Agenda of Ordinary Council Meeting - Tuesday, 26 March 2024

Ordinary Council Meeting Business Agenda

26 March 2024

9.2 Mayors Delegate Report - February 2024 Activity

Department:	General Manager’s Office
Prepared By:	Mayor
Authorised By:	Mayor
Reference:	UINT/24/4478
LINKAGE TO INTEGRATED PLANNING AND REPORTING FRAMEWORK
Goal:	4. We are an independent shire and well-governed community
Strategy:	4.1. Informed and collaborative leadership in our community

Summary

Mayor’s Delegate Report outlining activities conducted during the month of February 2024.

Recommendation

That Council received the Mayor’s Delegate Report for February 2024.

Report

Mayor: Robert Bell
Date of Council Meeting: 26 March 2024
DATE	COMMITTEE/MEETING/EVENT	LOCATION
2 Feb 2024	Meeting – Resident	Uralla
5 Feb 2024	Mayor & GM Catch Meeting	Uralla
6 Feb 2024	Long Service Award Presentation	Uralla
6 Feb 2024	AMC AUKUS Forum	Online
6 Feb 2024	Councillor Workshop	Uralla
7 Feb 2024	TWA Think Tank – Action Plan	Armidale
8 Feb 2024	Meeting Winterbourne Wind Farm	Online
9 Feb 2024	Long Service Award Presentation	Uralla
12 Feb 2024	Mayor & GM Catch Meeting	Uralla
13 Feb 2024	New England Renewable Energy Zone (REZ) transmission project	Online
13 Feb 2024	Councillor Workshop 1. UrallaUpdate on decommissioning of 3G network and impact on mobile services in rural area – presenter Ian George Telstra 2. Cr Doran's Notice of Motion - proposed referendum regarding election of Mayor 3. Kingstown transfer station & Village Maintenance matter 4. Discussion and Cr feedback on Foodworks proposal	Uralla
19 Feb 2024	Mayor & GM Catch Meeting	Uralla
20 Feb 2024	NEWA Meeting	Uralla
20 Feb 2024	Councillor Workshop 1. StateCover Mutual Update - Presentation by Martin Townsend and Ryan Dick 2. Workshop discussion ‘Options for managing community benefit payments through VPAs for REZ developments’	Uralla
21 Feb 2024	Long Service Award Presentation	Uralla
22 Feb 2024	Prime TV Interview	Uralla
22 Feb 2024	Origin-Essential Energy Update on Outage	Uralla
26 Feb 2024	Mayor & GM Catch Meeting	Uralla
27 Feb 2024	Council Meeting	Uralla
28 Feb 2024	Local Traffic Committee meeting	Uralla
29 Feb 2024	Meeting with Adam Marshall Local Member	Uralla
2023 Expenses Claims to date for Councillors		$0

Ordinary Council Meeting Business Agenda

26 March 2024

13 Report of Committees

13.1 Uralla Local Traffic Committee (ULTC) - Minutes of meeting held 28 February 2024

Department:	Infrastructure & Development
Prepared By:	Executive Support Officer Infrastructure & Development
Authorised By:	Executive Director Infrastructure & Development
Reference:	UINT/24/3395
Attachments:	1. Agenda - Uralla Local Traffic Committee (ULTC) Meeting - 28 February 2024 ⇩ 2. Minutes - Uralla Local Traffic Committee Meeting - 28 February 2024 ⇩
LINKAGE TO INTEGRATED PLANNING AND REPORTING FRAMEWORK
Goal:	1. We have an accessible inclusive and sustainable community 2. We drive the economy to support prosperity 4. We are an independent shire and well-governed community
Strategy:	1.2. A safe, active and healthy shire 2.3. Communities that are well serviced with essential infrastructure 4.1. Informed and collaborative leadership in our community 4.2. A strategic, accountable and representative Council

Summary

The agenda and minutes of the Uralla Local Traffic Committee (UTLC) meeting held on 28 February 2024 are attached for the information of Councillors. Staff have reviewed the action items, as approved by the Committee, and advise that all items can be addressed within currently voted and available resources.

Recommendation

That Council receives the Minutes of the Uralla Local Traffic Committee (ULTC) meeting held 28 February 2024 and notes the decisions of the Committee.

Report

The Uralla Local Traffic Committee (ULTC) Meeting was held on 28 February 2024.

The Committee made the following decisions regarding items put before them by Council:

5.1 Request for Speed Limit Reduction on Arding Road, Northeys Road and Hawthorne Drive URALLA

That the Uralla Local Traffic Committee:

1. Note the request from Arding Land Care Group relating to Arding Road, Northeys Road and Hawthorne Drive.

2. That the suggested 80 km/h speed zone along sections of these roads not be supported.

3. That Council review warning signposting along these roads with a priority to intersection signage including Give Way and Tee Junction or Cross Road warning signs.

5.2 Request from Uralla Bowling Club for Designated Bus Zone, Removal of Taxi Zone and a Drop Off Zone

That the Uralla Local Traffic Committee:

1. Note the request from Uralla Bowling Club to amend parking at the front of the club.

2. That Council staff prepare a plan of proposed parking amendments considering the requested changes and correctional signage along the Hill Street frontage of the Club.

5.3 Uralla Arts - Lantern Parade - Road Closure - 23 March 2024

1. That the Uralla Local Traffic Committee agree to the proposed road closure in King Street subject to no objection to the event being raised by NSW Police.

Conclusion

Director Infrastructure and Development confirms that any actions recommended by the Committee are supported by officers and can be undertaken within existing resources.

Ordinary Council Meeting Business Agenda

26 March 2024

14 Reports to Council

14.1 Minutes Bundarra School of Arts Hall and Community Consultative s355 Committee from 28 February 2024

Department:	Infrastructure & Development
Prepared By:	Executive Director Infrastructure & Development
Authorised By:	Executive Director Infrastructure & Development
Reference:	UINT/24/3548
LINKAGE TO INTEGRATED PLANNING AND REPORTING FRAMEWORK
Goal:	1. We have an accessible inclusive and sustainable community 4. We are an independent shire and well-governed community
Strategy:	1.4. Access to and equity of services 4.3. An efficient and effective independent local government

SummarY

The Minutes of the Bundarra School of Arts Hall and Community Consultative s355 Committee meeting held 28 February 2024 are presented to Council in Attachment 1 to this report.

Recommendation

That Council:

1. Receives the Minutes of the Bundarra School of Arts Hall and Community Consultative s355 Committee meeting held 28 February 2024.

2. Notes that there were no Recommendations for Council’s formal consideration tabled at the meeting.

Report

The Bundarra School of Arts Hall and Community Consultative s355 Committee meeting was held on 28 February 2024.

The Meeting was attended by Deputy Mayor Crouch and Councillor Doran, and the Director Infrastructure and Development.

The Committee was represented by Therese Layton, John Layton, Jeff Dezius, newly appointed member Jenny Dezius. An apologies was Kristi Jenkin.

Item 1 - Council Feedback on Previous Minutes

Committee was appraised of the status of their previous recommendations to Council and were satisfied generally with the actions already approved and undertaken, and those now proposed by Council, including:

1. That Council had agreed, at the Committee’s request, to disregard the Committee’s previous request to utilise the Rural Transaction Money (RTC) to procure 150 new chairs and 10 tables; and to await a future recommendation from the Committee regarding the use of that fund.

2. That Council had resolved to install a memorial (proposed by Mrs Gray) at the Bundarra Cemetery commemorating all those of indigenous and other backgrounds who lay in unmarked graves.

3. That Council, utilising the Fixing Country Roads Round 6 grant funding, was addressing the problematic section of the Bundarra Road 6-8 kilometres before the Laura Bridge and that project was currently in the design phase.

4. That Council was applying a component of the Safer Country Communities Fund Round 5 (SCCF 5) grant to upgrade the existing public toilets at both Emu Crossing and in Bundarra Township.

5. That Council had allocated a further component of the SCCF 5 to install a picnic table and chairs in the vicinity of the Grace Munroe facility.

6. That the other already approved projects including the additions to the existing playground at the multi-purpose courts (including shade sail and kids cycle path) were funded and awaiting the arrival of Council’s new Project Manager before proceeding.

Item 2. Matters Raised by the Committee

1. The Committee raised a number of minor issues regarding already planned projects in Bundarra and Council was able to clarify that all of those items (lighting in refurbished toilets, kids cycle track at the multi-purpose courts, repair on the existing toilets, etc were all included in the current works list as a consequence of a visit by Council’s Asset Manager.

2. The Committee was highly supportive of Council’s recent resolution regarding the Bundarra Cemetery plaque.

3. The Committee raised the prospect of future fencing enhancements at the multi-purpose courts as a future item to be discussed in greater detail at an appropriate time.

4. The Committee raised the issue of local Lions Club involvement in the creation of town entry signage which is a Uralla Rotary Club project. Council representatives committed to ensure appropriate inclusion was arranged.

Item 3. Recommendations for Council Consideration

Nil

Conclusion

The Bundarra School of Arts Committee Meeting took place at Bundarra on 28 February 2024. The minutes of that meeting are presented here for Council’s consideration and noting.

Council Implications

Community Engagement/Communication

The Committee provides an excellent forum for genuine local community engagement and provides valuable feedback which assists to guide staff decision-making and recommendations to Council.

Policy and Regulation

The Bundarra School of Arts Committee is a 355 Committee of Council

Financial/Long Term Financial Plan

Nil

Asset Management/Asset Management Strategy

Reports from the Committee provides valuable input which assists to maintain the currency of Council’s Asset Management Plans.

Workforce/Workforce Management Strategy

Nil

Legal and Risk Management

Nil

Performance Measures

Nil

Project Management

Staff

Ordinary Council Meeting Business Agenda

26 March 2024

14.2 Development Application - DA-76-2023 Boundary realignment - Lot 326 DP755811 & Lot 1 DP618239 58 & 62 Mundays Lane SAUMAREZ PONDS

Department:	Infrastructure & Development
Prepared By:	Acting Manager Planning Development
Authorised By:	General Manager
Reference:	UINT/24/2534
Attachments:	1. Plan of Subdivision ⇩ 2. Redacted Submissions ⇩ 3. Draft Notice of Determination ⇩ 4. Local Land Services Supporting Letter ⇩ 5. Further Justification Letter ⇩ 6. Section 4.15 Assessment Report ⇩
LINKAGE TO INTEGRATED PLANNING AND REPORTING FRAMEWORK
Goal:	3. We are good custodians of our environment
Strategy:	3.2. Maintain a healthy balance between development and the environment

Summary

Council has received a Development Application for Boundary realignment of Lot 326 DP755811 & Lot 1 DP618239, also described as 58 & 62 Mundays Lane SAUMAREZ PONDS.

The existing layout consists of two (2) lots (RU2 and R5 zoned), each which is below their applied minimum lot size. The proposal would create a 6ha RU2 zoned lot, which forms a further and substantial reduction to the minimum lot size and creates an unusual pattern of development.

Notwithstanding, Clause 4.2C of the Local Environmental Plan provides an eligibility and merit framework for considering boundary realignments in certain circumstances, under which the application is considered acceptable.

On balance, the proposal is supportable when considered against relevant matters for consideration. In particular, the proposal would not create any new dwelling entitlements, and would link the lagoon to the owner’s primary dwelling (an original homestead of the area and originally attached to the lagoon), better ensuring continued best practice conservation of the lagoon land.

Following notification of the Development Application, three (3) submissions were made in objection to the proposal, requiring a Council decision.

The proposal has been assessed and is recommended for approval subject to conditions.

Note to Councillors

In accordance with the provisions of S375A of the Local Government Act 1993, a Division is to be called whenever a motion for a planning decision is put to the meeting, for the purpose of recording voting on planning matters.

Development applications require a decision of Council which MUST be either:

• Approval with conditions (to be prepared by the Manager Development and Planning) OR

• Refused with reasons.

Recommendation

That Council approves the Development Application (DA-76-2023) for a Boundary Realignment of Lot 326 DP755811 & Lot 1 DP618239, land at 58 & 62 Mundays Lane SAUMAREZ PONDS, subject to the conditions of consent in the attached Notice of Determination

Report

The existing and proposed lot configurations together with LEP zoning map are shown below:

Figure 1: Existing Layout (Aerial) (source: sixmaps)

Figure 2: LEP Zoning Map

Figure 3: Proposed Layout

Lot arrangement/layouts are summarised below:

Existing
Address	LEP Zone	Size (Ha)	Key/Relevant Features:
Lot 366 DP755811 58 Mundays Lane	RU2	39.2ha	Identified as “The Springs” Contains Saumarez Lagoon and existing dwelling “C” shaped Lot, surrounding Saumarez Ponds Recreation Reserve Fronts Mundays Lane and Ferris Lane
Lot 1 DP 618239 62 Mundays Lane	R5	1.98ha	Identified as “Lagoon Homestead” Contains existing dwelling circa 1880 Access from Mundays Lane (no frontage, lawful access via road reserve)

Proposed
Address	LEP Zone	Size (Ha)	Key/Relevant Features:
Proposed Lot 1 62 Mundays Lane	RU2 & R5	35.2	Would contain Saumarez Lagoon and “Lagoon Homestead” at 62 Mundays Lane Split zoning
Proposed Lot 2 58 Mundays Lane	RU2	6ha	Would contain single dwelling which is currently within “The Springs” at 58 Mundays Lane Single lot, however in two clear parts, joined by 200m battle-axe handle characteristic.

The proposal is for a realignment of land only, and would not create additional dwelling entitlements or additional lots. Key planning considerations are as follows:

Clause 4.1(3) of LEP (minimum lot size)

This clause forms a Development Standard of the LEP, applying minimum lot size provisions. While the type of development at hand does not engage the Clause (discussed further in this report), it is nonetheless of value to note.

The RU2 zoned land at 58 Mundays Lane (lot containing lagoon) has a minimum lot size of 400ha. The R5 zoned land at 62 Mundays Lane has a minimum lot size of 25ha. At the outset, both subject lots are well below their applied minimum lot sizes. It is acknowledged that the proposal would create a further erosion of the 400ha minimum lot size.

Clause 4.2C (boundary changes between lots in certain rural, residential and conservation zones)

This Clause forms the crux of this assessment, and effectively prevails over Clause 4.1(3). Relevant parts of the clause are below:

(1) The objective of this clause is to permit the boundary between 2 or more lots to be altered in certain circumstances to give landowners a greater opportunity to achieve the objectives for development in a zone.

(2) This clause applies to land in any of the following zones—

(a) Zone RU1 Primary Production,

(b) Zone RU2 Rural Landscape,

(ba) Zone RU4 Primary Production Small Lots,

(c) Zone R5 Large Lot Residential,

(d) Zone C3 Environmental Management,

(e) Zone C4 Environmental Living.

(3) Despite clause 4.1 (3), development consent may be granted to the subdivision of 2 or more adjoining lots comprised in land to which this clause applies if the subdivision will not result in any of the following—

(a) an increase in the number of lots,

(b) an increase in the number of dwellings or dual occupancies on (or dwellings or dual occupancies that may be erected on) any of the lots.

The clause also includes additional matters for consideration for assessment, which are included in the table further below.

The proposal is eligible for application of the clause pursuant to 4.2C(2) & (3), given each zone is listed and the proposal causes no increase in the:

· Number of lots; or

· The opportunity for an increase in the number of dwellings on each resulting lot (it is noted that Dual Occupancy is permitted with consent on each lot, regardless of the proposal).

The objective of the clause is to “… permit the boundary between 2 or more lots to be altered in certain circumstances to landowners a greater opportunity to achieve the objectives for development in a zone.” The clause goes on to prescribe certain matters which the consent authority must consider before determining an application under the Clause.

In terms of the meeting objectives, the proposal constitutes a unique circumstance, namely through the lagoon occupying the balance of the lot (areas clear of the approximate high water mark are limited to around 25% or 10ha) of the lot. The zone objectives for RU2 land are as follows:

· To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.

· To maintain the rural landscape character of the land.

· To provide for a range of compatible land uses, including extensive agriculture.

The proposal itself does not further the RU2 objectives of the land, however nor is it contrary. The associated large minimum lot size provides some protection for the land, however the zoning itself is a broad tool which does not necessarily recognise the special lagoon characteristics. The lagoon part is tantamount to a C2 ‘Environmental Conservation’ zone, and the proposal would more comfortably further these objectives:

· To protect, manage and restore areas of high ecological, scientific, cultural or aesthetic values.

· To prevent development that could destroy, damage or otherwise have an adverse effect on those values.

In addition, the proposal demonstrates acceptability against matters prescribed under Clause 4.2C(4):

Table: Assessment against Clause 4.2C(4)

(a) the existing uses and approved uses of other land in the vicinity of the subdivision,	The proposal would not conflict with existing or approved uses of land in vicinity of the subdivision.
(b) whether or not the subdivision is likely to have a significant impact on land uses that are likely to be preferred and the predominant land uses in the vicinity of the development,	Surrounding lands are zoned R5 at east, west and southern sides and RU2 to the north. The proposal would not cause any impact on preferred and predominant land uses associated with these lands.
(c) whether or not the subdivision is likely to be incompatible with a use referred to in paragraph (a) or (b),	No matters of incompatibly are envisaged with regards to (a) and (b).
(d) whether or not the subdivision is likely to be incompatible with a use of land in any adjoining zone,	The proposal would not be incompatible with land in adjoining zones. Again, it is noted that surrounding lands are largely R5
(e) any measures proposed by the applicant to avoid or minimise any incompatibility referred to in paragraph (c) or (d),	No measures are required to be considered.
(f) whether or not the subdivision is appropriate having regard to the natural and physical constraints affecting the land,	The proposal is considered to allow for improved and ongoing management of the lagoon land.
(g) whether or not the subdivision is likely to have an adverse impact on the environmental values or agricultural viability of the land.	The proposal is considered to support the improvement of the environmental values of the lagoon land. It is not considered that a material loss of agricultural viability would occur as a result of the proposal, again given the affected lot is predominately made up of the lagoon footprint.

In carrying out the above assessment, the applicant provided Council with additional information to justify the proposal. Key comments from the applicant as follows:

· The property owners (owns both lots) reside in the original ‘Lagoon Homestead’. The proposal would reconnect a linkage between the lagoon and this homestead.

· Amalgamation of lots has been considered, but is not a financially viable option/imposition.

· The owners have worked with the University of New England and the Local Lands

Services to educate, protect and implement management strategies to enhance and ultimately protect the Lagoon (a letter of support was received from Northern Tablelands Local Land Services, and is attached to this report).

· The owners consider and have demonstrated that the lagoon is better protected by being attached to the Lagoon Homestead, rather than the existing dwelling at 58 Mundays Lane (which is of a lesser scale and grandeur) – there is a potential likelihood that it may be purchased as an attractive hobby farm, and partly by virtue of the RU2 zoning protected from regular rural pursuits (keeping of horses, cattle grazing lagoon and the like).

· The applicant also justifies the lot layout due to the high watermark, which Councils officer is reasonably satisfied with.

The above is a summary only, and the complete further justification is attached to the report.

The proposal would create a ‘split zone’ for the lagoon balance lot, this is undesirable but is not a significant concern in this instance. By virtue of the land in both zones being below the minimum lot size, it would be difficult for the Lagoon Homestead to be ‘subdivided off’ the lagoon land in future (and would require Development Consent [a DA]) in any instance). Council’s officer has suggested a restriction to ensure no subdivision may occur on this land, however ultimately this is not a reasonable condition to propose, and the minimum lot size provisions are a satisfactory assurance.

Similarly, while the proposal will create a 6ha lot of limited rural viability and of typical R5 depth characteristics, it is not reasonable to speculate that the excision of the land furthers steps towards a ‘rezoning’ to R5 land, given the application is acceptable in its own right, through meeting the Clause 4.2C. In this regard, the proposed new boundary also aligns with sufficient high water mark perimeter access.

While it appears that Clause 4.1 and 4.2C may be in conflict, Clause 4.2C is the appropriate mechanism to be applied, with the proposal demonstrating acceptable merit and unique circumstances to be recommended for approval.

Submissions were received in relation to the proposal, however again, in the context of a boundary realignment only (not in itself an intensification of the site/change to the status quo), the proposal is acceptable with regards to matters raised (please refer to attached redacted submissions and report).

The attached report (s4.15 EPA Act 1979) provides further assessment of the development application (DA-76-2023) submitted for a Boundary Realignment of Lot 326 DP755811 & Lot 1 DP618239, 58 & 62 Mundays Lane SAUMAREZ PONDS. The report demonstrates the acceptability of the proposal having regards to statutory matters of consideration.

Conclusion

The proposed development is permissible with the consent of Council. The proposed development complies with the relevant aims, objectives and provisions of Uralla LEP 2012 (as amended) and DCP 2011. A Section 4.15 assessment of the development indicates that the development is acceptable in this instance. Attached is a Notice of Determination outlining conditions considered appropriate to ensure that the development proceeds in an acceptable manner.

Council Implications

Community Engagement/Communication

The application was notified in accordance with the Uralla Community Engagement Plan related Community Participation Plan.

Policy and Regulation

Consistent with Uralla LEP 2011

Financial/Long Term Financial Plan

No financial impacts

Asset Management/Asset Management Strategy

Nil

Workforce/Workforce Management Strategy

Assessment completed by A/Manager P&D

Legal and Risk Management

The submitter and applicant will have appeal rights.

Performance Measures

Assessment has exceeded 42 days but in full consultation with applicant to avoid an earlier proposed refusal and to achieve a satisfactory outcome.

Project Management

Nil

Ordinary Council Meeting Business Agenda

26 March 2024

14.3 Development Application - DA-56-2022 - part Change of Use to Dwelling and Alterations and Additions - 132 Bridge Street URALLA

Department:	Infrastructure & Development
Prepared By:	Acting Manager Planning Development
Authorised By:	General Manager
Reference:	UINT/23/17280
Attachments:	1. Submission (redacted) ⇩ 2. Section 4.15 Assessment Report ⇩ 3. Applicant Further Justification & Response to Submission ⇩ 4. Plans of Development ⇩ 5. Draft Notice of Determination ⇩
LINKAGE TO INTEGRATED PLANNING AND REPORTING FRAMEWORK
Goal:	3. We are good custodians of our environment
Strategy:	3.2. Maintain a healthy balance between development and the environment

Note to Councillors

Development applications require a decision of Council which MUST be either:

• Approval with conditions (to be prepared by the Manager Development and Planning) OR

• Refusal with reasons.

Summary

The Development Application (ref: DA-56-2022) seeks approval for a change of use from a commercial premises (former saddlery) to a dwelling with alterations and additions to the existing building comprising an attached car garage at the front and open sided skillion-type extension at the rear.

The development site is lot 2 DP 17565, also identified as 132 Bridge Street, Uralla NSW 2358. The land is zoned R1 General Residential under the Uralla LEP 2012 and has a total area of 956sqm.

Key steps within the assessment process are included below:

· The proposal was neighbour notified from 12 October 2022 to 28 October 2022 and one submission was received objecting to the development.

· Additional information was provided by the applicant on 15 August 2023, including an updated set of plans showing the dwelling, amenities (toilet & laundry) and BASIX certificate.

· On 13 October 2023, Council sought additional information from the proponent, including an amended set of architectural plans demonstrating compliance with the floor area and private open space requirements for outbuildings (sheds) under the Uralla DCP 2011. No response was received. The development application was proposed to be included on Council’s Agenda for its December Ordinary Meeting. Following a site inspection by Councillors and senior officers, the applicant elected to provide amended plans, and the decision was deferred to a later meeting.

· Revised plans were submitted to Council on 14 February 2024. The proposal is now considered acceptable. As part of the Development Application process, the original submitter has been provided with a copy of the amended plans, and has upheld their submission.

The application has been referred to the Council for determination as one submission objecting to the proposal was received. An assessment of the proposal under section 4.15 of the Environmental Planning and Assessment Act 1979 (EP&A Act) concludes that within the limits of the matters for consideration, the proposed development, as amended, achieves the objectives of the R1 General Residential zone on balance, and is not contrary to the provisions of the Uralla Development Control Plan 2012.

Recommendation

That Council approves the Development Application (ref: DA-56-2022) for a part Change of Use to Dwelling and Alterations and Additions at Lot 2 DP 17565, land also known as 132 Bridge Street URALLA, subject to the conditions of consent in the attached Notice of Determination.

Report

The proposal relates to the former Mackellar Saddlery building (commercial use), which ceased operation around 2005. Its layout can be broadly summarised as consisting of a retail front component together with a ‘back-of-house’ workshop/production area.

In terms of the building form, it is constructed of brick, and with two dominant gable roof forms (narrower at front, wider at rear). A flat roofed width part rear projection and detached outbuilding (at the rear) are also included on the site.

The current use of the building is difficult to characterise: at face value, the use may appear to align with ‘storage premises’ pursuant to the LEP 2012, however Councils officer is satisfied that despite occupying the footprint of the existing building and curtilage, the use occurring is not genuinely commercial (meaning the above definition cannot be applied). In this regard, it is noted that the submitted objection describes the land use as light industry, through an affidavit.

The proposal seeks approval for conversion of part of the building to a studio-style dwelling (1 bedroom), together with Alterations and Additions, included in summary as follows:

· Construction of a garage within the side eastern side return of the building. The garage works would require raising of the roofline to match the rear gable, together with associated front elevation fenestration works. This work would not cause any change to overall height or setbacks of the building.

· Construction of a rear skillion style, open sided shed extension. This extension would have:

o A footprint of approximately 146m2 (sitting over the 24m2 residential dwelling part).

o Side setbacks of 2.7m and 3.22m (level with host building)

o Rear setback of 6.8m

o Maximum height of approximately 5.5m, sloping to sides (gable-style roof).

The proposed development with the LEP zoning map is shown below:

Figure 1: Zoning Map

Figure 2: Aerial View (source: Google Earth)

Figure 3: Aerial View showing proposed extensions

Figure 4: Elevations

The garage is an acceptable form of development. While the proposal would increase the scale of the development, and reduce some visual softening (through removal of the ‘stepped’ style roof form and infilling of the footprint), in the context of the existing characteristics of the host building, this is acceptable. In some instances negotiations may have occurred to provide a more subordinate garage footprint (i.e. recessed from front elevation), however for a single garage this has not been considered necessary.

The original use of the space relevant to the residential dwelling change of use appears to have been an office and kitchenette. The residential change of use is unusual in its scale and proportionality to the host building, with it occupying a small footprint, as well as being retrospective and having detached laundry and bathroom. However, the use itself is permissible with consent, and on balance is consistent with the objectives for the zone and Development Control Plan.

Figure 5: Previous Layout (source: realestate.com, 2015)

The rear extension is not convincingly justified by the dwelling use, and the ‘existing use’ rights of the Saddlery have been extinguished (meaning that a new or continuation of commercial use would now be prohibited). However, the proposal does not seek to extend or commence any commercial or industrial use: it is stated that the proposed rear extension would facilitate undercover protection of a campervan. The proposal is considered ultimately to be permissible with consent and within the limits of ‘Alterations and Additions’ given the residential aspect.

In the context of an extension only, as amended the proposal would be reasonably subordinate to the host building, achieved through acceptable setbacks, and sitting comfortably within residential height limitations (despite exceeding the height of the host building). It is further noted that the proposal would not give rise to material impact on the amenity of adjoining occupiers, in relation to matters such as privacy, overshadowing, loss of outlook/added sense of enclosure and the like.

On balance, it is reasonable to recommend approval of the application, subject to recommended conditions. This will include restrictions regarding commercial and industrial land use (except where exempt by any Environmental Planning Instrument).

Council’s officer also acknowledges that separate compliance investigation may be required to manage the site. Regardless of the whether the land use is commercial or otherwise, it ultimately needs to be characterised and restricted to an acceptable use. At the same time, it is worth noting that the use of the land has essentially been occurring in some inconsistent form (in a planning sense) for approximately nineteen (19) years (including vehicle storage). This is not an uncommon situation where ‘existing uses’ cease and market forces are not sufficient to drive development towards a permissible use. For the benefit of Council, uses which are permitted with consent in the R1 General Residential Zone are as follows:

Attached dwellings; Boarding houses; Building identification signs; Business identification signs; Camping grounds, Caravan parks; Centre-based child care facilities; Community facilities; Dwelling houses; Educational establishments; Emergency services facilities; Environmental protection works; Exhibition homes; Exhibition villages; Flood mitigation works; Group homes; Health services facilities; Home businesses; Home industries; Hostels; Information and education facilities; Local distribution premises; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Residential accommodation; Residential flat buildings; Respite day care centres; Semi-detached dwellings; Seniors housing; Sewage reticulation systems; Shop top housing; Tank-based aquaculture; Tourist and visitor accommodation

The attached report (s4.15 EPA Act 1979) provides further assessment of the development application (DA-56-2022) submitted for a part Change of Use to Dwelling and Alterations and Additions to building at Lot 2 DP 17565, land also known as 132 Bridge Street URALLA. The report demonstrates the acceptability of the proposal on balance, having regards to statutory matters of consideration.

Conclusion

The proposed development is permissible with the consent of Council. The proposed development on balance complies with the relevant aims, objectives and provisions of Uralla LEP 2012 (as amended) and DCP 2011. A Section 4.15 assessment of the development indicates that the development is acceptable in this instance, following amendments. Attached is a Notice of Determination outlining conditions considered appropriate to ensure that the development proceeds in an acceptable manner.

Council Implications

Community Engagement/Communication

The application was notified in accordance with the Uralla Community Engagement Plan related Community Participation Plan.

Policy and Regulation

Consistent with Uralla LEP 2011

Financial/Long Term Financial Plan

No financial impacts

Asset Management/Asset Management Strategy

Nil

Workforce/Workforce Management Strategy

Assessment completed by A/Manager P&D

Legal and Risk Management

The submitter and applicant will have appeal rights.

Performance Measures

Assessment has exceeded 42 days but in full consultation with applicant to avoid an earlier proposed refusal and to achieve a satisfactory outcome.

Project Management

Nil

Ordinary Council Meeting Business Agenda

26 March 2024

14.4 Works Report Report - March Quarter 2024

Department:	Infrastructure & Development
Prepared By:	Manager Civil Infrastructure
Authorised By:	Executive Director Infrastructure & Development
Reference:	UINT/24/3184
LINKAGE TO INTEGRATED PLANNING AND REPORTING FRAMEWORK
Goal:	4. We are an independent shire and well-governed community 2. We drive the economy to support prosperity
Strategy:	4.2. A strategic, accountable and representative Council 2.3. Communities that are well serviced with essential infrastructure

Summary

A report to inform of works undertaken in the past quarter under Council’s Infrastructure program.

Recommendation

That Council Note the Report.

Report

Works Undertaken in the Past Quarter (January, February, and March 2024)

Main Road Maintenance
MR73 Thunderbolts Way and MR124 Bundarra Road	Bitumen patching of road surface defects.
MR73 Thunderbolts Way north	Bitumen edge strip correctional work.
MR73 Thunderbolts Way and MR124 Bundarra Road	Roadside slashing
MR132 Barraba Road	Maintenance grading and table drains.

Sealed Roads Maintenance
Uralla streets	Pothole patching. Street sweeping to remove aggregate from intersections and dirt from gutters to clear drainage.
Rural sealed roads	Pothole patching, drainage maintenance and roadside slashing
Kingstown Road, Gwydir River Road and Gostwyck Road	Bitumen edge strip work.

Unsealed Roads Maintenance Grading
Invergowrie and Dumaresq area unsealed roads, Clerks Creek Road, Georges Creek Road, Bendemeer Road, Warrabah Road	Maintenance grading and table drains.
Hillview Road	Repair of washout and clear obstructed culvert. Renewal of damaged culvert.

Construction
MR73 Thunderbolts Way (Scrubby Gully project)	Earthworks including vegetation clearing over the full 5km project. Widening, importation of nominal 100mm gravel overlay and base course stabilisation along first 3.8km section.

Bridge / Sign
Rural bridges	General deck and scupper drainage outlet clearing.

Town and Parks
Uralla	Maintenance of playground equipment.
	Weed spraying and mowing
	Vegetation control along pathway edges in parks
	Hampden Park car park patching
Bundarra	Mowing parks and verges
	Urban drainage maintenance
	Structures maintenance

Works Scheduled To Be Undertaken the following Quarter (April, May, and June 2024)

Regional Sealed Road Maintenance

Bitumen patching of surface defects, roadside slashing, and sign maintenance

Rural Sealed Roads Maintenance

Rural Roads

Bitumen patching of potholes and edges.

Patching of pavement defects with bitumen patching to hold until flood damage repairs are approved.

Roadside slashing.

Sign maintenance

Unsealed Roads Maintenance

Carlowrie Road, Old Kingstown Road, Hardens Road.

Rocky River area unsealed roads and Gostwyck area unsealed roads including Hillview Road.

Maintenance grading.

Table drain and mitre drain maintenance.

Hillview Road

Clearing of obstructed drainage culverts. Renewal of damaged culvert structures including headwalls for improved pavement material retention.

Bridge/Sign
Bridges in general	Deck drainage outlet clearing where crews are available.
Signs	Reinstatement of missing signs or replacement of faded signs that are no longer clear

Construction
MR73 Thunderbolts Way (Scrubby Gully project)	Bitumen surfacing of the first 3.8km section early in April. Gravel overlay and base course stabilisation over the remaining 1.2km section. Completion of bitumen surfacing.
MR73 Thunderbolts Way (Laura Creek project)	Rehabilitation design of alignment and pavement work to be undertaken through consultants.
Kingstown Road (Kentucky Creek Blackspot project)	Alignment, shoulder widening and roadside barrier design to be undertaken through consultants. Commencement of initial clearing and earthworks.

Town Areas

General maintenance and mowing, parks and cemeteries maintenance in Uralla and Bundarra.

Traffic support functions for public events around the Autumn, Easter and Anzac Day period.

Clearing of gutters near drainage inlet structures / stormwater pits to enhance the effectiveness of the underground stormwater system.

Sign maintenance including replacement of faded signs around schools and the main Bridge Street business area.

Line marking of transverse markings including intersection hold lines.

ROLLING PROGRAM – MAJOR PROJECTS– TARGETS AND STATUS

Project	Source of Funds	Budget	Target Date for Completion	Status
Kingstown Road, Uralla (9.5 to 10.05km)	Local Roads Community Infrastructure Phase 3	$252,330	30-Dec-23	Completed
Northeys Road, Uralla (1.5 to 2.5km)	Local Roads Community Infrastructure Phase 3	$277,585	30-Dec-23	Completed
Northeys Road, Uralla (1 to 1.5km)	Local Roads Community Infrastructure Phase 3	$134,752	30-Dec-23	Completed
Northeys Road, Uralla (2.5 - 3.25km)	Local Roads Community Infrastructure Phase 3	$212,232	30-Dec-23	Completed
Gostwyck Road, Uralla (8.25 - 9.25km)	Local Roads Community Infrastructure Phase 3	$277,587	30-Dec-23	Completed
Gostwyck Road, Uralla (2-2.25,2.5-3.75,5.25-5.75,6.25-6.75km)	Local Roads Community Infrastructure Phase 3	$410,992	30-Dec-23	Completed
Kingstown Road, Uralla (9.5 to 10.05km)	Local Roads Community Infrastructure Phase 3	$252,330	30-Dec-23	Completed
Various Roads Resheeting Uralla Shire Council rural LGA (Hardens)	Local Roads Community Infrastructure Phase 3	$278,725	30-Dec-23	Completed
Thunderbolts Way MR73, North of Uralla – Ferndale Segment Ch27.7km to 29.2km (1,500m x 8m) (0 at Uralla St, North)	Regional and Local Roads Repair Program	$780,000	30-Jun-25	Completed
Warwick St, Uralla 2 sections, McCrossin Street to Rock Abbey Road (550m x 6m), & Barleyfields Intersection (600m x 7m)	Regional and Local Roads Repair Program	$487,500	30-Jun-25	Completed
Bergen Road, Kentucky 1km x 5m comprising 2 discrete sections	Regional and Local Roads Repair Program	$325,000	30-Jun-25	Completed
Mihi Road Mihi, Intermittent patch gravelling 1km	Regional and Local Roads Repair Program	$86,908	30-Jun-25	Completed
Part A - Roads and/or Community Infrastructure	Local Roads Community Infrastructure Phase 4	$596,106	30-Dec-25	Projects being determined
Part B – Roads Only	Local Roads Community Infrastructure Phase 4	$343,847	30-Dec-25	Projects being determined
Stage 1 -TWO MILE CREEK, ABINGTON THUNDERBOLTS WAY - NORTH OF URALLA (Chainage 49.2 to 50.9km)	Restart NSW Fixing Country Roads Round 6 Project RNSW2724	$3,942,782	30-Jun-26	Roadwork pavement and sealing completed, Guardrail upgrade being reviewed.
Stage 2 - Laura CREEK, Thunderbolt Way - NORTH OF URALLA (Chainage 62.2 to 63.7km)	Restart NSW Fixing Country Roads Round 6 Project RNSW2724	As above – part of $3.9M	30-Jun-26	Awaiting consultant-led design required for construction
Stage 3 - Scrubby Gully, ABINGTON THUNDERBOLTS WAY - NORTH OF URALLA (Chainage 11-16km)	Restart NSW Fixing Country Roads Round 6 Project RNSW2724	As above – part of $3.9M	30-Jun-26	Section of 3.8km under construction with pavement stabilisation in March and sealing early April 2024.
RERRF – Various Roads	Regional Emergency Road Repair Fund	$2,353,990	30-Jun-27	Detailed Work Plan being compiled for submission by end of April 2024
Project 1 - Parks Gardens and Open Space Facilities	Stronger Country Communities Fund (Round 5)	$332,238	30-Dec-24	Planned but not yet commenced
Project 2 - Upgrade and enhancement of sporting Facilities	Stronger Country Communities Fund (Round 5)	$535,442	30-Dec-24	Planned but not yet commenced
Project 1 - Uralla tourism campaign, branding and signage Project - Find Yourself in Uralla slogan	Severe Weather & Flood Grant - August/September 2022 - AGRN 1030 & AGRN 1034 –	$85,000	30-Jun-26	Grant application – further information to be submitted
		$85,000	30-Jun-26	Grant application – further information to be submitted
Project 2 - Project Name Council asset management software and tracking equipment that supports resilience	Severe Weather & Flood Grant - August/September 2022 - AGRN 1030 & AGRN 1034 –	$255,000	30-Jun-26	Grant application – further information to be submitted
Project 3 - Uralla Stormwater Management Plan	Severe Weather & Flood Grant - August/September 2022 - AGRN 1030 & AGRN 1034 –	$155,000	30-Jun-26	Grant application – further information to be submitted
Project 4 - Uralla Landfill stormwater and drainage improvements to increase disaster resilience to reduce the impact of future flood disaster	Severe Weather & Flood Grant - August/September 2022 - AGRN 1030 & AGRN 1034 –	$160,000	30-Jun-26	Grant application – further information to be submitted
		$160,000	30-Jun-26	Grant application – further information to be submitted
Project 5 - Uralla shared cycle path Project Stage 8	Severe Weather & Flood Grant - August/September 2022 - AGRN 1030 & AGRN 1034 –	$34,000	30-Jun-26	Grant application – further information to be submitted
Project 5 - Uralla shared cycle path Project Stage 8		$34,000	30-Jun-26	Grant application – further information to be submitted
Project 6 - Rehabilitation of Uralla Creek	Severe Weather & Flood Grant - August/September 2022 - AGRN 1030 & AGRN 1034 –	$155,000	30-Jun-26	Grant application – further information to be submitted
Project 6 - Rehabilitation of Uralla Creek		$155,000	30-Jun-26	Grant application – further information to be submitted
Project 7 - McMaugh Gardens Aged Care Centre storm damaged roof over walkway improvement to facilitate relief, recovery and resilience	Severe Weather & Flood Grant - August/September 2022 - AGRN 1030 & AGRN 1034 –	$130,000	30-Jun-26	Funding Body has now Approved to Proceed
		$130,000	30-Jun-26	Funding Body has now Approved to Proceed
Project 8 - Bundarra walking/cycle track to Sports Centre- Stage one		$61,000	30-Jun-26	Grant application – further information to be submitted
		$61,000	30-Jun-26	Grant application – further information to be submitted
The Glen, The Court House, and Pioneer Park, Rotary Park	Legacy Projects	$ 2,925,000	30-Jun-24	90% Complete

The following road project works are funded and are being finalised / or scheduled to be undertaken in coming months:

Project: Rehabilitation Rural Roads

Funded: Fixing Local Roads and Local Roads and Community Infrastructure Programs

Rehabilitation works under this program on Gostwyck Road, Kingstown Road, Northeys Road and Hawthorne Drive are now all completed. Finalisation of the grant is being undertaken with Transport NSW.

Project: Road Safety Program - School Zone Infrastructure Sub Program

Refuge structures and facilities have been installed. Finalisation of any outstanding minor works is being done and acquittal of the project arranged with Transport NSW.

Fixing Local Roads - Pothole grant funding

The Pothole Repair grant funding under this program ended in December 2023. Works have been completed and finalisation of the grant is being undertaken as a matter of urgency to complete reporting of actual works done and acquittal of costs incurred.

Pathway extension grant fund

Council has secured a further $50,000 grant from the State Government to extend a shared pathway on Plane Avenue to the sports complex. The grant will compliment works already undertaken and see a further extension of the 1.7-kilometre shared pathway from King Street via Maitland Street and Plane Avenue to the Uralla Sports Complex.

Natural Disaster Declaration

Uralla Shire Council was declared a Natural Disaster Area by Transport NSW. Council officers inspected damaged infrastructure with representatives from Transport NSW and detailed documentation of Council’s claim including pre-existing condition evidence and cost estimates are being prepared for submission under four separate packages. This claim for cost of repairs is now likely to be in excess of $3million. This claim is still a work in progress.

Works that were undertaken to provide urgent temporary repairs and interim works to keep roads open are being monitored for safety until final approvals are received for rectification work.

Conclusion

The works progress report provides Council with information on the works progressed or completed in the first quarter of 2024, and indicates the works proposed for the April to June 2024 period.

Council Implications

Community Engagement/Communication

Weekly posts to Council’s Facebook and internal weekly Councillor Bulletin keeps the community and councillors informed of progress.

Council staff also response to customer requests for maintenance issues on the road network.

Policy and Regulation

Procurement Policy

Transport Asset Management Policy

Financial/Long Term Financial Plan

The Capital Works Program is being reviewed for all externally grant funded projects and the delivery timeframe for

A number of projects are being finalised with project completion reporting required to the funding bodies.

These grants are then acquitted in respect to expenditure incurred on each grant project.

Asset Management/Asset Management Strategy

The works program is undertaken in accordance with Asset Management Plans and relevant condition data. As part of the forth coming asset revaluation process for Transport Assets, more current condition assessment is being programmed. Any updated condition data will then be used to review future capital renewal priorities.

Workforce/Workforce Management Strategy

Council staff and equipment is fully utilised on maintenance activities and some of the additional grant funded works. Specialist activities including stabilisation and bitumen surfacing are undertaken through contractor engagements to complete projects.

Legal and Risk Management

Local Government Act 1993 (NSW)

Roads Act, 1993 (NSW)

Work Health & Safety Act 2011 (NSW)

Environmental Planning & Assessment Act 1979 (NSW)

Maintaining Council assets keeps the assets in satisfactory condition and the network serviceable. Funding of major project renewals allows for the long term replacement of assets before they fail, hence improving safety and reducing risk exposure.

Performance Measures

Works are completed to appropriate engineering standards, within budgetary limitations, and programmed to gain efficiencies in construction where practical.

Project Management

Manager of Civil Infrastructure, Asset Manager, Co-ordinator Civil Works and Director Infrastructure and Development work together to undertake the management of routine asset maintenance and the construction works under major renewal projects.

Ordinary Council Meeting Business Agenda

26 March 2024

14.5 Project Updates - Public Spaces Legacy Program

Department:	Infrastructure & Development
Prepared By:	Manager Projects
Authorised By:	Director Infrastructure & Development

Summary

The purpose of this report is to provide Council with the current status and outlook for the three (3) Public Spaces Legacy Program (PSLP) grant funded projects being undertaken by Council; namely:

· The Rotary Park Upgrade;

· The Glen Upgrade (including Constellations of the South); and

· The Pioneer Park Upgrade.

Recommendation

That Council notes the update and status reports for the Rotary Park Project; the Pioneer Park Project; and the Glen Project.

Report

Project updates

This status update report was current on 12 March 2023.

Professor Fred Watson has stated he would be honoured to attend the official opening of the PSLP projects. He has indicated he would also be available for a “Science in the Pub” event. The Grants Officer has taken over the organisation of the opening event and has confirmed that a further high profile dignitary is interested in attending. The executive team have received excellent guidance and support via Dr Conway, Director of UNE’s Smart Incubator (NOVA), and are currently planning a myriad of activities around the official opening which will include the Minister for Planning and Open Spaces (our funding partner for the PSLP projects), the Honourable Paul Scully or a senior representative.

The opening, and multiple activities are being scheduled for 21 June 2024 which also marks the winter solstice this year.

PSLP Project 1 - Rotary Park Upgrade – The Rotary Park Upgrade Project has reached full Practical Completion. With signage still to be reinstated.

PSLP Project 2 - Pioneer Park Upgrade – Project construction continues with the spiral pathway now being sealed. Lights for the entry statement and rear wall have arrived. Artists are currently working on the entry statement mosaic designs. The first mow and over-seeding of the turf has taken place. The sprinkler system coverage has been adjusted.

The final Stage 1 Park should be opened to the public by late March with a temporary exclusion zone around the entry statement section, due to be completed end of April.

PSLP Project 3 - The Glen Upgrade (including The Constellations of the South)

Infrastructure –Two park benches received with the accessible table setting are being installed the week of 11 March.

A recommendation from UTEC on the information panels is due later this month. The original information shelter structure will be upgraded.

Constellations of the South – This component involves the delivery of eight (8) Artwork sculptures. Musca and Pavo have been erected, leaving Hydrus due early April. Artist statement plaques have been received for installation. The earth around the obelisk plinths will be levelled and seeded.

Signage to front the car park for the Constellations of the South and the dog park is under development.

Funding and Reporting

Council officers are continuing to work with the Department of Planning and Environment (DPE) to ensure the requirements of the funding agreement are met. This is now monitored by monthly reporting until project completion.

Conclusion

The PSLP Projects are either complete (Rotary Park) or proceeding at pace (The Glen and Pioneer Park). The construction phase of the projects is on schedule to be completed late March 2024, in-line with the new direction from the funding partner to finish when practically possible. The PSLP expenditures for each project remain healthy and within the original budgetary limits. The final body of work will be the creation and application of ceramic art to the entry statement area, which is now underway.

Significant physical advances have been made for both remaining project sites.

This report recommends that Council note the current status of the PSLP Projects.

Council Implications

Community Engagement/Communication

Significant community and key stakeholder consultation has been undertaken to this point and it is the project delivery team’s intention to maintain a high level of communication with all parties into the future.

Policy and Regulation

Uralla Shire Council Procurement Policy, NSW Local Government Act and Regulations.

Financial/Long Term Financial Plan

All three projects are being undertaken via capital funding from the NSW Government, therefore the draw on Council’s capital resources is negligible. However, all three assets will have new and higher ‘replacement costs’ following their enhancements. That will result in higher than previous annual depreciation figures in Council’s Annual Financial Statements. There may be some additional increases to Council’s annual operating and maintenance budgets.

Asset Management/Asset Management Strategy

The renewal and refurbishment work undertaken on each of the three project sites will effectively establish three new and upgraded (more high value) assets, each with a new lifespan. Once completed, the finished assets will be accounted for, at their new higher replacement costs, on Council’s Asset Register and the resultant future operating and maintenance costs defined in Council’s Buildings Asset Management Plan.

Workforce/Workforce Management Strategy

To achieve deliverables expected under the funding deeds, some elements of works at the Glen have been undertaken internally by Civil Infrastructure staff, having no bearing on usual maintenance works.

Legal and Risk Management

All current work on the projects is in accordance with Council resolutions. Project budgets are being closely managed.

Performance Measures

Council is currently compliant with the performance measures issued with the Funding Deed from the Grant Partner.

Project Management

The Projects are being effectively delivered via contracted resources, with some input from the Civil Infrastructure workforce, under Council supplied project management, costed through the funding.

Ordinary Council Meeting Business Agenda

26 March 2024

14.6 Proposed Uralla Shire Council Renewable Energy Community Benefit Framework

Department:	General Manager’s Office
Prepared By:	General Manager
Authorised By:	General Manager
LINKAGE TO INTEGRATED PLANNING AND REPORTING FRAMEWORK
1. Renewable Energy Community Benefit Policy - amendments ⇩ Attachments:
Goal:	3. We are good custodians of our environment
Strategy:	3.1. To preserve, protect and renew our beautiful natural environment 3.2. Maintain a healthy balance between development and the environment

Summary

Increasing numbers of renewable energy projects are planned within the Uralla Shire in various stages of the State assessment process. Planning agreements will be entered into with renewable energy developers to secure community benefits in accordance with Council’s adopted Community Benefit Policy. These future community benefit payments are a once in a generation opportunity to deliver long term community legacy projects.

It is important for Council to establish a strategic framework in which to effectively manage community benefit payments in the best interests of the community. It is recommended that Council implements a number of key measures including:

· Creating a Renewable Energy Community Benefit Restricted Fund;

· Establishing a Renewable Energy Community Reference Group to provide advice to Council on community legacy projects to be funded from future renewable energy community benefit payments; and

· Calling for public nominations for membership of the Renewable Energy Community Reference Group.

Council adopted its Renewable Energy Community Benefit Policy on 28 November 2023. Following discussions at COREM (Council of Renewable Energy Mayors), and to align with the NSW State Renewable Energy Policy Guidelines recently exhibited, it is recommended that Council amends the Policy to ensure community benefit payments are in line with development returns.

Recommendation

That Council amends the Renewable Energy Community Benefit Policy as follows:

a. Delete requirement for payment to be based on 1.5% of Capital Investment Value (CIV) and insert requirement for payment to be based on $850 per MW per annum for solar energy development, and $1050 per MW per annum for wind energy development; and

b. Add requirement for benefit payments to continue over the life of the development and indexed to CPI,

c. Add the establishment of a Community Reference Group which will provide advice to Council on the projects for which community benefit funds will be allocated; and

d. Other minor changes as shown in the attached draft.

2. Creates a single Uralla Renewable Energy Community Benefit Restricted Fund for all future community benefit payments until allocated to agreed community legacy projects.

3. Notes that community legacy projects will be determined in consultation with community.

4. Establishes a Renewable Energy Community Reference Group to advise Council on community legacy projects to be funded from future renewable energy benefit payments, and calls for nominations from members of the public.

Report

A number of renewable energy projects in the Uralla Shire are in various stages of assessment, and Council is negotiating various planning agreements to formalise community benefit payments. Other negotiations will take place as they progress in the State Significant Development assessment process. Once executed, the planning agreements will provide certainty about future community benefit payments. Council has a once in a generation opportunity to work with the community to develop a long term strategic plan for community legacy projects that will provide lasting and widespread community benefits now and for future generations. It is anticipated that our neighbouring New England councils will also develop similar community reference groups and there may be an opportunity to collaborate on terms of reference and committee structure as these are progressed given some of the REZ developments straddle two LGAs.

It is important that Council establishes a strong governance framework around future renewable energy community benefit payments. Accordingly, it is recommended that Council creates a Renewable Energy Community Benefit Restricted Fund for all community benefit payments until allocated to approved legacy community benefit projects.

The NSW State Government exhibited the Draft Renewable Energy Planning Policy framework and Guidelines from 14 November 2023 to 29 January 2024. The draft documents have not yet been finalised but can be accessed via this link: Energy policy framework | Planning (nsw.gov.au)

The draft Benefit Sharing Guideline notes that the total funding for benefit sharing should be as follows:

· $850 per megawatt per annum for solar energy development; or

· $1050 per megawatt per annum for wind energy development, paid over the life of the development and indexed to CPI.

It is recommended that Council’s Renewable Energy Community Benefit Policy be amended to align with the State’s draft Benefit Sharing Guideline, and recent COREM discussions.

Conclusion

This report recommends that Council establishes a Renewable Energy Community Benefit Restricted Fund, a Community Reference Group to provide advice to Council on community legacy projects to be funded from future renewable energy payment, and approves minor amendments to the Renewable Energy Community Benefit Policy.

Council Implications

Community Engagement/Communication

It is recommended that Council establishes a Community Reference Group to provide advice to Council on community legacy projects to be funded from renewable energy community benefit payments, and calls for nominations from members of the public

Policy and Regulation

The Renewable Energy Community Benefit Policy provides a framework for Council to negotiate community benefit payments with renewable energy developers. The proposed Renewable Energy Community Benefit Restricted Fund will ensure appropriate governance and accounting processes are in place for the administration of future community benefit payments.

Financial/Long Term Financial Plan

Budget Area: Planning and Development

Funding source: Nil

Budget implications: It is proposed that a Restricted Community Benefit Fund account be established.

Asset Management/Asset Management Strategy

Nil

Workforce/Workforce Management Strategy

Nil

Legal and Risk Management

The proposed Renewable Energy Community Benefit Restricted Fund will ensure appropriate governance and accounting processes are in place for the administration of future community benefit payments.

Performance Measures

Nil

Project Management

General Manager

Ordinary Council Meeting Business Agenda

26 March 2024

14.7 Uralla Shire Housing Strategy

Department:	General Manager’s Office
Prepared By:	General Manager
Authorised By:	General Manager
Reference:	UINT/24/4042
Attachments:	1. Application Regional Housing Planning Round 2 ⇩ 2. Unsuccessful Letter on Regional Housing Strategic Planning fund Round 2 ⇩ 3. EnergyCo Agreement ⇩
LINKAGE TO INTEGRATED PLANNING AND REPORTING FRAMEWORK
Goal:	2. We drive the economy to support prosperity
Strategy:	2.3. Communities that are well serviced with essential infrastructure

Summary

Council’s application for a grant under the Regional Housing Strategic Planning Fund Round 2 in 2023 to develop a Local Housing Strategy was unsuccessful. Only 16 of the 64 applications were successful in this funding round. While the Department has advised that there will be further funding rounds, Council can’t afford to wait. The coming wave of renewable energy development has added an urgency to the need to progress the Housing Strategy now.

Council has entered into a funding agreement with EnergyCo to support our planning response to renewable energy development. It is proposed to utilise funds under the EnergyCo agreement to engage a consultant to undertake this essential work now to ensure Council has a strategic approach to the current and future housing demands and economic opportunities ahead of the increased demand from renewable energy development.

Recommendation

That Council:

1. Authorises the General Manager to proceed with the engagement of a consultant through a Request for Quotation (RFQ) procurement process for the preparation of a Local Housing Strategy for Uralla Shire.

2. Notes that there will be no cost to Council with all costs to be reimbursed through the EnergyCo funding.

Report

Council submitted an application for a grant under the Department of Planning’s Regional Housing Strategic Planning Fund Round 2 in September 2023 to enable the development of a local housing strategy. The strategy was to provide an evidence base to progress Council’s strategic planning priorities, ensuring future housing meets changing population needs, while maximising economic opportunities, in the face of the current housing shortage and the increased momentum in renewable energy development in the Northern New England region. A copy of the application is at Attachment 1.

Unfortunately, Council’s application was unsuccessful. A copy of the letter received from the Department on 16 February 2024 is at Attachment 2.

It is proposed to undertake the development of the local housing strategy utilising funds available through the EnergyCo agreement. A copy of the Letter of Agreement with EnergyCo is included at Attachment 3. The terms of the agreement cover strategic work of this nature. Preliminary discussions with EnergyCo have indicated support for the proposal and confirmed the project meets the funding agreement criteria.

The planned Local Housing Strategy would inform Council’s strategic planning to ensure that the future supply of housing in our LGA meets our changing population needs and future expected demands associated with renewable energy development in the face of the current housing shortage. The strategy would provide an evidence base for Council to progress a review of the Uralla Shire Local Environment Plan (LEP) to support economic development within the Shire and the development of a strategic approach to housing needs and the increasing demand for worker accommodation for renewable energy development.

The Department of Planning has provided clear direction that a housing strategy is required to inform an LEP review.

Conclusion

It is recommended Council approves the engagement of a consultant to prepare a local housing strategy for Uralla Shire to be funded through the EnergyCo agreement. The strategy will help inform Council’s response to worker accommodation needs associated with renewable energy development against the current housing shortage with a focus on housing affordability and economic development.

Council Implications

Community Engagement/Communication

The proposal has been discussed with EnergyCo who indicated support.

Policy and Regulation

The Department of Planning has advised that a local housing strategy is required to support proposed amendments to the Uralla Shire LEP.

Financial/Long Term Financial Plan

The consultancy costs will be reimbursed through the EnergyCo funding agreement.

Asset Management/Asset Management Strategy

Not applicable.

Workforce/Workforce Management Strategy

Not applicable

Legal and Risk Management

The RFQ process will be in accordance with Council’s Procurement Policy.

Performance Measures

The RFQ will be advertised for a period of 30 days with the project scope to include clear deliverables including timelines and milestones.

Project Management

The General Manager and the Manager Planning will oversee the project.

Ordinary Council Meeting Business Agenda

26 March 2024

14.11 Records Management Policy

Department:	Corporate & Community
Prepared By:	Service Team Leader
Authorised By:	Interim Executive Director Corporate & Community
Reference:	UINT/24/2335
Attachments:	1. Draft Records Management Policy ⇩
LINKAGE TO INTEGRATED PLANNING AND REPORTING FRAMEWORK
Goal:	4. We are an independent shire and well-governed community
Strategy:	4.3. An efficient and effective independent local government

Summary

The State Records Act 1998 (the Act) requires public officers to make and keep full and accurate records of their business activities.

This report presents the draft Records Management Policy which outlines Council’s intent, commitment and approach to meeting its obligations under the Act.

Policy documents are important as they publicly describe Council’s position on a particular topic and ensure transparency and accountability. Reviewing policies provides Council with the opportunity to identify improvements, review legislative compliance and ensure they are achieving their purpose.

The purpose of the Records Management Policy is to document Uralla Shire Council’s commitment to making and keeping full and accurate records of all its business activities

Recommendation

That Council adopts the draft Records Management Policy 2024.

Report

The State Records Act (the Act) is designed to ensure the better management of State records throughout their existence and promote more efficient and accountable government through improved recordkeeping.

Council is required to ensure compliance with the Act by:

· Making and keeping full and accurate records

· Instituting a records management program in accordance with standards and codes of best practice for records management.

· Ensuring the safe custody and proper preservation of State records, and

· Maintaining accessibility to digital and other technology dependent records.

Council is committed to meeting these responsibilities by implementing protocols and procedures which ensure that records are made, captured, maintained and disposed of in accordance with the legal, regulatory and business needs of Uralla Shire Council. The Policy establishes clear organisational responsibilities for records management and establishes the basis for protocols for accessing, archiving, disposal and destruction of records.

It is proposed that progress under the Records Management Program will be reported to the Audit Risk and Improvement Committee.

Conclusion

Council values records and information as a strategic resource that is integral to good business, evidence based decision making and meeting community expectations.

The Record Management Policy provides a framework to meet legislative obligations as well as optimise operational outcomes.

Council Implications

Community Engagement/Communication

The adopted Records Management Policy will be posted on Councils Policy Register and available on Council website.

Policy and Regulation

Government Information (Public Access) Act 2009

State Records Act 1998

State Records Regulation 2010

Financial/Long Term Financial Plan

Effective records management enables efficient access to and retrieval of records which provides for operational efficiency.

Asset Management/Asset Management Strategy

N/A

Workforce/Workforce Management Strategy

N/A

Legal and Risk Management

Effective records management is a key risk management control

Performance Measures

Council meets State Records performance benchmarks

Project Management

Team Leader Service Centre & Records