3mb - Mid Western Regional Council - NSW Government

ORDINARY MEETINGWednesday 17 April 2013

Mid-Western Regional CouncilORDINARY MEETING - 17 APRIL 2013 1PO BOX 156MUDGEE NSW 285086 Market Street MUDGEE109 Herbert Street GULGONG77 Louee Street RYLSTONEPh: 1300 765 002 or (02) 6378 2850Fax: (02) 6378 2815Email: council@midwestern.nsw.gov.au10 April 2013Dear CouncillorMEETING NOTICEOrdinary MeetingWednesday, 17 April 2013Open Day at 5.30pmCouncil Meeting commencing at conclusion of Open dayNotice is hereby given that the above meeting of Mid-Western Regional Council will be held in theCouncil Chambers, 86 Market Street, Mudgee at the time and date indicated above to deal with thebusiness as listed on the Meeting Agenda.Members of the public may address the Committee Meeting at Open Day. Speakers are given5 minutes to outline any issue of relevance to the Council. If you wish to speak at Open Dayplease contact the Mayor’s Office on 1300 765 002 or 02 6378 2850 by 3.00 pm on the day of themeeting. Alternatively, please make yourself known to the Manager Governance prior to thecommencement of the meeting.Yours faithfullyWARWICK L BENNETTGENERAL MANAGER

2Mid-Western Regional CouncilORDINARY MEETING - 17 APRIL 2013AGENDAItem 1: Apologies......................................................................................... 3Item 2: Disclosure of Interest ....................................................................... 3Item 3: Confirmation of Minutes ................................................................... 33.1 Minutes of Ordinary Meeting held on 3 April 2013 3Item 4: Matters in Progress ....................................................................... 17Item 5: Mayoral Minute .............................................................................. 18Item 6: General Business .......................................................................... 196.1 Notices of Motion 196.2 Reports 206.2.1 DA0383/2013 Shed for Storage of Earthmoving equipment and Trucks,Lot 8 DP 252962, 53 Peppercorn Lane, Buckaroo, 2850 206.2.2 Planning proposal – Botobolar 536.2.3 Draft State Environmental Planning Policy (Mining, PetroleumProduction and Extractive Industries) Amendment (Coal Seam Gas) 796.2.4 Department of Planning and Infrastructure Performance Monitoring 876.2.5 Draft Community Plan, Delivery Program/Operational Plan, andResourcing Strategy 926.2.6 Acquisition of Land or Interests in Land Policy and Leasing & Licensingof Council Property Policy Reviews 946.2.7 Monthly statement of Mid-Western Regional Council bank balances andinvestments as at 31 March 2013 1006.2.8 Red Hill Reserve Working Party - March 2013 105Item 7: Urgent Business Without Notice .................................................. 107

Mid-Western Regional CouncilORDINARY MEETING - 17 APRIL 2013 3Item 1: ApologiesItem 2: Disclosure of InterestIn accordance with Section 451 of the Local Government Act 1993, Councillors should declare an interestin any item on this Agenda. If an interest is declared, Councillors should leave the Chambers prior to thecommencement of discussion of the item.Item 3: Confirmation of MinutesCOUNCIL DECISION:3.1 Minutes of Ordinary Meeting held on 3 April 2013That the Minutes of the Ordinary Meeting held on 3 April 2013, Minute Nos 121/13 to 140/13 be taken asread and confirmed.The Minutes of the Ordinary Meeting are attached:Minutes of the Ordinary Meeting of CouncilHeld at the Council Chambers, 86 Market Street, Mudgeeon Wednesday 3 April 2013, commencing at 5.31 pm and concluding at 5.53 pmPRESENTIN ATTENDANCEMEDIA REPRESENTATIVESCr D Kennedy (Mayor), Cr P Cavalier, Cr EE Martens (AM), Cr PA Shelley, Cr JP Thompson,Cr MB Walker, Cr JK Weatherley, Cr JR Webb (Deputy Mayor), Cr L White.General Manager (WL Bennett), Group Manager Mid-Western Operations (B Cam), GroupManager Development and Community Services (C Van Laeren), Group Manager Financeand Administration (C Phelan), Manager Governance (I Roberts)Mudgee Guardian / The Weekly (R Murray), Radio 2MG (M. Heldon).Item 1:Item 2:ApologiesThere were no apologies.Disclosure of InterestCouncillor Walker declared a pecuniary conflict of interest in Item 6.2.3 as he is the owner of the subject property.Item 3:Confirmation of Minutes121/13 MOTION: Shelley/CavalierThat the Minutes of the Ordinary Meeting held on 20 March 2013 (Minute Nos. 88/13 to120/13) be taken as read and confirmed.The motion was put and carried.Item 4:Matters in ProgressNoted.

4Mid-Western Regional CouncilORDINARY MEETING - 17 APRIL 2013Adjournment for Open Day122/13 MOTION: Walker/ShelleyThat Council adjourn for Open Day at 5.32 pm.The motion was put and carried.123/13 MOTION: Shelley/CavalierThat Council reconvene at 5.45 pm.The motion was put and carried.Item 5:Mayoral MinuteThere was no Mayoral Minute.Item 6:General Business3.2 6.1 NOTICES OF MOTIONThere were no Notices of Motion.3.3 6.2 REPORTS TO COUNCIL6.2.1 DA0211/2013 – SINGLE DWELLING, POOL AND SHED, LOT 1 DP 1175532, 6A AVISFORD COURTMUDGEE 2850A0100056, P2169061124/13 MOTION: Shelley/WeatherleyThat:1. The report by the Environmental Planner on the DA 0211/2013 – Single Dwelling,Pool and Shed, Lot 1 DP 1175532, 6A Avisford Court Mudgee 2850 be received;2. Development Application DA0211/2013 Single Dwelling, Pool and Shed, Lot 1 DP1175532, 6A Avisford Court Mudgee 2850 be approved subject to the followingconditions;3. Council vary the building envelope for DP 1175532 for the purposes of thisdevelopment application.APPROVED PLANS1. Development is to be carried out generally in accordance with stamped plansdrawn by CCA Architects: Site Plan, DWG No A1.101, Rev 03, Drawn 12.03.2013;Dwelling Entitlement Diagram & Section, DWG No. A1.201, Rev 01, Drawn08.11.2012; Ground Floor Plan, DWG No A3.101, Rev 01, Drawn 08.11.2012; Level 2 Plan, DWG No. A3.102, Rev 01, Drawn 08.11.2012; Top of Roof, DWG No. A3.103, Rev 01, Drawn 08.11.2012; North & South Elevation, DWG No. A7.101, Rev 01, Drawn 08.11.2012; East & West Elevation, DWG No. A7.102, Rev 01,Drawn 08.11.2012; Shed Floor Plan & Section, DWG No. A3.201, Rev 03, Drawn 12.03.2013; Shed Elevation, DWG No. A7.103, Rev 02, Drawn 12.03.2013and the Application received by Council on 08.11.2012 except as varied by theconditions listed herein. Any minor modification to the approved plans willrequire the lodgement and consideration by Council of amended plans. Majormodifications will require the lodgement of a new development application.

Mid-Western Regional CouncilORDINARY MEETING - 17 APRIL 2013 5AMENDMENTS2. The plans are to be amended in the following manner:To provide landscape plantings along the length of the dwellings driveway tovisually screen the expanse of sealed hardstand required.GENERAL3. If any aboriginal artefacts are uncovered or identified during constructionearthworks, such work is to cease immediately and the local aboriginalcommunity and National Parks and Wildlife Service are to be notified.(Note: A suitably qualified person is required to be present during earthworks toidentify whether any artefacts were uncovered).4. The external treatments and colour scheme of the dwelling and shed must be ofnatural earthy tones to integrate the development into the surroundinglandscape. No bright treatments or colours are allowed to be part of the colourscheme of the development.5. Landscape plantings must be provided for the length of the dwellings drivewayto screen the expanse of hardstand required.6. All vehicle driveways and vehicle manouvering areas must be sealed withconcrete or paved hardstand and be designed to ensure that all vehicles canenter and leave the dwelling and shed in a forward direction.7. The shed is not approved for use as a Granny Flat or Dual Occupancy. Separatedevelopment approval is required for such uses of the shed if required and maynot be approved.8. All landscaping is to be established prior to occupation of the development andconsist of appropriately advanced trees and shrubs. Tree and shrub speciesshould be endemic to the Mid-Western Regional Local government Area, requireminimal watering and be salt resistant. Alternatively, smaller plan sizes will beconsidered if irrigation systems are implemented.9. All batters, terraces or unprotected embankments must be regenerated with turfor landscape plantings prior to the occupation of the dwelling.10. All exterior lighting associated with the development shall be designed andinstalled so that no obtrusive light will be cast onto any adjoining property orroadways, in accordance with Australian Standard 4282 “Control of theObtrusive Effects of Outdoor Lighting”.11. The subject lot does not have access to an urban reticulated water supply.Details of the proposed private water supply system are to be provided toCouncil with the application for Construction Certificate.BUILDING12. The development must be carried out in accordance with the approved stampedplans, except as otherwise provided by the conditions of this determination(Note:- modifications to the approved plans will require the lodgement andconsideration by Council of a modification pursuant to Section 96 of theEnvironmental Planning and Assessment Act).13. All plumbing and drainage work must be carried out by a licensed plumber anddrainer and must comply with the requirements of AS 3500 (National Plumbing &Drainage Code) and the Plumbing Code of Australia - 2012.14. All plumbing and drainage inspections must be carried out by Council prior tothe covering of any trenches or wall/ceiling linings.15. All building work must comply with the requirements of the NationalConstruction Code 2012, Volume Two, together with the relevant AustralianStandards and also the Environmental Planning and Assessment Act, 1979, asamended, and Regulations.

6Mid-Western Regional CouncilORDINARY MEETING - 17 APRIL 201316. All mandatory inspections required by the Environmental Planning andAssessment Act and any other inspections deemed necessary by the PrincipalCertifying Authority being carried out during the relevant stages of construction.17. Construction work noise that is audible at other premises is to be restricted tothe following times.Monday to Saturday -- 7.00am to 5.00pmNo construction work is permitted on Sundays and Public Holidays.18. Prior to the occupation of a new building, an Occupation Certificate must beobtained from the Principal Certifying Authority appointed for the erection of thebuilding.19. A sign must be erected in a prominent position on any work site on which theerection of a building is being carried out; stating that unauthorised entry to the work site is prohibited, and showing the name of the person in charge of the work site and a telephonenumber at which that person may be contacted outside working hours.20. The strength of the concrete used for the reinforced concrete shed slab andpiers must be 25MPa (N25)21. All stormwater must discharge to the street gutter by the use of non-flexible kerbadaptors.22. Erosion and sediment control measures being implemented prior to thecommencement of works and must be maintained during the period ofconstruction to prevent sediment and other debris escaping from the site.Controls are not to be removed until the site is stable with all bare areassupporting an established vegetative cover.23. As a result of the proposed earthworks, the natural flow of surface water is notto be altered in such away so that it adversely affects the adjoining properties.24. The following documentation is to be submitted to Council or the AccreditedCertifier, prior to the granting of the construction certificate: Structural details for concrete slab and shed components.25. The requirements of the submitted BASIX Certificate must be installed and/orcompleted in accordance with the commitments contained in that Certificate.Any alteration to those commitments will require the submission of an amendedBASIX Certificate to the Council prior to the commencement of the alteration/s.26. Prior to the commencement of any construction works, the following provisionsof the Environmental Planning and Assessment Act 1979 (the Act) are to becomplied with:A Construction Certificate is to be obtained in accordance with Section81A(2)(a) of the Act.A Principal Certifying Authority is to be appointed and Council is to benotified of the appointment in accordance with Section 81A(2)(b) of theAct.Council is to given at least 2 days notice of the date intended forcommencement of building works, in accordance with Section 81A(2)(c) ofthe Act.27. The site must be provided with a waste enclosure (minimum 1800mm x 1800mmx 1200mm high) that has a lid or secure covering for the duration of theconstruction works. The enclosure is to be emptied periodically to reduce thepotential for rubbish to be blown from the site. The Council encourages theseparation and recycling of suitable materials.NOTE: ALL WASTE GENERATED FROM THE CONSTRUCTION PROCESS IS TOBE CONTAINED ON-SITE.

Mid-Western Regional CouncilORDINARY MEETING - 17 APRIL 2013 7The motion was put and carried with Councillors voting as follows:Councillors Ayes NayesCr CavalierCr KennedyCr MartensCr ShelleyCr ThompsonCr WalkerCr WeatherleyCr WebbCr White6.2.2 DA0353/2013 PROPOSED TEMPORARY USE AS CAMPING GROUNDS – MUDGEESHOWGROUND – 11 – 25 NICHOLSON STREET, MUDGEEA0100056, P0210969125/13 MOTION: Thompson/WalkerThat:1. the report by the Town Planner on Development Application No. 0353/2013,Proposed Temporary Use as Camping Grounds at Mudgee Showground 11 – 25Nicholson Street, Mudgee be received; and2. Development Application No. 0353/2013, Proposed Temporary Use as CampingGround at Mudgee Showground 11 – 25 Nicholson Street, Mudgee be approved,subject to the following conditions detailed below;APPROVED PLANS1. The Development is to be carried out generally in accordance with stampedapproved plans Drawing Nos 1-3 prepared by Mid-Western Regional Council,Statement of Environmental Effects prepared by Mid-Western Regional Counciland the Development Application received by Council, except as varied by theconditions listed herein.GENERAL2. Use of the site as a temporary camping ground associated with non ancillaryactivities of the Showground is only permitted for a maximum of 28 days peryear.A register is to be prepared and submitted on an annual basis (financial year) ofthe number of nights the facility is used and the number of sites occupied.DURING USE3. No permanent residential structures are to be built or exist within the temporarycamping ground area on site at any time.4. All vehicles are to enter and leave the site in a forward direction at all times andthis shall be properly signposted.5. At all times the site shall be fully compliant with the Local Government(Manufactured Home Estate, Caravan Parks, Camping Grounds and MoveableDwellings) Regulation 2005.6. The site shall ensure there is no interference with the amenity of theneighbourhood by reason of the emission of any “offensive noise" at all times.7. All lighting associated with the development shall be so hooded so as to preventglare nuisance to any premises not associated with the development or to anyvehicles travelling on public roads.8. Adequate waste storage facilities must be provided within the site andarrangements being made for the regular removal and disposal of all waste tothe Mudgee Waste Facility.

8Mid-Western Regional CouncilORDINARY MEETING - 17 APRIL 20139. The maximum speed limit of 15 km/hr is to be sign posted on site.10. No more than 12 persons are to occupy any one site at any time.The motion was put and carried with Councillors voting as follows:Councillors Ayes NayesCr CavalierCr KennedyCr MartensCr ShelleyCr ThompsonCr WalkerCr WeatherleyCr WebbCr White6.2.3 DA0354/2013 STAGED DWELLING HOUSE AND CONSOLIDATION, LOTS 3 & 4 DP 1146240 ANDLOT 1 DP 1062660 – 51 LUE ROAD MILROYA0100056,P2084562Councillor Walker declared a pecuniary conflict of interest in that he owns this property, leftthe meeting at 5.47 pm and did not participate in discussions or vote in relation to this matter.126/13 MOTION: Shelley/WeatherleyThat:1. the report by the Environmental Town Planner on DA 0354/2013 Staged DwellingHouse and Consolidation, Lots 3 & 4 DP 1146240 and Lot 1 DP 1062660 – 51 LueRoad Milroy be received;2. that Development Application number DA 0354/2013 for a Staged DwellingHouse and Consolidation, Lots 3 & 4 DP 1146240 and Lot 1 DP 1062660 – 51 LueRoad Mudgee (Milroy) be determined by way of consent subject to the followingconditions;APPROVED DEVELOPMENT1. This consent relates to the consolidation of land and staged consent for theerection of a dwelling house. In this regard the legal entitlement to erect adwelling on the land has been granted consent; the erection of the dwellinghouse is not approved by this consent and must form the subject of a separateDevelopment Application. Nothing in this consent is to be construed aspreventing Council from issuing further consent for the erection of a dwellinghouse in accordance with this consent.Notes:Any alteration to the plans and/or documentation shall be submitted for theapproval of Council. Such alterations may require the lodgement of anapplication to amend the consent under s96 of the Act, or a fresh developmentapplication. No works, other than those approved under this consent, shall becarried out without the prior approval of Council.Where there is an inconsistency between the documents lodged with thisapplication and the following conditions, the conditions shall prevail to theextent of that inconsistency.2. The development is to be carried out generally in accordance with the stampedapproved plans including any Amendments made in red.Any alteration to the plans and/or documentation shall be submitted for theapproval of Council. Such alterations may require the lodgement of anapplication to amend the consent under s96 of the Act, or a fresh developmentapplication. No works, other than those approved under this consent, shall becarried out without the prior approval of Council.

Mid-Western Regional CouncilORDINARY MEETING - 17 APRIL 2013 9GENERAL3. If any Aboriginal Artefacts are uncovered or identified during any constructionearthworks, such work is to cease immediately and the local aboriginalcommunity and National Parks and Wildlife Service are to be notified.(Note: A suitably qualified person would be required to be present duringearthworks to identify whether any artefacts were uncovered).4. Intensive plant agriculture as defined by the Mid-Western Local EnvironmentalPlan 2012 and/or irrigated fodder production is to be carried out on the site inperpetuity while ever a dwelling exists on the land. A suitable positive covenantis to be placed on the allotment capturing the requirements of this condition.The details of the positive covenant are to be submitted to Council for approvalwith the application for the subdivision certificate.5. A subdivision certificate is to be obtained from Council prior to the registrationof the plan of consolidation.PRIOR TO THE COMMENCEMENT OF WORKS – STAGE 26. Prior to the commencement of any construction works, the following provisionsare to be complied with:The motion was put and carried with Councillors voting as follows:Councillor Walker returned to the meeting at 5.48 pm.a) A separate Development Consent is to be obtained from Council relatingto the erection of a dwelling house in association with this consent.b) A Construction Certificate is to be obtained in accordance with Section81A(2)(a) of the Act.c) A Principal Certifying Authority is to be appointed and Council is to benotified of the appointment in accordance with Section 81A(2)(b) of theAct.d) Council is to given at least 2 days notice of the date intended forcommencement of building works, in accordance with Section 81A(2)(c) ofthe Act.Councillors Ayes NayesCr CavalierCr KennedyCr MartensCr ShelleyCr ThompsonCr WeatherleyCr WebbCr White6.2.4 MONTHLY BUDGET REVIEW – FEBRUARY 2013127/13 MOTION: Shelley/CavalierA0100056, A0149935That:The motion was put and carried.1. the report by the Manager Financial Planning on the Monthly Budget Review –February 2013 be received;2. the 2012/13 Operational Plan be amended in accordance with the variations aslisted on page 2 of the February 2013 Monthly Budget Review and reproduced inthe report below.

10Mid-Western Regional CouncilORDINARY MEETING - 17 APRIL 20136.2.5 WATER MODELLING – CUDGEGONG RIVER128/13 MOTION: Shelley/CavalierA0100056, F0780005, A0170053That:The motion was put and carried.1. the report by the General Manager on Water modelling – Cudgegong River bereceived;2. Council work with the NSW Office of Water to insist that the minimum storagelevel at Windamere Dam remains at 120,000 megalitres and that the NSW Officeof Water be requested to immediately amend their Bulk Water Transfer Plan.6.2.6 MUDGEE SEWERAGE AUGMENTATION PROGRESS REPORTA0100056, A0100055, F0740001129/13 MOTION: Cavalier/MartensThat the report by the Business Manager Services on the Mudgee Sewerage Augmentation Progress Report bereceived.The motion was put and carried.6.2.7 NAMING OF NEW ROADS IN THE GLEN MYRA SUBDIVISION OFF ROBERTSON STREET,MUDGEEA0100056, R0790141130/13 MOTION: Cavalier/WhiteThat:The motion was put and carried.1. the report by the Revenue & Property Manager on the Naming of new roads inthe Glen Myra Subdivision off Robertson Street be received;2. Council formally approve the name of Doug Gudgeon Drive and Brian HeberGrove for the new roads in the Glen Myra Estate subdivision off RobertsonStreet and Melton Road.6.2.8 NAMING OF NEW ROAD – STAN BOAL COURT131/13 MOTION: Webb/ThompsonA0100056, R0790141That:The motion was put and carried.1. the report by the Revenue & Property Manager on the naming of new road – StanBoal Court be received;2. Council formally approve the name of Stan Boal Court for the new road in a newsubdivision off Church Street.6.2.9 ADDITION OF BROWNS LANE, KANDOS AND LOWER PIAMBONG ROAD, PIAMBONG TOEXISTING BUS ROUTESA0100056, A0170051, R9015001, R0042001132/13 MOTION: Shelley/WhiteThat:1. the report by the Manager Technical Services on the Addition of Browns Lane,Kandos and Lower Piambong Road, Piambong to existing Bus Routes bereceived;

Mid-Western Regional CouncilORDINARY MEETING - 17 APRIL 2013 11The motion was put and carried.2. that Brown’s Lane, Kandos be endorsed for inclusion as part of the NulloMountain to Rylstone Primary School Bus Route.3. that Lower Piambong Road, Piambong be endorsed for inclusion as part of theGoolma to Kaludabah Bus Route from the Goolma Road for 12km to the propertyComelong in dry weather only utilising a small 20 seater bus.6.2.10 REGIONAL SIGNAGE133/13 MOTION: Cavalier/WeatherleyA0100056, A0820020That the report by the General Manager on Regional signage be received.The motion was put and carried.6.2.11 STAFF STRUCTURE134/13 MOTION: White/CavilierA0100056, A0270001That:The motion was put and carried.1. the report by the General Manager on the Staff structure be received;2. Council endorse the existing staffing structure noting the changed title fromGroup Manager to Director.6.2.12 NATIONAL GENERAL ASSEMBLY OF LOCAL GOVERNMENT 2013A0100056, A0110024, A0110018, A0310021135/13 MOTION: Thompson/CavalierThat:The motion was put and carried.1. the report by the General Manager on the National General Assembly of LocalGovernment be received;2. the Mayor and General Manager attend the National General Assembly of LocalGovernment in Canberra from the 16th to the 19th June 2013.6.2.13 TREE REPORT FOR ROBERTSON ROAD - ROAD WIDENING136/13 MOTION: White/CavalierA0100056, R0790176That:The motion was put and carried.1. the report by Acting Open Spaces Coordinator on the Tree Report for RobertsonRoad - Road Widening be received;2. Council declines the request for the removal of the tree in the road reserve ofRobertson Road, Mudgee.

12Mid-Western Regional CouncilORDINARY MEETING - 17 APRIL 20136.2.14 CULTURAL DEVELOPMENT COMMITTEE137/13 MOTION: Weatherley/CavalierA0100056, A0420172That:1. the report by the Manager, Community Services on the Cultural DevelopmentCommittee be received;2. Council note the minutes of the Cultural Development Committee meetings heldon 21st January 2013 and 18 March, 2013.3. Council appoint Judith James and Gai Rayer to the Cultural DevelopmentCommittee.The motion was put and carried.6.2.15 GULGONG SPORTS COUNCIL138/13 MOTION: Thompson/CavalierA0100056, A0360003That:The motion was put and carried.1. the report by the Group Manager, Mid-Western Operations on the GulgongSports Council be received;2. That the minutes for the Gulgong Sports Council ordinary monthly meeting heldon 9 January 2013 and 13 February 2013 be noted.6.2.16 LOCAL TRAFFIC COMMITTEE MINUTES – 12 MARCH 2013139/13 MOTION: Thompson/WeatherleyA0100056, A0100009That:1. the report by the Development Engineer on the Local Traffic Committee Minutes– 12 March 2013 be received;2. the event – “14 th National Historic Machinery Rally 2013” 19, 20 & 21 April 2013 –be classified as a Class 2 event under the “Guide to Traffic and TransportManagement for Special Events Version 3.4” and proceeds with the followingconditions:a. A Special Events Transport Management Plan (TMP), is to be prepared inaccordance with the Guide to Traffic and Transport Management forSpecial Events Version 3.4 and submitted to and approved by Council priorto the event;b. Events are to be undertaken in accordance with the requirements of theNSW Police Force with their approval documentation forwarded to Councilfor notation;c. Controlling noise as required by the Protection Of The EnvironmentOperations (Noise Control) Regulation 2000;d. Reimbursing Council for the cost of damage repairs;e. Complying with any of Council’s Law Enforcement Officers’ reasonabledirectives;f. Maintain areas in a clean and tidy condition. No obstructions are to be lefton the roadways or footpaths;g. A Traffic Control Plan (TCP) be included in the TMP; the qualification of theperson creating the Traffic Control Plan must be at a minimum a holder ofthe Select and Modify Certificate or the Design and Audit Certificate;

Mid-Western Regional CouncilORDINARY MEETING - 17 APRIL 2013 13h. Any person directing traffic on a public road is required to possess anappropriate traffic controller’s certificate;i. Council must be provided with a current copy of a public liability insurancepolicy in the amount of at least $20 million. Such a policy is to note thatCouncil is indemnified against any possible action as the result of theevent;j. The event convener is to consult with all affected businesses andresidents adjacent to the proposed closure, in writing, indicating theperiod during which their accesses will be affected;k. Maintain a four-metre wide emergency vehicle lane;l. Advertise the proposed event in local newspapers with relevantinformation at least two weeks prior to the date;m. The organiser is to have a debrief with Council and Police with all trafficcontrol documentation and controls tabled for review.And the following Special Conditions:n. The southbound lane of Henry Lawson Drive be closed between PuttaBucca Road and Ulan Road from 6am on Thursday 18 April to 6pm Sunday20 April 2013;o. The southbound lane of Church Street, between Short Street and MarketStreet, be closed between the hours of 12.00pm – 6.00pm on 19, 20 and 21April 2013.p. The Australian Rural Education Centre entrances on Ulan Road bemonitored by appropriately trained traffic controllers between the hours of7.30am to 10.30am and 3.30pm to 6.00pm (approximately – specific timesto suit peak periods);q. The Ulan Road / Lue Road intersection be monitored by appropriatelytrained traffic controllers in the mornings;r. The Putta Bucca Road / Gulgong Road intersection is to be monitored byappropriately trained traffic controllers in the afternoon;s. The Road Closures be carried out & monitored by appropriately trainedtraffic controllers;t. A request be made to the RMS to allow the following Speed Limitalterations on 14 & 15 July 2012; Henry Lawson Drive, from the intersection of Eurunderee Lane tothe Vineyard Motel driveway, be reduced to the speed limit of 80kph, Henry Lawson Drive from the Vineyard Motel driveway to the UlanRoad intersection be reduced to the speed limit of 60kph, Ulan Road from the intersection of Buckaroo Road to the cemeteryentrance (600m before the AREC site) be reduced to the speed limitof 80kph, Ulan Road from the cemetery entrance to the town entrance bereduced to the speed limit of 60kph,Putta Bucca Road, a 60kph speed zone be imposed for the entirelength of Putta Bucca Road.u. All Parking is to be provided on site for the public, exhibitors and staff; andv. The “contingency plan for wet weather” affected parking areas, beimplemented as required.3. the event – ‘Mudgee Endurance Ride’ 25 & 26 May 2013 – be classified as a Class2 Event under the “Guide to Traffic and Transport Management for SpecialEvents Version 3.4” and proceeds with the following conditions:a. A Special Events Transport Management Plan (TMP), is to be prepared inaccordance with the Guide to Traffic and Transport Management forSpecial Events Version 3.3 and submitted to and approved by Council priorto the event;b. Events are to be undertaken in accordance with the requirements of theNSW Police Service with their approval documentation forwarded toCouncil for notation;c. Controlling noise as required by the Protection of The EnvironmentOperations (Noise Control) Regulation 2000;d. Reimbursing Council for the cost of damage repairs;e. Complying with any of Council’s Law Enforcement Officers’ reasonabledirectives;f. Maintain areas in a clean and tidy condition. No obstructions are to be lefton the roadways or footpaths;

14Mid-Western Regional CouncilORDINARY MEETING - 17 APRIL 2013g. the qualification of the person creating the Traffic Control Plan must be ata minimum a holder of the Select and Modify Certificate or the Design andAudit Certificate;h. Any person directing traffic on a public road is required to possess anappropriate traffic controller’s certificate;i. Council must be provided with a current copy of a public liability insurancepolicy in the amount of at least $20 million. Such a policy is to note thatCouncil is indemnified against any possible action as the result of theevent;j. The event convener is to consult with all affected businesses andresidents adjacent to the proposed closure, in writing, indicating theperiod during which their accesses will be affected;k. Maintain a four-metre wide emergency vehicle lane;l. Advertise the proposed event in local newspapers with relevantinformation at least two weeks prior to the date;m. The organiser is to have a debrief with Council and Police with all trafficcontrol documentation and controls tables for review; andn. The applicant to apply to the RMS for a “Direction to Restrict the SpeedLimit”.4. That the event – “Parramatta Eels V Gold Coast Titans NRL Match, Sunday 26May 2013” be classified as a Class 2 event under the “Guide to Traffic andTransport Management for Special Events Version 3.4” and proceeds with thefollowing conditions:a. A Special Events Transport Management Plan (TMP), is to be prepared inaccordance with the Guide to Traffic and Transport Management forSpecial Events Version 3.4 and submitted to and approved by Council priorto the event;b. Events are to be undertaken in accordance with the requirements of theNSW Police Force with their approval documentation forwarded to Councilfor notation;c. Controlling noise as required by the Protection Of The EnvironmentOperations (Noise Control) Regulation 2000;d. Reimbursing Council for the cost of damage repairs;e. Complying with any of Council’s Law Enforcement Officers’ reasonabledirectives;f. Maintain areas in a clean and tidy condition. No obstructions are to be lefton the roadways or footpaths;g. A Traffic Control Plan (TCP) be included in the TMP; the qualification of theperson creating the Traffic Control Plan must be at a minimum a holder ofthe Select and Modify Certificate or the Design and Audit Certificate;h. Any person directing traffic on a public road is required to possess anappropriate traffic controller’s certificate;i. Council must be provided with a current copy of a public liability insurancepolicy in the amount of at least $20 million. Such a policy is to note thatCouncil is indemnified against any possible action as the result of theevent;j. The event convener is to consult with all affected businesses andresidents adjacent to the proposed closure, in writing, indicating theperiod during which their accesses will be affected;k. Maintain a four-metre wide emergency vehicle lane;l. Advertise the proposed event in local newspapers with relevantinformation at least two weeks prior to the date;m. The organiser is to have a debrief with Council and Police with all trafficcontrol documentation and controls tabled for review.And the following special conditions:n. Pitts Lane will be closed to all traffic other than those displaying parkingpass, buses/coaches and disabled patrons. Vehicles will then be directedto racecourse and Parklands parking;o. Traffic management personnel will be in place at the round-a-boutintersecting Pitts Lane, Lue and Ulan Roads;p. Traffic management personnel will be in place along Lue Road, onapproach to the round-a-bout instructing drivers to continue straightthrough round-a-bout if accredited to do so or turn right and proceed toracecourse and Parklands parking;

Mid-Western Regional CouncilORDINARY MEETING - 17 APRIL 2013 15q. Signage to be installed at the intersection of the Castlereagh Highway andRocky Waterhole Road, advising alternate route to the venue;r. Signage to be installed at the intersection of the Castlereagh Highway andPutta Bucca Road, advising alternate route to the venue;5. the event – “Mudgee Small Farm Field Days” Friday and Saturday, 12 & 13 July2013 – be classified as a Class 2 event under the “Guide to Traffic and TransportManagement for Special Events Version 3.4” and proceeds with the followingconditions:a. A Special Events Transport Management Plan (TMP), is to be prepared inaccordance with the Guide to Traffic and Transport Management forSpecial Events Version 3.4 and submitted to and approved by Council priorto the event;b. Events are to be undertaken in accordance with the requirements of theNSW Police Force with their approval documentation forwarded to Councilfor notation;c. Controlling noise as required by the Protection Of The EnvironmentOperations (Noise Control) Regulation 2000;d. Reimbursing Council for the cost of damage repairs;e. Complying with any of Council’s Law Enforcement Officers’ reasonabledirectives;f. Maintain areas in a clean and tidy condition. No obstructions are to be lefton the roadways or footpaths;g. A Traffic Control Plan (TCP) be included in the TMP; the qualification of theperson creating the Traffic Control Plan must be at a minimum a holder ofthe Select and Modify Certificate or the Design and Audit Certificate;h. Any person directing traffic on a public road is required to possess anappropriate traffic controller’s certificate;i. Council must be provided with a current copy of a public liability insurancepolicy in the amount of at least $20 million. Such a policy is to note thatCouncil is indemnified against any possible action as the result of theevent;j. The event convener is to consult with all affected businesses andresidents adjacent to the proposed closure, in writing, indicating theperiod during which their accesses will be affected;k. Maintain a four-metre wide emergency vehicle lane;l. Advertise the proposed event in local newspapers with relevantinformation at least two weeks prior to the date;m. The organiser is to have a debrief with Council and Police with all trafficcontrol documentation and controls tabled for review.And the following Special Conditions:n. The southbound lane of Henry Lawson Drive be closed between PuttaBucca Road and Ulan Road from 6am on Friday 13 July to 6pm Saturday 14July 2012;o. The southbound lane of Church Street, between Short Street and MarketStreet, be closed between the hours of 12.00pm – 6.00pm on 14 & 15 July2012.p. The Australian Rural Education Centre entrances on Ulan Road bemonitored by appropriately trained traffic controllers between the hours of7.30am to 10.30am and 3.30pm to 6.00pm (approximately – specific timesto suit peak periods);q. The Ulan Road / Lue Road intersection be monitored by appropriatelytrained traffic controllers in the mornings;r. The Putta Bucca Road / Gulgong Road intersection is to be monitored byappropriately trained traffic controllers;s. The Road Closures be carried out & monitored by appropriately trainedtraffic controllers;t. A request be made to the RMS to allow the following Speed Limitalterations on 14 & 15 July 2012; Henry Lawson Drive, from the intersection of Eurunderee Lane tothe Vineyard Motel driveway, be reduced to the speed limit of 80kph, Henry Lawson Drive from the Vineyard Motel driveway to the UlanRoad intersection be reduced to the speed limit of 60kph,

16Mid-Western Regional CouncilORDINARY MEETING - 17 APRIL 2013Ulan Road from the intersection of Buckaroo Road to the cemeteryentrance (600m before the AREC site) be reduced to the speed limitof 80kph,Ulan Road from the cemetery entrance to the town entrance bereduced to the speed limit of 60kph,Putta Bucca Road, a 60kph speed zone be imposed for the entirelength of Putta Bucca Road.u. All Parking is to be provided on site for the public, exhibitors and staff;v. The “free courtesy buses” be organised by AREC to allow public andexhibitors transport to the event, as suggested by the organiser; andw. The “contingency plan for wet weather” affected parking areas, beimplemented as required.The motion was put and carried.6.2.17 MUDGEE SPORTS COUNCIL140/13 MOTION: Weatherley/WebbA0100056, A0360013That:The motion was put and carried.1. the report by the Group Manager, Mid-Western Operations on the Mudgee SportsCouncil be received;2. the minutes for the Mudgee Sports Council ordinary monthly meeting held on 25February 2013 be noted.Item 7:Urgent Business Without NoticeThere was no Urgent Business Without Notice.Item 8:Confidential SessionThere were no matters discussed in Confidential Session.ClosureThere being no further business the meeting concluded at 5.53 pm.

Mid-Western Regional CouncilORDINARY MEETING - 17 APRIL 2013 17Item 4: Matters in ProgressSUBJECTRylstone/KandosSewerageAugmentationRESOLUTIONNO. & DATES.85/10Assets Mtg1/12/10RESOLUTIONThat:2. Council commencenegotiations with theDepartment of Environment,Climate Change and Waterto defer construction of anew Treatment Plant atKandos until funds becomeavailable under the CountryTown Water and SewerageScheme;3. staff review options to stagethe proposed works in thisregion to improve theaffordability of theaugmentation required tomeet effluent dischargequality requirements.ACTIONWith the focus ondelivering the MudgeeSewer Works insufficientstaff resources areavailable to review thisschemeTourist RegionalSignageQuarry Road –KandosReturnRoyaltiesofRes 545/11Ord Mtg21/12/2011Res. 64/12Ordinary Mtg15/2/2012Res. 151/12Ord. Mtg.18/4/2012That:3. Council request the RTA toerect more effectivedirection signage at majorintersections to the region.That consideration of this matterbe deferred until discussionswith Cement Australia havebeen completed.That Council continue to fightfor the return of royalties for theregion.Report included in lastbusiness paperRECOMMENDCOMPLETIONNo determination as yet.Expressions of Interesthave been lodged withthe State Government.Fridge Buy BackSchemeRes. 90/13That Council investigate thepossibility of joining the fridgebuy back scheme.This programme is onlyavailable in greaterSydney and the Hunter.The scheme has not yetbeen extended towestern NSW. We willkeep a watching brief onthe programme andreport to Council if anynew opportunities arise.RECOMMENDCOMPLETION

18Mid-Western Regional CouncilORDINARY MEETING - 17 APRIL 2013Item 5: Mayoral MinuteNil.

Mid-Western Regional CouncilORDINARY MEETING - 17 APRIL 2013 19Item 6: General Business6.1 Notices of MotionNil.

20Mid-Western Regional CouncilORDINARY MEETING - 17 APRIL 20136.2 Reports6.2.1 DA0383/2013 Shed for Storage of Earthmoving equipment andTrucks, Lot 8 DP 252962, 53 Peppercorn Lane, Buckaroo, 2850REPORT BY THE ENVIRONMENTAL PLANNER TO 17 APRIL 2013 COUNCIL MEETINGDA0383-2013 Truck Depot 43 Peppercorn Lane Buckarroo.dotxA0100056, P0306364RECOMMENDATIONThat:1. the report by the Environmental Planner on DA 0383/2013 Shed for Storage ofPlant Trucks, Lot 8 DP 252962 be received;2. the development application DA 0383/2013 Shed for Storage of Plant Trucks, Lot8 DP 252962 be refused for the following reasons:a) The proposed development is defined as a Truck Depot and is a prohibiteduse in the R5 Large Lot Residential zone under the Mid-Western RegionalCouncil Local Environmental Plan 2012.b) The proposed development is inconsistent with the objectives of the R5 LargeLot Residential zone under the Mid-Western Regional Council LocalEnvironmental Plan 2012 as it does not support residential housing in a ruralsetting, will affect the visual and scenic quality of the area; does not supportorderly urban development; increases the need for infrastructure expansionsby requiring the upgrade of Peppercorn Lane; and will create conflict in thezone by introducing an industrial style development into a residential area.c) The proposed development is inconsistent with Clause 6.5 TerrestrialBiodiversity as it requires the removal of approximately 500m2 of trees whichare identified as being part of a High Biodiversity Sensitivity Area under MapBIO_006 of the Mid-Western Regional Council Local Environmental Plan 2012and may be valuable habitat for flora and fauna and can be avoided on site.d) The proposed development is likely to have an impact on surroundingresidences in terms of noise, vibrations and dust from servicing and heavyvehicles travelling along Peppercorn Lane and Buckaroo Road. These impactscould be significant as the time and frequency of traffic movements could notbe reasonably controlled if approved and the use has the potential for 32employees.e) The design of Peppercorn Lane and its intersection with Buckaroo Road isdeficient for safe use by heavy vehicles and local traffic as loaded heavyarticulated vehicles cannot manoeuvre into Peppercorn Lane and local lighttraffic cannot safely pass or manoeuvre off Peppercorn Lane if it is beingutilised by a heavy vehicle.

Mid-Western Regional CouncilORDINARY MEETING - 17 APRIL 2013 21f) The design of Peppercorn Lane and its intersection does not meet theminimum standards under AUSTROADS Guidelines for the lowest averagedaily use road and would need to be upgraded to safely facilitate the trafficmovements from the Truck Depot and surrounding residencessimultaneously.g) The proposed development will have a negative social impact on the area byeffecting the expected Large Lot Residential amenity of adjoining andsurrounding landholders as detailed in the numerous submissions that werereceived objecting to the development.Executive summaryThe application seeks approval for the construction of a shed for the storage of earthmovingmachinery and trucks on the site.The shed is required as a depot for RJS constructions, a civil contracting company which maintainsand services a significant fleet of trucks and earthmoving equipment and has staff between 5-32employees.The nature of the use and development is such that it must be classified as a Truck Depot underthe definitions of the Mid-Western Regional Council Local Environmental Plan.The definition specifically identifies parking, servicing, trucks and earthmoving equipment asfeatures which define a Truck Depot. The proposal involves all of these features and Truck Depotsare prohibited in the R5 Large Lot Residential zone; therefore the application should be refused.The development is also considered to contravene the objectives of the R5 Large Lot Residentialzone and terrestrial biodiversity concerns under the MWRC LEP 2012; provisions of theDevelopment Control Plan 2013; and Section 79C Likely Impacts of Development considerationsunder the Environmental Planning and Assessment Act 1979.Primarily the development will create conflict within the zone by impacting the quiet and scenicresidential amenity expected in the area by surrounding residents and require unsafe trafficmovements along Peppercorn Lane which is not formed appropriately for use by heavy vehicles.Eight submissions from surrounding landholders have been received objecting to the applicationon such grounds and are evidence of the adverse impact on amenity that the development willhave if approved.The application is reported to Council due to the number of submissions that have been receivedand the recommendation is that the application should be refused.Detailed reportPROPOSED DEVELOPMENT:The application seeks approval for construction of a shed for storage of earthmoving machineryand trucks on the site.The shed is 450m2 (30m long x 15m wide) and stands 6.3m high. It contains 5 bays, two enclosedwith roller doors and three open. It will be centrally located, 300m from the sites frontage with

22Mid-Western Regional CouncilORDINARY MEETING - 17 APRIL 2013Peppercorn Lane and 130-140m from the sites side boundaries with neighbours to the north andsouth.The shed is required for a civil construction contracting company RJS Constructions Pty Ltd. Theapplicant has a fleet of 3 Excavators, 1 Grader, 1 Loader and various forms of farm equipmentwhich they intend to store and maintain in the shed.Advice provided with the application states that RJS employ 5 staff (2 permanent, 2 casual staffand a consultant) whilst based in Mudgee. When a contract is commenced the machinery istransported to the construction site and can grow to employ 32 staff (30 casuals, 2 permanentstaff). Thereafter it reduces to the 5 staff continually employed.Advice provided further states that trees have already been cleared for the development and minorservicing of the machines will be undertaken on the premises e.g. oil changes. This is undertakenby a technician who removes the waste oil on departure. Alternatively waste oil is collected by anoil recycling contractor. Servicing would be done whilst the machines are at the premises due tothe small amount of hours that machines are parked at the site.The site has frontage to the cul-de-sac of Peppercorn Lane in the locality of Buckaroo. Peppercornlane is a 3m wide gravel road which has minimal road shoulders, deep drainage lines in portions,and street trees in close proximity to the carriageway. It services 8 Large Lot Residential lotsincluding the site and is part of a broader area which is zoned Large Lot Residential to the northand south and transitions into RU4 Primary Production Small Lots to the west and to E3Environmental Conservation to the east.ASSESSMENT:The application has been assessed in accordance with Section 79C(1) of the EnvironmentalPlanning & Assessment Act 1979. The main issues are addressed below as follows.1. REQUIREMENTS OF REGULATIONS AND POLICIES:(a)Provisions of any Environmental Planning Instrument and any draft EPIPart 2 Permitted or Prohibited DevelopmentThe site is zoned R5 Large Lot Residential under the Mid-Western Regional Council LocalEnvironmental Plan 2012 (MWRC LEP 2012).The Land Use Table of the MWRC LEP 2012 identifies that the following uses arepermitted with consent and prohibited in the R5 Large Lot Residential zone:DefinitionDepot means a building or place used forthe storage (but not sale or hire) of plant,machinery or other goods (that support theoperations of an existing undertaking) whennot required for use, but does not include afarm building.truck depot means a building or placeused for the servicing and parking of trucks,earthmoving machinery and the like.PermissibilityPermitted with Consent.Note: as a use not identified as beingeither permitted without consent or beingprohibited.Prohibited.

Mid-Western Regional CouncilORDINARY MEETING - 17 APRIL 2013 23In reference to these definitions the development must be considered as a Truck Depot.The definition expressly identifies parking, servicing, trucks and earthmoving equipment aspart of the character of the definition and the application involves all four of these features.As the Truck Depot definition distinguishes itself from the Depot definition by containingthese particular features, it is considered inappropriate to utilise a non specific definitionwhen the application encompasses these features.The application fails the Depot definition further as it does not support an existingundertaking. The use has not previously been approved on the subject site.In respect of these considerations then the application must be recommended for refusal asa prohibited use in the R5 Large Lot Residential zone.Objectives of ZoneObjectives of the R5 Large Lot Residential zone strengthen the consideration for the TruckDepot to be prohibited on the site.ObjectiveTo provide residential housing in a ruralsetting while preserving, and minimisingimpacts on, environmentally sensitivelocations and scenic quality.Planning CommentThe provision of an industrial sized shed onthe site does not support the residential useof the site.The proposed shed is 450m2 and would notbe visually ancillary to the dwelling on siteand apparent in the vicinity.Further the shed would require the removalof trees on the site that are part of a HighBiosensitivity Area identified by the LEPTo ensure that large residential lots do nothinder the proper and orderly developmentof urban areas in the future.• To ensure that development in the areadoes not unreasonably increase thedemand for public services or publicfacilities.The development does not support theproper and orderly development of urbanareas as it proposes a development in aresidential area which is more suitable foran industrial area.The development unreasonably increasesdemand for public services and facilities inthat it would require Peppercorn Lane to beupgraded if approved.Peppercorn lane is not formed widelyenough or free of trees such that safepassing of trucks and earthmovingequipment associated with the Truck Depotcould be undertaken by light residentialvehicles.To minimise conflict between land useswithin this zone and land uses withinadjoining zones.The development will create conflict in thezone through amenity, environmental andtraffic impacts. The shed will not be visually

24Mid-Western Regional CouncilORDINARY MEETING - 17 APRIL 2013ancillary to the residence on site, requirethe removal of sensitive vegetation and theuse will create traffic conflicts alongPeppercorn Lane.Numerous submissions have been receivedobjecting to the development on the basisof the traffic safety issues it causes alongPeppercorn Lane.Part 6 Additional Local ProvisionsTerrestrial BiodiversityThe site contains an area of trees that are contiguous with substantial vegetation to theeast that covers Mount Pleasant. The trees and vegetation are identified as a HighBiodiversity Sensitivity area under the maps of the MWRC LEP 2012.The proposal would require approximately 500m2 of trees to be removed on the site, andthe application advises that this has already occurred.Under Clause 6.5 Terrestrial Biodiversity council may not grant consent to a development insuch an area unless:the development is designed to avoid significant environmental impact, orthe impacts cannot be reasonable avoided, orthe impacts managed to mitigate the impacts.In this regard council may not grant consent to the development because:(b)it requires the removal of a substantial area of trees that could have beensignificant habitat for flora and fauna, andthese potential impacts could have been avoided through relocation of the building,andProvisions of any Development Control Plan or Council PolicyDevelopment Control Plan 2013The development does not comply with the Part 2 Fast Track Development Applications:General Housing and Ancillary Structures “Deemed to Satisfy’’ Provisions as the shedexceeds the “Garages Outbuilding and Carports’’ maximum shed size of 120m2 on blocksgreater than 2000m2.Accordingly the Part 3 Discretionary Development Standards: Residential Developmentapply to the proposed development as the site is located in a Large Lot Residential Zone,not a Rural or Industrial zone.It should be noted that there is an anomaly in the DCP whereby the Large Lot Residentialzone was formally the Rural Small Holdings zone and has always been classified as a ruralzone. Council was required during the preparation of the Mid-Western Regional LEP 2012to convert the Rural Small Holdings zone to that of Large Lot Residential. This is the samezone as land out at Cooks Gap.

Mid-Western Regional CouncilORDINARY MEETING - 17 APRIL 2013 25Therefore while the land is perceived as rural zone land, Council’s controls require it to beassessed under the urban controls because it has residential in its zone category.Council has never intended to restrict the size of rural sheds to 120m 2 and it will benecessary to amend the DCP to reflect this. It was also Council’s intention to review theDCP in six months and part of this process will include rectifying this anomaly.Therefore while the application does not comply with the DCP, it has not been stated as areason for refusal as this was never Council’s intention.The proposal complies with the relevant provisions of Part 3.1 as follows:Part 3.1 ResidentialDevelopment Requirement Compliance/ CommentBuilding Setback Setbacks compatible withdesired streetscape.CompliesSite CoverageParkingLandscaping Side & rear setbacks nounreasonable impact onadjoining. Appropriate bulk andscale for existingresidential surrounds. Adequate off-streetparking to maintain safeoperation of local roadnetwork. Landscaping enhancesquality of builtenvironment.Complies.Does Not Comply. Bulk and scalenot appropriate. The shed has anarea of 450m2 and industrialscale proportions. By contrast thelargest shed permissible forResidential areas under the DCPis 120m2.Complies. Site has area of 10.22hectares which can accommodateall necessary parking on site.Does Not Comply. Proposalrequires needless clearance oftrees on site and no replacementor additional landscapingproposed.OutbuildingsAccess Outbuildings must notnegatively affect amenityof streetscape oradjoining properties. All weather accessadequate for emergencyservices.Does not comply. Bulk and scalenot appropriate. The shed has anarea of 450m2 and industrialscale proportions. By contrast thelargest shed permissible forResidential areas under the DCPis 120m2. The scale of the shedwill make it readily apparent fromPeppercorn lane and contrast withsize of surrounding residentialscale developments whichpopulate the locality.Complies.

26Mid-Western Regional CouncilORDINARY MEETING - 17 APRIL 2013Part 3.1 ResidentialDevelopment Requirement Compliance/ CommentDesign Principles Design responds toneeds of local communityin terms of lifestyles,affordability and accessto social facilities.Does not Comply. The designdoes not respond to the needs oflocal community in terms oflifestyle. It infringes on the largelot residential amenity expected inthe area, particularly visualamenity and safe trafficmovements along PeppercornRoad. Numerous objections to thedevelopment from surroundinglandowners have been received tothis effect.2. IMPACT OF DEVELOPMENT(a)Context and SettingThe development will not enhance the context and setting of the site. It introduces anindustrial scale building into the area which is not visually ancillary to the dwelling on site. Itwill be apparent from Peppercorn Lane and contrast with the residential scale ofdevelopments in the vicinity. It also requires the removal of approximately 500m2 of treeson site which will detrimentally affect the scenic qualities of the site and area.(b)Access, transport and trafficThe development is not acceptable on the site in respect of access and traffic as the truckdepot requires numerous heavy vehicles i.e. graders and prime movers with trailers fortransport etc to access the site over Peppercorn Lane which is not appropriate for suchvehicles.Peppercorn Lane is a 3m wide gravel road with minimal shoulders, deep drainage lines andtrees adjacent to the road in portions. Due to its characteristics two light residential vehiclescannot easily pass or reverse to safe locations to allow passing in the lane. Having theheavy vehicles on the lane would effectively block traffic on the lane, make passingimpossible and force other vehicles, such as light residential vehicles and school buses, toreverse unsafely to driveways or inappropriate passing areas such as drainage lines.Submissions received testify to the difficulties of passing heavy vehicles from the site alongthe lane.The intersection of Buckaroo Road is also not designed for the manoeuvring of loadedheavy articulated vehicles. Specifically it does not have a wide enough formed apron. Theturning circle of a heavy articulated vehicle would drag off the gravel road and damage thedrainage lines and trees in the road and laneway reserves. Again, submissions receivedtestify that ‘bulldozers’ have had to be unloaded at the intersection and driven down theroadway to the site.The fact that the use of the site for a Truck Depot requires heavy vehicles to be unloadedon a fully functioning public roadway is inappropriate in itself.

Mid-Western Regional CouncilORDINARY MEETING - 17 APRIL 2013 27(c)Public domainThe movement of heavy vehicles along Peppercorn lane and its intersection with BuckarooRoad will affect the public domain by damaging the road reserve and making it unsafe forother vehicles, particularly those associated with residential uses for which the area iszoned.(i)Air and MicroclimateThe unloading and movement of heavy vehicles along Peppercorn lane and Buckaroo roadwill generate dust that exceeds levels expected by residents in a Large Lot Residentialarea. As the movements could occur at any frequency if permitted the development couldgenerate dust that substantially affects surrounding residents.(j)Flora & faunaThe development requires the removal of approximately 500m2 of trees in an areaidentified by the MWRC LEP 2012 as being a High Biodiversity Sensitivity area. Theclearance of these trees has already been undertaken and potentially destroyed valuableflora and fauna habitats.(m)Noise & vibrationThe unloading and movement of heavy vehicles along peppercorn lane and buckaroo roadwill generate noise and vibrations that may detrimentally affect the quiet amenity ofsurrounding residents expected in a Large Lot Residential area. As the servicing andmovements of heavy vehicles along the lane and road could occur at any time includingnight time and up to 32 staff could be associated with the Truck Depot, the developmentcould have a substantial noise and vibration impact on surrounding residents.(q)Social impact in the localityThe site and surrounding properties are zoned Large Lot Residential. The socialexpectation associated with these lots and distilled in the zone objectives is that theyprovide residential lots with quiet and scenic amenity. The proposed development conflictswith this expectation in that it introduces and industrial scale building into the area andrequires industrial vehicles to utilise roads and laneways which are not suitable for them.Numerous submissions have been received to the development as evidence of this issue.3. SUITABILITY OF SITE FOR DEVELOPMENT(a)Does the proposal fit in the localityThe proposal does not fit in the locality. It introduces an industrial scale use anddevelopment into a residential area. A use that can readily be defined as a Truck Depotwhich is prohibited in the Large Lot Residential zone.(b)Are the site attributes conducive to developmentThe site attributes are not conducive to the development in that the standards of roadsservicing the site are not appropriate for the heavy vehicles it requires to access it andbecause its position requires the removal of trees that are potentially valuable habitat forflora and fauna.

28Mid-Western Regional CouncilORDINARY MEETING - 17 APRIL 20134. SUBMISSIONS MADE IN ACCORDANCE WITH ACT OR REGULATIONS(a)Public SubmissionsThe application was notified to owners of adjoining properties for a period of two weeks. 8submissions have been received from surrounding landowner objecting to thedevelopment.The concerns of the submissions are summarised and addressed below:ConcernThe proposal is prohibited in the R5 Large LotResidential zone. The zone prohibits TruckDepots, Transport Depots, Rural Industries,Industries, Vehicle Repair Stations.The proposal does not meet the objectives ofthe R5 Large Lot Residential zone.Peppercorn lane and Buckaroo Road are notsuitable for heavy vehicles: Two light vehicles cannot safely pass onthe lane. Heavy vehicles cannot be passed on thelane and are difficult to pass on the road. The lane and road are school bus routesand regularly utilised by tourists andcyclists and horse riders being a large lotresidential area. Buckaroo Road has a 3 tonne vehicle limit. Bulldozers have to be unloaded from truckson Buckaroo Road and driven to the sitebecause they cannot manoeuvre into it ordown it.The development will cause noise, vibration anddust issues that will adversely affect the quietamenity expected by adjoining residents in aLarge Lot Residential area.Planning CommentThe development can be classified as TruckDepot. It involves parking, servicing, trucks andearthmoving equipment as specifically identifiedin the definition and is not an existingundertaking on the site such that it cannot bedefined as a simple Depot. Accordingly thedevelopment is prohibited and is recommendedfor refusal.The development does not meet the objectivesof the zone as a prohibited use in the zone.Notwithstanding it would not meet the objectivesof the zone by introducing an industrial scaledevelopment and use into the site that wouldaffect the quiet and scenic residential amenity ofthe site and affect the safety of trafficmovements along Peppercorn Lane andBuckaroo Road.The limitations of the access road are noted andagreed with. Peppercorn lane and itsintersection with Buckaroo Rd are not formedappropriately for Heavy Vehicles and their safepassing by other vehicles, Buckaroo Rd doeshave a three tonne limit imposed on it to directheavy traffic accessing quarries onto other moresuitable roads, and it is inappropriate forbulldozers to be unloaded on functioning publicroads and driven to the site where they wouldcertainly effect the safe operation of the road.The development does have the potential toeffect surrounding residences in terms of noise,vibration and dust. The impacts could besubstantial as the time and frequency of trafficmovements could not reasonably be controlledif approved and the use has the potential toexpand to 32 employees.(b)Submissions from public authoritiesNo submissions were received from public authorities in relation to the development.

Mid-Western Regional CouncilORDINARY MEETING - 17 APRIL 2013 295. THE PUBLIC INTEREST(a) Federal, State and local government interests and community interestsThe development will not affect Federal interests. However, it will affect state and localgovernment interests by contravening the provisions of a local environmental plan.6. CONSULTATIONS(a) Health & Building.Raised no objections to the development subject to standard conditions being included onany consent.(b) Development EngineerAdvised that Buckaroo Rd does have a vehicle weight limit imposed on it to redirect heavytraffic to local quarries via alternative routes, and that Peppercorn Lanes current formationdoes not meet the minimum standard required specified in relevant AUSTROADSguidelines for a lowest average daily use road.Peppercorn Lane only has a 3m wide carriageway with minimal shoulders and deepdrainage lines and trees adjacent to the road in portions. The AUSTROADS guidelinesrequire a road of 1-150 average daily traffic to have a carriageway of 3.7m wide and a roadshoulder 2.5m wide such that two vehicles can safely pass each other.In relation to vehicles being unloaded on a public road this must not happen unless it is acivil works site and a traffic management plan is in place.Financial implicationsNot applicable.Strategic or policy implicationsNot applicable.ALEX NOADENVIRONMENTAL TOWN PLANNERCATHERINE VAN LAERENDIRECTOR DEVELOPMENT ANDCOMMUNITY SERVICES4 April 2013Attachments:1. Locality Plan,2. Development Plans,3. SubmissionsAPPROVED FOR SUBMISSION:WARWICK L BENNETTGENERAL MANAGER

30Mid-Western Regional CouncilORDINARY MEETING - 17 APRIL 2013ATTACHMENT 1

Mid-Western Regional CouncilORDINARY MEETING - 17 APRIL 2013 31ATTACHMENT 2

32Mid-Western Regional CouncilORDINARY MEETING - 17 APRIL 2013

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Mid-Western Regional CouncilORDINARY MEETING - 17 APRIL 2013 536.2.2 Planning proposal – BotobolarREPORT BY THE DIRECTOR DEVELOPMENT AND COMMUNITY SERVICES TO 17 APRIL2013 COUNCIL MEETINGPlanning proposal – BotobolarA0100056, P1197362RECOMMENDATIONThat:1. the report by the Director Development and Community Services on the Planningproposal – Botobolar be received;2. Council advise the applicant that the rezoning in accordance with theDepartment of Planning and Infrastructure’s letter dated 12 March 2013 isunlikely to be supported, however if they wish to pursue this course of action,the following issues will need to be addressed in a planning proposal: The area to be rezoned. The letter from the DoPI indicates a broader area forrezoning other than the subject site. Address the inconsistency with the CLUS and justification of identification ofan additional area in terms of demand and suitability above areas alreadyidentified as opportunity areas. Analysis of the impact on Class I-III land. Analysis of general land capability and specifically the impact on groundwater vulnerability and high biodiversity areas. The strategic justification and identification of the merit of this area forrezoning for rural lifestyle development as opposed to other areas within theLGA and assessment of the land against the criteria established in thecomprehensive land use strategy. Investigation on any impact on existing infrastructure.and pay the applicable fee of $7,733.3. Council advise the applicant that an alternate approach should be considered interms of preparing a planning proposal that seeks to amend Clause 4.2A of theMid-Western Regional LEP 2012 to facilitate the erection of a dwelling on theland and pay the application fee of $7,733.Executive summaryCouncil considered a report for refusal on the use of an existing building as a dwelling on the 15August 2012 and resolved to support the application and seek the concurrence of the Departmentof Planning and Infrastructure in accordance with Mid-Western Interim LEP 2008. The Departmenthas responded to the Council referral and advised that it cannot support such a large variation (inexcess of 70%) to the minimum lot size provisions. The Department went on to advise that theCouncil may wish to investigate whether the area would be suitable for rezoning. (see attachment1)The purpose of this report is to outline to Council the process for the planning proposal and toprovide background for Council’s consideration to enable a complete response to be given to theapplicant.

54Mid-Western Regional CouncilORDINARY MEETING - 17 APRIL 2013Detailed reportPREVIOUS DEVELOPMENT APPLICATIONThe applicant sought approval to legitimise a dwelling that was located on the subject land someyears ago. The dwelling was located on the site without Council approval. The land is zonedAgriculture and comprises 28 hectares. The land does not have an entitlement under thesuperseded Mid-Western Interim LEP 2008 or the Mid-Western LEP 2012.The land was the subject of an application for subdivision in 2003 under the Mudgee LEP 1998that would have provided the land with the ability to erect a dwelling. The approval was a deferredcommencement consent that required demonstration that the land was outside of the flood hazard.This was not done and was only resolved with the recent application.The approval was not satisfactorily resolved and has subsequently lapsed.A copy of the Council report dealing with the development application is attached as attachment 2.COMPREHENSIVE LAND USE STRATEGYThe Comprehensive Land Use Strategy (CLUS) identifies a number of rural lifestyle opportunityareas for potential rezoning. The opportunity areas were determined through a sieve processbased on a Council endorsed set of criteria where inclusion in one of the criteria listed belowexcluded the area from being identified as an opportunity area: National Parks, State Forests (buffer not included) and State Conservation area. Crown Land Current Coal Mining leases Slopes above 26% Class I – III agricultural lands (otherwise unconstrained Class III lands have beenseparately identified within the offset area of Mudgee and Gulgong only) The Rylstone water supply catchment area (based on current land use zoning) Remnant native vegetation Flood prone land (Mudgee and Rylstone) Within 40 metre of the major drainage features Cudgegong Valley Alluvium Groundwater Management Area (GWMA 010) Prime viticulture are between Mudgee and Gulgong Land within 300 metres of State Forests and prime viticulture region (ie intensiveagricultural zone).In addition consideration of broader concepts such as accessibility to community, education andhealth services, potential infrastructure maintenance issues and the preservation of rurallandscape character where taken into account and included as suitability constraints as detailedbelow:Land outside of a 15 kilometre radius from the existing urban area of MudgeeLand outside of a 5 kilometre radius of the existing urban area of Gulgong’ Rylstone andKandos.Land outside of a 1 kilometre radius or offset from the existing villages and rural centres.Land outside of a 1 kilometre offset of rural settlement clusters where they adjoin the offsetfrom Mudgee, Gulgong, Rylstone and Kandos.Land outside of a 1 kilometre offset from sealed local road and arterial, sub-arterial,collector and main roads within the radius /offset distances already noted above.

Mid-Western Regional CouncilORDINARY MEETING - 17 APRIL 2013 55The analysis identified numerous opportunity areas within a 15 kilometre offset area of Mudgeeand a 5 kilometre offset area of some of the villages and small rural centres. The main focus ofopportunity area was to be within close proximity to the main towns, where demand exists andwhere future occupants can be expected a reasonable level of access to services and facilities.The areas identified within the northern part of the LGA are shown as green in the attachment 3map.The subject land is not identified in the CLUS as an opportunity area. The land would have beenexcluded from the opportunity area on the bases that it is Class I-III land. In considering a numberof submissions from other owners throughout the CLUS process where the land was not includedin an opportunity area as identified within the strategy Council did not support the rezoning of theland. No submissions were received through the process in the general vicinity to rezone land toallow for rural lifestyle lots. It should be noted that all opportunity areas have been rezoned andprior to rezoning areas that are not identified all unconstrained land as identified in strategy shouldbe investigated.The subject land is currently zoned RU 1 primary production as is all the land in the immediatevicinity. Consolidation of the lots would result in a property of approximately 28 ha. The area hasbeen identified as groundwater vulnerable and there are considerable areas of high biodiversitysensitive areas in the vicinity.Whilst there are some houses in the broader area, there are a large number of lots that still do notcontain a dwelling and are held as part of a larger parcel. This is shown in attachment 4. To beconsistent with the Mid-Western LEP 2012 to enable rural lifestyle development the land wouldneed to be rezoned to R5 Large Lot Residential with a 12 hectare minimum lot size.PLANNING PROPOSAL PROCESSTo rezone the subject land and land in the vicinity would be inconsistent with the CLUS andtherefore attract a fee of $7, 733. A planning proposal should be prepared by the applicant thataddresses: The area to be rezoned. The letter from the DoPI indicates a broader area for rezoningother than the subject site. Address the inconsistency with the CLUS and justification of identification of an additionalarea in terms of demand and suitability above areas already identified as opportunity areas. Analysis of the impact on Class I-III land.

56Mid-Western Regional CouncilORDINARY MEETING - 17 APRIL 2013Analysis of general land capability and specifically the impact on ground water vulnerabilityand high biodiversity areas.The strategic justification and identification of the merit of this area for rezoning for rurallifestyle development as opposed to other areas within the LGA and assessment of theland against the criteria established in the comprehensive land use strategy.Investigation on any impact on existing infrastructure.It is considered that adequate opportunities have been identified in the CLUS to meet foreseeabledemand. As this rezoning is entirely generated by the owner of land it is considered that the onusof cost of application fee and the preparation of the planning proposal should rest with theapplicant as the community will receive no benefit from the rezoning should it proceed. Thisapproach is consistently applied to other owners.An alternate approach would be to consider opening up the provisions for the erection of a dwellingunder Clause 4.2A of the MLEP 2012. This clause outlines exceptions to the rule where dwellingsare permitted on land even though they do not achieve the minimum allotment size of 100 hectares(in the case of the RU1 Primary production Zone). This approach has not been considered orendorsed by the Department of Planning and Infrastructure and would still require the preparationof a planning proposal and the payment of the prescribed fee to Council.The planning proposal would need to indicate a proposed clause to be inserted into the MLEP2012 and the likely implications of such a clause. This would include but not be limited to any likelyincrease in supply of dwellings in the rural areas and the potential implications.Should Council elect to undertake the planning proposal it would be necessary for the project to bedelayed until next calendar year or for Council to re-prioritise existing commitments in the StrategicPlanning Program. An updated version of the Strategic Planning Program is attached for Council’sconsideration.Financial implicationsThe applicable fee for consideration of planning proposals that are inconsistent with the CLUS is$7,733.00.Should Council wish to consider waiving or reducing this fee, a budget allocation from GeneralPurpose Revenue would be required. This particular situation is not consistent with the objective ofCouncil's Financial Assistance Policy which is to provide financial assistance to organisations,groups and individuals which offer a significant contribution to the social, economic and/orenvironmental wellbeing of the Community.Strategic or policy implicationsA planning proposal to rezone land in the vicinity of the subject site to allow rural lifestyledevelopment is inconsistent with the CLUS. The CLUS was adopted after extensive considerationby Council and consultation with the community and forms the basis of zoning land in the LEP.Whilst Council has and will consider rezoning land that is inconsistent with the CLUS from time totime, this should be applied to instances where circumstance have changed or there are furthermatters for consideration outside of those originally contemplated by the strategy rather thanrezoning land to simply to facilitate one dwelling entitlement.Rezoning of land for rural lifestyle should be considered within the context of the criteriaestablished by the CLUS and justification should be provided as to why this land is unique andtherefore should be rezoned above other land within the region that is similarly constrained. Torezone the land outside of this strategic context creates an undesirable precedent and will

Mid-Western Regional CouncilORDINARY MEETING - 17 APRIL 2013 57undermine the intent of the CLUS. It is important to note that Council refused similar requests inthe CLUS process where they were inconsistent with the CLUS.CATHERINE VAN LAERENDIRECTOR DEVELOPMENT & COMMUNITY SERVICES4 April 2013Attachments: 1. Letter from the Department of Planning and Infrastructure dated15 March 2012.2. Copy of Council Report regarding the Development Application dated15 August 2012 and corresponding minute.3. Extract from CLUS – Opportunity Area Northern part of the LGA.4. Map - Surrounding Dwellings5. Strategic Planning ProgramAPPROVED FOR SUBMISSION:WARWICK L BENNETTGENERAL MANAGER


Mid-Western Regional CouncilORDINARY MEETING - 17 APRIL 2013 59ATTACHMENT 2DA 0044/2013 Proposed Use of Existing Building as a Dwelling, lot 28 and 29 DP755414, 285 Botobolar Road, BotobolarREPORT BY MANAGER STATUTORY PLANNING TO 15 AUGUST 2012 COUNCIL MEETINGDA0044_2013 Use of Existing Building as Dwelling_285 botobolar Road BotobolarA0100055, P1197362RECOMMENDATIONThat:A. the report by Manager Statutory Planning on DA 0044/2013 for the proposed useof an existing building as a dwelling, 285 Botobolar Road Mudgee be received;B. Development Application No. 0044/2013 for the proposed use of an existingbuilding as a dwelling, lots 28 and 29 DP 755414, 285 Botobolar Road, Botobolarbe refused for the following reasons;1. The proposal does not comply with Clause 48 of the Mid-Western RegionalInterim Local Environmental Plan 2008 as it does not incorporate an area inexcess of 100 hectares;2. The proposal does not comply with Clause 49(2) of the Mid-Western RegionalInterim Local Environmental Plan 2008 as it does not incorporate an area inexcess of 100 hectares or is an allotment approved under a Council subdivision;3. A variation pursuant to Clause 21 of the Mid-Western Regional Interim LocalEnvironmental Plan 2008 is not supported because the proposed lot size is asignificant variation and would undermine the current and future controls inCouncil’s Local Environmental Plan and draft Local Environmental Plan 2012;4. The proposal is also considered to be inconsistent with the objective of theAgriculture zone that seeks to protect and maintain land for agricultural and ruralpurposes because it seeks to establish a dwelling on land that is less than theminimum allotment size;5. The proposed development is also considered to be inconsistent with theobjective of the Agriculture zone that seeks to avoid land fragmentation,conflicts between land uses and unnecessary dwellings because it seeks toestablish a dwelling on land that is less than the minimum allotment size;6. The proposal does not comply with the Lot size Map in accordance with the draftLocal Environmental Plan 2012 that stipulate a minimum allotment size of 100hectares;7. The proposal does not comply with Clause 4.2A of the draft Mid-WesternRegional Local Environmental Plan 2012 as it does not meet any of the criteriathat would allow a dwelling to be located on the land;

60Mid-Western Regional CouncilORDINARY MEETING - 17 APRIL 20138. The proposal has not demonstrated compliance with the Managing Flood RiskDevelopment Control Plan (Flood DCP) in that the finished floor level would be500mm above the 1 in 100 year flood event;9. It is not considered to be in the public interest to vary a development standard insuch a significant manner as it undermines the objectives of the LocalEnvironmental Plan and the reasons for having such standards.Executive summaryCouncil has received a development application for the purpose of confirming the ability to use abuilding relocated to the site as a dwelling. The dwelling was relocated to the site without Councilapproval. The application is below the minimum development standard specified in the Mid-Western Regional Interim Local Environmental Plan (LEP) 2008. The standard required for theerection of a dwelling is 100 hectares or an allotment approved under a Council subdivision. Theland area for the application is 28 hectares and is not a Council approved subdivision.Council is able by virtue of Clause 21 of the Mid-Western Regional Interim (LEP) to approve avariation where it can be shown that the standard is unreasonable or unnecessary. The applicanthas argued that the land would be used for an intensive agricultural pursuit and that the minimumallotment size is 20 hectares for subdivision in the Intensive Agriculture zone. The applicant hasalso argued that the adjacent land parcels are of a similar size in that they are small to mediumsized rural properties and that the proposed development would be compatible with the locality.It is considered that the applicant has not demonstrated that the standard is unreasonable orunnecessary. The proposed intensive agricultural pursuit (olive grove) has not been planted at thetime of the inspection of the site and the variation is so substantial that it would be detrimental tothe development standards contained in the current and future Local Environmental Plan as the100 hectare standard is proposed to be retained in the draft Mid-Western Regional LEP 2012.The Recommendation to Council is therefore to refuse the application. Should Council wish toapprove the development application, draft conditions of consent have been attached to the reportfor its consideration.It should also be noted that the application would require the concurrence of the NSW Departmentof Planning.Detailed ReportThe applicant seeks approval to legitimise a dwelling that was located on the subject land someyears ago. The dwelling was located on the site without Council approval. The land is zonedAgriculture and comprises 28 hectares. The land does not have an entitlement under the currentLEP or draft LEP 2012.The land was the subject of an application for subdivision under the Mudgee LEP 1998 that wouldhave provided the land with the ability to erect a dwelling. The approval was a deferredcommencement consent that required demonstration that the land was outside of the flood hazard.This was not done and remains an issue for the current application.The approval was not satisfactorily resolved and has subsequently lapsed.The current application seeks to legitimise the use of the existing structure onsite as a dwelling andto establish an olive grove on site containing 300 trees. The trees are four years old and havealready produced fruit. It is expected that with the next 10 years that the grove would be producing

Mid-Western Regional CouncilORDINARY MEETING - 17 APRIL 2013 61a return of $34,000.00. Water for the olive grove would be obtained from the harvesting potential ofthe land and stored within a 1.7 mega litre dam. The average rainfall for the Mudgee region is 665mm and the grove would require 900 mm for the first five years of life. The dam would cater for theshortfall.ASSESSMENTThe application has been assessed in accordance with Section 79C(1) of the EnvironmentalPlanning & Assessment Act 1979. The main issues are addressed below as follows.1. REQUIREMENTS OF REGULATIONS AND POLICIES:Provisions of any Environmental Planning Instrument and any draft EPIThe land is zoned Agriculture pursuant to the Mid-Western Regional Interim Local EnvironmentalPlan 2008.Objectives of the Agriculture Zone• To protect and maintain land for agriculture and other rural purposes.• To avoid the fragmentation of agricultural land and conflict between land uses, and to restrictunnecessary dwellings and incompatible development.• To provide for other rural land uses, such as mining, extractive industries, forestry and energygeneration.• To provide for the protection, enhancement and conservation of areas of significance for natureconservation, of habitat of threatened species, populations and ecological communities and of otherareas of native vegetation.• To maintain the scenic amenity and landscape quality of the area.• To promote the sustainable management, use and development of certain land for agriculture, miningand other primary industries.• To promote the conservation of productive agricultural land for agricultural purposes, particularlycropping and grazing.• To preserve the area’s open rural landscapes and environmental and cultural heritage values by themaintenance of large holdings accommodating both intensive and extensive forms of agriculture.• To avoid development that would conflict with or unreasonably impact upon the efficient use of land forrural or other primary industries, such as small lot rural residential subdivision and hobby farms.• To protect the residential and visual amenity of existing and future residents of rural areas by applyingappropriate building siting and design controls.• To ensure that development does not significantly detract from the existing rural character or createunreasonable or uneconomic demands for provision or extension of public amenities and services.• To permit some non-agricultural land uses and agricultural support facilities, such as rural industriesand tourist facilities, which are in keeping with the other zone objectives and which will not adverselyaffect agricultural capability or capability of the land the subject of the development (or adjoining land).• To encourage high quality advertising signs in association with approved uses that provide businessidentification, that are appropriately integrated into the site development, and that contribute positivelyto the visual amenity of the surrounding area.The proposed development is considered to be contrary to the objectives of the zone as it seeks topermit a dwelling on land that is below the minimum allotment size set by the LEP. The 100hectare standard is the standard set by Council to maintain land for rural and agricultural purposesand to avoid land use conflicts between farming enterprises and unsuitable rural residentialdevelopment.48 Dwellings—minimum lot sizes(1) Subject to this Plan, consent must not be granted to development for the purposes of adwelling on land within the Agriculture, Intensive Agriculture, Rural Small Holdings or Investigation

62Mid-Western Regional CouncilORDINARY MEETING - 17 APRIL 2013Zone unless the consent authority is satisfied that the land is, or will be consolidated into, a singleallotment that has an area not less than the minimum size shown on the Lot Size Table to clause19 in relation to that zone.Agriculture Zone100haConsolidation of the two subject allotments will have a total area of 28 hectares, this is below theminimum lot sizes required by the 2008 LEP for the purpose of a dwelling.49 Dwellings in Agriculture, Intensive Agriculture, Rural Small Holdings, Investigation andConservation ZonesConsolidation of the two subject allotments for each application will have a total area less than 100hectares. This is below the minimum lot sizes required by the 2008 LEP for the purpose of adwelling. The land is also not the subject of an approved Council subdivision and therefore doesnot comply with Clause 49(2).21 Exceptions to Development StandardsCouncil has the ability to vary development standards prescribed by the LEP but in doing so, mustconsider the following tests;(3) Consent must not be granted for development that contravenes a development standard unless theconsent authority has considered a written request from the applicant that seeks to justify thecontravention of the development standard by demonstrating:(a) that compliance with the development standard is unreasonable or unnecessary in the circumstancesof the case, and(b) that there are sufficient environmental planning grounds to justify contravening the developmentstandard.The applicant is seeking a variation because a dwelling was relocated to the land without approvaland because the land was benefitted by an approval that would have allowed the erection of adwelling. The approval was not commenced satisfactorily and the landowner is now trying to regainthis approval.The Mudgee LEP 1998 allowed the subdivision of General Rural zoned land for intensiveagricultural purposes. Since the gazettal of the Interim LEP 2008 and with the preparation of thedraft LEP 2012, the ability to subdivide land within the Agriculture/ Primary Production zone forintensive agriculture with a minimum of 20 hectares has not been allowed. Therefore the zoning ofthe land has remained relatively the same, despite name changes, it is the ability to subdivide thathas altered.Variations to development standards – Planning CircularNotification of assumed concurrence of the Director-General under clause 4.6(4) (and the formerclause 24(4)) of the Standard Instrument(1) Under clause 64 of the Environmental Planning and Assessment Regulation 2000, Council isnotified that it may assume the Director-General’s concurrence for exceptions todevelopment standards, subject to paragraphs (2) and (3), in respect of all applications madeunder:(a) clause 4.6 (or the former clause 24, or any future amended version of this clause) of theStandard Instrument (Local Environmental Plans) Order 2006, or (b) any other clause that isbased on a substantially similar format and has a substantially similar effect to the clause

Mid-Western Regional CouncilORDINARY MEETING - 17 APRIL 2013 63described in (1)(a), where such a clause is adopted in an environmental planning instrumentto provide for exceptions to development standards.(2) Council may assume the Director-General’s concurrence in respect of an application to varya development standard relating to the minimum lot size for the erection of a dwelling on landzoned RU1, RU2, RU3, RU4, RU6, R5, E2, E3 or E4 (or equivalent zone) only if:(a) only one allotment does not comply with the minimum area, and(b) that allotment has an area equal to or greater than 90% of the minimum area specified inthe development standard.(3) This notification may be varied or revoked by further written notice provided by the Director-General.Consolidation of the two subject allotments for the application will have a total area of 30 hectares,this is not within the 10% variation and therefore Council would not be able to assume concurrenceand would be required to refer the application to the Department of Planning for their concurrence.It is not proposed to support the variation as the land is considered to be significantly less than therequired standard and it has not been adequately demonstrated that the standard is unreasonableor unnecessary.Draft Mid-Western Regional Interim Local Environmental Plan 2011The Draft Mid-Western Local Environmental Plan 2011 (draft LEP) has been on public exhibition.In accordance with the provisions of S79C (1)(a)(ii) this draft instrument is to be considered in theassessment of any development application to which S79C applies.The proposed development would not comply with Clause 4.2A as the land is not recognised ashaving the ability to erect a dwelling. The proposed zoning of the land is RU1 Primary Production.(b) Provisions of any Development Control Plan or Council PolicyCouncil’s Residential Development Control Plan would apply to the development and it isconsidered that the proposed location of the dwelling is generally compliant with Council’sstandards.The land is not within the Bushfire prone area.(c) Section 94 & 64 ContributionsThere are no contributions applicable to this development.2. IMPACT OF DEVELOPMENTThe proposed development site is considered to be satisfactorily setback from adjoining propertiesas the existing structure is located in excess of 100 metres from all boundaries except the northern/ creek boundary. The structure is located approximately 70 metres from the creek.The property is located North East of Mudgee and South East of Gulgong in the locality ofBotobolar. The allotments have the ability to gain legal access off Botobolar Road.The applicant has indicated that power supply and telecommunications are located within theproperty.The land is predominantly level grazing land with scattered shade trees.

64Mid-Western Regional CouncilORDINARY MEETING - 17 APRIL 20133. SUITABILITY OF SITE FOR DEVELOPMENTThe surrounding agriculture land is predominantly grazing land with ancillary dwellings, with anumber of small to medium rural properties within close proximity. The proposal for a dwellingwould not appear out of character.The land is adjacent to the Stony Creek and Council has no data in regard to flood hazard. It wouldbe necessary to demonstrate that the development site is located in flood free area. The applicanthas provided that the land was not inundated during the 2003 flood but has not been able todemonstrate where the water went in the 1955 flood.Council and other consent authorities use the 1955 flood as evidence of the 1 in 100 year floodextent where flood studies are not available. The applicant has demonstrated that there was lesswater during the 2003 flood when compared to the 1955 flood but that the majority of water fell inthree days unlike the 1955 flood. It is considered that the likelihood of flooding is remote but thiswould need to be substantiated. The 2003 flood was considered a 1 in 80 year flood whereas the1955 flood was a 1 in 100 year flood. The 1 in 100 year flood is the planning standard for floodassessment.Council has historically relied on Statutory Declarations in the absence of a flood study fromlandowners or families who lived in the area during the 1955 flood to determine the flood extent.4. SUBMISSIONS MADE IN ACCORDANCE WITH ACT OR REGULATIONSThe application did not require notification under the DCP and therefore no public submissionswere received.5. THE PUBLIC INTERESTIt is considered that it is not in the public interest to allow the variation to the development standarddue to the significant variation required and the potential for the development to compromise thedevelopment standards and objectives of the current and future LEP.OPTIONS1. The application be determined by way of consent and referred to the Department ofPlanning and Infrastructure; or3. The application be referred back to the applicant to address such matters as determined byCouncil.Financial implicationsNot applicable.Strategic or policy implicationsIt is likely that to vary the standard for no other reason than it is the wish of the applicant could seta dangerous precedent and would undermine future strategic or policy directions.GARY BRUCEMANAGER STATUTORY PLANNING2 August 2012CATHERINE VAN LAERENGROUP MANAGER DEVELOPMENT &COMMUNITY SERVICES

Mid-Western Regional CouncilORDINARY MEETING - 17 APRIL 2013 65Attachments: 1. Locality Plan2. Site Plan3. Alternate RecommendationPlease note that the applicant is known to the General Manager and therefore his signature doesnot appear on this report.



68Mid-Western Regional CouncilORDINARY MEETING - 17 APRIL 2013ATTACHMENT 3ALTERNATE RECOMMENDATION – DA 0044/2013 – 285 BOTOBOLAR ROAD, BOTOBOLARA. Development Application No. 0044/2013 for the proposed use of an existing buildingas a dwelling, lots 28 and 29 DP 755414, 285 Botobolar Road, Botobolar be approvedsubject to the attached conditions:APPROVED DEVELOPMENT1. Development is to be carried out in accordance with the application received byCouncil on 27 July 2012, except as varied by the conditions listed herein. Anyminor modification to the approved development will require the lodgement andconsideration by Council of an amended application. Major modifications willrequire the lodgement of a new development application.Note: This consent relates to the use of an existing structure as a dwelling on theland; the physical erection of the dwelling house is not approved by this consentand must be the subject of a Building Certificate.GENERAL2. The construction of an all-weather vehicle access to the development, inaccordance with the following minimum guidelines:a gate or stock grid (if applicable) set back a minimum distance of fifteen(15) metres from edge of the traffic lane of the public road;a minimum 4.0 metre wide compacted gravel driveway, extending from theedge of pavement on the public road to the entrance gate or stock grid;a minimum 150mm thick, 4.0 metre wide concrete dish drain or 375mmdiameter reinforced concrete pipe culvert with headwalls, located outsidethe clear zone, having the table drain directed through it.the access shall be located such that adequate sight distances areachieved, as specified in the Austroads publication ‘Intersections at Grade’.Note: Council approval is required prior to the commencement of work within apublic road reserve.3. An application for a Building Certificate is to be obtained for the existingstructure on the site.4. A Construction Certificate is to be obtained for any proposed new works to bethe structure in accordance with Section 81A(2)(a) of the Act.a) A Principal Certifying Authority is to be appointed and Council is to benotified of the appointment in accordance with Section 81A(2)(b) of the Act.b) Council is to given at least 2 days notice of the date intended forcommencement of building works, in accordance with Section 81A(2)(c) ofthe Act.

Mid-Western Regional CouncilORDINARY MEETING - 17 APRIL 2013 69B. That upon determining the application, Council seeks the NSW Department ofPlanning and Infrastructure Director-General's concurrence in accordance with Clause21 of the Mid-Western Regional Interim LEP 2008.6.2.2 DA 0044/2013 PROPOSED USE OF EXISTING BUILDING AS A DWELLING, LOT28 AND 29 DP 755414, 285 BOTOBOLAR ROAD, BOTOBOLARA0100055, P1197362343/12 MOTION: Walker/LangA. Development Application No. 0044/2013 for the proposed use ofan existing building as a dwelling, lots 28 and 29 DP 755414, 285Botobolar Road, Botobolar be approved subject to the attachedconditions:APPROVED DEVELOPMENT5. Development is to be carried out in accordance with theapplication received by Council on 27 July 2012, except asvaried by the conditions listed herein. Any minormodification to the approved development will require thelodgement and consideration by Council of an amendedapplication. Major modifications will require the lodgement ofa new development application.Note: This consent relates to the use of an existing structureas a dwelling on the land; the physical erection of thedwelling house is not approved by this consent and must bethe subject of a Building Certificate.GENERAL6. The construction of an all-weather vehicle access to thedevelopment, in accordance with the following minimumguidelines:a gate or stock grid (if applicable) set back a minimumdistance of fifteen (15) metres from edge of the trafficlane of the public road;a minimum 4.0 metre wide compacted gravel driveway,extending from the edge of pavement on the public roadto the entrance gate or stock grid;a minimum 150mm thick, 4.0 metre wide concrete dishdrain or 375mm diameter reinforced concrete pipeculvert with headwalls, located outside the clear zone,having the table drain directed through it.the access shall be located such that adequate sightdistances are achieved, as specified in the Austroadspublication ‘Intersections at Grade’.Note: Council approval is required prior to thecommencement of work within a public road reserve.7. An application for a Building Certificate is to be obtained forthe existing structure on the site.

70Mid-Western Regional CouncilORDINARY MEETING - 17 APRIL 20138. A Construction Certificate is to be obtained for any proposednew works to be the structure in accordance with Section81A(2)(a) of the Act.c) A Principal Certifying Authority is to be appointed andCouncil is to be notified of the appointment inaccordance with Section 81A(2)(b) of the Act.d) Council is to given at least 2 days notice of the dateintended for commencement of building works, inaccordance with Section 81A(2)(c) of the Act.B. That upon determining the application, Council seeks the NSWDepartment of Planning and Infrastructure Director-General'sconcurrence in accordance with Clause 21 of the Mid-WesternRegional Interim LEP 2008.The motion was put and carried with Councillors voting as follows:Councillors Ayes NayesCr HoldenCr KennedyCr LangCr MartensCr ShelleyCr ThompsonCr WalkerCr WeatherleyCr Webb



Mid-Western Regional CouncilORDINARY MEETING - 17 APRIL 2013 73ATTACHMENT 5Project NameStrategic Plansand StrategiesComprehensiveDevelopmentControl PlanRecreationStrategySensitivitymapping –Aboriginal CultureAffordable HousingStrategy.Review of TownStructure PlansSection 94 PlanThe DCP has completed exhibition andwill be reported to Council for adoptionin February.The purpose of the RecreationStrategy is to review the currentprovision of open space and recreationfacilities within the LGA examining theadequacy of provision andinvestigating opportunities forrationalisation of land holdings,The adoption of the RecreationStrategy may lead to the Councilrationalising existing open space whichwill lead to amendment of the LEPthrough planning proposals. Thispotential planning proposal has beeninserted in the program under theplanning proposal section. As this willinvolve the reclassification of land andit is expected that public submissionswill be received, it will be necessary tohold a public hearing as part of theplanning proposal process.This project is grant funded. Thepurpose of the project is to identify andmap cultural sensitive landscapes toassist development assessment.The purpose of this strategy is toinvestigate options for the provision ofAffordable Housing and to develop aCouncil Policy.An initial workshop was held withCouncil on 4 th October 2012 . As aconsequence of the ServiceAssessment Report commissioned bythe Department of Planning it isconsidered that the long term planningoptions for the development of Mudgeeshould be reviewed.Council Section 94 Plan is out of date.A large number of the projects in theTime Line Completed Draft Strategy to bepresented to Council May2013. Exhibition June/July2013. Report to Council August2013.Report to Council in May2013 with completedmapping. Discussion Paper andexhibition completed. Report Strategy andDraft Policy to CouncilMay 2013. Exhibition of Policy April2013. Report to Council foradoption July 2013TBATBA

74Mid-Western Regional CouncilORDINARY MEETING - 17 APRIL 2013PlanningReviewUrbanStrategySystemReleaseschedule of works are completed or theworks identified are no longerappropriate. Staff have delayed theproject on several occasions inanticipation of the release of newguidelines and requirements from theDoPI. At this stage it is proposed toplace the Plan into the program for thiscalendar year but there is anexpectation that there will beconsiderable changes to Section 94 aspart of the review of the EP and A Act.Once the implications of theamendments to Act are know a set oftarget dates will be established.Council has already endorsed asubmission on the Green Paper .The release of the White paper isimminent and it is recommended thatCouncil consider making a furthersubmission regarding the amendmentto the planning system. The timing ofthis project is driven by the DoPI but itis considered likely that submissionswill be due by the end of May.The development of an Urban ReleaseStrategy was an outcome of theComprehensive Land Use Strategy(CLUS) and a commitment given byCouncil to the DoPI in endorsing theCLUS.TBASubmission of grantapplication completed.Implementation ofthe Landmonitoring systemFlood Study –Kandos RylstonePlanningProposals (PP)73 A Amendment–There is an opportunity for Council tosubmit a grant application that couldassist in the cost of the preparation ofthe strategy.This is included in the discussion paperfor Affordable Housing. There arebenefits beyond the affordable housingimplication for Council to implement amonitoring system including the abilityto provide up to date information todevelopers and the promotion ofsufficient land supply.Variation to scope are currently beingnegotiated..This is the mapping amendmentsrequired as a result of changes that theDoPI made to the Draft LEP postexhibition without first seeking editingby Council.At the DoPI awaiting publication.Commence 30 June 2013Report to Council uponfinalisation of study.Completed

Mid-Western Regional CouncilORDINARY MEETING - 17 APRIL 2013 75BlackRoadSpringsAn amendment to the Lot Size Map tofacilitate the subdivision of an existing30ha lot into two consistent withsurrounding development.Council role completedAt the DoPI for publication- delay withmapping. Submitted to the DoPI04/01/13Blaxland- Caerleon Rezoning of the Caerleon Residentialprecinct.CompletedSaleyardCaerleonLane-At the DoPI for publication –delay withmapping.Rezoning of the former saleyards andadjoining land west to the railwaycorridor to facilitate residentialdevelopment.Council role completedGrimshaw LaneAt the DoPI for publication- delay withmapping. Submitted to DoPI 07/01/13Rezoning of land south of Gulgong toincrease the development densitiesfrom 4000m2 and 10ha minimum togeneral residential (approx. 400 lots)Council role completedcurrently with the DoPIBellevue RoadRezoning of land on the southern sideof Bellevue Road to increase thedevelopment densities from 4000m2 togeneral residential (approx 30 lots) Awaiting response fromRFS Exhibition May 2013 Report to Council July2013. Submission to DoPIAugust 2013.Motel – SydneyRoadGeneralAmendmentEnabling clause in the LEP to permitthe use of the site for the purpose of amotel.Submitted to the DoPI for gateway 15January 2013.The purpose of this planning proposalis to make corrections to the LEP andfix any anomalies. This PP will include: R5 Land at Grattai Mitre 10 – Business Environmental Sensitive Land –Water Map Rylstone Lot Size Farm Adjustment Clause Anomalies in the heritageschedule Clause 4.2 a – dwelling on ruralland Council reportconsidered on 20 March2013. Further negotiation to beundertaken with DoPI Report to Councilcompleted. Submission to DoPI forgateway May 2013. Response from DoPIJuly 2013. Exhibition August 2013. Report to CouncilOctober 2013. Submission to the DoPIfor publicationNovember 2013.

76 2 ha minimum lot size at theairport. Reclassify drainage reserves Permissibility of camping in RE1There are some contentious issue inthe amending LEP so additional timehas been allowed in the time table fornegotiations with the DoPI.Maderia Road Min No. 74/10 Ordinary Meeting 21April 2010.This planning proposal is rezone asection of land fronting Maderia Roadat Flirtation Hill to residential.Mid-Western Regional CouncilORDINARY MEETING - 17 APRIL 2013 Report to Council June2013 – submission toDoPI for gateway Gateway determinationfrom the DoPI reexhibition requirements.– July 2013. Exhibition August 2013 Report to CouncilSeptember 2013. Submission to DoPINovember 2013.220 Ulan RoadMudgeeHenry Bayly DriveRationalisationOpen SpaceofDevelopmentApplicationsFormer saleyardsSaleyard LaneCampingMudgeeatPlanning Proposal to reduce theminimum lot size from 4 000m2 to 2000m2Pre-lodgement discussions have beenundertaken with staff for the rezoningof land on the western side of HenryBayly Drive to increase thedevelopment densities from 4000m2 togeneral residentialSubmission imminent.As a consequence of the RecreationStrategy it is envisaged that there willbe an opportunity to rationalise someexisting open space within LGA. Thisplanning proposal will require a publichearing should there be any publicsubmissions.Preparation of a DevelopmentApplication for residential developmenton the former saleyards site.Resolution 304/12 Report to Council May2013. Submission to the DoPIJune 2013 for Gatewaydetermination. TBA TBA TBA Awaiting publication ofrezoning. Preparation of the DAAugust 2013 Submission September2013. To Council October2013. Completed

Mid-Western Regional CouncilORDINARY MEETING - 17 APRIL 2013 77ShowgroundMotor – X Resolution Corporate ServicesCommittee 5 May 2010 DA currently on stopclock pending discussionwith president of the clubre access. DA to be reported toCouncil JUne 2013.MountainFacility-CommonBikeMudgeePreparation of a DevelopmentApplication for a Mountain Bike Facilityat Avisford Reserve Development Applicationto be submitted May2013. DA to be reported toCouncil July 2013.State SignificantDevelopmentCobbora CoalProjectMount Penny CoalProjectWilpinjong Coal –expansionLue Silver Mine –Bowden KingsgateCrudineWind FarmRidgeLiverpool RangesWind FarmUungalaFarmWindAdditional information of potentialwater impacts still outstanding from theproponent. A further submission will bemade upon the review of thisoutstanding information by Council’sconsultant.Council made a adequacy reviewsubmission to the DoPI in September2012.Preliminary discussions have occurredregarding potential expansion andmodification applications.Draft DGRs will be circulated to theCouncillors for consideration. Presentation to PACundertaken on 11December 2012 -Completed Meeting with the PAC on16 January 2013-CompletedTBATBA Draft DGRs to besubmitted to DoPI by the31 January 2013.-Completed Planning Focus Meetingto be held in February2013 – date yet to beconfirmed. – Completed Adequacy Review of EA -TBA Community visioningexercise April/May EnvironmentalAssessment on exhibitionfrom 12 December 2012to 19 March 2013. Draft submission to bereported to Council 6March 2013.- Completed Adequacy review due 31January 2013. -Completed Planning Focus MeetingMarch 2011 Response to Draft DGRs

78Bylong EastDuplication – RailThe Proposal comprises theconstruction of a new single line trackand formation onthe upside of the existing main linefrom the existing passing loop atBylong, and will involve thereconfiguration of the Ulan line,providing approximately 5.3km ofadditional track to reduce section runtimes between Murrumbo PassingLoop and Bylong Passing Loop.Mid-Western Regional CouncilORDINARY MEETING - 17 APRIL 2013submitted to DoPI 31March 2011. - Completed Submission on DGRsdue 21 January 2013. -Completed

Mid-Western Regional CouncilORDINARY MEETING - 17 APRIL 2013 796.2.3 Draft State Environmental Planning Policy (Mining, PetroleumProduction and Extractive Industries) Amendment (Coal SeamGas)REPORT BY THE DIRECTOR DEVELOPMENT AND COMMUNITY SERVICES TO 17 APRIL2013 COUNCIL MEETINGREPORT Council 2013A0100056, A0040006RECOMMENDATIONThat:1. the report by the Director Development and Community Services on the Draft StateEnvironmental Planning Policy (Mining, Petroleum Production and ExtractiveIndustries) Amendment (Coal Seam Gas) be received; and2. Council make a submission as outlined in the attachment to this report.Executive summaryCouncil received notification of the exhibition of the Draft State Environmental Plan Policy (SEPP)Mining Petroleum Production and Extractive Industries Amendment (Coal Seam Gas) on the 22March 2013 with the closing date for submissions being the 12 April 2013. Council has requestedan extension until the 20 April 2013 to allow a report to be presented to Council. The purpose ofthis report is to present a draft submission to Council for consideration.Detailed reportProposed AmendmentsOn 19 February 2013, the NSW Government announced several significant initiatives around theregulation of coal seam gas (CSG) activities in addition to the measures already announced aspart of the Strategic Regional Land Use Policy.These new initiatives include the prohibition of new coal seam gas exploration and productionactivity in the following areas: on or under land in and within 2km of a residential zone or future identified residential growtharea; and on or under land in a Critical Industry Cluster (CIC). Currently, two CICs have been identified –the Upper Hunter equine and viticulture CICs.The area around Bylong has been included in the Critical Industry Cluster as shown in attachment1. The village of Bylong is protected under the Critical Cluster provision.The Department of Planning and Infrastructure is seeking feedback on a draft amendment to theState Environmental Planning Policy (Mining, Petroleum and Extractive Industries) (the MiningSEPP) to implement these prohibitions.Under the draft amendment, the prohibitions will apply to the following zones (or their equivalent):R1 General Residential

80Mid-Western Regional CouncilORDINARY MEETING - 17 APRIL 2013R2 Low Density ResidentialR3 Medium Density ResidentialR4 High Density ResidentialRU5 VillageThe prohibition is also proposed to apply to areas zoned R5 Large Lot Residential that meetdefined village criteria. To achieve this, councils are being invited – as part of their submission onthe draft amendment – to nominate particular areas zoned R5 within their LGAs for listing in theMining SEPP as an area to which the prohibitions apply. This could include an entire or part areazoned R5. Only that part of areas zoned R5 that meet these criteria will be listed in the SEPP as anexclusion zone.Nominations for areas zoned R5 to be listed in the SEPP as an exclusion zone must address thecriteria and information requirements outlined below:Criteria: Comment: Information to beconsidered in evaluation:The area must contain amix of land usesA mix of land uses (such as retail,business, industrial, educational orrecreation) that service the local ruralcommunity is a key point ofdifferentiation between a village and arural residential subdivision.Description of current landuses in the area and anyinformation on projectedchanges to these land uses.The zone must apply to asettlement that is longestablished and that hassome historic associationwithin the district, regionand/or rural hinterlandVillages are generally longestablished population centres thathistorically served a particulareconomic function in a district orregional context. This is a key point ofdifferentiation to rural residentialsubdivisions that are typically morerecently established and, by thenature of their predominantlyresidential land use, do not provide aregional economic function.Information on when thesettlement was establishedand its historic associationwith the surrounding region.The area must contain a Villages are characterised by a rangemix of lot sizes, including of residential lot sizes, includingan average lot size up to smaller lots than would typically4,000 m 2 comprise a rural residentialsubdivision.Information on range ofresidential lot sizes, includingnumber and proportion of lotsup to 4,000 m 2 in area.It is required that nominations clearly describe and map (including GIS data) the subject areas.Nominated areas will be evaluated by the department, with recommendations made to the Ministerfor Planning and Infrastructure as part of the making of the Mining SEPP amendment. Thedepartment is currently consulting with Local Government NSW about involving local councils inthe evaluation process.The draft SEPP amendment also includes provision for councils to nominate areas where theywish to opt out of exclusion zones, following community consultation, to enable CSG developmentto occur, subject to relevant approvals. These areas will be identified in a Schedule to the SEPP.

Mid-Western Regional CouncilORDINARY MEETING - 17 APRIL 2013 81Council’s SubmissionIt should be noted that the proposed amendments only relate to new coal seam gas explorationand production activity. Having regard to the nature of the coal reserves in the Mid-WesternRegion it is unlikely that coal seam gas projects will be established in the region, however the fullnature and extent of coal reserves is yet to be investigated and it is considered prudent thatCouncil make a submission to cover all eventualities. It is noted that the following towns andvillages fall within the definition of a “residential zone” in accordance with the SEPP and therefore itis not required for them to be nominated to be included in Schedule of the SEPP, namely:MudgeeGulgongRylstoneKandosGoolmaBirriwaHargravesPyramulWindeyerUlanWollarIlfordLueCharbonClandullaAs a consequence of the exhibition, should the status of these towns and villages be effectedCouncil would request that they remain in the exclusion area.Mid-Western Council requests an amendment to the criteria for those areas zoned R5 Large LotResidential to enable the inclusion of the Cooks Gap / Yarrawonga area. Cooks Gap is the largestresidential population in the Mid-Western Region outside of the towns of Mudgee, Gulgong,Kandos and Rylstone. Although it does not have what could be considered a village centre it acontiguous area of R5 land with a rural fire shed and brigade. The Rural Lands study undertakenin 2003 estimated that in 2001 the population was 812 with 303 houses. Approximately 75% of thelots were estimated to be between 8 and 18 hectares. In the formulation of the StandardInstrument LEP the DoPI stipulated that the area had to be included in the residential suite ofzones as R5 large lot residential. It is considered that the criteria should recognise that there aresome R5 areas that are extensively settled and accommodate a significant residential population.With increase in mobility the face of traditional villages and rural settlements are changing oftenresulting in a reduction of services being located in the villages where those services can beaccessed in neighbouring towns. As it is understood that the proposed amendments to the SEPPare to protect populated areas it is recommended that the criteria be amended to include:An area of contiguous R5 zoned land where the residential population exceeds 200 people.It is considered that satisfaction of this criterion should be sufficient without having to meet theother criteria.It is recommended that the Cooks Gap/ Yarrawonga area be included as mapped in theattachment 2.

82Mid-Western Regional CouncilORDINARY MEETING - 17 APRIL 2013Financial implicationsNot applicable.Strategic or policy implicationsAs stated previously in the report it is considered that the likely of a coal seam gas project to beestablished in the Mid-Western Region is minimal but it is considered prudent that Council make asubmission to promote the protection of the towns, villages and populated areas of the region.CATHERINE VAN LAERENDIRECTOR DEVELOPMENT & COMMUNITYSERVICES5 April 2013Attachments: 1. Critical Industry Cluster Map2. Map of the Cooks Gap/ Yarrawonga Area3. Draft Submission for Council’s ConsiderationAPPROVED FOR SUBMISSION:WARWICK L BENNETTGENERAL MANAGER


84Mid-Western Regional CouncilORDINARY MEETING - 17 APRIL 2013ATTACHMENT 2DisclaimerThis map has been created for the purpose ofshowing basic locality information over Mid-Western Regional Council. Property boundaryline network data is supplied by Department ofLands.This map is a representation of the informationcurrently held by Mid-Western Regional Council.While every effort has been made to ensure theaccuracy of the product, Council accepts noresponsibility for any errors or omissions.LegendMap Scale: 1:132,400Cooks Gap / YarrawongaParcel Parish RoadCrown Land Localities StateForestRailwayLGABoundaryWaterwayPrinted on Friday, 5 April 2013

Mid-Western Regional CouncilORDINARY MEETING - 17 APRIL 2013 85ATTACHMENT 3CVL:A0040006 18 April 2013Daniel KearyDirector Strategic Regional PolicyDepartment of Planning and InfrastructurePO Box 39SYDNEY NSW 2001Dear Mr KearyMID-WESTERN REGIONAL COUNCIL SUBMISSION - DRAFT STATE ENVIRONMENTAL PLANNING POLICY (MINING,PETROLEUM PRODUCTION AND EXTRACTIVE INDUSTRIES) AMENDMENT (COAL SEAM GAS)Reference is made to the exhibition of the proposed amendments to the Draft State Environmental Planning Policy(Mining, Petroleum Production and Extractive Industries) Amendment (Coal Seam Gas). Council would like to makethe following comments on the amendments.It should be noted that the proposed amendments only relate to new coal seam gas exploration and productionactivity. Having regard to the nature of the coal reserves in the Mid-Western Region it is unlikely that coal seam gasprojects will be established in the region although the full extent and nature of the coal reserves are yet to beinvestigated and therefore Council considers that it is prudent to make a submission to ensure protection of thetowns, villages and populated area in the Mid-Western Region. It is noted that the following towns and villages fallwithin the definition of a “residential zone” in accordance with the SEPP and therefore it is not required for them tobe nominated to be included in Schedule of the SEPP, namely: Mudgee; Gulgong; Rylstone; Kandos; Goolma; Birriwa; Hargraves; Pyramul; Windeyer; Ulan; Wollar; Ilford; Lue; Charbon; and Clandulla.In addition, it is noted that the village of Bylong is protected by the Critical Industry Cluster located in the Bylongvalley.As a consequence of the exhibition, should the status of these towns and villages be effected Council would requestthat they remain in the exclusion area.

86Mid-Western Regional CouncilORDINARY MEETING - 17 APRIL 2013Mid-Western Council requests an amendment to the criteria for those areas zoned R5 Large Lot Residential to enablethe inclusion of the Cooks Gap / Yarrawonga area. Cooks Gap is the largest residential population in the Mid-WesternRegion outside of the towns of Mudgee, Gulgong, Kandos and Rylstone. Although it does not have what could beconsidered a village centre it a contiguous area of R5 land with a rural fire shed and brigade. The Rural Lands studyundertaken in 2003 estimated that in 2001 the population was 812 with 303 houses. Approximately 75% of the lotswere estimated to be between 8 and 18 hectares. In the formulation of the Standard Instrument LEP the DoPIstipulated that the area had to be included in the residential suite of zones as R5 large lot residential. It is consideredthat the criteria should recognise that there are some R5 areas that are extensively settled and accommodate asignificant residential population. With increase in mobility the face of traditional villages and rural settlements arechanging often resulting in a reduction of services being located in the villages where those services can be accessedin neighbouring towns. As it is understood that the proposed amendments to the SEPP are to protect populatedareas it is recommended that the criteria be amended to include:An area of contiguous R5 zoned land where the residential population exceeds 200 people.It is considered that satisfaction of this criterion should be sufficient without having to meet the other criteria.Please find attached a map of the Cooks Gap / Yarrawonga area that Council would like included in Schedule 3 of theSEPP.Should you have any queries in relation to this matter please contact Catherine Van Laeren on 63782832.Yours faithfullyWARWICK BENNETTGENERAL MANAGER

Mid-Western Regional CouncilORDINARY MEETING - 17 APRIL 2013 876.2.4 Department of Planning and Infrastructure PerformanceMonitoringREPORT BY THE DIRECTOR DEVELOPMENT AND COMMUNITY SERVICES TO 17 APRIL2013 COUNCIL MEETINGREPORT Council 2013A0100056, A0170041RECOMMENDATIONThat the report by the Director Development and Community Services on the Department ofPlanning and Infrastructure Performance Monitoring be received.Executive summaryThe Department of Planning and Infrastructure (DoPI) published the results of the PerformanceMonitoring Review for 2011/12 on its website on 30 March 2013. This report provides a briefsummary of the key findings and a comparison of Mid-Western Regional Council with other Group4 Councils in the Central West and Wellington Council.Detailed reportThe 2011/12 data provides an overview of development in NSW. It includes information on councilperformance in assessing local development and general indications of the performance of theNSW planning system. The DoPI report was compiled by analysing detailed information from all152 NSW Councils.The following is a brief summary of some of the key findings and a comparison of the result forGroup 4 Councils in the Central West. A full copy of the report is available on the DoPI web site.Volume and Value of DeterminationsIn 2011/12, across NSW the total number of development approvals was the lowest since detailedlocal development performance monitoring data collection began in 2006/07. Althoughdevelopment activity fell by 8% compared in 2010/11, the total value of approved developmentincreases by 11% ($2.25 billion) across the state.DEVELOPMENT APPLICATIONS (DA’s)No of DAs DA+ CDCs Value approvedBATHURST 501 631 $70.4 millionDUBBO 458 574 $68.2 millionLITHGOW 250 270 $37.9 millionMWRC 347 552 $52.7 millionORANGE 434 695 $98.9 millionWELLINGTON 74 91 $5.5 millionThe estimated value of approved development in MWRC in 2010/11 was $58.7m. This indicates areduction in the value of development in the area by $5m, however these figures show that MWRCcompares very closely to Dubbo for both number of applications and value of approved work. Thenumber of DAs has remained relatively stable with 353 DAs in 2010/11 and 347 DAs in 2011/12, adecrease of 5 DAs.

88Mid-Western Regional CouncilORDINARY MEETING - 17 APRIL 2013COMPLYING DEVELOPMENT (CDC’s)No of CDCs Value % Council % PrivateBATHURST 130 $22.3 million 24% 26%DUBBO 116 $16 million 19% 81%LITHGOW 20 $1.9 million 55% 45%MWRC 205 $31.3 million 64% 36%ORANGE 261 $38.4 million 11% 89%WELLINGTON 17 $1.7 million 41% 59%The value of CDCs has increased from 2010/11 at $28 m to $31.8m in 2011/12. The number of CDCshas also increased from 163 in 2010/2011 to 205 in 2011/12. The percentage of council verse privatecertification determination remains unchanged. It should be noted that MWRC processes the greatestnumber of CDCs by far in the region with private certifiers playing a greater role in other LGAs. This isdue the limited number of certifiers practicing in the area but also the high level of service provided byCouncil in this field including out of hours inspections and inspections on short notice. The introductionof the Electronic Housing Code is another initiative introduced by staff to improve the customer servicefor CDCs, increase processing times and reduce cost to both developers and the Council. The impactof EHC should become evident in future years statistics.Processing TimesThe following definitions are provided to assist in understanding the data provided.Gross Determination Time – is the total number of days including that time that the application isreferred back to the applicant for further information. (Stop Clock)Net Determination Time - is the total number of days excluding that time that the application isreferred back to the applicant for further information. (Stop Clock)Across NSW , on average the gross processing times were 71 days in 2011/12 compared with 68days in 2010/11, 67 in 2009/10 and 74 days in 2008/09. Fifteen Councils (10%) had a meangross determination times for DAs over 100 days.In 2011/12 it took NSW Councils on average 18 days to determine CDCs and a median of only 8days.DETERMINATION TIMESDA Mean Gross DA Mean Net DA Median Gross DA Median NetBATHURST 38 28 22 17DUBBO 40 21 25 17LITHGOW 126 60 55 25MWRC 57 29 34 23ORANGE 57 44 45 30WELLINGTON 46 29 37 29Mid-Western Regional Council utilise “stop clock” to assist applicants to provide informationnecessary to determine applications. This has been a conscience decision to provide this level ofcustomer service rather than rejecting incomplete application at the Counter requiring applicants tomake return visits to Council. There has been an improvement in net processing times from the2010/11 period. Mid-Western has decreased the number of mean net processing times from 32days in 2010/11 to 29 days 2011/12 and the median net from 27 days in 2010/11 to 23 days in2011/12.

Mid-Western Regional CouncilORDINARY MEETING - 17 APRIL 2013 89EFFECT OF STOP CLOCK (STC)Mean Mean Mean Gross Minimum Maximum % withGross STC less mean STC STC STC STCBATHURST 34 11 24 1 473 98DUBBO 84 50 34 2 407 29LITHGOW 146 73 73 1 175 55MWRC 102 75 27 2 1929 37ORANGE 95 53 42 1 359 23WELLINGTON 69 38 31 2 139 42As stated previously Mid-Western Regional Council uses the stop clock provisions to improve customerservice but there is a balance in utilising the stop provision to assist customer rather than to manageprocessing times. The above table indicates that Mid-Westerns places 37% of application on stop clockwhich is considered a very reasonable number.COMPLYING DEVELOPMENT CERTIFICATE (CDC)Mean Median No Complying DevelopmentBATHURST 8 1 96DUBBO 8 8 22LITHGOW 21 15 11MWRC 11 9 131ORANGE 13 10 28WELLINGTON 21 14 7Considering the relatively high number of CDCs processed by Council, the mean and mediantimes for CDCs indicate a strong level of performance in processing CDCs and represent one ofthe best in the wider region. This is further clarified when the combined CDC and DA grossdetermination times are considered as detailed in the table below.Mid-Western Regional Council has the best processing times of all the Council’s in thewider region for single new dwellings and the second best for residential alterations andadditions. This is an outstanding performance by the development assessment team.CDC/DA MEAN GROSS DETERMINATION BY TYPESResidential Alts & Adds Single new dwelling CommercialBATHURST 52 28 36DUBBO 25 28 41LITHGOW 67 119 144MWRC 27 19 77ORANGE 56 44 59WELLINGTON 29 67 48DeterminationThe percentage of Development Applications determined by elective representatives hasdecreased slightly from 2010/11 where 6.5% of the application where determined by Council to6.1% in 2011/12.Staff and ResourcingOn average across the State, 56 DAs were determined for each equivalent full time (EFT)development assessment position for 2011/12compared with 62 DAs per EFT in 2010/11

90Mid-Western Regional CouncilORDINARY MEETING - 17 APRIL 2013Average DA/EFT Average DA/EFT 10/1111/12BATHURST 50.1 51.9 501DUBBO 45.8 49.3 458LITHGOW 50 22.9 250MWRC 91.3 92.9 347ORANGE 74.2 87.4 434WELLINGTON 37 29 74DA DeterminedThe table above indicates productivity levels of Development Application assessment staff. It canbe seen that the average DA/EFT has remain relatively constant from last reporting period. As canbe seen Mid-Western continues have a high level of productivity. The table indicates theproductivity levels of Mid-Western as the highest in this group, combined with the processing timesachieved; this indicates that the Planning and Development Department is performing extremelywell. This table also shows that whilst Bathurst is slightly outperforming MWRC in most areas, theirDA/EFT are processing almost half as many applications.Construction Certificates and Occupation CertificatesCONSTRUCTION & OCCUPATION CERTIFICATES ISSUEDCC 11/12 CC 10/11 OC 11/12 OC 10/11BATHURST 447 439 517 466DUBBO 425 482 45 428LITHGOW 223 262 232 260MWRC 247 231 294 252ORANGE 369 332 462 403WELLINGTON 48 42 41 22Construction Certificates and Occupation Certificates- MWRC2007/08 2008/09 2009/10 2010/2011 2011/2012Construction284 219 225 231 247CertificatesOccupationCertificates272 208 220 252 294There has been a slight increase in the number of Constructions Certificates and OccupationCertificates being issued. This is consistent with the slight increase in building activity that hasbeen noted with an increase in the number of CDCs. The trend is indicating a continuing gradualincrease in building activity.ConclusionsOverall, the Performance Monitoring Review indicates that the development assessment functionwithin Mid-Western Regional Council is performing very well with a high level of productivity andlow processing times. Mid-Western Regional Council has the best processing times of all theCouncil’s in the wider region for single new dwellings and the second best for residential alterationsand additions.Financial implicationsNot applicable.

Mid-Western Regional CouncilORDINARY MEETING - 17 APRIL 2013 91Strategic or policy implicationsThe results of the performance monitoring report not only demonstrate the performance of thedevelopment assessment function of Council but are indicative of the overall building activity in theLGA. The steady increase in construction certificates and occupational certificates are indicative ofthe increase in housing development in the LGA. The slight decrease in the overall value ofdevelopment is more likely indicating a decrease in the value of larger developments and this issupported by the increase in the value of development approved as CDCs which usually relate todwellings and ancillary development.CATHERINE VAN LAERENDIRECTOR DEVELOPMENT ANDCOMMUNITY SERVICES4 April 2013Attachments: 1.NilAPPROVED FOR SUBMISSION:WARWICK L BENNETTGENERAL MANAGER

92Mid-Western Regional CouncilORDINARY MEETING - 17 APRIL 20136.2.5 Draft Community Plan, Delivery Program/Operational Plan, andResourcing StrategyREPORT BY THE DIRECTOR FINANCE AND ADMINISTRATION TO 17 APRIL 2013COUNCIL MEETINGDraft Community Plan delivery program/operational plan and resource strategy 2013A0100056, A0149939RECOMMENDATIONThat:1. the report by the Director, Finance and Administration on the Draft CommunityPlan, Delivery Program/Operational Plan, and Resourcing Strategy be received;2. Council endorse the draft Towards 2030 Community Plan to go on publicexhibition for a period of 28 days commencing Friday 19 April 2013;3. Council endorse the draft Delivery Program 2013/14 - 2016/17 and draftOperational Plan 2013/14 to go on public exhibition for a period of 28 dayscommencing Friday 19 April 2013;4. a further report be presented to Council following the exhibition period includinga review of any submissions received.Executive summaryCouncil has recently undertaken a review of the existing Towards 2030 Community Plan. Thisreview has informed the related suite of Integrated Planning & Reporting (IP&R) documentsincluding the Delivery Program 2013/14 - 2016/17 (incorporating the Operational Plan 2013/14),and the Resourcing Strategy. The purpose of this report is to seek a resolution of Council to placethe Community Plan, Delivery Program/Operational Plan, and the revised Resourcing Strategy onpublic exhibition.Detailed reportFollowing an ordinary election of councillors, the council must review the community strategic planbefore 30 June following the election. At the 19 December 2012 meeting, Council resolved toundertake a review of the existing Community Plan, given that the current document was less than12 months old. The layout of the Community Plan has been altered to reflect a more appealing anduser friendly layout. However the goals and strategies have largely remained unchanged. ThisPlan represents the aspirations of this community moving forward and is Council’s highest levelstrategic plan.The intention of the Delivery Program is to detail all of the principle activities Council will undertaketo achieve the goals established in the Community Plan. The Operational Plan has been integratedinto the Delivery Program and sets out the annual projects and activities to which Council arecommitted and includes detailed budgets for he projects and services identified under each themetogether with the measure and timeframe.Council's activities as identified in the Delivery Program/Operational Plan will be underpinned bythe resources as identified in the Resourcing Strategy. The Resourcing Strategy is made up of the

Mid-Western Regional CouncilORDINARY MEETING - 17 APRIL 2013 93Long Term Financial Plan (10 years), Workforce Plan (4 years), and Asset Management Plan (10Years). The role of the Resourcing Strategy is for Council to demonstrate that it can meet thecommitments made in the Delivery Program/ Operational Plan. The Long Term Financial Plan(LTFP) has been updated to reflect Council's current 2012/13 budget, and the next 10 yearsbudget estimates. Detailed commentary on the formation and assumptions of the LTFP areincluded within that document.The Workforce Plan has been updated to reflect achievements over the past 12 months, andrevised actions for the next four years.The Asset Management Strategy has had minor amendments to wording, and updated financialdata. A number of updated individual infrastructure class Asset Management Plans, for examplethe Roads Asset Management Plan, will be reported to Council prior to 30 June 2013.It is not a legislative requirement for the Resourcing Strategy to go on public exhibition, howeverthe draft documents will be published on Council's website from Friday 19 April if endorsed byCouncil.The Delivery Program/Operational Plan includes a detailed budget of the activities that are to beundertaken each year from 2013/14 to 2016/17 to achieve the outcomes of the Delivery Program.Financial implicationsThe Draft Delivery Program 2013/14 - 2016/17 and Operational Plan 2013/14 is Council’s budgetfor the next 12 months, and the following 3 years.Strategic or policy implicationsThe Draft Delivery Program/Operational Plan and Resourcing Strategy together with theCommunity Plan will form Council’s strategic direction over the next 10 years.CLARE PHELANDIRECTOR FINANCE AND ADMINISTRATION5 April 2013Attachments: (separate documents)1. Draft Towards 2030 Community Plan2. Draft Delivery Program 2014-2017/Operational Plan 20143. Resourcing Strategya. Long Term Financial Planb. Workforce Planc. Asset Management StrategyAPPROVED FOR SUBMISSION:WARWICK L BENNETTGENERAL MANAGER

94Mid-Western Regional CouncilORDINARY MEETING - 17 APRIL 20136.2.6 Acquisition of Land or Interests in Land Policy and Leasing &Licensing of Council Property Policy ReviewsREPORT BY THE REVENUE & PROPERTY MANAGER TO 17 APRIL 2013 COUNCILMEETINGAcquisition of Land or Interests in Land Policy & Leasing & Licencing of Council Property Policy ReviewsA0100056, A0100021RECOMMENDATIONThat:1. the report by the Revenue & Property Manager on the Acquisition of Land orInterests in Land Policy and Leasing & Licensing of Council Property PolicyReviews be received;2. Council adopt the revised Acquisition of Land or Interests in Land Policy and therevised Leasing & Licencing of Council Property Policy.Executive summaryThe existing Acquisition of Land or Interests in Land Policy and the Leasing & Licensing of CouncilProperty Policy have been reviewed and proposed amendments are suggested as part of Council’songoing policy review program.Detailed reportThe proposed changes to the Acquisition of Land or Interests in Land Policy and the Leasing &Licensing of Council Property Policy are consistent with the intent of the existing policies, and areprimarily wording changes and amendments to reflect the scope of Council’s current businessoperations and current business practices.All proposed changes are shown as “track changes’’ on the copies of the policies attached to thisthe report.Financial implicationsNot ApplicableStrategic or policy implicationsThe Acquisition of Land or Interests in Land Policy and the Leasing & Licensing of CouncilProperty Policy will be amended in accordance with Council’s decision.DIANE SAWYERSREVENUE & PROPERTY MANAGER5 April 2013Attachments: 1. Acquisition of Land or Interests in Land Policy2. Leasing & Licensing of Council Property PolicyAPPROVED FOR SUBMISSION:CLARE PHELANDIRECTOR FINANCE AND ADMINISTRATIONWARWICK L BENNETTGENERAL MANAGER






100Mid-Western Regional CouncilORDINARY MEETING - 17 APRIL 20136.2.7 Monthly statement of Mid-Western Regional Council bankbalances and investments as at 31 March 2013REPORT BY MANAGER FINANCIAL PLANNING TO 17 APRIL 2013 COUNCIL MEETINGBankrepA0100056, A0140304RECOMMENDATIONThat:1. the investment report as at 31 March 2013 by the Manager Financial Planning bereceived;2. the certification by the Responsible Accounting Officer be noted.Executive summaryThe purpose of this report is to certify that Council's investments have been made in accordancewith legal and policy requirements; provide information on the detail of investments and raise othermatters relevant to Council's investment portfolio as required.Detailed reportClause 212 of the Local Government (General) Regulation 2005 requires that the ResponsibleAccounting Officer of a Council:a) must provide the Council with a written report (setting out details of all money that theCouncil has invested under Section 625 of the Act), to be presented at each OrdinaryMeeting of the Council, andb) must include in the report a certificate as to whether or not the investment has been madein accordance with the Act, the regulations and the Council's investment policies.The report must be made up to the last day of the month immediately preceding the meeting.Financial implicationsNot applicableStrategic or policy implicationsNot applicableLEONIE JOHNSONMANAGER FINANCIAL PLANNINGCLARE PHELANDIRECTOR FINANCE & ADMINISTRATION5 April 2013

Mid-Western Regional CouncilORDINARY MEETING - 17 APRIL 2013 101Attachments: 1. Monthly statement of bank balances and investments2. Schedule of MWRC investment policy requirements3. Monthly investment portfolio activityAPPROVED FOR SUBMISSION:WARWICK L BENNETTGENERAL MANAGER

102Mid-Western Regional CouncilORDINARY MEETING - 17 APRIL 2013For the month ended:31-Mar-13ATTACHMENT 1Bank AccountsOpeningBalance Receipts PaymentsClosingBalanceOverdraftLimitNational Australia Bank $ 1,215,287 $ 7,871,057 $ 8,906,067 $ 180,277 $ 700,000The bank balance has been reconciled to the General Ledger as at 31/03/2013Investments Type Amount Yield % Maturity Date Term RatingGovtRatingNAV% ofPortfolioNational Australia Bank At Call $ 1,705,000 3.55% N/A At Call A-1+ 1 5.2%National Australia Bank Term Deposit $ 1,000,000 4.50% 19/06/2013 119 A-1+ 2 3.1%National Australia Bank Term Deposit $ 1,000,000 4.48% 17/04/2013 119 A-1+ 2 3.1%National Australia Bank Term Deposit $ 2,000,000 4.72% 3/04/2013 182 A-1+ 2 6.2%Westpac Bank Term Deposit $ 1,200,000 4.17% 10/04/2013 91 A-1+ 1 3.7%Westpac Bank Term Deposit $ 1,500,000 4.37% 10/04/2013 98 A-1+ 2 4.6%Westpac Bank Term Deposit $ 2,000,000 4.37% 3/04/2013 91 A-1+ 2 6.2%St George Bank Term Deposit $ 1,000,000 3.84% 22/05/2013 84 A-1+ 1 3.1%St George Bank Term Deposit $ 1,500,000 4.20% 26/06/2013 105 A-1+ 2 4.6%St George Bank Term Deposit $ 700,000 4.55% 10/04/2013 154 A-1+ 2 2.2%St George Bank Term Deposit $ 2,000,000 4.40% 5/06/2013 182 A-1+ 2 6.2%Bankwest Term Deposit $ 1,000,000 4.00% 24/04/2013 77 A-1+ 1 3.1%Bankwest Term Deposit $ 2,000,000 4.10% 24/04/2013 35 A-1+ 2 6.2%Bankwest Term Deposit $ 1,000,000 4.00% 15/05/2013 75 A-1+ 2 3.1%Bankwest Term Deposit $ 1,000,000 4.00% 15/05/2013 70 A-1+ 2 3.1%ING Australia Bank Term Deposit $ 1,500,000 4.74% 12/06/2013 182 A-1 1 4.6%ING Australia Bank Term Deposit $ 1,000,000 4.29% 26/06/2013 105 A-1 2 3.1%Bank of Queensland Term Deposit $ 1,000,000 4.30% 26/06/2013 91 A-2 1 3.1%IMB Ltd Term Deposit $ 1,000,000 4.15% 8/05/2013 91 A-2 1 3.1%Newcastle Permanent Term Deposit $ 1,000,000 4.20% 8/05/2013 98 A-2 1 3.1%Members Equity Bank Term Deposit $ 1,500,000 4.70% 1/05/2013 117 A-2 1 4.6%Peoples Choice C/Union Term Deposit $ 1,000,000 4.20% 19/06/2013 91 A-2 1 3.1%Heritage Building Society Term Deposit $ 1,400,000 4.35% 1/05/2013 91 A-3 1 4.3%Community CPS Aust. Term Deposit $ 1,000,000 4.45% 29/05/2013 84 NR 1 3.1%ANZ ASPRIT IIILongreach Series 26SustainableEquity LinkedNotePropertyLinked Note$ 500,000 50% of +tveNAV19/07/2013 6 yrs AA - $ 508,000 1.5%$ 1,000,0007/06/2014 7 yrs A+ - $ 964,400 3.1%Total Investments $ 32,505,000100.0%Financial Claims Scheme1 Guaranteed to $250,0002 Not Covered

Mid-Western Regional CouncilORDINARY MEETING - 17 APRIL 2013 103MWRC Policy Requirements:ATTACHMENT 2Investments by InsititutionLong/ShortTerm Ratings Amount Actual Policy LimitNational Australia Bank AA/A-1+ $ 5,705,000 17.6% 25.0%Bankwest AA/A-1+ $ 5,000,000 15.4% 25.0%St George Bank AA/A-1+ $ 5,200,000 16.0% 25.0%Westpac Bank AA/A-1+ $ 4,700,000 14.5% 25.0%ANZ AA/A-1 $ 500,0001.5% 25.0%Longreach A+/A-1 $ 1,000,0003.1% 20.0%ING Australia Bank A/A-1 $ 2,500,0007.7% 15.0%Bank of Queensland BBB+/A-2 $ 1,000,0003.1% 10.0%Newcastle Permanent BBB+/A-2 $ 1,000,0003.1% 10.0%Members Equity Bank BBB/A-2 $ 1,500,0004.6% 10.0%IMB Ltd BBB/A-2 $ 1,000,0003.1% 10.0%Peoples Choice C/Union BBB/A-2 $ 1,000,0003.1% 10.0%Heritage Building Society BBB-/A-3 $ 1,400,0004.3% 10.0%Community CPS Aust. NR $ 1,000,0003.1% 10.0%$ 32,505,000 100.0%% of PortfolioInvestments by Rating Rating* Amount Actual LimitDirect Securities AAA/A-1+ $ 20,605,000 63.4% 100.0%A/A-1 $ 3,500,000 10.8% 60.0%BBB/A-2 $ 5,500,000 16.9% 20.0%BBB-/A-3 $ 1,400,0004.3% 20.0%Unrated $ 1,000,0003.1% 20.0%Managed Funds AAA 0.0%AA 0.0%A 0.0%BBB 0.0%Unrated 0.0%$ 32,505,000 100.0%-% of PortfolioTerm to Maturity Amount Actual Minimum MaximumLess than 1 year $ 31,005,00095.4% 30.0% 100.0%Between 1 and 3 years $ -0.0% 0.0% 70.0%Between 3 and 5 years $ -0.0% 0.0% 50.0%More than 5 years $ 1,500,0004.6% 0.0% 25.0%$ 32,505,000100.0%% of Portfolio

104Mid-Western Regional CouncilORDINARY MEETING - 17 APRIL 2013ATTACHMENT 3Monthly Investment Portfolio Activity:The below table shows monthly investment activity within the portfolio including investments that haveBank AccountsOpeningBalanceRedeemedBalanceRe-investedBalanceChange ininterest rateChange inTerm (days)NewTermRateNational Australia Bank $ 3,460,000 $ 1,755,000 $ 1,705,000 0.00% At Call 0.00%Bankwest $ -$ 1,000,000 New Deposit 4.00%Community CPS Aust. $ 1,000,000 $ - $ 1,000,000 -0.45% -21 4.05%Bankwest $ -$ 1,000,000 New Deposit 4.00%ING Australia Bank $ 1,000,000 $ - $ 1,000,000 -0.25% 0 4.29%St George Bank $ 1,500,000 $ - $ 1,500,000 -0.15% 7 4.20%Peoples Choice C/Union $ 1,000,000 $ - $ 1,000,000 -0.29% 0 4.20%Bankwest $ 2,000,000 $ - $ 2,000,000 0.05% 2 4.10%Bank of Queensland $ 1,000,000 $ - $ 1,000,000 -0.41% -35 4.30%$ 10,960,000$ 11,205,000Net Portfolio Movement$245,000 Addition

Mid-Western Regional CouncilORDINARY MEETING - 17 APRIL 2013 1056.2.8 Red Hill Reserve Working Party - March 2013REPORT BY THE DIRECTOR OPERATIONS TO 17 APRIL 2013 COUNCIL MEETINGRed Hill Reservce Working Party 2013A0100056, P0860011RECOMMENDATIONThat:1. the report by the Director Operations on the Red Hill Reserve Working Party bereceived;2. note the minutes of the Meeting of the Red Hill Reserve Working Party meetingheld on 7 March 2013.Executive summaryThe purpose of this report is to advise council of the considerations and recommendations of theRed Hill Reserve Working Party ordinary quarterly meeting held on 7 March 2013.There are no matters arising that require consideration by Council at this time, noting that specificrequests/recommendations are forwarded to Council under separate cover providing detailedinformation on requirements. Operational matters raised will be dealt with in due course when staffreceives additional information.Financial implicationsNot applicable.Strategic or policy implicationsNot applicable.BRAD CAMDIRECTOR, MID-WESTERN OPERATIONS26 March 2013Attachments: 1. Minutes of the Red Hill Reserve Working Party meeting held on 7 March 2013APPROVED FOR SUBMISSION:WARWICK L BENNETTGENERAL MANAGER


Mid-Western Regional CouncilORDINARY MEETING - 17 APRIL 2013 107URGENT BUSINESS WITHOUT NOTICEAs provided by Clauses 19 & 20 of Council’s Code of Meeting Practice (Clause 14 LGMR).GIVING NOTICE OF BUSINESS19. (1) The Council must not transact business at a meeting of the Council:(a)unless a Councillor has given notice of the business in writing at least two (2) days prior to the dayon which the agenda and business paper is prepared and delivered to Councillors; and(b)unless notice of the business has been sent to the Councillors in accordance with Clause 6 of thisCode. (see Section 367 LGA & Clause 14(1) LGMR)(2) Subclause (1) does not apply to the consideration of business at a meeting if the business:(a)(b)(c)(d)(e)(f)(g)is already before, or directly relates to a matter that is already before the Council (see Clause14(2)(a) LGMR); oris the election of a chairperson to preside at the meeting as provided by Clause 12(1) (see Clause14(2)(b) LGMR); oris a matter or topic put to the meeting by the chairperson in accordance with Clause 21 (seeClause 14(2)(c) LGMR); oris a motion for the adoption of recommendations of a committee of the Council; (see Clause14(2)(d) LGMR); orrelates to reports from officers, which in the opinion of the Chairperson or the General Managerare urgent;relates to reports from officers placed on the business paper pursuant to a decision of a committeethat additional information be provided to the Council in relation to a matter before the Committee;andrelates to urgent administrative or procedural matters that are raised by the Mayor or GeneralManager.BUSINESS WITHOUT NOTICE20. (1) Despite Clause 19 of this Code, business may be transacted at a meeting of the Councileven though due notice of the business has not been given to the Councillors. However,this can happen only if:(a)a motion is passed to have the business transacted at the meeting; and(b)the business proposed to be brought forward is ruled by the Chairperson to be of great urgency.Such a motion can be moved without notice. (see Clause 14(3) LGMR)(2) Despite Clause 30 of this Code, only the mover of a motion referred to in subclause (1) can speakto the motion before it is put. (see Clause 14(4) LGMR)Item 7: Urgent Business Without Notice

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