NOTES:<br />

DEVELOPMENT SERVICES<br />

BUILDING CONTROL<br />

Income 56,900 26,406 (30,494) 46%<br />

Expenses 149,536 32,420 (117,116) 22%<br />

BUILDING SERVICES SURPLUS/(DEFICIT) (92,636) (6,014) 86,622 6%<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 538


Reports of Officers and Committees<br />

Estimate Actual to Variation Note<br />

2012/13 31.10.12 Act v Est No.<br />

$ $ $ %<br />

HEALTH SERVICES<br />

Income 14,000 14,247 247 102% 1<br />

Expenses 161,861 54,739 (107,122) 34%<br />

HEALTH SERVICES SURPLUS/(DEFICIT) (147,861) (40,492) 107,369 27%<br />

TOWN PLANNING<br />

Income 120,500 37,536 (82,964) 31%<br />

Expenses 445,854 171,402 (274,452) 38%<br />

TOWN PLANNING SURPLUS/(DEFICIT) (325,354) (133,866) 191,488 41%<br />

DEVELOPMENT SERVICES SURPLUS/(DEFICIT) (565,851) (180,372) 385,479 32%<br />

NOTES:<br />

1 Place of Assembly & Food Registrations are raised in July<br />

ENGINEERING SERVICES<br />

ENGINEERING SERVICES<br />

Income 239,968 60,022 (179,946) 25%<br />

Expenses (706,686) (86,557) 620,129 12%<br />

ENGINEERING SUPPORT SERVICES SURPLUS/(DEFICIT) 946,654 146,579 (800,075) 15%<br />

COMPLIANCE UNIT<br />

Income 39,780 35,932 (3,848) 90% 1<br />

Expenses 187,624 43,493 (144,131) 23%<br />

COMPLIANCE UNIT SURPLUS/DEFICIT (147,844) (7,561) 140,283 5%<br />

WORKS & SERVICES<br />

Income 17,056 6,120 (10,936) 36%<br />

Expenses 652,693 188,444 (464,249) 29%<br />

WORKS & SERVICES SURPLUS/(DEFICIT) (635,637) (182,324) 453,313 29%<br />

WYNYARD TRANSFER STATION<br />

Income 519,093 460,677 (58,416) 89% 2<br />

Expenses 784,802 189,085 (595,717) 24%<br />

WYNYARD TRANSFER STATION SURPLUS/(DEFICIT) (265,709) 271,592 537,301 -102%<br />

WARATAH TRANSFER STATION<br />

Income - - - 100%<br />

Expenses 71,490 19,957 (51,533) 28%<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 539


Reports of Officers and Committees<br />

Estimate Actual to Variation Note<br />

2012/13 31.10.12 Act v Est No.<br />

$ $ $ %<br />

WARATAH TRANSFER STATION SURPLUS/(DEFICIT) (71,490) (19,957) 51,533 28%<br />

WOODCHIPPING<br />

Income 200 - (200) 0%<br />

Expenses 23,241 10,899 (12,342) 47%<br />

WOODCHIPPING SURPLUS/(DEFICIT) (23,041) (10,899) 12,142 47%<br />

ABANDONED VEHICLES<br />

Income 1,000 - (1,000) 0%<br />

Expenses 500 - (500) 0%<br />

ABANDONED VEHICLES SURPLUS/(DEFICIT) 500 - (500) 0%<br />

URBAN COLLECTION SERVICE<br />

Income 709,420 720,176 10,756 102% 2<br />

Expenses 619,300 187,441 (431,859) 30%<br />

URBAN COLLECTION SERVICE SURPLUS/(DEFICIT) 90,120 532,735 442,615 591%<br />

WARATAH COLLECTION SERVICE<br />

Income - - - 0%<br />

Expenses 11,840 2,656 (9,184) 22%<br />

WARATAH COLLECTION SERVICE SURPLUS/(DEFICIT) (11,840) (2,656) 9,184 22%<br />

KERBSIDE RECYCLING<br />

Income 275,108 279,279 4,171 102% 2<br />

Expenses 414,199 78,322 (335,877) 19%<br />

KERBSIDE RECYCLING SURPLUS/(DEFICIT) (139,091) 200,957 340,048 -144%<br />

CEMETERY OPERATIONS<br />

Income 42,500 12,957 (29,543) 30%<br />

Expenses 128,973 27,837 (101,136) 22%<br />

CEMETERY OPERATIONS SURPLUS/(DEFICIT) (86,473) (14,880) 71,593 17%<br />

NOTES:<br />

1 Dog License issued in July<br />

2 Rates & Discount raised in July<br />

PUBLIC CONVENIENCES<br />

Income - - - 0%<br />

Expenses 260,502 68,188 (192,314) 26%<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 540


Reports of Officers and Committees<br />

Estimate Actual to Variation Note<br />

2012/13 31.10.12 Act v Est No.<br />

$ $ $ %<br />

PUBLIC CONVENIENCES SURPLUS/(DEFICIT) (260,502) (68,188) 192,314 26%<br />

TRANSPORT<br />

WYNYARD SEALED ROADS<br />

Income 382,652 34,612 (348,040) 9%<br />

Expenses 950,307 288,940 (661,367) 30%<br />

WYNYARD SEALED ROADS SURPLUS/(DEFICIT) (567,655) (254,328) 313,327 45%<br />

SOMERSET SEALED ROADS<br />

Income 215,449 19,437 (196,012) 9%<br />

Expenses 535,062 157,787 (377,275) 29%<br />

SOMERSET SEALED ROADS SURPLUS/(DEFICIT) (319,613) (138,350) 181,263 43%<br />

RURAL SEALED ROADS<br />

Income 560,112 50,530 (509,582) 9%<br />

Expenses 1,391,024 466,956 (924,068) 34%<br />

RURAL SEALED ROADS SURPLUS/(DEFICIT) (830,912) (416,426) 414,486 50%<br />

RURAL UNSEALED ROADS<br />

Income 350,684 31,637 (319,047) 9%<br />

Expenses 870,914 329,602 (541,312) 38%<br />

RURAL UNSEALED ROAD SURPLUS/(DEFICIT) (520,230) (297,965) 222,265 57%<br />

URBAN BRIDGES<br />

Income 61,201 3,571 (57,630) 6%<br />

Expenses 151,991 46,421 (105,570) 31%<br />

URBAN BRIDGES SURPLUS/(DEFICIT) (90,790) (42,850) 47,940 47%<br />

RURAL BRIDGES<br />

Income 106,728 6,228 (100,500) 6%<br />

Expenses 265,057 75,426 (189,631) 28%<br />

RURAL BRIDGES SURPLUS/(DEFICIT) (158,329) (69,198) 89,131 44%<br />

SAUNDERS STREET CARPARK<br />

Income - - - 0%<br />

Expenses 9,318 3,138 (6,180) 34%<br />

SAUNDERS STREET CARPARK SURPLUS/(DEFICIT) (9,318) (3,138) 6,180 34%<br />

COMMUNITY CENTRE CARPARK<br />

Income - - - 0%<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 541


Reports of Officers and Committees<br />

Estimate Actual to Variation Note<br />

2012/13 31.10.12 Act v Est No.<br />

$ $ $ %<br />

Expenses 2,579 249 (2,330) 10%<br />

COMMUNITY CENTRE CARPARK SURPLUS/(DEFICIT) (2,579) (249) 2,330 10%<br />

BALLAST GRAVEL PIT<br />

Income - - - 0%<br />

Expenses 90,739 16,850 (73,889) 19%<br />

BALLAST GRAVEL PIT SURPLUS/(DEFICIT) (90,739) (16,850) 73,889 19%<br />

OTHER GRAVEL PITS<br />

Income - - - 0%<br />

Expenses 2,992 1,154 (1,838) 39%<br />

OTHER GRAVEL PITS SURPLUS/(DEFICIT) (2,992) (1,154) 1,838 39%<br />

NOTES:<br />

RESERVES<br />

WYNYARD FORESHORE<br />

Income 1,000 - (1,000) 0%<br />

Expenses 80,064 33,257 (46,807) 42%<br />

WYNYARD FORESHORE SURPLUS/(DEFICIT) (79,064) (33,257) 45,807 42%<br />

GUTTERIDGE GARDENS<br />

Income - - - 0%<br />

Expenses 114,960 35,904 (79,056) 31%<br />

GUTTERIDGE GARDENS SURPLUS/(DEFICIT) (114,960) (35,904) 79,056 31%<br />

APEX PARK<br />

Income - - - 0%<br />

Expenses 7,569 1,418 (6,151) 19%<br />

APEX PARK SURPLUS/(DEFICIT) (7,569) (1,418) 6,151 19%<br />

WALKING TRACKS - WYNYARD<br />

Income - - - 0%<br />

Expenses 81,333 21,125 (60,208) 26%<br />

WALKING TRACKS - WYNYARD SURPLUS/(DEFICIT) (81,333) (21,125) 60,208 26%<br />

YACHT CLUB/WHARF RESERVE<br />

Income - - - 0%<br />

Expenses 41,079 16,327 (24,752) 40%<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 542


Reports of Officers and Committees<br />

Estimate Actual to Variation Note<br />

2012/13 31.10.12 Act v Est No.<br />

$ $ $ %<br />

YACHT CLUB/WHARF RESERVE SURPLUS/DEFICIT (41,079) (16,327) 24,752 40%<br />

CIVIC PARK - WYNYARD<br />

Income - - - 0%<br />

Expenses 33,687 9,636 (24,051) 29%<br />

CIVIC PARK WYNYARD SURPLUS/(DEFICIT) (33,687) (9,636) 24,051 29%<br />

<strong>TABLE</strong> CAPE LIGHTHOUSE RESERVE<br />

Income - - - 0%<br />

Expenses 27,986 5,986 (22,000) 21%<br />

<strong>TABLE</strong> CAPE LIGHTHOUSE RESERVE SURPLUS/(DEFICIT) (27,986) (5,986) 22,000 21%<br />

OTHER RESERVES - WYNYARD<br />

Income - 100,100 100,100 0% 1<br />

Expenses 168,708 44,558 (124,150) 26%<br />

OTHER RESERVES - WYNYARD SURPLUS/(DEFICIT) (168,708) 55,542 224,250 -33%<br />

FORESHORE - SOMERSET<br />

Income - - - 0%<br />

Expenses 40,746 57,221 16,475 140%<br />

FORESHORE - SOMERSET SURPLUS/(DEFICIT) (40,746) (57,221) (16,475) 140%<br />

ANZAC PARK<br />

Income - - 0%<br />

Expenses 47,787 12,386 (35,401) 26%<br />

ANZAC PARK SURPLUS/(DEFICIT) (47,787) (12,386) 35,401 26%<br />

CAM RIVER RESERVE<br />

Income - - - 0%<br />

Expenses 54,730 11,672 (43,058) 21%<br />

CAM RIVER RESERVE SURPLUS/(DEFICIT) (54,730) (11,672) 43,058 21%<br />

ZIG-ZAG TRACK<br />

Income - - - 0%<br />

Expenses 6,691 1,827 (4,864) 27%<br />

ZIG-ZAG TRACK SURPLUS/(DEFICIT) (6,691) (1,827) 4,864 27%<br />

OTHER RESERVES - SOMERSET<br />

Income - - - 0%<br />

Expenses 78,167 14,942 (63,225) 19%<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 543


Reports of Officers and Committees<br />

Estimate Actual to Variation Note<br />

2012/13 31.10.12 Act v Est No.<br />

$ $ $ %<br />

OTHER RESERVES - SOMERSET SURPLUS/(DEFICIT) (78,167) (14,942) 63,225 19%<br />

BOAT HARBOUR BEACH RESERVE<br />

Income - - - 0%<br />

Expenses 65,694 18,360 (47,334) 28%<br />

BOAT HARBOUR BEACH RESERVE SURPLUS/(DEFICIT) (65,694) (18,360) 47,334 28%<br />

NOTES:<br />

1 Recreational Boating Fund Grant - September 2012<br />

SISTERS BEACH FORESHORE<br />

Income - - - 0%<br />

Expenses 84,013 23,303 (60,710) 28%<br />

SISTERS BEACH FORESHORE SURPLUS/(DEFICIT) (84,013) (23,303) 60,710 28%<br />

FRENCH'S ROAD NATURE RESERVE<br />

Income - - - 0%<br />

Expenses 10,755 975 (9,780) 9%<br />

FRENCH'S ROAD NATURE RESERVE SURPLUS/(DEFICIT) (10,755) (975) 9,780 9%<br />

WARATAH GARDENS<br />

Income - - - 0%<br />

Expenses 21,583 4,989 (16,594) 23%<br />

WARATAH GARDENS SURPLUS/(DEFICIT) (21,583) (4,989) 16,594 23%<br />

WAR MEMORIAL PARK<br />

Income - - - 0%<br />

Expenses 4,129 400 (3,729) 10%<br />

WAR MEMORIAL PARK SURPLUS/(DEFICIT) (4,129) (400) 3,729 10%<br />

WATERFALL AREA<br />

Income - - - 0%<br />

Expenses 20,747 3,909 (16,838) 19%<br />

WATERFALL AREA SURPLUS/(DEFICIT) (20,747) (3,909) 16,838 19%<br />

WHYTE HILLS LOOKOUT<br />

Income - - - 0%<br />

Expenses 6,525 1,080 (5,445) 17%<br />

WHYTE HILLS LOOKOUT SURPLUS/(DEFICIT) (6,525) (1,080) 5,445 17%<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 544


Reports of Officers and Committees<br />

Estimate Actual to Variation Note<br />

2012/13 31.10.12 Act v Est No.<br />

$ $ $ %<br />

PHILOSOPHER FALLS<br />

Income - - - 0%<br />

Expenses 10,915 914 (10,001) 8%<br />

PHILOSOPHER FALLS SURPLUS/(DEFICIT) (10,915) (914) 10,001 8%<br />

OTHER RESERVES - WARATAH<br />

Income - - - 0%<br />

Expenses 81,635 19,829 (61,806) 24%<br />

OTHER RESERVES - WARATAH SURPLUS/(DEFICIT) (81,635) (19,829) 61,806 24%<br />

WYNYARD SEALED ROAD RESERVES<br />

Income - - - 0%<br />

Expenses 126,449 46,344 (80,105) 37%<br />

WYNYARD SEALED ROAD RESERVES SURPLUS/(DEFICIT) (126,449) (46,344) 80,105 37%<br />

SOMERSET SEALED ROAD RESERVES<br />

Income - - - 0%<br />

Expenses 44,855 17,011 (27,844) 38%<br />

SOMERSET SEALED ROAD RESERVES SURPLUS/(DEFICIT) (44,855) (17,011) 27,844 38%<br />

RURAL SEALED ROAD RESERVES<br />

Income - - - 0%<br />

Expenses 156,447 34,098 (122,349) 22%<br />

RURAL SEALED ROAD RESERVES SURPLUS/(DEFICIT) (156,447) (34,098) 122,349 22%<br />

RURAL UNSEALED ROAD RESERVES<br />

Income - - - 0%<br />

Expenses 128,836 15,927 (112,909) 12%<br />

RURAL UNSEALED ROAD RESERVES SURPLUS/(DEFICIT) (128,836) (15,927) 112,909 12%<br />

SPORTING FACILITIES<br />

FREDERICK STREET<br />

Income 2,288 - (2,288) 0%<br />

Expenses 70,979 15,929 (55,050) 22%<br />

FREDERICK STREET SURPLUS/(DEFICIT) (68,691) (15,929) 52,762 23%<br />

RECREATION GROUND - WYNYARD<br />

Income 4,280 1,843 (2,437) 43%<br />

Expenses 121,671 43,126 (78,545) 35%<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 545


Reports of Officers and Committees<br />

Estimate Actual to Variation Note<br />

2012/13 31.10.12 Act v Est No.<br />

$ $ $ %<br />

RECREATION GROUND - WYNYARD SURPLUS/(DEFICIT) (117,391) (41,283) 76,108 35%<br />

SHOWGROUND - WYNYARD<br />

Income 1,040 1,481 441 142%<br />

Expenses 41,381 15,743 (25,638) 38%<br />

SHOWGROUND - WYNYARD SURPLUS/(DEFICIT) (40,341) (14,262) 26,079 35%<br />

SPORTS CENTRE - WYNYARD<br />

Income 11,900 4,321 (7,579) 36%<br />

Expenses 84,390 24,839 (59,551) 29%<br />

SPORTS CENTRE - WYNYARD SURPLUS/(DEFICIT) (72,490) (20,518) 51,972 28%<br />

SQUASH CENTRE<br />

Income 10,400 4,121 (6,279) 40%<br />

Expenses 38,769 10,957 (27,812) 28%<br />

SQUASH CENTRE SURPLUS/(DEFICIT) (28,369) (6,836) 21,533 24%<br />

TENNIS COURTS - WYNYARD<br />

Income - 945 945 0%<br />

Expenses 4,811 1,012 (3,799) 21%<br />

TENNIS COURTS - WYNYARD SURPLUS/(DEFICIT) (4,811) (67) 4,744 1%<br />

NOTES:<br />

SKATEPARK<br />

Income - - - 0%<br />

Expenses 15,159 5,074 (10,085) 33%<br />

SKATEPARK SURPLUS/(DEFICIT) (15,159) (5,074) 10,085 33%<br />

OTHER SPORTING FACILITIES - WYNYARD<br />

Income 500 - (500) 0%<br />

Expenses 9,200 2,335 (6,865) 25%<br />

OTHER SPORTING FACILITIES - WYN SURPLUS/(DEFICIT) (8,700) (2,335) 6,365 27%<br />

RECREATION GROUND - SOMERSET<br />

Income 2,000 922 (1,078) 46%<br />

Expenses 63,505 19,890 (43,615) 31%<br />

RECREATION GROUND - SOMERSET SURPLUS/(DEFICIT) (61,505) (18,968) 42,537 31%<br />

LANGLEY PARK<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 546


Reports of Officers and Committees<br />

Estimate Actual to Variation Note<br />

2012/13 31.10.12 Act v Est No.<br />

$ $ $ %<br />

Income 6,840 2,458 (4,382) 36%<br />

Expenses 78,968 21,662 (57,306) 27%<br />

LANGLEY PARK SURPLUS/(DEFICIT) (72,128) (19,204) 52,924 27%<br />

SURF CLUB - SOMERSET<br />

Income 2,000 1,216 (784) 61%<br />

Expenses 46,860 13,248 (33,612) 28%<br />

SURF CLUB - SOMERSET SURPLUS/(DEFICIT) (44,860) (12,032) 32,828 27%<br />

INDOOR RECREATION CENTRE - SOMERSET<br />

Income 21,200 5,789 (15,411) 27%<br />

Expenses 114,773 31,709 (83,064) 28%<br />

INDOOR REC CENTRE - SOMERSET SURPLUS/(DEFICIT) (93,573) (25,920) 67,653 28%<br />

OTHER SPORTING FACILITIES - SOMERSET<br />

Income - - - 0%<br />

Expenses 8,736 1,945 (6,791) 22%<br />

OTHER SPORTING FACILITIES - SOM SURPLUS/(DEFICIT) (8,736) (1,945) 6,791 22%<br />

RECREATION GROUND - MYALLA<br />

Income - - - 0%<br />

Expenses 6,585 2,111 (4,474) 32%<br />

RECREATION GROUND - MYALLA SURPLUS/(DEFICIT) (6,585) (2,111) 4,474 32%<br />

RECREATION GROUND - YOLLA<br />

Income 5,288 2,351 (2,937) 44%<br />

Expenses 104,131 22,122 (82,009) 21%<br />

RECREATION GROUND - YOLLA SURPLUS/(DEFICIT) (98,843) (19,771) 79,072 20%<br />

WARATAH SPORTS CENTRE<br />

Income - 68 68 0%<br />

Expenses 24,863 9,040 (15,823) 36%<br />

WARATAH SPORTS CENTRE SURPLUS/(DEFICIT) (24,863) (8,972) 15,891 36%<br />

SURF CLUB - BOAT HARBOUR<br />

Income - - - 0%<br />

Expenses 14,318 2,941 (11,377) 21%<br />

SURF CLUB BOAT HARBOUR SURPLUS/(DEFICIT) (14,318) (2,941) 11,377 21%<br />

PUBLIC HALLS<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 547


Reports of Officers and Committees<br />

Estimate Actual to Variation Note<br />

2012/13 31.10.12 Act v Est No.<br />

$ $ $ %<br />

WYNYARD COMMUNITY CENTRE<br />

Income 5,600 - (5,600) 0%<br />

Expenses 54,176 12,762 (41,414) 24%<br />

WYNYARD COMMUNITY CENTRE SURPLUS/(DEFICIT) (48,576) (12,762) 35,814 26%<br />

NOTES:<br />

WYNYARD GUIDE HALL/ELDERLY DAY CENTRE<br />

Income - - - 0%<br />

Expenses 12,852 3,638 (9,214) 28%<br />

WYNYARD GUIDE HALL/ELDERLY DAY CENTRE SURPLUS/(DEFICIT) (12,852) (3,638) 9,214 28%<br />

MOORLEAH HALL<br />

Income - 464 464 0%<br />

Expenses 5,424 802 (4,622) 15%<br />

MOORLEAH HALL SURPLUS/(DEFICIT) (5,424) (338) 5,086 6%<br />

PREOLENNA HALL<br />

Income - 125 125 0%<br />

Expenses 4,205 1,302 (2,903) 31%<br />

PREOLENNA HALL SURPLUS/(DEFICIT) (4,205) (1,177) 3,028 28%<br />

RAILWAY INSTITUTE HALL<br />

Income 3,500 2,515 (985) 72%<br />

Expenses 34,803 10,233 (24,570) 29%<br />

RAILWAY INSTITUTE HALL SURPLUS/(DEFICIT) (31,303) (7,718) 23,585 25%<br />

SISTERS BEACH COMMUNITY CENTRE<br />

Income - - - 0%<br />

Expenses 4,672 1,225 (3,447) 26%<br />

SISTERS BEACH COMMUNITY CENTRE SURPLUS/(DEFICIT) (4,672) (1,225) 3,447 26%<br />

WYNYARD BANDROOM<br />

Income - - 0%<br />

Expenses 16,141 3,873 (12,268) 24%<br />

WYNYARD BANDROOM SURPLUS/(DEFICIT) (16,141) (3,873) 12,268 24%<br />

WARATAH HALLS<br />

Income - - - 0%<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 548


Reports of Officers and Committees<br />

Estimate Actual to Variation Note<br />

2012/13 31.10.12 Act v Est No.<br />

$ $ $ %<br />

Expenses 4,265 973 (3,292) 23%<br />

WARATAH HALLS SURPLUS/(DEFICIT) (4,265) (973) 3,292 23%<br />

DRAINAGE<br />

DRAINAGE - WYNYARD<br />

Income 306,374 306,857 483 100% 1<br />

Expenses 253,225 89,634 (163,591) 35%<br />

DRAINAGE - WYNYARD SURPLUS/(DEFICIT) 53,149 217,223 164,074 409%<br />

DRAINAGE - SOMERSET<br />

Income 179,782 176,151 (3,631) 98% 1<br />

Expenses 165,730 55,031 (110,699) 33%<br />

DRAINAGE - SOMERSET SURPLUS/(DEFICIT) 14,052 121,120 107,068 862%<br />

DRAINAGE - BOAT HARBOUR<br />

Income - - - 0%<br />

Expenses 13,976 1,281 (12,695) 9%<br />

DRAINAGE - BOAT HARBOUR SURPLUS/(DEFICIT) (13,976) (1,281) 12,695 9%<br />

DRAINAGE - SISTERS BEACH<br />

Income - - - 0%<br />

Expenses 35,890 14,855 (21,035) 41%<br />

DRAINAGE - SISTERS BEACH SURPLUS/(DEFICIT) (35,890) (14,855) 21,035 41%<br />

DRAINAGE - WARATAH<br />

Income - - - 0%<br />

Expenses 12,523 1,929 (10,594) 15%<br />

DRAINAGE - WARATAH SURPLUS/(DEFICIT) (12,523) (1,929) 10,594 15%<br />

DRAINAGE - YOLLA<br />

Income - - - 0%<br />

Expenses 4,469 615 (3,854) 14%<br />

DRAINAGE - YOLLA SURPLUS/(DEFICIT) (4,469) (615) 3,854 14%<br />

CONTRACT WORKS<br />

Income 80,000 5,930 (74,070) 7%<br />

Expenses 59,752 21,946 (37,806) 37%<br />

CONTRACT WORKS SURPLUS/(DEFICIT) 20,248 (16,016) (36,264) -79%<br />

ENGINEERING SERVICES SURPLUS/(DEFICIT) (5,630,810) (694,633) 4,936,177 12%<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 549


Reports of Officers and Committees<br />

Estimate Actual to Variation Note<br />

2012/13 31.10.12 Act v Est No.<br />

$ $ $ %<br />

NOTES:<br />

1 Rates Raised in July<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 550


Reports of Officers and Committees<br />

WARATAH-WYNYARD COUNCIL<br />

CAPITAL WORKS QUARTERLY REPORT - SEPTEMBER 2012<br />

Work Estimate Actual Committed Total Variance Notes Project Responsible Comments<br />

Order $ $ $ $ Delivery SMT<br />

GOVERNANCE<br />

<strong>Council</strong><br />

<strong>Waratah</strong> <strong>Wynyard</strong> Website Upgrade 1070 9,150 189 - 189 (8,961) Q4 CS/ME Not started<br />

TOTAL GOVERNANCE 9,150 189 - 189 (8,961)<br />

CORPORATE SERVICES<br />

Administration<br />

A3 Scanner 1271 6,756 7,135 - 7,135 379 PS Complete<br />

Corporate Style Guide 1272 3,000 - - - (3,000) PS<br />

Research of other <strong>Council</strong> style<br />

guides and consultants<br />

underway<br />

Office Refurbishment - Design 916 20,125 - - - (20,125) Q4 DS<br />

Office Refurbishment 917 193,008 - - - (193,008) 1 Q4 DS<br />

222,889 7,135 - 7,135 (215,754)<br />

Information Technology<br />

15 Tablet Computers 1274 18,000 12,308 - 12,308 (5,692) Q1 RM Completed<br />

Server Upgrade - Exchange Server 1275 35,000 - 9,770 9,770 (25,230) Q3 RM Started, initial goods ordered<br />

Move Backups to Depot 1276 3,200 - - - (3,200) Q3 RM Quotes Received<br />

PC's and Laptop Replacements 1277 25,000 - 20,874 20,874 (4,126) Q2 RM<br />

Wireless Link Upgrade for WOW & Childcare 1278 2,000 - - - (2,000) Q2 RM<br />

Purchase of Infocouncil Agenda Software 1072 24,741 - - - (24,741) Q3 JS<br />

107,941 12,308 30,644 42,952 (64,989)<br />

TOTAL CORPORATE SERVICES 330,830 19,443 30,644 50,087 (280,743)<br />

COMMUNITY SERVICES<br />

Children & Youth Services<br />

Baby Room Deck - Link 1279 8,950 - - - (8,950) Q3 TB<br />

Replace Taps and Toilet Cistern - Link 1280 2,000 - 1,870 1,870 (130) Q2 TB<br />

Implementation of Childcare Marketing Strategy 1281 4,000 - - - (4,000) Q3 TB<br />

Replace Carpet - Link 1282 9,690 - - - (9,690) Q3 TB<br />

Puddle Duck Fence Replacement 1283 7,000 6,793 - 6,793 (207) Q1 TB Completed<br />

Ordered and delivered to Tas<br />

Communications for set up<br />

Deposit Paid, template design<br />

currently in progress<br />

Partly completed , Childcare<br />

Completed Little Goldie Street<br />

to be done<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 551


Reports of Officers and Committees<br />

Work Estimate Actual Committed Total Variance Notes Project Responsible Comments<br />

Order $ $ $ $ Delivery SMT<br />

31,640 6,793 1,870 8,663 (22,977)<br />

Community Services<br />

Frederick St Masterplan 1284 2,000 - - - (2,000) Q2 TB<br />

Consultation about to<br />

commence<br />

2,000 - - - (2,000)<br />

Tourism<br />

Interpretation - Walk of Wonder Project 1022 15,000 - - - (15,000) Q3 TB<br />

Robinson Collection 1222 2,500 2,500 - 2,500 - Q1 TB Completed<br />

<strong>Waratah</strong> <strong>Wynyard</strong> Tourism Marketing Strategy 1285 7,000 - - - (7,000) Q3 TB<br />

24,500 2,500 - 2,500 (22,000)<br />

Emergency Services<br />

Vehicle Trey Refit 1287 3,000 3,012 - 3,012 12 PS Completed<br />

Tradesman's Trailer 1288 3,000 - - - (3,000) PS<br />

Options currently under<br />

review<br />

6,000 3,012 - 3,012 (2,988)<br />

TOTAL COMMUNITY SERVICES 62,140 12,305 1,870 14,175 (47,965)<br />

STRATEGIC PROJECTS <strong>OF</strong>FICE<br />

<strong>Wynyard</strong> Foreshore Market - Two Traffic<br />

Management Signals<br />

1289 2,000 - - - (2,000)<br />

Nurses Retreat - Trees & Soil Protection 1290 6,600 570 5,796 6,366 (234)<br />

Nurses Retreat - Storm Surge Protection 1291 20,000 - - - (20,000)<br />

Camp Creek Ecological and Hydrological Study 1292 39,500 - 31,642 31,642 (7,858)<br />

68,100 570 - 68,100 (67,530)<br />

TOTAL STRATEGIC PROJECTS <strong>OF</strong>FICE SERVICES 68,100 570 - 68,100 (67,530)<br />

ENGINEERING SERVICES<br />

Depot<br />

Rural Crib Room 1091 20,785 - - - (20,785) Q3 DS Not Started<br />

Railway Chain Mesh Security Fence - Replace 1293 14,582 - - - (14,582) Q2 DS Complete<br />

Plant<br />

Small Plant Replacements 1294 12,000 1,179 - 1,179 (10,821) Q4 DS In Progress<br />

Trailer Repairs 1295 3,200 - - - (3,200) Q2 DS Not Started<br />

Ute Crane 1296 2,900 - - - (2,900) DS Not Started<br />

Valtra Tractor Loader 1297 85,000 - - - (85,000) Q2 DS In Progress<br />

Oil Drums Spill Pallets 1298 2,600 2,655 - 2,655 55 Q1 DS Complete<br />

12H Grader Maintenance 1299 285,000 - - - (285,000) Q2 DS In Progress<br />

Asphalt Truck and Modification Option 2 1300 7,500 - - - (7,500) DS In Progress<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 552


Reports of Officers and Committees<br />

Work Estimate Actual Committed Total Variance Notes Project Responsible Comments<br />

Order $ $ $ $ Delivery SMT<br />

Fleet Replacements 1301 30,000 32,499 - 32,499 2,499 Q4 DS Not Started<br />

Total Engineering Services 463,567 36,333 - 36,333 (427,234)<br />

Roads<br />

Sealing Upgrade<br />

Oldina Road - realignment Ch 4200-4700 1302 93,469 - - - (93,469) Q2 DS In Progress<br />

93,469 - - - (93,469)<br />

Kerb & Channel<br />

Renew K&C and Footpath - Golf Links Rd &<br />

Freestone Crescent<br />

1303 12,871 - - - (12,871) Q2 DS Complete<br />

Renew Damaged K&C Inglis St to Cotton St West,<br />

South Side<br />

1304 47,869 - - - (47,869) Q2 DS Not Started<br />

Renew Damaged K&C - Lewis St, <strong>Wynyard</strong> 1305 6,823 - - - (6,823) Q1 DS Complete<br />

Renew old type K&C - Austin to Little Inglis St,<br />

North Side<br />

1306 37,053 - - - (37,053) Q2 DS In Progress<br />

Renew old type K&C - New St to Beaufort St, West<br />

Side<br />

1307 71,540 - - - (71,540) Q3 DS Not Started<br />

176,156 - - - (176,156)<br />

Re-Sheeting<br />

Bourkes Road 1308 14,348 14,543 - 14,543 195 Q1 DS Complete<br />

Smiths Road 1309 43,194 42,437 - 42,437 (757) Q1 DS Complete<br />

Wiggs Road 1310 11,786 10,693 - 10,693 (1,093) Q1 DS Complete<br />

Woodhouses Road 1311 34,981 37,825 - 37,825 2,844 Q2 DS Complete<br />

Taylors Road 1312 64,048 33,067 - 33,067 (30,981) Q2 DS Complete<br />

Tysons Road 1313 39,575 3,629 - 3,629 (35,946) Q2 DS On Hold<br />

Zig Zag Road - Calder Side 1314 67,146 - - - (67,146) Q2 DS Not Started<br />

275,078 142,194 - 142,194 (132,884)<br />

Reseals - Rural<br />

Oldina Rd - Section 1, incl Major Repairs 1315 153,182 62 - 62 (153,120) Q3 DS In Progress<br />

Oldina Rd - Section 2, incl Major Repairs 1316 96,421 - - - (96,421) Q3 DS Not Started<br />

Johnsons Rd - Dowlings Creek to Oldina Road 1317 43,359 3,814 - 3,814 (39,545) Q3 DS In Progress<br />

Coopers Lane - Mount Hicks to Andersons Road 1318 83,301 1,300 - 1,300 (82,001) Q3 DS Complete<br />

Andersons Rd - Short Section near House 1319 3,822 - - - (3,822) Q3 DS In Progress<br />

Elfrida Avenue - Honeysuckle to Bridge St 1320 9,583 - - - (9,583) Q3 DS In Progress<br />

389,668 5,176 - 5,176 (384,492)<br />

Reseals - Urban<br />

Cotton St - Inglis to George St 1322 16,960 - - - (16,960) Q3 DS<br />

In Progress - Preparation<br />

Complete<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 553


Reports of Officers and Committees<br />

Work Estimate Actual Committed Total Variance Notes Project Responsible Comments<br />

Order $ $ $ $ Delivery SMT<br />

Belton St - Frederick St to cul de sac 1323 45,812 2,787 - 2,787 (43,025) Q3 DS In Progress<br />

Stanwyn Court - Belton St to cul de sac 1324 10,348 1,150 - 1,150 (9,198) Q3 DS<br />

In Progress - Preparation<br />

Complete<br />

Beaufort St - Lyons to Asphalt 1325 12,592 - - - (12,592) Q3 DS In Progress<br />

Little Beaufort - School Access 1326 4,417 - - - (4,417) Q3 DS<br />

In Progress - Preparation<br />

Complete<br />

Golf Links Rd - Table Cape to Divided Road 1327 20,904 - - - (20,904) Q3 DS<br />

In Progress - Preparation<br />

Complete<br />

Golf Links Rd - Riverside Section 1328 25,010 2,809 - 2,809 (22,201) Q3 DS<br />

In Progress - Preparation<br />

Complete<br />

Arthur St - Highway to Pelissier St 1329 30,111 - - - (30,111) Q3 DS In Progress<br />

Esplanade - Bells Parade to Falmouth St 1330 6,741 - - - (6,741) Q3 DS<br />

In Progress - Preparation<br />

Complete<br />

Bells Parade - Corner No 35 to Esplanade 1331 9,838 - - - (9,838) Q3 DS<br />

In Progress - Preparation<br />

Complete<br />

Elizabeth St - Hwy to Wragg St, Somerset 1332 11,059 - - - (11,059) Q3 DS In Progress<br />

Elizabeth St - Simpson St to Pelissier St, Somerset 1333 10,064 - - - (10,064) Q3 DS<br />

In Progress - Preparation<br />

Loongana Place, Somerset 1334 6,950 - - - (6,950) Q3 DS<br />

Complete<br />

In Progress - Preparation<br />

Complete<br />

Wragg St - West of George St, Somerset 1335 11,773 - - - (11,773) Q3 DS In Progress<br />

222,579 6,746 - 6,746 (215,833)<br />

Footpaths<br />

<strong>Waratah</strong> Footpaths 1336 5,000 - - - (5,000) Q3 DS Not Started<br />

Renew Damaged Footpaths - <strong>Wynyard</strong> 1337 20,000 - - - (20,000) Q2 DS Not Started<br />

Renew Damaged Footpaths - Somerset 1338 20,000 - - - (20,000) Q2 DS Not Started<br />

Upgrade - Pedestrian Crossover - Moore & Quiggin<br />

1339 1,807 - - - (1,807) Q3 DS Not Started<br />

St<br />

Upgrade - Cardigan St & Lyons St 1340 5,553 - - - (5,553) Q3 DS Not Started<br />

Upgrade - Sandy Crescent - Blue Water Crescent 1341 2,826 - - - (2,826) Q2 DS Not Started<br />

New - Church St, Goldie to Inglis St Second Side 1342 20,267 - - - (20,267) Q2 DS Not Started<br />

Renew - Inglis St, Cotton St to Hale St Repairs 1343 20,730 - - - (20,730) Q3 DS Not Started<br />

Goldie Street Footpath Modification (8-9 Premises) 1344 12,500 - - - (12,500) Q1 DS Not Started<br />

Pedestrian Crossing Point Bass Highway 1345 4,100 - - - (4,100) Q4 DS Not Started<br />

Goldie & Austin Street Roundabout Wheelchair<br />

Ramps<br />

1154 27,774 27,230 - 27,230 (544) Q1 DS Complete<br />

140,557 27,230 - 27,230 (113,327)<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 554


Reports of Officers and Committees<br />

General<br />

<strong>Wynyard</strong> SES Replace Old Switchboard with New<br />

Safety Switches<br />

Work Estimate Actual Committed Total Variance Notes Project Responsible Comments<br />

Order $ $ $ $ Delivery SMT<br />

1347 2,500 - - - (2,500) Q4 DS In Progress<br />

Guardrail - Pelissier St, Somerset (Black Spot) 1348 9,000 - - - (9,000) Q2 DS Not Started<br />

Relocate Village Lane Junction (Black Spot) 1349 79,200 - - - (79,200) Q4 DS Not Started<br />

<strong>Waratah</strong> 2 Units to Demolish 1350 30,000 2,970 166 3,136 (26,864) Q4 DS Not Started<br />

Boat Ramp Jenner St Floating Pontoon (MAST<br />

1351 20,000 4,643 7,073 11,716 (8,284) Q2 DS In Progress<br />

Funding)<br />

Annual Maintenance Statement Form 56 1352 15,000 - - - (15,000) Q2 DS In Progress<br />

Old Landfill Monitoring 1353 29,000 - - - (29,000) Q3 DS Not Started<br />

Driveway Upgrade Where Arch Pipes Being Used -<br />

Stage 1<br />

1156 20,294 - - - (20,294) Q4 DS Not Started<br />

204,994 7,613 7,239 14,852 (190,142)<br />

Bridges<br />

Bridge Replacement Reserve 1160 396,000 - - - (396,000) Q4 DS Reserve fund<br />

Big Creek - Brackendale Road (Transfer to Bridge<br />

Reserve)<br />

1161 174,500 5,500 - 5,500 (169,000) Q4 DS In Progress<br />

570,500 5,500 - 5,500 (565,000)<br />

Total Roads 1,896,845 194,459 7,239 201,698 (1,695,147)<br />

Parks & Gardens<br />

<strong>Wynyard</strong><br />

<strong>Wynyard</strong> Skate Park Safety Fence Upgrade 1356 11,500 1,525 4,205 5,730 (5,770) Q1 DS Complete<br />

<strong>Wynyard</strong> Wharf - Concrete Seal 1357 40,000 16,227 - 16,227 (23,773) Q1 DS Not Started<br />

Inglis River Walking Track - Northern side Upgrades<br />

Stage 1&2<br />

1358 44,000 - - - (44,000) Q1 DS In Progress - Stage 1 Complete<br />

Inglis River Walking Track - Resurfacing Wet and<br />

Low Areas<br />

1359 15,000 - - - (15,000) Q1 DS In Progress<br />

<strong>Wynyard</strong> Rec Ground - Reinstate Settlement Base<br />

of Bike Track<br />

1360 11,864 - - - (11,864) Q2 DS Not Started<br />

Gutteridge Gardens & Waterfront Masterplan 1162 7,000 - - - (7,000) Q4 DS Not Started<br />

Gutteridge Gardens - Signage and Lighting 1163 2,500 - - - (2,500) Q4 DS Not Started<br />

<strong>Wynyard</strong> BMX Track Remove Buildings & Level Site 1180 7,000 - - - (7,000) Q4 DS Not Started - On Hold<br />

<strong>Wynyard</strong> Wharf Precinct Redevelopment 959 751,625 561,611 10,816 572,427 (179,198) Q4 DS In Progress<br />

890,489 579,363 15,021 594,384 (296,105)<br />

Boat Harbour Beach<br />

Parking and Signage and Linemarking 1361 5,000 - - - (5,000) Q2 DS Not Started<br />

Stainless Steel Hand Railing on Ramp to Beach 1362 3,500 - - - (3,500) DS Not Started - On Hold<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 555


Reports of Officers and Committees<br />

Work Estimate Actual Committed Total Variance Notes Project Responsible Comments<br />

Order $ $ $ $ Delivery SMT<br />

Port Road Walking Track Extension 1363 39,650 - 4,295 4,295 (35,355) Q2 DS Not Started<br />

157 & 159 Port Rd Walking Track Upgrade 1364 6,100 - - - (6,100) Q2 DS Not Started<br />

Development Plan - Implementation 1172 80,000 - - - (80,000) Q4 DS In Progress<br />

134,250 - 4,295 4,295 (129,955)<br />

Sisters Beach<br />

Parking Signage and Linemarking 1365 5,000 - - - (5,000) Q2 DS In Progress<br />

5,000 - - - (5,000)<br />

Somerset<br />

Cam River - Boat Ramp 1169 2,500 - - - (2,500) Q3 DS Not Started<br />

Cam River Foreshore Masterplan 1171 10,000 - - - (10,000) Q4 DS In Progress<br />

12,500 - - - (12,500)<br />

<strong>Waratah</strong><br />

Caravan Park - Post & Rail Fence From Recent<br />

Audit<br />

1366 10,122 9,240 - 9,240 (882) Q1 DS Complete<br />

10,122 9,240 - 9,240 (882)<br />

Total Parks & Gardens 1,052,361 588,603 19,316 607,919 (444,442)<br />

Sporting Facilities<br />

<strong>Wynyard</strong><br />

Squash Courts 1367 4,000 - - - (4,000) Q2 DS Not Started<br />

<strong>Wynyard</strong> Footy Ground Reclad and Reroof Existing<br />

Shelter Between Bowls and Bike Track<br />

1368 9,000 9,179 - 9,179 179 Q1 DS Complete<br />

<strong>Wynyard</strong> Basketball Centre Toilet Upgrade -<br />

Remove Asbestos<br />

1369 46,000 - - - (46,000) Q3 DS Not Started<br />

<strong>Wynyard</strong> Basketball Centre Replace 2 Hot Water<br />

Cylinders<br />

1370 6,000 - - - (6,000) Q2 DS Not Started<br />

65,000 9,179 - 9,179 (55,821)<br />

Total Sporting Facilities 65,000 9,179 - 9,179 (55,821)<br />

Public Halls<br />

Athenaeum Hall Wheelchair Access 1371 22,000 - - - (22,000) Q2 DS Not Started<br />

Sisters Beach Community Centre Remove 2<br />

Buildings That are Damaged and Contain Asbestos<br />

1372 12,000 1,007 - 1,007 (10,993) Q2 DS Complete<br />

Asbestos Register and Remove Asbestos 1373 12,000 - - - (12,000) Q3 DS Not Started<br />

Total Public Halls 46,000 1,007 - 1,007 (44,993)<br />

Drainage<br />

Sisters Beach - Adjacent to Shop 1374 33,584 18,793 245 19,038 (14,546) Q1 DS Complete<br />

Culvert Terra Nova Drive 1375 17,294 3,289 - 3,289 (14,005) Q3 DS In Progress<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 556


Reports of Officers and Committees<br />

Work Estimate Actual Committed Total Variance Notes Project Responsible Comments<br />

Order $ $ $ $ Delivery SMT<br />

Replace 15 Stormwater Manhole Lids with Terra<br />

Firma Lids, <strong>Wynyard</strong><br />

1376 30,286 - - - (30,286) Q4 DS Not Started<br />

Replace 10 Stormwater Manhole Lids with Terra<br />

Firma Lids, Somerset<br />

1377 21,225 - - - (21,225) Q4 DS Not Started<br />

Replace 8 Grated Stormwater Pits - <strong>Wynyard</strong> 1378 36,386 12,002 - 12,002 (24,384) Q4 DS In Progress<br />

Replace 5 Grated Stormwater Pits - Somerset 1379 23,584 - - - (23,584) Q4 DS Not Started<br />

43 - 45 Raglan St - Install 300mm Main Stage II 1380 18,403 2,844 - 2,844 (15,559) Q3 DS Not Started<br />

Wilkinson Creek - Pipe Outfall Old Bass Hwy/Ocean 1381 214,548 - - - (214,548) Q3 DS Not Started<br />

Drainage Improvements - 237A Old Bass Hwy 1382 22,912 1,532 - 1,532 (21,380) Q2 DS Not Started<br />

Replace Five Stormwater Grated Pits - Somerset 1196 20,658 - - - (20,658) Q4 DS Not Started<br />

Clean Open Drains 2 Mt Hicks Rd - Port Creek 1199 25,893 - - - (25,893) Q3 DS Not Started<br />

Total Drainage 464,773 38,460 245 38,705 (426,068)<br />

TOTAL ENGINEERING SERVICES 3,988,546 868,041 26,800 894,841 (3,093,705)<br />

TOTAL CAPITAL WORKS PROGRAM 2011/2012 4,458,766 900,548 59,314 1,027,392 (3,498,904)<br />

Notes<br />

1 Estimate and Actual figures include cost over the life of the project.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 557


Reports of Officers and Committees<br />

12.10 SENIOR MANAGEMENT REPORT<br />

To:<br />

<strong>Council</strong><br />

Reporting Officer: General Manager<br />

Responsible Manager: General Manager<br />

Report Date: 9 November 2012<br />

File Reference: 009.02<br />

Enclosures:<br />

Nil.<br />

SUMMARY/PURPOSE<br />

To provide information on issues of significance or interest, together with statistical<br />

information and summaries of specific areas of operations.<br />

ENGINEERING SERVICES<br />

Wheelchair crossing across Goldie Street and Jackson Street<br />

At the time of the Goldie Street development consultation with traffic management<br />

authorities (DIER) resulted in the decision to not construct kerb crossing ramps leading<br />

into Goldie Street at the Goldie/Jackson Street intersection. The intent was to direct<br />

pedestrians to the two crossing points east and west of this intersection.<br />

ORGANISATIONAL AND COMMUNITY DEVELOPMENT<br />

<strong>Waratah</strong> Childcare Program<br />

A letter of offer has been received from the Education Department in relation to the<br />

transfer of the property at <strong>Waratah</strong> known as the ‘principals residence’ for the purpose<br />

of delivering a child care program. The schedule of works is currently being developed<br />

for the alteration to the property required for the change of use.<br />

Children’s Week<br />

Children’s week was celebrated across all services. At the Child Care Centre families<br />

were invited for a BBQ lunch, and then entertainment was provided by the children with<br />

a variety of songs and a favourite story.<br />

Frederick Street Reserve Master Plan<br />

The consultation for the Frederick Street Reserve master plan has commenced with a<br />

mail out to residents in the area seeking information. A forum for key stakeholders is<br />

being developed to be held at the Fredrick Street Sports Complex and meetings with<br />

individual groups of stakeholders will also be held in the coming weeks.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 558


Reports of Officers and Committees<br />

Children’s Services Utilisation<br />

The utilisation at the Childcare Centre is currently tracking below the attendances for the<br />

previous two financial years. Current utilisation is more consistent with statistics from<br />

prior 2010. At all other services the utilisation has continued to either remain the same<br />

to increase.<br />

There are a number of factors which have influenced the decline in utilisation at the<br />

centre however primarily this is due to the cost of care. The declining trend commenced<br />

in January 2012 with a second fee increase introduced at that time to enable the service<br />

to meet the increased staffing requirements under the National Quality Framework as<br />

well as other more broad factors such as unemployment rates and the cost of living.<br />

Anecdotally information has been received that there is a decline in utilisation across the<br />

State due to economic factors.<br />

Utilisation continues to be monitored with staffing levels set to reflect legislative<br />

requirements and utilisation.<br />

STRATEGIC PROJECTS <strong>OF</strong>FICE<br />

<strong>Wynyard</strong> Wharf<br />

The wharf, pontoons and associated infrastructure are complete. <strong>Council</strong> is to manage<br />

the public wharf area and recreational pontoon and we await further documentation<br />

from the <strong>Wynyard</strong> Yacht Club, following receipt of a letter expressing interest in<br />

managing the commercial pontoon. It is expected a report on berthing fees and<br />

commercial pontoon management options will go to <strong>Council</strong> in December.<br />

<strong>Wynyard</strong> Foreshore Market<br />

A ‘discretionary’ development application has been lodged with Development Services.<br />

Richard Gutteridge Gardens and <strong>Wynyard</strong> Waterfront - Landscape Development Plan<br />

The Richard Gutteridge Gardens and <strong>Wynyard</strong> Waterfront Landscape Development Plan<br />

has been endorsed. The plan will assist <strong>Council</strong> to plan and budget for future works and<br />

upgrades required to see the strategy become a reality over a number of years. Signs<br />

depicting the whole of the intent of the Landscape Development Plan are to be erected<br />

in each Plan area. The Richard Gutteridge Gardens Identification Sign depicted in the<br />

Plan is also to be implemented.<br />

Cam River Foreshore Reserve - Landscape Development Plan<br />

<strong>Council</strong> has endorsed the Cam River Foreshore Landscape Development Plan. It is now<br />

incumbent upon <strong>Council</strong> and staff to progress the Plan as budgets and opportunities<br />

allow. A sign depicting the Landscape Development Plan is to be placed on site.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 559


Reports of Officers and Committees<br />

Boat Harbour – Pedestrian Circulation and Car Parking Improvements.<br />

Boat Harbour Infrastructure Plan was advertised for six (6) weeks, seeking public<br />

comment on the proposed changes. <strong>Council</strong> received three written submissions and<br />

three face book comments. SPO will put a summary of comments made back to <strong>Council</strong><br />

to ascertain if any amendments to the initial Plan are required.<br />

Camp Creek<br />

Consulting firm ‘Entura’ have submitted a revised Brief for the Camp Creek study, with<br />

greater emphasis on a desktop review of existing data for the upper reaches of the creek,<br />

on ground sampling in the lower, urban area and site investigations by geotechnical and<br />

ecological staff.<br />

Nurses Retreat<br />

Armour rock has been placed at Nurses Retreat and six (6) Norfolk Island pine trees have<br />

been settled into the site.<br />

Somerset Tennis Court Reserve<br />

The SPO has produced an overall concept for infill planting and general landscape<br />

improvements to the Somerset Tennis Court Reserve. <strong>Council</strong>’s Parks and Reserve staff<br />

are to implement the planting plan next autumn/winter, with SPO cooperation.<br />

<strong>Wynyard</strong> Rotary Club<br />

SPO met with the President and Community Project Officer of the <strong>Wynyard</strong> Rotary Club<br />

to discuss possible projects (and associated processes) that Rotary and <strong>Council</strong> may<br />

develop in co –operation. The SPO will meet again with <strong>Wynyard</strong> Rotary if the Richard<br />

Gutteridge Gardens and <strong>Wynyard</strong> Waterfront Landscape Development Plan is adopted by<br />

<strong>Council</strong>, to forward plan a co-operative project for the 2013-2014 financial year.<br />

Shared Coastal Pathway Project<br />

Cradle Coast Authority is coordinating a collaboration of NW <strong>Council</strong>s to make joint<br />

submission for ‘planning’ funding to progress the Coastal Pathway Master Plan. Cradle<br />

Coast Authority will make a submission to State Government, seeking funding for further<br />

‘planning’ of sections of the shared cycleway/pathway. It is anticipated that the funds, if<br />

secured, will be used, in relation to the <strong>Waratah</strong>/<strong>Wynyard</strong> area, to undertake<br />

investigations of the area from Doctors Rocks to Somerset, looking at a preferred route,<br />

investigating 'pinch points’ along a preferred route and possible solutions to such and<br />

putting cost estimates to any likely project.<br />

Commissioned Projects<br />

Tasmanian Dairy Products Pty. Ltd. Smithton – Landscape Plan and ‘Corporate<br />

Entrance’ for new facility. Landscape Plan submitted to TDP –implementation in<br />

progress.<br />

Cradle Mountain Water, Somerset – Storm Surge Protection to Waste Water<br />

Treatment Facility. Development Permits issues by WWC and the Crown.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 560


Reports of Officers and Committees<br />

<br />

<br />

<br />

Cradle Mountain Water – Ulverstone - Expansion of Work/Storage Depot, Crib Rooms<br />

and Offices at Ulverstone Waste Water Treatment Plant. DA application lodged with<br />

Central Coast <strong>Council</strong>.<br />

Cradle Mountain Water – Sheffield- New Crib Room, Depot, Office and Store at CMW<br />

Sheffield site. DA application lodged with Kentish <strong>Council</strong>.<br />

<strong>Council</strong>’s Communications Officer has been commissioned to write a Social Media<br />

Strategy for Meander Valley <strong>Council</strong>. The Draft Social Media Strategy is now with<br />

Meander Valley <strong>Council</strong> for consideration.<br />

MOVED BY<br />

SECONDED BY<br />

CR FRIEDERSDORFF<br />

CR DUNIAM<br />

That the monthly Senior Management Report be noted.<br />

The MOTION was put and was CARRIED unanimously.<br />

IN FAVOUR<br />

MAYOR WALSH CR BRAMICH CR DEAKIN CR DIBLEY CR DUNIAM<br />

CR FAIRBROTHER CR FRIEDERSDORFF CR HAWKINS CR MOORE CR SMITH<br />

During discussion Cr Hawkins queried when the revised brief on the Camp Creek study<br />

may commence?<br />

The Executive Manager Engineering Services advised that he could provide greater detail<br />

at a later date but the consultants have been engaged and are currently undertaking<br />

works.<br />

Cr Moore noted that he was aware that there were pedestrian crossings at the eastern<br />

end and western end of Goldie Street and queried why there was not a pedestrian<br />

crossing in the centre.<br />

The question was taken on notice.<br />

Cr Moore queried why people who may be in that vicinity of Jackson and Goldie Street are<br />

being inconvenienced to have to go to a crossing. He would like designated kerb crossing<br />

ramps into Goldie Street and asked that this issue be raised at the next consultative traffic<br />

management meeting.<br />

The question was taken on notice.<br />

Cr Moore noted that the Circular Head <strong>Council</strong> has recently advertised the position of a<br />

Weeds Officer and asked what is the progress of this appointment.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 561


Reports of Officers and Committees<br />

The General Manager advised that the position has been advertised and he undertook to<br />

advise <strong>Council</strong>lors of the outcome.<br />

Cr Moore queried if there had been damage to the tree surrounds at Nurses Retreat?<br />

The Executive Manager Engineering Services took the question on notice.<br />

Cr Moore queried if the Mayor could highlight the cost of street lighting in the Mayor’s<br />

Message and alert the public to report street lights not working as <strong>Council</strong> is responsible<br />

for the cost of the lighting whether it is working or not.<br />

The Mayor undertook to raise this issue in the Mayor’s Message.<br />

The Executive Manager Financial Services left the meeting at 7:56pm<br />

Cr Hawkins queried the status of the Shared Pathway Project.<br />

The General Manager replied there were unresolved issue with respect to ownership of<br />

the asset to comply with Federal Government grant conditions.<br />

MOVED BY<br />

SECONDED BY<br />

CR BRAMICH<br />

CR FAIRBROTHER<br />

That this <strong>Council</strong> write to Cradle Mountain Water as a matter of urgency requesting<br />

that a budget allocation be made for the 2013/2014 financial year for sewerage<br />

improvements in Stennings Road, <strong>Wynyard</strong> and to rectify the current situation of<br />

sewerage and water services in Belton Street, <strong>Wynyard</strong>.<br />

The MOTION was put and was CARRIED unanimously.<br />

IN FAVOUR<br />

MAYOR WALSH CR BRAMICH CR DEAKIN CR DIBLEY CR DUNIAM<br />

CR FAIRBROTHER CR FRIEDERSDORFF CR HAWKINS CR MOORE CR SMITH<br />

The Executive Manager Organisational and Community Development left the meeting at<br />

8:10pm<br />

The Executive Manager Organisational and Community Development returned to the<br />

meeting at 8:12pm<br />

The Executive Manager Financial Services returned to the meeting at 8:12pm<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 562


Reports of Officers and Committees<br />

ACTION LIST - COUNCIL MEETING 15 OCTOBER 2012 - SUMMARY <strong>OF</strong> RESOLUTIONS AND<br />

ACTIONS UNDERTAKEN FROM THE PREVIOUS COUNCIL MEETING<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 563


Reports of Officers and Committees<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 564


Reports of Officers and Committees<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 565


Reports of Officers and Committees<br />

Community Assistance Grants – 2012/2013 – Round One<br />

Organisation<br />

Approved<br />

Paid<br />

June 2012<br />

Boat Harbour Beach Surf Life Saving Club 2,000 2,000<br />

Somerset Strikers Cricket Club 2,000 2,000<br />

<strong>Wynyard</strong> Squash Racquets Association 400 400<br />

<strong>Wynyard</strong> Yacht Club Inc 2,000<br />

<strong>Wynyard</strong> Cricket Club Women’s Team 1,096 1,096<br />

<strong>Wynyard</strong> Bowls Club Inc 500 500<br />

<strong>Wynyard</strong> Social Badminton 285 285<br />

<strong>Wynyard</strong> AFL Auskick Centre Inc 500 500<br />

<strong>Wynyard</strong> Junior Soccer Club 300<br />

Myalla Cricket Club 965 965<br />

<strong>Wynyard</strong> High School - Home Help Program 1,976 1,976<br />

Yolla District High School 2,000 2,000<br />

<strong>Wynyard</strong> Rainbow Girl Guides 300<br />

Somerset Puddleduck Playcentre Inc 960<br />

1 st <strong>Wynyard</strong> Scout Group 600<br />

Australian Breastfeeding Association – <strong>Wynyard</strong> Group 405<br />

Meals on Wheels – <strong>Wynyard</strong> Group 500 500<br />

Burnie Coastal Art Group (BCAG) 1,000 1,000<br />

Somerset Xmas Pageant Committee 750<br />

Lions Club of <strong>Wynyard</strong> – Christmas Parade 1,500 1,500<br />

Fusion Australia – Poatina – <strong>Wynyard</strong> Advent Pageant 500<br />

CAM – Somerset Neighbourhood Watch 300<br />

<strong>Wynyard</strong> RSL Sub Branch Inc 800 800<br />

Order of The Dragon’s Realm 1,000 1,000<br />

North West Renal Unit 79.20 79.20<br />

Total Small Grants Program Recommendations 22,716.20 16,601.20<br />

Community Support Grants – 2012/2013 – Round One<br />

Organisation<br />

Approved<br />

Paid<br />

June 2012<br />

<strong>Wynyard</strong> Camera Club 525 525<br />

<strong>Wynyard</strong> Historical Society 500 500<br />

<strong>Wynyard</strong> Municipal Concert Band Inc 3,000 3,000<br />

<strong>Wynyard</strong> Ladies Probus Club 100 100<br />

<strong>Wynyard</strong> Garden Club Inc 700<br />

Inglis Pony Club 700 700<br />

Women of the World 125 125<br />

Central <strong>Wynyard</strong> Neighbourhood Watch 200 200<br />

Hellyer College 500 500<br />

PICSE UTAS Science Awards 500 500<br />

Total $6,850 6,150<br />

Budget Allocation:<br />

Small Grants Program – Round One $40,000<br />

Community Support $10,000<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 566


Reports of Officers and Committees<br />

Total $50,000<br />

Less: Recommendation Round One $22,716.20<br />

Less: Recommendation Community Support $6,850<br />

Total $29,566.20<br />

Balance Available $20,433.80<br />

Donations<br />

Description 2009/2010 2010/2011 Current YTD<br />

Grants, Donations provided $34,737 $37,776.80 $22,751.20<br />

ADMINISTRATION - USE <strong>OF</strong> CORPORATE SEAL<br />

Date Document Details<br />

8 October 2012 Final Plan & Schedule of Easements 9 Brunts Road, Boat Harbour, GM Stewart & G Mazzella<br />

23 October 2012 TMD (formerly TASINET) New Contract with TMD<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 567


Other Matters<br />

13.0 MATTERS PROPOSED FOR CONSIDERATION IN CLOSED MEETING<br />

Legislative Reference:<br />

Local Government (Meeting Procedures) Regulations 2005; Regulation 15<br />

A <strong>Council</strong> may (by absolute majority resolution) to close a meeting or part of a meeting when certain<br />

matters are being, or are to be discussed. The grounds for the closure are to be recorded in the minutes of<br />

the meeting.<br />

Subregulation (2) provides the following list of specified matters:-<br />

(a) personnel matters, including complaints against an employee of the council;<br />

(b) industrial matters relating to a person;<br />

(c) contracts for the supply and purchase of goods or services;<br />

(d) the security of property of the council;<br />

(e) proposals for the council to acquire land or an interest in the land or for the disposal of land;<br />

(f) information provided to the council on the condition it is kept confidential;<br />

(g) trade secrets of private bodies;<br />

(h) matters relating to actual or possible litigation taken by or involving the council or an employee of<br />

the council;<br />

(i) applications by councillors for leave of absence;<br />

(j) the personal affairs of any person.<br />

A <strong>Council</strong> may also close a meeting or part of a meeting when acting as a Planning Authority if it is to<br />

consider any matter relating to actual or possible legal action taken by, or involving, the council.<br />

Any discussions, decisions, reports or documents relating to a closed meeting are to be kept confidential<br />

unless the <strong>Council</strong> or <strong>Council</strong> Committee, after considering privacy and confidentiality issues, authorises<br />

their release to the public.<br />

The chairperson is to exclude members of the public from a closed meeting, but may invite any person to<br />

remain at the meeting to provide advice or information.<br />

The chairperson may authorise the removal of any person from a closed meeting if that person refuses to<br />

leave; and request the assistance of a police officer to remove that person.<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 568


Other Matters<br />

MOVED BY<br />

SECONDED BY<br />

CR MOORE<br />

CR DEAKIN<br />

That the <strong>Council</strong> RESOLVES BY AN ABSOLUTE MAJORITY that the matters listed below<br />

be considered in Closed Meeting:-<br />

Matter<br />

Local Government (Meeting Procedures)<br />

Regulations 2005 Reference<br />

Confidential Report R15 (2) – Confirmation of Closed<br />

15 (2)<br />

Minutes of Previous Meeting<br />

Confidential Report R15 (2) – Business Arising From Closed<br />

15 (2)<br />

Minutes Confirmed<br />

Confidential Report R15 (2) - Issues Raised By <strong>Council</strong>lors 15 (2)<br />

Confidential Report R15 (2) - <strong>Council</strong>lor Questions Received<br />

15 (2)<br />

In Writing<br />

Confidential Report R15 (2) - Response(s) To <strong>Council</strong>lor<br />

15 (2)<br />

Questions Received In Writing<br />

Confidential Report R15 (2) - Response(s) To <strong>Council</strong>lor<br />

15 (2)<br />

Questions Taken On Notice From Previous Meeting<br />

Confidential Report R15 (2) - <strong>Council</strong>lor Questions Without<br />

15 (2)<br />

Notice<br />

Confidential Report R15 (2) - Notices Of Motion 15 (2)<br />

Confidential Report R15 (2)(i) - Leave Of Absence Request -<br />

15 (2)(i)<br />

<strong>Council</strong>lors<br />

Confidential Report R15(2)(c) – Joint Tender for Design and<br />

15 (2)(c)<br />

Construction of Bridges – Brackendale Road, Dowlings<br />

Creek, Yolla and Kubanks Road, Duck River, Smithton<br />

Confidential Report R15 (2)(c) – Tender Evaluation – 12H<br />

15 (2)(c)<br />

Grader Replacement<br />

Confidential Report R15(2)(c) – Rear Access at 37 Jackson<br />

15 (2)(c)<br />

Street, <strong>Wynyard</strong><br />

Confidential Report R15 (2)(c) - Cheques And EFT’s as at 31<br />

15 (2)(c)<br />

October 2012<br />

Confidential Report R15 (2)(h) – Closed Senior<br />

15 (2)(h)<br />

Management Report<br />

Public Release Authorisation 15 (9)<br />

The MOTION was put and was CARRIED unanimously.<br />

IN FAVOUR<br />

MAYOR WALSH CR BRAMICH CR DEAKIN CR DIBLEY CR DUNIAM<br />

CR FAIRBROTHER CR FRIEDERSDORFF CR HAWKINS CR MOORE CR SMITH<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 569


Other Matters<br />

14.0 CLOSURE <strong>OF</strong> MEETING TO THE PUBLIC<br />

Legislative Reference:<br />

Local Government (Meeting Procedures) Regulations 2005; Regulation 15<br />

MOVED BY<br />

SECONDED BY<br />

CR MOORE<br />

CR DUNIAM<br />

That the <strong>Council</strong> RESOLVES BY AN ABSOLUTE MAJORITY to go into Closed Meeting to<br />

consider the following matters, the time being 8:22pm:-<br />

Matter<br />

Local Government (Meeting Procedures)<br />

Regulations 2005 Reference<br />

Confidential Report R15 (2) – Confirmation of Closed<br />

15 (2)<br />

Minutes of Previous Meeting<br />

Confidential Report R15 (2) – Business Arising From Closed<br />

15 (2)<br />

Minutes Confirmed<br />

Confidential Report R15 (2) - Issues Raised By <strong>Council</strong>lors 15 (2)<br />

Confidential Report R15 (2) - <strong>Council</strong>lor Questions Received<br />

15 (2)<br />

In Writing<br />

Confidential Report R15 (2) - Response(s) To <strong>Council</strong>lor<br />

15 (2)<br />

Questions Received In Writing<br />

Confidential Report R15 (2) - Response(s) To <strong>Council</strong>lor<br />

15 (2)<br />

Questions Taken On Notice From Previous Meeting<br />

Confidential Report R15 (2) - <strong>Council</strong>lor Questions Without<br />

15 (2)<br />

Notice<br />

Confidential Report R15 (2) - Notices Of Motion 15 (2)<br />

Confidential Report R15 (2)(i) - Leave Of Absence Request -<br />

15 (2)(i)<br />

<strong>Council</strong>lors<br />

Confidential Report R15(2)(c) – Joint Tender for Design and<br />

15 (2)(c)<br />

Construction of Bridges – Brackendale Road, Dowlings<br />

Creek, Yolla and Kubanks Road, Duck River, Smithton<br />

Confidential Report R15 (2)(c) – Tender Evaluation – 12H<br />

15 (2)(c)<br />

Grader Replacement<br />

Confidential Report R15(2)(c) – Rear Access at 37 Jackson<br />

15 (2)(c)<br />

Street, <strong>Wynyard</strong><br />

Confidential Report R15 (2)(c) - Cheques And EFT’s as at 31<br />

15 (2)(c)<br />

October 2012<br />

Confidential Report R15 (2)(h) – Closed Senior<br />

15 (2)(h)<br />

Management Report<br />

Public Release Authorisation 15 (9)<br />

The MOTION was put and was CARRIED unanimously.<br />

IN FAVOUR<br />

MAYOR WALSH CR BRAMICH CR DEAKIN CR DIBLEY CR DUNIAM<br />

CR FAIRBROTHER CR FRIEDERSDORFF CR HAWKINS CR MOORE CR SMITH<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 570


Other Matters<br />

15.0 RESUMPTION <strong>OF</strong> OPEN MEETING<br />

At 8:58pm the Open Meeting was resumed.<br />

16.0 PUBLIC RELEASE ANNOUNCEMENT<br />

The Chairman announced that pursuant to Regulation 15(9) of the Local Government<br />

(Meeting Procedures) Regulations 2005 and having considered privacy and confidential<br />

issues, the <strong>Council</strong> authorised the release to the public of the following discussions,<br />

decisions, reports or documents relating to the closed meeting:<br />

Min. No. Subject Decisions/Documents<br />

21.1 Joint Tender For Design And<br />

Construction Of Bridges –Brackendale<br />

Road, Dowlings Creek, Yolla And<br />

That the <strong>Council</strong> award contract 686 to Bridge Pro<br />

jointly with Circular Head <strong>Council</strong> contract 1535<br />

to Bridge Pro.<br />

Kubanks Road, Duck River, Smithton<br />

21.2 Tender evaluation – 12h grader<br />

replacement<br />

Replace the 12H Grader with a John Deere 772<br />

AWD supplied by Hitachi Construction.<br />

21.3 Rear access at 37 Jackson Street,<br />

<strong>Wynyard</strong><br />

That the <strong>Council</strong> authorise the General Manager<br />

or his delegate to initiate a memorandum of<br />

transfer of a right of carriageway over CT 2262/28<br />

to the property owners of 37 Jackson Street,<br />

<strong>Wynyard</strong>:<br />

1. Where all costs are to be borne by the<br />

property owners of 37 Jackson Street;<br />

2. The maintenance of the right of way be the<br />

responsibility of the owners of 37 Jackson Street;<br />

and<br />

3. The right of way be maintained to the<br />

satisfaction of the Executive Manager of<br />

Engineering Services.<br />

THERE BEING NO FURTHER BUSINESS THE CHAIRPERSON DECLARED THE MEETING CLOSED AT<br />

8:59pm.<br />

Confirmed,<br />

MAYOR<br />

17 December 2012<br />

<strong>Waratah</strong>-<strong>Wynyard</strong> <strong>Council</strong> – Minutes Ordinary Meeting – 19 November 2012 – Page 571

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