Agenda & Business PAPERS

Notice is hereby given, in accordance with the provision of the Local Government Act 1993 that a meeting of Uralla Shire Council will be held in the Council Chambers, 32 Salisbury Street, Uralla.

Ordinary Council Meeting

25 February 2025

Commencing at 4:00 PM

Statement of Ethical Obligations

The Mayor and Councillors are bound by the Oath/ Affirmation of Office made at the start of the Council term to undertake their civic duties in the best interests of the people of Uralla Shire and to faithfully and impartially carry out the functions, powers, authorities and discretions vested in them under the Local Government Act or any other Act, to the best of their skill and judgement.

It is also a requirement that the Mayor and Councillors disclose conflicts of interest in relation to items listed for consideration on the Agenda or which are considered at this meeting in accordance with Council’s Code of Conduct and Code of Meeting Practice.

Toni Averay

General Manager

 


Ordinary Council Meeting Business Agenda

25 February 2025

 

AGENDA

1          Opening & Welcome. 4

2          Prayer. 4

3          Acknowledgement of Country. 4

4          Webcast Information.. 4

5          Apologies & Applications for Leave of Absence by Councillors. 4

6          Disclosure & Declaration of Interest/s. 4

7          Confirmation of Minutes. 5

7.1            Confirmation of Minutes  Ordinary Meeting held 17 December 2024. 5

8          Urgent, Supplementary, and Late Items of Business (Including Petitions) 21

9          Written Reports from Delegates. 22

9.1            Mayor's Activity Report for December 2024 & January 2025. 22

10       Public Forum.. 24

11       Mayoral Minute. 24

11.1          Mayoral Minute - Uralla Shire Christmas Day Community Lunch 2024 at McCrossin's Mill 24

11.2          Mayoral Minute - Cost Shifting onto Local Government 25

12       Notice of Motion/Questions with Notice. 27

Nil

13       Report of Committees. 27

Nil

14       Reports to Council. 27

14.1          Councillor Representative Report - Bundarra Community Meeting 12 February 2025. 27

14.2          DA-44-2024 - Alterations and additons to existing building, extension of existing carpark and associated work - 52 Hill Street Uralla. 32

14.3          Keeping of Animals & Birds Policy (Report following Second Exhibition) 71

14.4          Striking a New Deal (SaND) Community engagement Project Plan. 135

14.5          Draft Local Housing Strategy. 150

14.6          Community Engagement Strategy - Response to submissions. 317

14.7          Plans of Management for Council managed Crown Lands (CLM) 379

14.8          Introduction of a Declared Dams Safety Level 381

14.9          Summary of Future Grants. 384

14.10        Community Donations. 388

14.11        Revised Debt Recovery Update. 390

14.12        Debt Recovery Policy Review and Hardship Policy Review.. 393

14.13        Policy on Policy Making. 412

14.14        Quarterly Budget Review December 2024-25 (QBRS) 422

14.15        Loans as at 31 January 2025. 436

14.16        Investments as at 31 January 2025. 437

14.17        Register Resolutions Actions Status as at 19 February 2025. 440

15       Confidential Matters. 445

15.1          Grace Munro Options. 445

16       Communication of Council Decision.. 445

17       Conclusion of Meeting.. 445

 

 


1            Opening & Welcome

2            Prayer

3            Acknowledgement of Country

4            Webcast Information

5            Apologies & Applications for Leave of Absence by Councillors

6            Disclosure & Declaration of Interest/s


Ordinary Council Meeting Business Agenda

25 February 2025

 

7            Confirmation of Minutes

7.1            Confirmation of Minutes  Ordinary Meeting held 17 December 2024

Department:

General Manager’s Office

Prepared By:

Executive Assistant

Authorised By:

General Manager

Reference:

UINT/25/589

Attachments:

1.        Minutes Ordinary Meeting Held 17 December 2024

 

 

Recommendation

That Council adopts the minutes of the Ordinary Meeting held 17 December 2024 as a true and correct record.

 

 


Ordinary Council Meeting Business Agenda

25 February 2025

 















 


Ordinary Council Meeting Business Agenda

25 February 2025

 

8            Urgent, Supplementary, and Late Items of Business (Including Petitions)


Ordinary Council Meeting Business Agenda

25 February 2025

 

9            Written Reports from Delegates

9.1            Mayor's Activity Report for December 2024 & January 2025

Department:

General Manager’s Office

Prepared By:

Executive Assistant

Authorised By:

Mayor

Reference:

UINT/25/591

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

The Mayor’s Activity Report outlines activities conducted during the months of December 2024 & January 2025.

 

Recommendation

That Council Receives the Mayor’s Activity report for December 2024 & January 2025.

 

Report

 

 

Mayor:   Robert Bell

Date of Council Meeting:25 February 2025

DATE

COMMITTEE/MEETING/EVENT

LOCATION

2 Dec 2024

Mayor & GM Catch up

Uralla

3 Dec 2024

Hunter New England Health Meeting with Hon Brendan Moylan

Online

3 Dec 2024

Information Sessions for Councillors

Uralla

4 Dec 2024

School Presentation – End of Year Celebration

Bundarra Central School

4 Dec 2024

Grace Munro Christmas Celebration

Bundarra

4 Dec 2024

School Presentation – End of Year Play

Uralla St Josephs College

5 Dec 2024

Meeting Hon Brendan Moylan

Uralla

5 Dec 2024

School Presentation – End of Year Celebration

Uralla Central School

5 Dec 2024

Christmas Street Fair Celebration on set up and coordination of the event -  afternoon tea

Uralla

7 Dec 2024

Fairy Festival

Uralla

9 Dec 2024

Mayor & GM Catch up

Uralla

10 Dec 2024

Judging Staff Xmas Decorations

Uralla

11 Dec 2024

School Presentation – End of Year Celebration

Kingstown School

11 Dec 2024

McMaugh Gardens Christmas Party

Uralla

11 Dec 2024

SaND Engagement Workshop

Court House

12 Dec 2024

Staff Christmas Party

Uralla Golf Club

12 Dec 2024

School Presentation – End of Year Celebration

Kentucky School

16 Dec 2024

Mayor & GM Catch up

Uralla

17 Dec 2024

Service Awards for Staff

Uralla

17 Dec 2024

Ordinary Council Meeting

Uralla

17 Dec 2024

End of Year Dinner for Councillors

Uralla

19 Dec 2024

DPHI REZ Meeting

Online

 

 

 

7 Jan 2025

Meeting with GM

Uralla

8 Jan 2025

Australia Day Committee Meeting

Uralla

9 Jan 2025

Meeting with GM/Group Manager – discussion on Bundarra Water

Uralla

13 Jan 2025

Mayor & GM Catch up

Uralla

15 Jan 2025

2AD Interview

Online

20 Jan 2025

Presentation Dam Survey – Znet

Court House

21 Jan 2025

Regional Community Consultation Standards Bill workshop – University of Sydney

Narrabri

21 Jan 2025

Geni-Energy Meeting

Narrabri

22 Jan 2025

Information Session for Councillors - LTFP

Uralla

26 Jan 2025

Australia Day Awards & Activities

Alma Park Uralla

27 Jan 2025

Mayor & GM Catch up

Uralla

29 Jan 2025

2AD Interview

Online

29 Jan 2025

Meeting Hon Brendan Moylan

Uralla

 

 


Ordinary Council Meeting Business Agenda

25 February 2025

 

10         Public Forum

11         Mayoral Minute

11.1          Mayoral Minute - Uralla Shire Christmas Day Community Lunch 2024 at McCrossin's Mill

Reference:

UINT/25/566

 

SUMMARY

The first ever Uralla Shire Christmas Day Community Lunch was held on Christmas Day 2024 at McCrossin’s Mill. The event was organised by a small group of Uralla Shire residents with the goal of ensuring that everyone in our community had an opportunity to share in the fellowship and joy of Christmas with friends, both old and new.

 

Recommendation

That Council receives this Mayoral Minute and congratulates the organisers and generous sponsors of the inaugural Uralla Shire Christmas Day Community Lunch.

 

Report

The 2024 Christmas season showcased the Uralla Shire community spirit, marked by several firsts. Our inaugural Christmas Street Fair Was a huge success and a great event enjoyed by visitors and locals alike.  This was followed by the first ever Christmas Day Community Lunch held on Christmas day at McCrossins Mill and attended by 85 people, with a further five Christmas lunches home delivered.

The lunch was the brainchild of our wonderful librarian, Amanda Williams who, with the help of a small group of locals, rallied support from community groups and businesses alike to make the Community Lunch a reality. A big thank you to the committee organisers: Amanda and Steve Williams, Annie Mayo, Carol Barnden, Emily Sims, Julianne Lilly, Helen Vujanovic, Lynne Barnett and Scott Green of ACEN.

A generous donation from ACEN provided the funding for the event, which the organising committee ensured was spent almost exclusively with local businesses.

Local businesses Alternate Root, Foodworks, Bling & Things, Moons Bakery, The Lolly Shop, Seasons of New England, Thunder Graphics and Rapid Clean New England all went over and above to make the day as special as possible.

Remarkably more than 30 volunteers attended on the day to provide the lunch, with even more turning up “just in case”. In addition, community stalwarts Uralla Neighbourhood Centre, CWA and McCrossin’s Mill all provided invaluable input and support for the day.

The organising committee found were overwhelmed and humbled by the outstanding support provided for the event. The event truly captured the spirit of Christmas!

We are incredibly proud of our residents and businesses in Uralla Shire for their continued support of community events and the general wellbeing of our residents.

On behalf of the Council, I extend our heartfelt thanks to everyone for their support, time, and effort.

 

Mayor

Robert Bell

 

11.2          Mayoral Minute - Cost Shifting onto Local Government

Reference:

UINT/25/2042

 

This Mayoral Minute discusses the impact of continuous cost shifting by other levels of government on local government.

The pressure on councils to continue to provide services of appropriate standard to our communities is now extraordinary.

The unrelenting growth in cost shifting to councils, coupled with rate pegging, is increasingly eroding any possibility of financially sustainable local government, and risking the capacity of councils to deliver tailored, grassroots services to their communities and properly deliver and maintain vital local infrastructure.

 

Recommendation

That Council

1.    Receives and notes the findings of the LGNSW Cost Shifting report for the 2021/2022 financial year.

2.    Places a copy of the cost shifting report on Council’s website so that our communities can access it.

3.    Writes to the Premier, the NSW Treasurer and the NSW Minister for Local Government seeking that they urgently address these costs through a combination of regulatory reform, budgetary provision, and appropriate funding.

 

 

Report

Alarmingly, the latest research commissioned by Local Government NSW (LGNSW) shows that the increase in cost shifting has been accelerated by various NSW Government policies.

A comprehensive cost shifting report produced by independent consultants Morrison Low on behalf of LGNSW for the 2021/2022 financial year found that an amount of $1.36 billion of expense has been passed onto councils to fund: ML_Report-LGNSW-Annual_Cost_Shifting.pdf. This is an increase of $540 million since the last report from the 2017/2018 financial year and represents lost services, lost opportunity and lost amenity for residents and businesses.

A further cost shifting review by LGNSW for the year 2023 has made similar findings:  Cost_Shifting_flyer.pdf (lgnsw.org.au)

On average, this represents an additional cost of $460.67 for every ratepayer across the state.

With councils having to fund this ongoing subsidy for the State Government each and every year it means our communities get less or go without. They go without better roads, they go without better parks, they go without important community services that only councils provide, and they and their ratepayers are effectively paying hidden taxes to other levels of government.

Councillors, our communities deserve better and this must stop. Prior to the most recent state election the then Minns Opposition wrote to LGNSW acknowledging that cost shifting had undermined the financial sustainability of the local government sector.

Uralla Shire Council’s key issues to consider include:

·    our massive roads maintenance responsibility

·    the burden of regional roads

·    the need for urgent reclassification of Thunderbolts Way

·    renewal and depreciation

·    provision of critical community services in a financially sustainable manner e.g. aged care and direct care even though not technically ‘core’ local government services

Waste levies

Rate exemptions

Regulatory functions

Emergency services contributions

Libraries funding

 The above equates to $591 per ratepayer per year in rural areas.

 

·    continued devolution of State functions or an absence of monitoring and regulation; for example, management of irrigators and their water licences in a rural context.

 

For Uralla Shire Council the funding limitations include:

·    the challenges created by the capping of rates

·    caps imposed by the State government on development fees and animal registration fees

·    State levies eg dam levy from 1 July 2025, and pending Cemetery levy

·    increasing legislative, governance and financial auditing requirements and costs

 

Conclusion

Now in 2025, it is important to councils and communities that the NSW Government urgently addresses cost shifting through a combination of regulatory reform, budgetary provision and appropriate funding.

 


Ordinary Council Meeting Business Agenda

25 February 2025

 

12         Notice of Motion/Questions with Notice

Nil

13         Report of Committees

Nil

14         Reports to Council

14.1          Councillor Representative Report - Bundarra Community Meeting 12 February 2025

Department:

Infrastructure & Development

Prepared By:

Director Infrastructure & Development

Authorised By:

General Manager

Reference:

UINT/25/1843

Attachments:

1.        Meeting Minutes – Council / Bundarra Community - 12 February 2025 - BSofA

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:

1.1.           A growing community with an active volunteer base and participation in community events

1.2.           A safe, active and healthy shire

4.1.           Informed and collaborative leadership in our community

4.2.           A strategic, accountable and representative Council

 

Summary

Council’s previously appointed Bundarra School of Arts Community Consultative 355 Committee ceased its tenure on 14 December 2024. In consideration of the future, Council determined that it would pursue the reestablishment of the Committee and appointed two Councillor Representatives for that purpose.

 

To that end a meeting was arranged with the broader Bundarra community on Wednesday 12 February 2025 to explore options for the reinstatement of a Bundarra 355 Committee.

 

The meeting was well attended with three councillor representatives, the General Manager, and the Director Infrastructure and Planning along with 11 community members.

 

This report provides feedback from the community meeting held on 12 February 2025 and recommends that Council continues with the reestablishment process, and in the immediate instance continues to consult with the Bundarra community before conclusively reporting back to Council with a recommendation at the earliest possible time.

 

Recommendation

 

That Council notes the report.

 

Report

 

Community Meeting of 12 February 2025

A community meeting was arranged at the Bundarra School of Arts for Wednesday 12 February 2025 and was promulgated via direct councillor and staff contact with specific community contacts, the posting of notices locally, and a letterbox drop of approximately 200 properties.

 

The effort was rewarded with the attendance of 11 interested community members comprising: John Layton, Therese Layton, Bec McLean, Lindsay Growth, Angela Iskov, Ruth Deaves , Jennifer Dezius, Jeffery Dezius, Peter Gregory, Trent Gregory, and Jackie Stibbard. Three Councillor representatives (Leanne Doran, Jen Philp and Adam Blakester) and two Council staff members (GM and DID) also attended the meeting.

Apologies were received from Max Fitzgerald, Amy Lleyton, Tanya Swan, Darren Swan, Margie Doak, Bill Doak and Matthew Monk.

 

The Agenda opened discussions regarding:

·    The reestablishment of a Bundarra specific 355 Committee, with a broader role focussed on the community as a whole as well as the Arts Hall;

·    Councillors and staff provided a high-level overview of Council’s priorities of the coming terms;

·    A discussion regarding issues and priorities for the Bundarra community; and

·    A request from Council that attending community members consider applying for membership of a future Bundarra 355 Committee.

The following Bundarra issues were raised by attending community members:

●     Caravan Park – indicative comments: “caravan park has gone downhill” – “poor signage and collection of fees” – “squatters”.

●     Emu Crossing - “squatter” - toilets and signage for honesty box - Septic tank is smelly and could do with a pump-out

●     Sewerage Pond – “odour issues” - “recurring issue used to be associated with the change of seasons” – “now becoming more common”.

●     Bringing people back to Bundarra – “festivals and events” - markets - employment - business - tourism

●     Policing - no Police in town - anti-social behaviour

●     Footpath issues – “footpaths are a priority” - hospital corner up two streets towards the Club and school to pub – “Bundarra is a poor cousin to Uralla” – “grants are redirected to the Uralla township”.

●     Waste transfer station – “used to be open 4 days now only 3 days” – “skip bins full” – “not in the right place and difficult to manoeuvre within the site”.

●     Other general items raised -

-      Public toilets

-      Bakers Creek Crossing

-      Stolen lights and solar panels at skate park

-      Services sign at entrance to town out of date

-      $27k RTC funds - reserve awaiting decision from the community about what to spend that money on

Items raised previously and still outstanding:

-      Jeff Dezius’ letter (November 24) regarding illegal dumping and other issues

-      Street tree planting

-      Public toilets

-      Earmarking donations for use on local community priorities

-      Sports Club water meter relocation & excessive usage charges due to unknown leak

 

Future Intentions

It is proposed that a further community meeting take place in March 2025 to build upon the progress made at the recent meeting. The proposed March meeting can explore further the types and levels of Council/community engagement which would be most productive for Bundarra. This would then inform the nature and scope (Terms of Reference) of a future 355 Committee in Bundarra.

 

At the time of writing four (4) Expressions of Interest for Membership of a future Bundarra 355 Committee have been received from:

1.    R. McLean

2.    L. Growth

3.    J. Stibbard

4.    S.L. Johnson

Conclusion

A highly productive community meeting was held in Bundarra on 12 February 2025. This report provides a broad outline of that meeting and recommends that Council continue to pursue the reestablishment of a Bundarra-based 355 Committee.

Council Implications

Community Engagement/Communication

Community will be informed of Council’s decision and future intentions.

Policy and Regulation

Previous S355 Bundarra School of Arts Community Consultative Committee Terms of Reference 2022

Local Government Act 1993; section 355

Financial/Long Term Financial Plan

N/A

Asset Management/Asset Management Strategy

N/A

Workforce/Workforce Management Strategy

N/A

Legal and Risk Management

N/A

Performance Measures

N/A

Project Management

Infrastructure & Development Directorate

 



 


Ordinary Council Meeting Business Agenda

25 February 2025

 

14.2          DA-44-2024 - Alterations and additons to existing building, extension of existing carpark and associated work - 52 Hill Street Uralla

Department:

Infrastructure & Development

Prepared By:

Acting Manager Planning Development

Authorised By:

Director Infrastructure & Development

Reference:

UINT/25/2772

Attachments:

1.        Plans of Development

2.        Submission (thread, including negotiations)

3.        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

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

·    Refusal with reasons.

Summary

Council has received a Development Application for Alterations and additions, extension of carpark and associated work at 52 Hill Street, Uralla.

The land is zoned RE2 (Private Recreation) and R1 (General Residential) under the Uralla LEP 2012 and contains the Uralla Bowling Club.

The application has been referred to the Council for determination given one (1) submission was received and there is public interest in the proposal.

An assessment of the proposal under Section 4.15 of the Environmental Planning and Assessment Act 1979 demonstrates that within the limits of the matters for consideration, the proposed development (as amended) achieves satisfactory compliance with relevant Environmental Planning Instruments and the Uralla Development Control Plan 2012 and is therefore recommended to be approved subject to conditions.

 

Recommendation

1.        That Council approves the Development Application (ref: DA-44-2024) for Alterations and additions, extension of carpark and associated work at Lot A DP759022, Lot 2 DP36806, Lot 1 DP368065 and Lots 4 – 6 DP 759022, land known as 52 Hill Street URALLA, subject to the conditions of consent in the attached Notice of Determination.

2.        That Council notes the submission received in response to notification of the Development Application.

 

Report

Description of Site and Surrounding Area

The subject site is known as 52 Hill Street, and legally described as Lot A DP759022, Lot 2 DP36806, Lot 1 DP368065 and Lots 4 – 6 DP 759022.

 

 The subject site is located on the corner of Hill and Queen Streets, and has the following characteristics:

 

-      Contains existing Bowling Club, with greens located at the eastern side of the land, car parking area at the west and main building located centrally.

-      Access is provided from Hill Street.

-      Land is a mix of RE2 (Private Recreation) and R1 (General Residential) under the Uralla LEP 2012.

-      Site slopes from east to west, with Uralla and Rocky Creeks affecting the land, however not impacting the development footprint.

-      Flooding aside, no other planning constraints are noted (not within a Conservation Area).

-      The land adjoins a dwelling to the south, however by virtue of Rocky Creek and corner location, no other dwellings are in proximity to the balance of the site.

 

In the context of the proposal, no other matters require noting.

 

Figure 1: Site location and context (SixMaps)

Figure 2: Aerial view showing LEP zoning and Flood Planning Area overlay

Planning History

There is no planning history for the subject site or neighbouring sites that is relevant to assessment of the application. Notwithstanding, history is as follows:

·    DA-31-2023 – LED Sign

·    DA-18-2021 – Installation of Flood Lights

·    DA-79-2019 – Solar Installation

·    DA-29-2018 – Solar Installation

·    DA-75-2015 – Signage

·    CDC-174-2008 – Kitchen upgrade

·    DA-3756-2006/A – Alterations and additions

·    DA-1209-2006 – Bus shed

 

Description of the Development

The application seeks consent for alterations and additions, extension of carpark and associated work consisting of the following:

Internal:

·    new entry, auditorium, verandah and toilets,

·    proposed new auditorium entry, lift and stairs,

·    enlarge & refurbish the kitchen to cater for dining and functions,

·    new kitchen servery,

·    new bowlers' locker room,

·    new alfresco dining area with access from the restaurant, open to bowls green,

·    operable walls to divide the new auditorium into smaller auditoria and meeting rooms.

·    children's playroom, accessed from and visible from the restaurant,

·    new storage area.

External:

Car Parking would increase from approximately 37 spaces to 90 spaces, and extend further west and south than the existing parking area.  

The existing group of tanks, ‘return and earn’ facility, and sheds shall remain.  It is unclear whether EV parking shall remain in the current location, however this is not required to be shown on plans.

A retaining wall and associated earthworks from part of the development.

-      Ancillary Works

If approved, secondary permits would be required under:

-      Section 68 of the Local Government Act 1993 (water, sewer and stormwater drainage work)

-      Construction Certificate & Occupation Certificates (for both internal works and parking area).

The development would be conditioned to also comply with all other relevant acts as necessary.

Figure 3: Site Plan including proposed landscaping

Figure 4: Site Plan

Figure 5: Internal Plan

Notification

In line with Council’s Community Participation Plan and Development Control Plan, the application was notified to adjoining occupiers. One (1) properly made submission was received.

 

The applicant amended plans following the objection, however Council’s officer considers that Council determination is appropriate given a theme of the submission may remain unresolved, and the public interest in the proposal.

 

Referrals

External

No external referrals required.

·    The development is not classified as integrated development under 4.46 of the Environmental Planning and Assessment Act 1979.

·    The development is located within 40 metres of Rocky Creek; however, Clause 31 of the Water Management (General) Regulation 2018 provides an exemption for the development because the car parking area is between the waterway and the buildings.

·    The development does not require concurrences under any environmental planning instrument. In particular, the proposal does not warrant referral to Transport for NSW (Hill Street is a classified road).

Internal

Development Engineer, Building Surveyor, Environmental Health Officer – No objections, as conditioned.

It is noted that the Building Surveyor has recommended consolidation of lots and a fire safety report, both which have been included in the recommended conditions.

ASSESSMENT

Pursuant to Clause 4.15 of the Environmental Planning and Assessment Act 1979, in determining a development application, a consent authority is to take into consideration such of the following matters as are of relevance to the development, the subject of the development application. These are included below in full, and discussed in more detail individually through the assessment.

 

(1) Matters for consideration—general In determining a development application, a consent authority is to take into consideration such of the following matters as are of relevance to the development the subject of the development application—

(a)  the provisions of—

(i)  any environmental planning instrument, and

(ii)  any proposed instrument that is or has been the subject of public consultation under this Act and that has been notified to the consent authority (unless the Planning Secretary has notified the consent authority that the making of the proposed instrument has been deferred indefinitely or has not been approved), and

(iii)  any development control plan, and

(iiia)  any planning agreement that has been entered into under section 7.4, or any draft planning agreement that a developer has offered to enter into under section 7.4, and

(iv)  the regulations (to the extent that they prescribe matters for the purposes of this paragraph),

(v)    (Repealed)

that apply to the land to which the development application relates,

(b)  the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality,

(c)  the suitability of the site for the development,

(d)  any submissions made in accordance with this Act or the regulations,

(e)  the public interest.

 

Section 4.15 – Evaluation

 

4.15(1)(a) the provisions of—

(i) any environmental planning instrument

 

STATE ENVIRONMENTAL PLANNING POLICIES

State Environmental Planning Policy (Resilience and Hazard) 2021

Chapter 4 Remediation of Land

Chapter 4 requires Council to consider whether the subject land of any development application is contaminated. If the land requires remediation to ensure that it is made suitable for a proposed use or zoning, Council must be satisfied that the land can and will be remediated before the land is used for that purpose.

An assessment of the relevant provisions of Chapter 4 of the SEPP (Reliance and Hazard) 2021 is provided in the table below.

Chapter 4 Remediation of Land

Relevant Provisions

Provisions

Comment

4.6   Contamination and remediation to be considered in determining development application

(1)  A consent authority must not consent to the carrying out of any development on land unless—

(a)  it has considered whether the land is contaminated, and

(b)  if the land is contaminated, it is satisfied that the land is suitable in its contaminated state (or will be suitable, after remediation) for the purpose for which the development is proposed to be carried out, and

(c)  if the land requires remediation to be made suitable for the purpose for which the development is proposed to be carried out, it is satisfied that the land will be remediated before the land is used for that purpose.

Council’s officer is satisfied that the land has not been subject to a previous contaminating use, including any purpose under Table 1 to the contaminated land planning guideline.

It is considered that the proposed development is satisfactory regarding the clause, and has not warranted submission of a Preliminary Site Investigation as part of the assessment.

Not other parts of the clause are considered relevant.

 

State Environmental Planning Policy (Biodiversity and Conservation) 2021

Chapter 4 – Koala habitat protection 2021

Chapter 4 aims to encourage the conservation of areas of natural vegetation that provides habitat for koalas to support a permanent free-living population over their present range and reserve the current trend of Koala Population decline. An assessment of Chapter 4 of the SEPP (Biodiversity and Conservation) 2021 is provided in the table below.

Chapter 4 Koala Habitat Protection 2021

Relevant Provisions

Provisions

Comment

Part 4.2 Development control of koala habitats

4.9   Development assessment process—no approved koala plan of management for land

(1)  This section applies to land to which this Chapter applies if the land—

(a)  has an area of at least 1 hectare (including adjoining land within the same ownership), and

(b)  does not have an approved koala plan of management applying to the land.

(2)  Before a council may grant consent to a development application for consent to carry out development on the land, the council must assess whether the development is likely to have any impact on koalas or koala habitat.

 

The land has an area more than 1ha.

The SoEE states:

“The location of the proposed alterations and additions does not propose the removal of will not require the removal of trees, only some grassland vegetation.

Given the lack of Eucalypt trees and the surrounding vegetation being predominantly grassland, and the proposed alterations and additions do not require the removal of any trees, it is considered that the development is likely to have a low or no impact on koala habitat. Clause 4.9(3) of the SEPP allows Council to grant consent without requiring a koala assessment report if the development is unlikely to have a significant impact on koala feed trees or population, in this instance, taking into consideration the lack of vegetation and the existing management practices the likelihood of a significant impact on koala feeds trees or populations is considered to be low.”

Council’s officer agrees with the applicant’s findings, and considers the proposal acceptable in this regard, and without condition or expert report.

 

URALLA LOCAL ENVIRONMENTAL PLAN 2012

The proposal is consistent with the LEP having regard to the following:

Relevant Provisions

Provisions

Comment

Part 2 Permitted or prohibited development

2.3 Zone objectives and Land Use Table

(1)  The Land Use Table at the end of this Part specifies for each zone—

(a)  the objectives for development, and

(b)  development that may be carried out without development consent, and

(c)  development that may be carried out only with development consent, and

(d)  development that is prohibited.

(2)  The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.

RE2 Private Recreation:

Objectives:

•  To enable land to be used for private open space or recreational purposes.

•  To provide a range of recreational settings and activities and compatible land uses.

•  To protect and enhance the natural environment for recreational purposes.

Within the RE2 Zone, a Bowling Club may be defined as a ‘registered club’ and/or ‘recreational facility (outdoor).  Both uses are permissible with consent within the zone (noted that the proposal does not seek any new use).

The proposal achieves the objectives for the zone.

R1 General Residential

Objectives:

•  To provide for the housing needs of the community.

•  To provide for a variety of housing types and densities.

•  To enable other land uses that provide facilities or services to meet the day to day needs of residents.

A car park is not initially permissible within the zone, however Clause 5.3 of the LEP creates permissibility and will be discussed further.

The proposal is inconsistent with the objectives, however in this context this is acceptable (discussed further within this report).

2.7   Demolition requires development consent

The demolition of a building or work may be carried out only with development consent.

Noted, captured in consent.

Part 4 Principal development standards

The proposal does not seek to vary any principle development standards.

Part 5 Miscellaneous provisions

5.3 Development near zone boundaries

See discussion at end of this table.

5.10   Heritage conservation

(4) Effect of proposed development on heritage significance 

The consent authority must, before granting consent under this clause in respect of a heritage item or heritage conservation area, consider the effect of the proposed development on the heritage significance of the item or area concerned. This subclause applies regardless of whether a heritage management document is prepared under subclause (5) or a heritage conservation management plan is submitted under subclause (6).

The proposal is acceptable giving bearing to the heritage significance of Alma Park.

5.21   Flood planning

(1)  The objectives of this clause are as follows—

(a)  to minimise the flood risk to life and property associated with the use of land,

(b)  to allow development on land that is compatible with the flood function and behaviour on the land, taking into account projected changes as a result of climate change,

(c)  to avoid adverse or cumulative impacts on flood behaviour and the environment,

(d)  to enable the safe occupation and efficient evacuation of people in the event of a flood.

(2)  Development consent must not be granted to development on land the consent authority considers to be within the flood planning area unless the consent authority is satisfied the development—

(a)  is compatible with the flood function and behaviour on the land, and

(b)  will not adversely affect flood behaviour in a way that results in detrimental increases in the potential flood affectation of other development or properties, and

(c)  will not adversely affect the safe occupation and efficient evacuation of people or exceed the capacity of existing evacuation routes for the surrounding area in the event of a flood, and

(d)  incorporates appropriate measures to manage risk to life in the event of a flood, and

(e)  will not adversely affect the environment or cause avoidable erosion, siltation, destruction of riparian vegetation or a reduction in the stability of river banks or watercourses.

Council’s officer is satisfied that the proposal will have an acceptable flood impact. In this regard, it is noted that the proposal does not seek to establish any significant structures within the flood planning area (including car parking).

 

Part 6 Additional local provisions

6.1   Earthworks

(1)  The objectives of this clause are as follows—

(a)  to ensure that earthworks for which development consent is required will not have a detrimental impact on environmental functions and processes, neighbouring uses, cultural or heritage items or features of the surrounding land,

(b)  to allow earthworks of a minor nature without requiring separate development consent.

(2)  Development consent is required for earthworks unless—

(a)  the earthworks are exempt development under this Plan or another applicable environmental planning instrument, or

(b)  the earthworks are ancillary to other development for which development consent has been given.

(3)  Before granting development consent for earthworks, the consent authority must consider the following matters—

(a)  the likely disruption of, or any detrimental effect on, existing drainage patterns and soil stability in the locality,

(b)  the effect of the proposed development on the likely future use or redevelopment of the land,

(c)  the quality of the fill or the soil to be excavated, or both,

(d)  the effect of the proposed development on the existing and likely amenity of adjoining properties,

(e)  the source of any fill material and the destination of any excavated material,

(f)  the likelihood of disturbing relics,

(g)  the proximity to and potential for adverse impacts on any watercourse, drinking water catchment or environmentally sensitive area,

(h)  any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development.

 

Earthworks will be required to facilitate the proposal. Council’s officer is satisfied that as conditioned earthworks would comply with Clause 6.1(3).

6.4   Essential services

Development consent must not be granted to development unless the consent authority is satisfied that any of the following services that are essential for the proposed development are available or that adequate arrangements have been made to make them available when required—

(a)  the supply of water,

(b)  the supply of electricity,

(c)  the disposal and management of sewage,

(d)  stormwater drainage or on-site conservation,

(e)  suitable road access.

The site is provided with relevant essential services. Conditions shall be applied to the reconsent with respect to stormwater management, which will require consideration given the increase in impermeable area.

 

Clause 5.3 of Uralla LEP 2012

(1)  The objective of this clause is to provide flexibility where the investigation of a site and its surroundings reveals that a use allowed on the other side of a zone boundary would enable a more logical and appropriate development of the site and be compatible with the planning objectives and land uses for the adjoining zone.

(2)  This clause applies to so much of any land that is within the relevant distance of a boundary between any 2 zones. The relevant distance is 50 metres.

(3)  This clause does not apply to—

(a)  land in Zone RE1 Public Recreation, Zone C1 National Parks and Nature Reserves, Zone C2 Environmental Conservation, Zone C3 Environmental Management or Zone W1 Natural Waterways, or

(b)  land within the coastal zone, or

(c)  land proposed to be developed for the purpose of sex services or restricted premises.

Note—

When this Plan was made it did not include Zone W1 Natural Waterways.

(4)  Despite the provisions of this Plan relating to the purposes for which development may be carried out, development consent may be granted to development of land to which this clause applies for any purpose that may be carried out in the adjoining zone, but only if the consent authority is satisfied that—

(a)  the development is not inconsistent with the objectives for development in both zones, and

(b)  the carrying out of the development is desirable due to compatible land use planning, infrastructure capacity and other planning principles relating to the efficient and timely development of land.

(5)  This clause does not prescribe a development standard that may be varied under this Plan.

 

A Car Park is:

·    not permissible (or envisaged) within the R1 General Residential zone; and

·    is permissible within the RE2 Private Recreation Zone.

The proposed extended car park is fully within 50m of the RE2 zone, and is therefore eligible to be considered as permissible, subject to compliance with Clause 5.3(4), and is acceptable:

·    While the proposal does not further the objectives for the R1 zone, it is also not inconsistent; and

·    Notwithstanding the R1 zoning of the land, it also is low lying in the relevant area, within the curtilage of the Bowling Club and constrained in terms of access. It is therefore reasonable and desirable for the land to be developed in an ancillary form to support the Bowling Club.

On this basis, application of Clause 5.3 to authorise the Car Park extension is considered reasonable.

No other aspects of the LEP require discussion.

4.15(1)(a) the provisions of—

(ii) any proposed instrument that is or has been the subject of public consultation under this Act and that has been notified to the consent authority (unless the Planning Secretary has notified the consent authority that the making of the proposed instrument has been deferred indefinitely or has not been approved)

 

There are no proposed planning instruments which are relevant to the assessment of the proposal.

 

4.15(1)(a) the provisions of—

(iii) any development control plan

 

URALLA DEVELOPMENT CONTROL PLAN 2012

Chapter 6 Access and Parking

Relevant Provisions

Provisions

Comment

6.4 Access and Traffic Generation

The potential of a development to create additional traffic loads on the road network needs to be assessed.

For smaller developments, there is unlikely to be any appreciable impact, and it will be sufficient to ensure that safe access (road connection and footpath crossing) is provided as required.

The proposal would not cause any material/appreciable impact on the road network. It is not considered that any upgrades to the existing crossover are required as part of this consent. 

6.5 Parking Requirements

• The provisions of this chapter will be applied to new development. The provisions of this chapter will  also be applied to the extension of an existing building or works as if it were an independent development;

• Off-street car parking provision now provided to existing developments shall be retained. Additional parking spaces required for any new development or redevelopment shall comply with the provisions of this chapter;

• In the case of a change in the use of an existing building, Council will apply the provisions of this DCP if it considers that the proposed new use will produce a substantially different parking requirement than those attributable to the existing use

• The total number of on-site parking spaces provided in association with new development shall be in accordance with the recommended ratios set out in this Chapter as appropriate, subject to any qualifications or exceptions which may be applicable in the circumstances of the case. In this regard parking proposals that provide less parking than required by this Chapter shall be supported by a parking study. (Note the specific definition of Gross Leasable Floor Area in the notes to the Standard of Provision Table below.); and

• In the event of a conflict between this chapter and an Australian Standard, the Australian Standard (AS 2890) shall prevail

Noted

 

Aims

• To provide accessible car parks; and

• To provide sufficient car parks to serve the needs of particular developments.

Acceptable Solutions

Council will require the provision of on-site car parking at the rate set out in

• 6.3 for any particular type or category of development;

• Car parking is provided on the site of the development;

• The layout and dimensions of car parking areas is in accordance with the design standards and principles as set out in Appendix B;

• Provision of car parks for people with disabilities shall be in accordance with AS 2890.6 (2009);

• All required car parking areas, driveways, turning areas and loading areas are paved in either a bitumen seal coat, asphaltic or bituminous concrete, cement concrete, concrete paving blocks, or brick paving blocks. Note: The standard of paving required will be dependent upon the type of development proposed, with regard to traffic loadings including turning movements of heavy vehicles;

• All parking spaces shall be suitably marked by lines, or indicated by other approved means; and

• Free and uninterrupted access to car parking areas shall be maintained at all times.

 

The proposal meets the acceptable solutions, through provision of 90 car parking spaces (increase of approximately 53 spaces), which comfortably complies with Table 6.1, requiring 30 spaces per green.  It is noted that in this regard, the proposal will rectify an existing non-compliance.

It is noted that Licensed hotels, clubs and restaurants require parking at a rate of:

·      1 space per guest room or unit, plus

·      1 space for manager, plus

·      1 space per 7.5 square metres of bar, lounge, restaurant service areas.

It is also noted that the proposal also includes:

·      Auditorium (180 seat capacity)

·      Restaurant (100-110 capacity)

While these uses aren’t expressly captured in the “bowling green” rates, Council’s officer is satisfied that they are ancillary uses in nature, and the proposed car parking will comfortably site these uses (also bearing in mind any existing non-conformance, and the conducive extent of on street parking and internal overflow areas).

Furthermore, explanatory note 5 is applicable to the proposal. While there is no expressed rate for a function room, it is unlikely that it would be in operation at full capacity, at the same time as greens and restaurant being also at full capacity.

5. The parking provision for restaurants and function rooms may be reduced where it is demonstrated  that the time of peak demand for parking associated with each facility does not coincide or where  common usage reduces total demand. Each case will be considered on its individual merits.

All other aspects are satisfied by recommended conditions of consent.

 

Chapter 11  Floodplain Development and Management

Relevant Provisions

Provisions

Comment

11.7 Performance Outcomes

• Development is consistent with the principles of the NSW Floodplain Development Manual and the Uralla LEP;

• Development does not materially increase the risk to life; and

• New development occurs at or above the relevant flood planning level for area.

It is noted that the proposed work (including car park) are not within the flood planning area.

The proposal is inherently compliant with the Performance Outcomes.

 

Chapter 13 Notification Procedures

Relevant Provisions

Provisions

Comment

13. 4 Notifying of Applications

Adjoining landowners will be given notice of an application if, in the opinion of Council, the enjoyment of land adjoining the development may be detrimentally affected by the proposed development…

 

The application has been notified, in line with the Chapter.

13.8 Amendments prior to Determination.

An applicant may make amendments to an application at any time before its determination, subject to Council’s acceptance of those amendments. In these circumstances, Council will re-notify:

• Those persons who made submissions on the original application; and

• Any persons who own adjoining or neighbouring land (including those persons who were previously notified of the application) who may in Council’s opinion potentially be detrimentally affected by the proposal as amended.

Amendments to the application were notified to the submitter.

13.9 Notification Period

 

A person may inspect a plan and make a submission within the notification period which will be a minimum of 14 days.

The period has complied with the requirement.

13.10 Consideration of Submissions

Council will consider all submissions received within the specified time period before determining a Development Application. In making a determination the content of a submission must be balanced with the Council’s statutory obligations. Submissions form a part of the assessment of an application and each application will be assessed on its merits.

When determining a development application, Council will take into consideration any submissions it has received during the notification period. Delegated authority will not be used to determine a development application that has received a written objection to the proposal. Development applications that have had a written objection submitted will be referred to the relevant standing Council Committee for comment prior to being referred to Council for determination discussion.

Applicant to be advised of Objections

Written submissions cannot remain confidential as they may be used to assist in negotiations with the owner/applicant of the proposal or be included in Council business papers. The applicant, on request, will be advised of the terms of any objection and is entitled to read all submissions received. Where applications are amended in response to objections received, comments may be sought from previous objector/s.

Notification of Determination

Following determination of an application each person who made a submission will be advised in writing of Council’s decision in determining an application as soon as practical.

The assessment of the proposal (and further steps) have complied with these provisions.

 

Chapter 14 Contaminated Land

Relevant Provisions

Provisions

Comment

14.6 Acceptable Solutions

Not discussed due to duplication with earlier comments under State Environmental Planning Policy (Resilience and Hazard) 2021

See comments under State Environmental Planning Policy (Resilience and Hazard) 2021 assessment.

 

4.15(1)(a) the provisions of—

(iiia)  any planning agreement that has been entered into under section 7.4, or any draft planning agreement that a developer has offered to enter into under section 7.4

 

No planning agreement has been offered or entered into relating to the site.

 

4.15(1)(a) the provisions of—

(iv)  the regulations (to the extent that they prescribe matters for the purposes of this paragraph)

 

The regulations (clauses 61 – 64) do not impose any particular requirements regarding the development.

 

 4.15(1)(b) -

the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality

 

The proposal is considered to have acceptable impacts, as follows:

 

Environmental Impacts – Built Environment

The proposal is considered to have an acceptable impact on the built environment, as follows:

-      The proposed extension is of an acceptable bulk and scale, and would fit comfortably within the site and away from adjoining occupiers.

-      The proposed extension would not cause any material impact on the street scene or setting generally.

-      Car park works are suitably located and subordinate within the site.

Environmental Impacts – Natural Environment

As conditioned, the proposal would not cause any material harm to the natural environment.

Social and Economic Impacts

 

Following submission of amended plans and subject to recommended conditons, the proposal would not cause any material adverse social or economic impacts. 

 

4.15(1)(c) -

the suitability of the site for the development

 

The site is conducive to the proposed development, and is not affected by any constraints which would

Preclude the development. 

 

Refer to earlier comments under the LEP discussion regarding essential services.

 

4.15(1)(d) -

(d)  any submissions made in accordance with this Act or the regulations

 

-      At the time of preparing this report, One (1) written submission was received on 17 November 2024. The applicant was advised of the submission.

-      Amended plans provided by applicant 4 January 2025, and provided to the submitter on 13 January 2025.

-      The submitter provided further comments 18 January 2025.

 

Theme

Further Details

Officer Response

Neighbouring amenity & safety

 

1. Light spill towards submitter’s property from internal vehicle movements and any car park lighting.

 

2. Light spill towards submitter’s property car park lighting.

 

 

 

 

3. Safety, due to plans showing a ‘straight’ within parking area, directly to rear of submitters property.

 

 

 

 

 

4. Increased noise, owing to a likelihood of increased events and associated car parking (request privacy screening or fencing to be established)

 

 

 

 

Amended plans have been submitted which respond to aspects 1 and 3.  Amended plans show:

 

-      One- way traffic route in vicinity to submitter’s property (preventing vehicles travelling east towards submitters boundary);

-      Provision of guard rail and 2m landscaped width adjacent to submitter’s property.

 

Submitter has confirmed the above matters are resolved.

 

Light spill from any lighting within the parking area would be acceptable as conditioned.

 

The expansion of the car park will inherently cause some impact in terms of noise and privacy, however this is considered reasonable in an urban context, and given the existing use of the subject site and zoning. It is not considered reasonable for any additional fencing or height extensions to the existing fencing to be required.  Together with attention to landscaping, suitable buffering would occur between the subject land and submitters property.

Camping

 

1. Unlawful camping occurring on land.

This is not relevant to the application at hand, however it is recommended an advisory note is added to the consent to discourage unlawful camping.

 

4.15(1)(e)

the public interest.

 

On balance, the proposal satisfies relevant planning controls and would not adversely impact the public interest.

Conclusion

The proposed development is permissible with the consent of Council. The proposal complies with the provisions of the Uralla Local Environmental Plan 2012 and Uralla Development Control Plan 2011. A Section 4.15 assessment of the development indicates that the development is acceptable in this instance, particularly having bearing to matters raised in response to notification of the proposal. Attached is a draft 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

The proposal is consistent with matters for consideration pursuant to Section 4.15 of the Environmental Planning and Assessment Act 1979 including Uralla LEP 2012

 

Financial/Long Term Financial Plan

No financial impacts.

 

Asset Management/Asset Management Strategy

Nil.

 

Workforce/Workforce Management Strategy

Nil.

 

Legal and Risk Management

The submitters and applicant will have appeal rights.

 

Performance Measures

Assessment has exceeded 42 days but in full consultation with applicant.

 

Project Management

Nil.

 


Ordinary Council Meeting Business Agenda

25 February 2025

 





Ordinary Council Meeting Business Agenda

25 February 2025

 





Ordinary Council Meeting Business Agenda

25 February 2025

 














 


Ordinary Council Meeting Business Agenda

25 February 2025

 

14.3          Keeping of Animals & Birds Policy (Report following Second Exhibition)

Department:

Infrastructure & Development

Prepared By:

Acting Manager Planning Development

Authorised By:

Director Infrastructure & Development

Reference:

UINT/25/2771

Attachments:

1.        Draft Policy - Keeping of Animals & Birds (Urban Areas)

2.        Draft Policy - Keeping of Animals & Birds (Urban Areas) (Rev 5) with Track Changes

3.        Submissions

4.        Officer Response to Submissions      

LINKAGE TO INTEGRATED PLANNING AND REPORTING FRAMEWORK

Goal:

3.              We are good custodians of our environment

4.              We are an independent shire and well-governed community

Strategy:

3.2.           Maintain a healthy balance between development and the environment

4.2.           A strategic, accountable and representative Council

 

Summary

The Draft Keeping of Animals Policy (Urban Areas) (the Draft Policy) was reported to Council on 23 April 2024 in its first iteration. The Draft Policy was exhibited and attracted 16 (sixteen) written submissions.

The draft Policy was amended in response to those submissions and reported to Council on 17 December 2024, where Council resolved to exhibit the revised Draft Policy with a number of changes.

The revised Draft Policy (second iteration) was exhibited during December 2024 and January 2025. 

 

A total of 5 (five) written submissions were made in response to the exhibition. Some matters are unique, and therefore this report has been prepared in response to the submissions.

 

It is noted that second iteration of the Draft Policy was a significant departure from the version presented to Council on 23 April 2024. The current amendment (third iteration) of the Draft Policy relates to revisions only, (in response to notification) and as such changes are shown in bold and strikethrough within the Draft Policy document, attached.

 

Recommendation

That Council:

1.    Notes the submissions received in response to consultation; and

2.    Adopts the revised Policy - Keeping of Animals Policy (Urban Areas) (2024).

 

Report

Submissions

Submissions in relation to the policy as exhibited (closing end January 2025) are attached to this report. A summary is as follows:

Table 1: Summary of Submission Themes

Onerous requirements for:

·      Dogs

·      Cats

·      Bees

·      Rabbits

·      Guinea Pigs

·      Birds

·      Ferrets

·      Roosters

 

Please refer to the attached documents for:

·    Review of the submissions in detail, together with the Officer’s response and commentary; and

·    Redacted submissions.

 

It is noted that three (3) objections are from local areas and two (2) from state-wide organisations.

REFERRALS:

Internal – The draft revised policy has been reviewed by Manager Governance and Service Centre, who has provided support, subject to non-material amendments which have now been incorporated.

 

External – No referrals.  The draft revised policy was referred to Northern Tablelands Local Land Service 4 December 2024.

 

At the time of finalisation of this report, a response remains outstanding. Notwithstanding, the proposal is responsive to referral comments provided by Andrew Biddle (Team Leader, Animal Biosecurity and Welfare). In particular, the policy now refers to obligations under NSW Biosecurity Act 2015 and Biosecurity (National Livestock Identification System) Regulation 2017.

 

DRAFT POLICY: KEY AMENDMENTS

Refer to Table 1 of the Draft Policy.

Table 2: Summary of Species-specific changes

Birds & Sulphur Crested Cockatoo

Changes include:

·      Amendments to permit greater flexibility for keeping of birds indoors, in higher density style locations (where it may not be possible to be 3m from a neighbouring dwelling)

Rabbits, Ferrets, Mice, Guinea Pigs,

Changes include:

·      Amendments to make keeping of these animals less restrictive, given impacts with these animals are effectively managed by specified ‘additional requirements’

Bees

Changes include:

·      Amendments to permit bees on smaller lots and ‘housekeeping’ amendments with regard to additional requirements.

 

The flexibility of the policy would remain through Part 2.3, which is responsive to community needs while still providing a clear framework for situations where existing animals may be considered. To facilitate this aspect of the policy, Council staff will create an approved form for any application.

Conclusion

As amended, the Draft Keeping of Animals Policy (2024) has been thoroughly revised (building on substantial changes presented December 2024), and now provides flexibility together with clearer requirements for the keeping of animals in urban areas. Additionally, the Policy has been amended for general housekeeping and to ensure that it meets relevant legislation which has been implemented or updated since the existing policy was adopted.

In its third revision/iteration following amendments following two rounds of exhibition, Council’s officer is confident the Draft Policy is suitable for adoption, as amended.

 

Council Implications

 

Community Engagement/Communication

The Draft Policy was notified for 42 days.

 

Policy and Regulation

The Policy is consistent with the Local Government Act 1993.

 

Financial/Long Term Financial Plan

No financial impacts. Enforcement will be undertaken within existing resources

 

Asset Management/Asset Management Strategy

Nil

 

Workforce/Workforce Management Strategy

Enforcement will be undertaken within existing resources.

 

Legal and Risk Management

The proposed Policy supports State legislation including the Local Government Act 1993 and the Companion Animals Act 1998.

 

Performance Measures

Customer requests and Complaints in respect of the policy provisions will be investigated and documented in accordance with Council’s governance and customer charter provisions.

 

Project Management

Not applicable.

 

 


Ordinary Council Meeting Business Agenda

25 February 2025

 















Ordinary Council Meeting Business Agenda

25 February 2025

 















Ordinary Council Meeting Business Agenda

25 February 2025

 


















Ordinary Council Meeting Business Agenda

25 February 2025

 
















 


Ordinary Council Meeting Business Agenda

25 February 2025

 

14.4          Striking a New Deal (SaND) Community engagement Project Plan

Department:

Infrastructure & Development

Prepared By:

Planning Officer Strategic

Authorised By:

General Manager

Reference:

UINT/25/2848

Attachments:

1.        Place Based Project Plan - Uralla

LINKAGE TO INTEGRATED PLANNING AND REPORTING FRAMEWORK

Goal:

4.              We are an independent shire and well-governed community

1.              We have an accessible inclusive and sustainable community

Strategy:

4.1.           Informed and collaborative leadership in our community

4.2.           A strategic, accountable and representative Council

1.1.           A growing community with an active volunteer base and participation in community events

 

Summary

 

The Striking a New Deal (SaND) Project is a place-based project to support Uralla Shire to undertake engagement and capacity building activities to help Council and the community mitigate the risks of large-scale renewable energy development, and to maximise the attendant opportunities.

 

Councillors and staff participated in a co-design workshop at the Uralla Courthouse with the Next Economy team on 11 December 2024.

 

This report tables the key deliverable from that workshop, ie. the SaND project plan. 

 

Recommendation

That Council notes the advice in this report and receives the Striking a New Deal (SaND) Project Plan.

 

Report

 

The Striking a New Deal (SaND) Project is a place-based project to support Uralla Shire (and Walcha Shire) to increase the capacity of their communities to engage effectively with industry and government regarding their vision, expectations and priority areas for investment associated with large scale renewable energy development.

 

The project is co-funded by SaND partners, led by NGO The Next Economy, through a philanthropic grant from the Boundless Earth Foundation, and by Uralla Shire as in-kind commitments of staff time and incidentals such as printing.

 

Council submitted a successful EOI in July 2024, and the project was discussed at the Ordinary meeting of 22 October 2024, where Council resolved to delay the establishment of a Community Advisory Body for the Renewable Energy Benefit Sharing Restricted Fund until the Striking a New Deal project was substantially progressed.

 

Councillors and staff participated in co-design workshop at the Courthouse with the Next Economy team on 11 December 2024.

 

The key deliverable from that workshop is the project plan tabled with this report.

 

Project Objectives

The project objectives have been refined through the co-design process to reflect the broader ambition of Council for this community engagement project. While ultimately focussed on the impact of the Renewable Energy Zone (REZ) and Uralla’s role as a host community for renewable energy development, the objectives attempt to embed this in the larger context, including the impacts of climate change itself.

 

It was considered important that the community is able to offer an informed view of what they consider to be the likely opportunities and impacts. What do they see as the big risks? What do they see as the big opportunities?

 

A further objective is to begin the community conversation about the future benefit sharing payments and the governance required to oversee that aspect. This will provide Council with a basis to further consider how it will design the governance framework for the Benefit Sharing payment.

 

Finally, the project aims to build the capacity of Council staff to plan and facilitate future participatory engagement processes.

 

Deliverables

The SaND project will deliver a series of structured, and unstructured community engagement activities. The key stakeholder groups are listed at para 3. Scope of project activities in the tabled project plan.

 

From those activities, Council will receive an insights report which will detail what was heard in interviews and workshops, as well as capturing feedback from unstructured activities e.g. postcards, listening posts, social media commentary, etc.

 

The project will deliver Council briefings that support the community consultation content for the following strategic planning processes:

 

-      Community Strategic Plan – currently under review

-      Land use planning – support and inform future revisions to DCP and/or LEP and other strategic plans e.g. structure plans

-      Community benefit sharing

 

The key document delivered by the project will be a Renewable Energy Strategic Plan. It is envisioned that this will become part of Council’s endorsed strategic planning policy, having a similar function to, for example, the Regional Drought Resilience Plan.

 

The preparation of the Renewable Energy Strategic Plan will involve input from Council officers, and will provide a solid basis for future Benefit Sharing governance and identification of community preferences for development outcomes etc.

 

Communication

A communication plan will be developed in consultation with Council’s grants and communication officers. The Mayor and General Manager have been nominated as spokespeople to field media enquiries and speak publicly about Uralla’s participation in the project.

 

Timeline

The project began in October 2024 and will run until October 2025. The bulk of the stakeholder engagement activities are planned for March and April 2025. To reduce consultation fatigue and maximise the reach of activities, the project is coordinating with other community activities and events such as Youth Week. For that reason, it is necessary that the project timeline remains somewhat dynamic, as Council is still in the planning phase of some of its own activities.

 

It is anticipated that opportunities will arise from the stakeholder consultations themselves that may change the timelines or scope of other planned Council activities. However, where this happens it will represent a minor deviation rather than a change to the general approach.

 

 

Conclusion

This report recommends that Council receives the SaND project plan as tabled.

 

 

Council Implications

 

Community Engagement/Communication

As outlined in the project plan.

 

Policy and Regulation

Local Government Act 1993

Uralla draft Community Engagement Strategy Update 2024

 

Financial/Long Term Financial Plan

Nil

 

Asset Management/Asset Management Strategy

Not applicable

 

Workforce/Workforce Management Strategy

As outlined in the project plan.

 

Legal and Risk Management

As outlined in the project plan.

 

Performance Measures

Not applicable

 

Project Management

Not applicable

 


Ordinary Council Meeting Business Agenda

25 February 2025

 













Ordinary Council Meeting Business Agenda

25 February 2025

 

14.5          Draft Local Housing Strategy

Department:

Infrastructure & Development

Prepared By:

Planning Officer Strategic

Authorised By:

Director Infrastructure & Development

Reference:

UINT/25/2693

Attachments:

1.        Uralla Housing Strategy 2025 - 2045

2.        Uralla Key Issues Report UHS Draft 2025-2035

LINKAGE TO INTEGRATED PLANNING AND REPORTING FRAMEWORK

Goal:

2.              We drive the economy to support prosperity

3.              We are good custodians of our environment

1.              We have an accessible inclusive and sustainable community

Strategy:

2.3.           Communities that are well serviced with essential infrastructure

3.2.           Maintain a healthy balance between development and the environment

1.4.           Access to and equity of services

 

Summary

Uralla Shire Council engaged REMPLAN to develop a Local Housing Strategy to address future housing needs, particularly in response to Renewable Energy Zone (REZ) development.

 

The draft strategy is informed by the evidence-base expounded in the Key Issues Report presented to Council 3 December 2024. A key finding is that Uralla has sufficient land in existing residential areas to support future population growth.

 

The draft strategy has been developed around key considerations arising from the issues paper:

 

-      Planning for a short-term population influx driven by renewable energy developments

-      Mitigating the affordability risk

-      Meeting the needs of our ageing demographic

-      Managing the housing stock mismatch

-      Unlocking the existing, adequate land supply

 

REMPLAN proposes four high-level strategic objectives that will shape planning policies and guide future development:

 

·    Diverse housing for all residents.

·    Ensuring a positive legacy from the REZ.

·    Proactive Council supporting great housing outcomes.

·    Maintaining the village character and footprint of existing settlements.

 

The draft Strategy includes an implementation and delivery plan which identifies priority actions for Council.

These actions are considered to be coherent, workable, and are supported by Council’s officers. 

 

Copies of the draft Local Housing Strategy and Key Issues Report are included under separate cover given the size of the files.

This report seeks Council endorsement to proceed to public exhibition for 56 days.  The extended public exhibition period will allow for further community engagement.

 

Recommendation

That Council

1.        Endorses the Draft Uralla Local Housing Strategy for Public Exhibition for a period of 56 days.

2.        Receives a further report following the public exhibition period subject to the receipt of submissions and/or if any amendments are proposed.

3.        Adopts the Draft Uralla Local Housing Strategy if no submissions are received, and/or no substantive changes are proposed.

 

 

Report

 

Background

 

At its meeting of 26 March 2024, Council authorised the General Manager to engage a consultant to prepare a local housing strategy to be funded out of Council’s agreement with EnergyCo (Resolution  47.03/24). 

 

Council released a Request for Quotation (RFQ) for the preparation of a Local Housing Strategy in May 2024.

The expected benefits to Council included:

 

·    Support strategic planning for Uralla’s immediate, short- and long-term housing needs.

·    Provide an evidence base for future housing demand with specific reference to the impact of large-scale Renewable Energy development and demands for worker accommodation.

·    Identify barriers to housing development within the Shire by engagement with key stakeholders including landowners, builders, and developers.

·    Identify key issues, propose options and priorities, and make recommendations to support strategic land use policy and inform future planning proposals including updates to the Uralla LEP.

 

A core rationale for undertaking this work was to “get ahead” of the Renewable Energy Zone (REZ) development – to get on the front foot with planning so Council had a better understanding of the demand for housing that will be generated by the REZ. The strategy has been funded out of Council’s funding agreement with EnergyCo.

 

The scope of works for the Local Housing strategy included:

 

-      Targeted community engagement to identify key barriers to development and understand future demand – landholders, developers, housing providers and renewable energy developers were consulted, as well as the broader community. 

 

-      Analysis of demographic, social, economic, and environmental trends and possible impacts of these trends that bear on housing demand and supply dynamics within Uralla Shire, to inform pathways, priorities, and recommendations. Including:

 

Analysis of demand for REZ worker accommodation

Audit existing residential land supply including zoned capacity and consented development.

 

-      Findings & Recommendations informing Council and community on the following:

 

Evidence of housing supply and demand, key actions, and issues to address.

Options and sequencing for growth.

Preliminary site assessments, analysis of land capability constraints and land capability gaps.

 

The RFQ received 8 high-quality submissions and was ultimately awarded to REMPLAN after evaluation against the prescribed criteria.

 

REMPLAN provided a Statement of Local Issues in August 2024 and visited Uralla in to undertake stakeholder consultation, including a workshop with Council on 13 August 2024.

 

Findings

 

The Key Issues Report was delivered in November 2024. The report includes a detailed assessment of Uralla’s housing market, population growth forecasts with several scenarios exploring REZ impacts, and a land supply capacity analysis. A Councillor briefing session was held on 3 December 2024, where Chris Kelly from REMPLAN presented the reports key findings.

 

A key finding from this report was that Uralla has sufficient zoned land to meet demand over a 20-year horizon, but new initiatives and mechanisms are required to unlock existing residential land supply. The demand forecast highlighted the need for both a solution to temporary worker accommodation, and also for smaller units to support ageing-in-place.

 

Some selected key findings:

 

-      The long-term, permanent population is forecast is to increase to approx. 6200 by 2029, decline marginally and then remain relatively stable. This long-term trajectory is in-line with the updated NSW population projections.

-      Temporary population growth, driven by REZ worker demand, peaks at about 1,600 in 2029 in the most conservative scenario, and averages about 900 to 2034, where it drops to about 100.

-      Highest growth is in single and two-person households.

-      Most new housing built in Uralla comprises 3-4 bedrooms.

-      Population growth will be highest in the 65-79 years and 80+ years age cohorts.

-      800 households in Uralla have two-spare bedrooms, 400 households have 3 or more spare bedrooms.

-      Uralla now has the highest median house price in the region.

-      The majority of Uralla existing residential land is within a 20 minute walk of the town centre.

-      An additional 1,100 dwellings could be provided in existing residentially zoned areas across the Shire.

-      There is 22 years’ supply only considering vacant properties or those with existing development approval.

-      The median lot size in General Residential zone is 1,050m2 while the statutory minimum lot size is 560 m2.

-      Invergowrie-Saumarez Ponds has only 10 years of land supply but is constrained by bushfire risk.

-      Of the existing outlying settlements, Rocky River has the best attributes for further low-density supply.

 

Findings have been informed by REMPLANs “top-down and bottom-up” methodology: an analysis of available statistics tested against local-level insight gathered through community consultation.

 

“Diversified housing for a growing community”

The draft Local Housing Strategy presents a housing vision for Uralla Shire which was developed through the community engagement process. Overwhelmingly, the Uralla community wanted to see:

 

-      The REZ opportunity harnessed for positive long-term outcomes.

-      Greater diversity in housing to support the changing population.

-      Locals protected from REZ related impacts on housing affordability and availability.

 

The vision is Diversified housing for a growing community: Uralla Shire will offer a diverse range of housing options that support a growing, vibrant community, with renewable energy projects contributing to a lasting, positive housing legacy for the Shire.

 

Strategic directions

 

The draft strategy has been developed around key considerations arising from the issues paper:

 

-      Planning for a short-term population influx

-      Mitigating the affordability risk

-      Meeting the needs of our ageing demographic

-      Managing the housing stock mismatch

-      Unlocking the existing, adequate land supply

 

The strategy identifies that Uralla is facing a “two-speed” scenario when it comes to land-use planning. In the short term, with a degree of urgency, land-use planning needs to respond to the short-term demand spike driven by the REZ. This short-term approach needs to also support land-use planning for the longer-term, underlying growth and meets the housing needs of residents. 

 

To address underlying housing needs the recommendation is for Council to proactively support and facilitate the delivery of a mix of housing types within the existing residential areas – including detached, semi-detached, terrace and multi-dwelling typologies. To manage the impact of the REZ temporary demand spike, the recommendation is to deliver dedicated temporary accommodation option/s in suitable location/s.

 

REMPLAN has proposed four high-level objectives that will shape planning policies, guide future development, and support collaborative efforts to achieve sustainable and inclusive housing outcomes for Uralla Shire.

 

Objective

Outcomes

Diverse housing for all residents

 

Increased availability of social and affordable housing

Enhanced housing options for an ageing population

Improved housing diversity and infill development

Streamlined planning and infrastructure support

Engaged stakeholders driving sustainable development

Ensuring a positive legacy from the REZ.

 

Well-Planned Temporary Construction Worker Accommodation

Long-Term Legacy Use of Infrastructure

Enhanced Public Realm and Accessibility

Integrated Planning Frameworks

Increased Community Engagement in Housing Solutions

Proactive Council supporting great housing outcomes

Enhanced Development Support and Guidance

Improved Infrastructure Transparency and Planning

Environmentally Responsible Land Use

Innovative and Diverse Housing Opportunities

Streamlined and Transparent Development Processes

Maintaining the village character and footprint of existing settlements

Optimised Use of Existing Residential Land Development

Informed and Strategic Planning Decisions

Enhanced Design Standards for Development

Improved Infill Development

Overarching settlement strategy for the Uralla township

Key actions - Delivery and implementation plan

 

In consultation with senior Council staff, REMPLAN have identified the actions that have the greatest priority and will have greatest impact on housing in Uralla, within the capacity of Uralla Shire and within the Strategy’s timeframe.

 

The key actions proposed in the draft strategy are as follows:

 

-      Investigate and facilitate options for retirement and independent living within the Uralla township.

-      Investigate opportunities for Council owned sites to be utilised for social and affordable housing.

-      Identify large site(s) for well-located worker accommodation.

-      Establish agreements for future use of construction worker accommodation.

-      Establish a regular landowner and developer forum.

-      Implement clear, consistent, and transparent procedures for approvals, standards and communication.

-      Develop a Township Framework Plan for Uralla to inform planning policies and controls.

-      Undertake a zoning review of the Rocky River settlement.

-     

It is considered that the actions proposed in the strategy are coherent and workable, and while some will require external funding to undertake, they represent a solid basis for future work.

 

Public exhibition and Community engagement

 

It is considered that a further community engagement effort, including but not limited to the statutory period of public exhibition, is appropriate given the Housing Strategy has shire-wide/ high impact. 

 

Once endorsed, the strategy becomes a key strategic document against which future Planning Proposals will be considered and assessed. This has a material consequence for landholders and developers.

 

Achieving high-level of engagement with the draft strategy will support community comprehension and acceptance of future actions informed by the strategy – e.g. locating temporary worker facilities etc.

 

Moreover, it is important to ‘close the loop’ and ensure the strategy adequately reflects what was heard in consultation.

 

While not a comprehensive plan, the general approach to community engagement will be:

 

-      Extend the period of exhibition to 56 days to provide ample time for public information and response, with a further report to be prepared for Council’s May meeting.

-      Directly inform stakeholders involved in initial community consultation by email and/or phone

-      Notify stakeholders and members of the public across all Council’s channels.

-      Provide hard copies at key community hubs and location e.g. library, neighbourhood stores.

-      Promote on Council’s social and communication platforms.

-      Schedule focus groups or community drop-in sessions as part of CSP engagement.

-      Media release and placement in local newsletter.

Conclusion

REMPLAN has delivered a sound and pragmatic draft Local Housing Strategy for Uralla. The strategy has been developed with reference to local insights, as well as robust analysis of the policy context, and the available geographic, demographic, socio-economic data. It is considered that the strategy’s four top-level objectives are well aligned with Uralla’s existing strategic priorities and reflect what was heard in stakeholder and community consultation. The action plan is considered to be coherent and workable and supported by Council’s officers.

An extended period of exhibition will support the strategy’s aims and provide adequate time to undertake community engagement activities. It is anticipated that a further report will be made to Council at the end of the exhibition period.

 

COUNCIL IMPLICATIONS

 

Community Engagement/Communication

The Draft Local Housing Strategy is recommended to be exhibited for a period of 56 days.

 

Policy and Regulation

The Strategy is consistent with the NSW Local Housing Strategy Guideline 2018

 

Financial/Long Term Financial Plan

Public exhibition and additional Community Engagement activities will be undertaken within existing funding arrangement i.e. EnergyCo funding agreement

 

Asset Management/Asset Management Strategy

Nil

 

Workforce/Workforce Management Strategy

Public exhibition will be undertaken within existing resources.

 

Legal and Risk Management

The proposed Strategy supports State legislation including the Environmental Planning and Assessment Act 1979

 

Performance Measures

Not applicable.

 

Project Management

Strategic Planning Officer.

 


Ordinary Council Meeting Business Agenda

25 February 2025

 


















































Ordinary Council Meeting Business Agenda

25 February 2025

 
















































































































 


Ordinary Council Meeting Business Agenda

25 February 2025

 

14.6          Community Engagement Strategy - Response to submissions

Department:

Infrastructure & Development

Prepared By:

Planning Officer Strategic

Authorised By:

Manager Governance and Service Centre

Reference:

UINT/25/2399

Attachments:

1.        DRAFT Community Engagement Strategy & CPP 2024

2.        DRAFT Community Engagement Strategy & CPP -Track Changes 2024

LINKAGE TO INTEGRATED PLANNING AND REPORTING FRAMEWORK

Goal:

4.              We are an independent shire and well-governed community

Strategy:

4.2.           A strategic, accountable and representative Council

4.1.           Informed and collaborative leadership in our community

 

Summary

At its ordinary meeting of 17 December 2024, Council resolved to place the updated Community Engagement Strategy (CES) and Community Participation Plan (CPP) on public exhibition for 36 days. One submission was received.

In response to the submission, the CES has been amended to:

-      Give greater attention to the ‘inform’ level of public participation. 

-      Make explicit reference to s. 355 committees and how they fit into community engagement.

-      Include ‘rural and remote residents’ in hard-to-reach groups.

-      Other minor changes that reflect engagement strategies already employed by Council e.g. participation in non-council event, notices at General Stores.

Recommendation

That Council:

1.    Notes submissions received in response to consultation; and,

2.    Adopts the revised Community Engagement Strategy.

 

Report

Notification of the public exhibition period was given via Council’s website and social media.

Theme

Submission comments

Officer comments

S. 355 committees

-      Existing s. 355 committee mechanism not duly considered

Recommends:

-      Update engagement matrix to include s .355 committees

-      Include example of existing Bundarra School of Arts Hall and Community Consultative Committee 2022 in s. 5.1 ‘How We Engage’

-      Reference as possible method for ‘empower’ level of engagement

Supported.

Community Advisory committees constituted under s. 355 of the Act can be delegated decision-making powers. It is appropriate that they are referenced at the ‘empower’ level. 

It is not considered necessary to refer to Bundarra specifically, as but to reference s. 355 committees generally, as any given existing committees may not be renewed, or not renewed under the same terms of reference.

Provision of information about Council activities

-      ‘Inform’ level of public participation not given enough attention in CES

The key purpose of informing the community needs to be added, i.e. in addition to ‘connecting with’ and ‘seeking feedback’. Being informed is a pre-requisite to having informed ‘feedback’ and ‘opinions’ on plans, projects and policies.

Recommends:

-      Add a strategic objective related to informing the community about Council activities.

-      Augment sections 2.2, 3.2 & 5 to reflect value of “inform” level

Supported.

All relevant sections of CES updated to include ‘informing’ as a fundamental community engagement activity.

Amended to include Strategic Objective:

1)    Ensure Council provides timely, relevant, transparent, meaningful, and accessible information about its activities, achievements, and outcomes, including the outcomes of community engagement activities and decision-making processes.

Noting that many of the issues raised by the submission regarding adequacy of existing ‘informing’ activities e.g. Newsletter is being addressed by Chris Clark’s communications project.

Stakeholders

Recommends:

-      Include ‘visitors’ as stakeholder group

-      Include of ‘villages, localities and rural residents’ and visitors in Hard-to-Reach Groups

Supported.

Visitors are a distinct stakeholder group to be considered in the CES e.g. Council operates a Visitor Information Centre. However, it is considered that visitors are not a hard-to-reach group as they will actively seek information.

Hard-to-reach Groups has been amended to include ‘Residents of rural and remote localities’.

Communication and Engagement methods

Recommends CES additional methods:

-      Councillors and Council Meetings

-      Council supported (not facilitated) events, e.g. Council’s in-kind contributions, partnerships, etc. for Show Societies’ and Service Clubs’ events

-      Council involvement with events organised by other parties e.g., information stall or listening posts at Seasons of New England

-      Adding ‘and general stores’ to ‘the supermarket’ for Community Noticeboards

Supported.

Document presentation

Commends structure and readability

Suggests minor change to front cover photograph

Noted.

Supported.

 

Conclusion

As amended, the CES now places greater emphasis on the ‘inform level’ of community engagement, and more adequately reflects Council’s existing methods of engagement and the community it seeks to support.

 

 

Council Implications

 

Community Engagement/Communication

Nil

 

Policy and Regulation

Nil

 

Financial/Long Term Financial Plan

Nil

 

Asset Management/Asset Management Strategy

Nil

 

Workforce/Workforce Management Strategy

Nil

 

Legal and Risk Management

Nil

 

Performance Measures

Nil

 

Project Management

Strategic Planning Officer

 


Ordinary Council Meeting Business Agenda

25 February 2025

 






























Ordinary Council Meeting Business Agenda

25 February 2025

 






























 


Ordinary Council Meeting Business Agenda

25 February 2025

 

14.7          Plans of Management for Council managed Crown Lands (CLM)

Department:

Infrastructure & Development

Prepared By:

Group Manager Infrastructure Services

Authorised By:

Director Infrastructure & Development

Reference:

UINT/24/18523

LINKAGE TO INTEGRATED PLANNING AND REPORTING FRAMEWORK

Goal:

3.              We are good custodians of our environment

Strategy:

3.1.           To preserve, protect and renew our beautiful natural environment

 

Summary

 

Plans of Management for Crown Lands managed by Uralla Shire Council have been in development for many months. This report provides an update on the status of each.

 

Recommendation

That Council notes this update on the preparation of Plans of Management for Crown Lands managed by Council.

 

Report

The full process for the adoption of Plans of Management (POM) is:

Step 1 – Draft POM developed by officer

Step 2 – Ministerial review and comment.

Step 3 – incorporate Ministerial direction.

Step 4 – Council noting for Public Exhibition

Step 5 – Final internal review/amendment.

Step 6 – Final Council adoption.

 

 Council has five (5) POMs that are in various stages of development.

 

Two of the five plans are generic POM’s:

·    Crown Land Plan of Management - Crown Reserve Parks (Generic) - Uralla Shire Council

·    Crown Land Plan of Management - General Community Use Reserves (Generic) - Uralla Shire Council

 

Both of these plans have been submitted to the Minister managing Crown Lands for consent and approval and have now come back with comments that require action. To effectively action the Ministerial input a Native Title Consultant has been engaged to provide input. These POMs are effectively at Step 3 of the process.

 

There are three further POMs:

·    Crown Land Plan of Management - Bundarra Downs Reserve (Bundarra Nature Park) - Crown Reserve 1013348

·    Crown Land Plan of Management - Gostwyck Road Reserve - Crown Reserve 89071

·    Crown Land Plan of Management - Racecourse Lagoon - Crown Reserve 86472

 

These are at Step 1 and will be issued to the Minister for direction when ready. Considering the Ministerial input for the two more advance generic POMs, it is likely that our Native Title Consultant will be involved prior to submission to the Minister.

 

Once all POM’s pass Stage 3 they will be presented to Council to consider public exhibition for community feedback.

It is intended that the two Generic POMs will reach Stage 4 and be submitted to Council to consider for public exhibition in March 2025, with the remaining POM’s reaching Stage 2 and being submitted to the Minister in April 2025.

The timeframe for gaining Ministerial advice and direction is unknown.

 

Conclusion

 

Manager Waste and Environment will continue working with the engaged Native Title Consultant to complete the POMs. Once approved they will follow the due process of acceptance from Council, public exhibition for community feedback, and final adoption by Council.

 

Council Implications

 

Community Engagement/Communication

Nil

 

Policy and Regulation

Nil

 

Financial/Long Term Financial Plan

Nil

 

Asset Management/Asset Management Strategy

Nil

 

Workforce/Workforce Management Strategy

Nil

 

Legal and Risk Management

Nil

 

Performance Measures

Nil

 

Project Management

Manager Waste and Environment.

 


Ordinary Council Meeting Business Agenda

25 February 2025

 

14.8          Introduction of a Declared Dams Safety Level

Department:

Infrastructure & Development

Prepared By:

Manager Water & Sewer

Authorised By:

Director Infrastructure & Development

Reference:

UINT/25/1049

LINKAGE TO INTEGRATED PLANNING AND REPORTING FRAMEWORK

Goal:

4.              We are an independent shire and well-governed community

Strategy:

4.2.           A strategic, accountable and representative Council

 

Summary

 

In December 2023 the NSW Government commissioned the Independent Pricing and Regulatory Tribunal (IPART) to recommend a clear, cost-effective methodology for the Dam Safety Levy.  IPART will introduce the levy on dam owners (including Council) to share the costs of dam safety across NSW. Under IPART's framework, owners of dams with a 'Significant' dam safety consequence rating—such as applies to Kentucky Creek Dam—will pay an annual levy of $10,588 plus the most current consumer price index annually commencing in 2025. Council must ensure that the dam safety levy amount is incorporated into the yearly budget and determine whether to fund the levy through existing water fees and charges or to recover the cost from Uralla’s residents.

 

Recommendation

 

That Council

 

1.        Notes the anticipated $10,588 (plus annual indexation) dam levy imposed by Dam Safety NSW, based on the current ‘Significant’ consequence rating of Kentucky Creek Dam;

 

2.        Incorporates the expected cost into annual budget preparations with an adjusted annual Consumer Price Index allowance commencing in March 2025; and

 

3.        Notes that the impact on Council’s current draft Long Term Financial Plan considerations is an additional $10,588 (plus indexation) annual levy from 1 July 2025, which equates to an additional $6.46 (plus indexation) per connected household per annum.

 

 

Report

The report received from Dam Safety NSW outlines the following:

 

“Kentucky Creek Dam, Council’s current water supply, is one of 380 NSW dams regulated by Dams Safety NSW (DSNSW). Before 2015, dam safety was managed by the Dams Safety Committee under the Dams Safety Act 1978, with limited regulations. In 2015, the NSW Parliament established DSNSW as an independent regulator under the Dams Safety Act 2015, strengthening safety standards and reducing risks to surrounding communities.

 

DSNSW provides various forms of support to dam owners, placing financial demands on the Department. For example, USC is receiving financial assistance for the 2025 risk assessment of Kentucky Creek Dam, which also requires hydrological and geotechnical investigations. DSNSW has offered to conduct some of this work in-house, providing additional free support to USC.

 

Currently, Dam Safety NSW is funded by the NSW Government. However, the Dams Safety Act 2015 allows for a levy to recover regulatory costs from declared dam owners. This levy would distribute costs among dam owners, ensuring DSNSW can continue providing effective and efficient support. The levy is based on a dam’s consequence rating, with higher-risk dams requiring greater regulatory oversight and costs.

 

The Department is confident that this approach, backed by IPART’s thorough analysis, will enable Dams Safety NSW to maintain high regulatory standards while ensuring financial sustainability.

 

From March to August 2024, IPART conducted extensive consultations, including a public hearing with declared dam owners, to gather feedback and refine the levy structure. More details on the IPART Dams Safety Levy Review are available on their website:

 

https://www.ipart.nsw.gov.au/sites/default/files/cm9_documents/Final-Report-Dams-Safety-NSW-levy-review-September-2024.PDF

 

What does this mean for Uralla Shire Council?

Table 1 below indicates the indicative levy prices proposed by IPART for the 2025-26 financial year. Kentucky Creek Dam is currently rated ‘Significant.’ The table below shows that, under the proposed system, USC would be required to pay $10,588 plus indexation, commencing in 2025.

 

Dam consequence category

Low

Significant

High

Extreme

Levy per dam (2025 - 26)

$7,651 + indexation

$10,588 + indexation

$12,621 + indexation

$15,269 + indexation

Table 1

 

Dams Safety NSW will continue working with dam owners to support a smooth transition to the levy’s implementation on 1 July 2025.

.

In April 2025, all declared dam owners will receive a letter from Dams Safety NSW outlining their 2025-26 levy amount, which will be adjusted based on the March 2025 Consumer Price Index.

 

Additionally, under the NSW Dams Safety Act, Council must conduct a Consequence Category Assessment on its dams every 15 years. The next assessment for Kentucky Creek Dam is due in June 2035 and may confirm or alter the dam’s consequence rating, potentially affecting the levy amount.

The levy must be included in each financial year’s budget following its implementation in July 2025. Additionally, Council should consider whether to cover the levy through existing water rates and funds or pass the cost onto Uralla’s residents.

 

With approximately 1,639 water meters in Uralla, the current levy equates to $6.46 per household connected to the town's water supply. This price will be adjusted each year with the most current price indexation commencing in 2025.”

 

Conclusion

IPART will introduce a levy on dam owners, including Council, to share the costs of dam safety. Under IPART's framework, owners of dams with a 'Significant' consequence rating—such as Kentucky Creek Dam—will pay an annual levy of $10,588 plus most current consumer price index.

Council will need incorporate the dam safety levy amount into its annual budgets from 1 July 2025.

 

Council Implications

 

Community Engagement/Communication

 

IPART - Between March and August 2024, IPART held extensive consultations, including a public hearing with declared dam owners, to gather feedback and refine the levy structure.

 

Policy and Regulation

Dams Safety NSW (DSNSW) - Independent regulator charged with ensuring the safety of declared dams.

NSW Government – Current funding of dam safety related to State management and administration.

The Dams Safety Act 2015 - allows the Government to levy dam owners to cover regulatory costs.

Local Government Act 1993 Chapter 15, Part 1, Section 495 - Making and levying of special rates.

Local Government Regulation 2005 Part 5, Part 6, Part 9.

 

Financial/Long Term Financial Plan

Yearly Operational Plan

Delivery Program 2022-2026

Draft Long Term Financial Plan 2032

Water and Sewer Asset Management Plan

Yearly Fees and Charges

 

Asset Management/Asset Management Strategy

Water and Sewer Asset Management Plan

 

Workforce/Workforce Management Strategy

Not applicable

 

Legal and Risk Management

TBC

 

Performance Measures

Not applicable

 

Project Management

Manager Water and Waste water

 


Ordinary Council Meeting Business Agenda

25 February 2025

 

14.9          Summary of Future Grants

Department:

Infrastructure & Development

Prepared By:

Group Manager Infrastructure Services

Authorised By:

Director Infrastructure & Development

Reference:

UINT/25/857

LINKAGE TO INTEGRATED PLANNING AND REPORTING FRAMEWORK

Goal:

2.              We drive the economy to support prosperity

4.              We are an independent shire and well-governed community

Strategy:

2.3.           Communities that are well serviced with essential infrastructure

4.2.           A strategic, accountable and representative Council

4.3.           An efficient and effective independent local government

 

Summary

There is a significant volume of grants that are received through the infrastructure side of Council’s operations. Many grants are one-off opportunities (non-recurrent) because they are linked to a specific event such as disaster recovery, or where the Federal or State Government want to invest in a particular policy direction. Other grant types are recurrent and reasonably dependable such as, for example, many Roads and Transport grants for the renewal of transport assets.

 

The list below provides an update of current and future recurrent grants, and where known, non-recurrent (one-off) grants, and an assessment of their potential to continue in the coming years. Noting that no Capital and Operational Expenditure has been linked to any grant that has not been awarded.

 

Recommendation

That Council notes this list for Information Only and further discussion if warranted.

 

Report

The list of current grants available to Council is as follows:

 

Federal Government Grants

§ Safer Local Roads and Infrastructure Program (SLRIP)

·    This Grant could be broken apart if Government chose to which would make the Grant more restrictive. This is however considered unlikely at this stage.

·    For the 2024 round, Council has applied for the Barraba Road Project for which the outcome is still pending. It is likely a response will not be issued until after this year’s Federal Election.

·    No additional works have been allocated or forecasted to this Grant except works that have been listed in the Grant application.

§ Local Roads and Community Infrastructure Program (LRCIP)

·    LRCIP3 and 4 completion date for works is 2025.

·    LRCIP4 Works include:

Bundarra Pedestrian Pram Ramps.

Park, John St (Uralla) and Noalimba (Kentucky) Footpath.

Design of King and Maitland St Roundabout.

Design of Terrible Vale Culvert Crossing.

Rocky River Culvert Crossing.

·    LRCIP Phase 5 is yet to be released. The likelihood of this grant is uncertain.

·    No additional works have been allocated or forecasted to this Grant except works that have been listed in the Grant application.

§ Roads 2 Recovery (R2R)

·    A 5-year Program from 2024-29.

·    The allocated dollar value awarded to each council is based on length of road network.

·    Works have been forecasted/programmed appropriately.

·    Key works for 2024 include Terrible Vale Road upgrade.

·    Forecasted works for 2025 include Parking Bays and Intersection Upgrades on Bridge St aligning with TfNSW’s Works.

§ Blackspot

·    Criteria for this program requires a minimum of 2x fatalities to occur within a certain time period and within a certain distance from each other.

·    This grant is not historically a significant source for rural councils as the basic criteria is often hard to achieve. Whilst there may be many deaths on a particular road, they are typically spread out, not centralised i.e. an intersection. 

·    No applications are afoot as we do not meet relevant criteria for any location.

§ Active Transport Fund (ATF)

·    This is a new Grant and is not necessarily guaranteed.

·    In 2024, an application was submitted for a Path from Rocky River Primary to Alma Park. This would enhance and link with the Rocky River culvert renewal and pedestrian access works already funded by LRCI4.

§ Disaster Recovery Fund Arrangements (DRFA)

·    This Grant is linked to specific disaster events if so declared by the NSW Government

·    Council is still working through the AGRN1030/34 Grant (Flooding) from 2022.

State Government Grants

§ Active NSW

·    This is a new Grant and not guaranteed.

·    In 2024, an application was submitted for Footpath from Plane Ave to the Glen reticulating along Uralla Creek creating a continuous footpath from one side of town to the other and hopefully allowing opportunities for community events like Parkrun.

§ TfNSW Block Grant

·    This Grant is guaranteed annually, however funding for beyond 2025 is yet to be released.

·    Like R2Rm, the values awarded to Councils is linked to length of regional roads.

·    The values allocated have the potential to be reduced by State Government.

·    No works have been forecasted yet relating to this Grant.

§ TfNSW Block Grant (Supplementary)

·    Linked to the above but targeted at minor items that compliment roads.

·    Unlike the above this grant is not guaranteed annually.

§ Block Grant (traffic facilities)

·    Linked to above but aimed at Traffic safety related items like line marking.

·    Safe

§ Regional Emergency Road Repair Fund (RERFF)

·    This Grant is awarded only as a response to Disaster Events.

·    It will cease once specifically selected repair works are completed.

§ Regional and Local Roads Repair Program (RLRPP)

·    Like RERRF, this Grant is awarded only as a response to Disaster Events.

·    It ceases once the specific works complete.

·    This Grant has a 4 Year program 2023-2027 and will cease afterwards.

§ Repair Regional Roads

·    Suspended for duration of RERRF.

·    This Grant is 50/50 co-funded which can be used with other grant funding.

§ Fixing Local Roads (FLR)

·    This is a guaranteed Grant and is similar to R2R

§ Fixing local Roads (Pothole)

·    This Grant has finished as it is linked only to disasters.

§ Restart NSW

·    This is a continuing annual Grant with funding awarded until 2027.

§ Bushfire Local Economic Recovery Package (BLERP)

·    Similar to RERRF, this Grant is awarded as a response to Disaster Events.

·    This Grant refurbished the Courthouse and has now ceased.

§ Stronger Country Communities Fund Round 5

·    Council has previously received approval to proceed with its original Scope (multiple Open Space and Sporting Facilities Enhancements).

·    Council’s Variation request to reduce its original scope and redirect $550,000 to Stage 2 of Pioneer Park has been declined.

·    Other avenues to secure the Stage 2 funding are now being investigated – including the Australian Arts Council National Fund.

·    There is no current information regarding a future Round 6 of the SCCF.

OLG

§ Local Government Recovery Grant (LGRG)

·    Similar to RERRF, this Grant is awarded as a response to Disaster Events.

·    In 2025, the Grant was awarded to USC to complete assessment works of the Uralla Creek Catchment from Plane Ave to Salisbury St and included funds for the rectification works identified for stormwater management and Creek regeneration.

Conclusion

There are some grants that are consistently awarded, and are likely to continue into the future, to aid Council in completing their works on important Infrastructure. There are some grants that are linked to Disaster Events to aid with recovery efforts. And finally, there are some grants that are one-off and are unlikely to be repeated. The Infrastructure Team ‘policy’ approach is conservative and does not forecast works against Grants that are not secure, i.e., if a Grant Application is unsuccessful, it does not affect our planning or budgets.

 

Council Implications

 

Community Engagement/Communication

Nil

 

Policy and Regulation

Nil

 

Financial/Long Term Financial Plan

As noted above, Infrastructure Teams forecasting relating to Grants should not represent a negative outcome to LTFP Planning.

 

Asset Management/Asset Management Strategy

Many Grants are ongoing operational and maintenance Grants which assist with renewing our Assets.

 

Workforce/Workforce Management Strategy

Nil

Legal and Risk Management

Infrastructure Team do not forecast any works that are not secure or awarded. If an application is denied, then there is no impact. It is intended that Grants where an application is required to be made, instead of a Government Allocation, will be contracted out with Project Management fees included in the Grant.

 

Performance Measures

Nil

 

Project Management

Nil

 


Ordinary Council Meeting Business Agenda

25 February 2025

 

14.10        Community Donations

Department:

General Manager’s Office

Prepared By:

General Manager

Authorised By:

General Manager

Reference:

UINT/25/1406

LINKAGE TO INTEGRATED PLANNING AND REPORTING FRAMEWORK

Goal:

4.              We are an independent shire and well-governed community

Strategy:

4.2.           A strategic, accountable and representative Council

 

Summary

Council has been requested to consider a donation to a community group not included in the 2024/25 Budget, specifically the Uralla Arts Show.

An initial allocation of $3000 was made to the Lanterns Festival.  In recent discussions with the festival organisers, it has been confirmed that only $1000 is required for the event.  At the same time, Council has been approached to consider funding another community group not initially included in the 2024/25 allocations.  These proposed revised allocations are considered deserving and will deliver broader and worthwhile community benefits.

Recommendation

That Council reallocates the funding of $3,000 set aside for the Lanterns Festival as resolved in the June 2024 Ordinary Meeting as follows:

a)    $1000 to the Uralla Arts Show;

b)    $1000 to the Lanterns Festival; and

c)    $1000 to the Anaiwan Elders Group.

 

 

Report

Council resolved #17.06/24 in the June 2024 Ordinary Meeting when approving the Operational Plan and Budget for 2024-25 to include allocations to the following groups: 

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In January 2025, a discussion with a representative of the Lanterns Festival provided insights into the Lanterns Festival's origins and future plans. Key points include:

1.   The Lanterns Festival initially was part of the Seasons of New England event.

2.   Students in district schools create lanterns, fostering their involvement in the festival.

3.   Large lanterns are stored at a local school.

4.   Approximately 200 lanterns are needed, costing around $500.

The festival is proposed to coincide with another event, such as the Winter Solstice event. This will involve  further discussions with Council on the event and traffic management plans.

 

The representative indicated that a revised allocation of $1000 for the Lanterns Festival would be adequate.

 

Conclusion

Officers are recommending a revision of the funding of $3,000 allocation set aside for the Lanterns Festival as follows:

1.    $1000 to the Uralla Arts Show;

2.    $1000 to the Lanterns Festival; and

3.    $1000 to the Anaiwan Elders Group.

 


Ordinary Council Meeting Business Agenda

25 February 2025

 

14.11        Revised Debt Recovery Update

Department:

Corporate & Community

Prepared By:

Manager Governance and Service Centre

Authorised By:

General Manager

Reference:

UINT/25/1948

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

Council has continued its focus on rates debtors to ensure that rates are being paid in a timely.

Since the report to Council in October 2024, Council has engaged the services of an external debt collection agency, SR Law. This has resulted in a further improvement in the total amount of rates in arrears.

Since 30 June 2024 to 31 January 2025, the total amount of rates in arrear has reduced from $1,354,550 to $682,937. This represents a 50.42% reduction in total arrears since 31 January 2025. Further improvement is expected following the adoption and implementation of a more streamlined debt collection process.

Recommendation

That Council notes the report regarding the recovery of rates in arrears.

 

Report

As at 30 September 2024, there were 209 ratepayers in arrears with an amount of $983,468 outstanding. The table provided to Council at the October 2024 meeting is set out below.

As at 31 January 2025, there were 136 ratepayers in arrears with an amount of $682,937 outstanding. This has resulted in an improvement of the total amount of rates in arrears by $300,531, or 30.55%. A table summarising the figures as at 31 January 2025 is set out below.

As at 30 September 2024, one ratepayer owed $102,224 on 13 properties. The ratepayer has now paid the full outstanding amount on one of the properties, and partial payment on some of the other properties. The ratepayer has indicated that they intend to pay the balance at the end of February 2025 once some livestock has been sold.  A balance of $60,187 is now outstanding.

Proposed changes to the debt collection process are the subject of a separate report to Council at this meeting.  These changes will streamline the debt collection process, and are expected to result in improved rates recovery going forward. 

Conclusion

An increased focus on debt recovery for rates in arrears has improved the position since 30 June 2024. Further improvements in the debt recovery process are expected to streamline the process.

Council Implications

Community Engagement/Communication

Ensuring that the community is informed on debt collection provides transparency and equity for all ratepayers on Council’s financial position. Ongoing positive and supportive communication with ratepayers who have outstanding rates is important.

Policy and Regulation

Council is proposing to revise its debt recovery policy and process to improve efficiency and to make the process clearer for staff and ratepayers.

Financial/Long Term Financial Plan

It is important to ensure that rates are received by Council in a timely fashion to ensure that Council operations are sustainable and compliant with regulatory requirements.

Asset Management/Asset Management Strategy

There is a negative impact on cash flow management when outstanding debts are not collected on time.

Workforce/Workforce Management Strategy

A new procedure for the debt recovery is required to be implemented following the review of the debt recovery policy.

Legal and Risk Management

The debt recovery policy has been reviewed by external lawyers specialising in debt collection.

 


Ordinary Council Meeting Business Agenda

25 February 2025

 

14.12        Debt Recovery Policy Review and Hardship Policy Review

Department:

Corporate & Community

Prepared By:

Manager Governance and Service Centre

Authorised By:

General Manager

LINKAGE TO INTEGRATED PLANNING AND REPORTING FRAMEWORK

1.        Hardship Policy

2.        Draft Debt Recovery Policy 2025 Attachments:

Goal:

4.              We are an independent shire and well-governed community

Strategy:

4.3.           An efficient and effective independent local government

 

Summary

A major review of the Debt Recovery Policy has been undertaken by external legal professionals specialising in debt recovery (SR Law). The changes to the Debt Recovery Policy will provide:

·      clear and consistent processes for ratepayers, Council staff, and external agencies;

·      enhanced communication and engagement with ratepayers to avoid escalation;

·      a more streamlined and efficient debt recovery process; and

·      an improved framework that aligns with legal and financial sustainability goals.

The revised Debt Recovery Policy ensures Council meets its statutory requirements while prioritising equity, transparency, and financial hardship considerations. This policy also refers to the Hardship Policy.

A minor review of the Hardship Policy was also undertaken by SR Law. They concluded that the existing policy remains robust, equitable, and compliant with statutory requirements. Therefore, no substantive changes to the Hardship Policy are recommended. Minor changes include updating references to legislation, position descriptions and to update the layout of the revised policy into the revised policy format.  Ongoing review of the Hardship Policy by officers is planned to ensure it continues to respond sensitively to community need and economic pressures while ensuring sound recovery provisions for Council.

 

Recommendation

That Council:

1.    Endorses the revised Debt Recovery Policy and revised Hardship Policy for public exhibition for 28 days.

2.    Receives a further report on completion of the exhibition period should any submissions be received and/or changes proposed.

3.    Adopts the revised Policies should no submissions be received or changes proposed.

 

Report

Council’s Debt Recovery Policy deals with debts relating to rates and charges, and sundry debts. These are dealt with separately as under the Local Government Act 1993 (‘LG Act’), there are different debt recovery processes that are followed when taking steps to recover outstanding rates and charges, as compared to sundry debts.

Rates and charges – current process

Council’s current Debt Recovery Policy requires that Council undertake the following steps for outstanding rates and charges:

 

Date

Event

31 Jul

Rates Notice issued by Council (aka 1st instalment notice)

31 Aug

1st Instalment falls due

15 Sep

Council issues reminder notice for any amounts >=$100  (due 29 Sep)

30 Sep

Council issues 2nd reminder notice (due 14 October)

15 Oct

Council refers debts >= $1,000 and for which 2 instalments remain outstanding to debt recovery agency

16 Oct

Debt recovery agency issues demand letters (due 30 Oct)

23 Oct

Debt recovery agency makes phone or email demand

30 Oct

2nd instalment notice issued by Council

30 Oct

Debt recovery agency sends to Council list for filing Statement of Claim (‘SoC’)

3 Nov

Council instructs debt recovery agency with list to file SoC’s

7 Nov

Debt recovery agency files and serves SoC’s

14 Nov

Debt recovery agency issues judgment warning letters

28 Nov

Debt recovery agency sends list to Council for default judgment and enforcement

30 Nov

2nd Instalment falls due

1 Dec

Council instructs debt recovery agency to file for default judgment and enforcement

2 Dec

Debt recovery agency issues default judgments

3 Dec

Debt recovery agency commences enforcement

 

The debt recovery process for overdue rates is lengthy and extends into the next instalment period, as instalments are spaced about three months apart. The above timeline does not account for delays in referring cases to the debt recovery agency or the time that they spend awaiting Council’s instructions for complex matters.

As a result, ratepayers may receive Council correspondence about overdue rates for the next instalment while the debt recovery agency pursues payments from the previous period, causing confusion.

For Council staff, this process is inefficient, requiring two reminder notices to be issued by them which adds to the workload of the small finance team. Tracking referrals is also complex, as staff must confirm that two instalments are overdue, and the total exceeds $1,000 before referring the debt to the external debt recovery agency.

Rates and charges – proposed process

The revised Debt Recovery Policy proposes to shorten the recovery process and to change the criteria of debts that are referred to the debt recovery agency.

The proposed process is outlined below and uses the first instalment as an example.

Date

Event

31 Jul

Rates Notice issued by Council (aka 1st instalment notice)

31 Aug

1st Instalment falls due

15 Sep

Council issues reminder notice for any amounts >=$100 (due 29 Sep)

30 Sep

Council refers debts >= $1,000 to debt recovery agency

1 Oct

Debt recovery agency issues demand letters (due 15 Oct)

8 Oct

Debt recovery agency makes phone or email demand

16 Oct

Debt recovery agency sends to Council list for filing Statement of Claim (‘SoC’)

20 Oct

Council instructs debt recovery agency with list to file SoC’s

21 Oct

Debt recovery agency files and serves SoC’s

30 Oct

2nd instalment notice issued by Council

4 Nov

Debt recovery agency issues judgment warning letters

19 Nov

Debt recovery agency sends list to Council for default judgment and enforcement

21 Nov

Council instructs debt recovery agency to file for default judgment and enforcement

24 Nov

Debt recovery agency issues default judgments

25 Nov

Debt recovery agency commences enforcement

30 Nov

2nd Instalment falls due

 

The benefit of the revised debt recovery process is that it is simpler and easier to manage. The Council officer only needs to send one reminder letter to the ratepayer for any amount outstanding that is more than $100. Then, if there are any debts in arrears of more than $1,000 that are overdue 14 days after the rate or charge falls due, it can then be referred to the debt recovery agency. The officer does not need to confirm that two reminder notices have been sent, and that the debt relates to two or more instalment periods. Presently it is difficult for Council’s finance officer to confirm all of these variables as there is no simple report to confirm these details.

The recovery process once it has been referred to the debt recovery agency is primarily the same as it was in the current Debt Recovery Policy.

Payment arrangements

At any time, ratepayers can enter into payment arrangements with Council for their outstanding rates.

Under the LG Act, Council has the authority to make payment arrangements with ratepayers for overdue rates and charges. These arrangements provide flexibility for ratepayers facing financial difficulties while ensuring councils can recover outstanding debts.

Eligibility and Structure

·      Council allows weekly, fortnightly, or monthly payment schedules.

·      Payment arrangements should, where possible, clear outstanding amounts by 30 June of the current financial year in which the debt is owed.

·      If this is not feasible, the arrangement should aim to settle the debt within 12 months of approval.

·      Ratepayers unable to meet this timeframe may be referred to the Council’s Hardship Policy for further assistance.

Short-Term Extensions vs. Formal Agreements

·      Council may approve short extensions for payment.

·      Longer arrangements (over three months) must be documented in writing, with formal confirmation sent to the ratepayer.

Interest on Overdue Amounts (s 566 of the LG Act)

·      Interest continues to accrue on overdue balances, even under a payment plan.

·      Payments are applied to the oldest outstanding rates and charges first (s 568 of the LG Act).

Defaulting on Arrangements

·      If a ratepayer defaults twice, the payment arrangement is cancelled, and debt recovery actions resume.

·      If the outstanding debt exceeds $1,000, the account may be referred to a debt collection agency.

Hardship Policy

The Hardship Policy provides a framework for assessing and supporting ratepayers and customers experiencing genuine financial hardship. It applies to applications for waivers, deferments, alternative payment arrangements, or the writing-off of rates, annual charges, water charges, and accrued interest.

Hardship may arise from circumstances such as illness, loss of income, natural disasters, or family crises. Applicants must complete a Financial Hardship Relief Application Form and provide supporting documentation, such as bank statements or letters from financial or medical professionals. Council does not reduce rates or annual charges but may approve periodical payment plans or waive accrued interest if payment would cause hardship.

Payment arrangements must generally ensure debts are cleared by 30 June of the financial year, with exceptions considered under extenuating circumstances. Council may also write off accrued interest for first-time defaulters, those with serious illness, or those complying with an approved payment plan.

The General Manager has discretion to waive amounts up to $1,000, while larger amounts require a Council resolution. A Payment Assistance Panel reviews hardship applications and appeals, ensuring decisions align with social justice principles and statutory requirements. All hardship applications are treated confidentially, and applicants are notified of decisions within 30 days.

Sundry debts

The debt recovery process for sundry debts, such as fees for a service, generally follow the same process as for rates and charges. The main difference is that if an account is not paid by the due date and an account has amounts that are 60 days in arrears, Council may refer the account to its debt collection agency.  For accounts which have amounts overdue but for which the balance is less than $300, Council staff will continue to contact account holders at reasonable intervals to attempt recovery.

Conclusion

The proposed revisions to Council’s Debt Recovery Policy aim to create a more efficient, streamlined process for managing overdue rates and charges. By reducing the number of reminder notices and simplifying the referral criteria for debt recovery, the changes will alleviate administrative burdens on Council staff while maintaining a fair and structured approach to debt collection.

Additionally, the continued emphasis on payment arrangements and the Hardship Policy ensures that ratepayers experiencing financial difficulties have access to support mechanisms that balance flexibility with Council’s need to recover outstanding debts. The revised process ultimately enhances efficiency, minimises confusion for ratepayers, and ensures Council’s financial sustainability while upholding social responsibility.

Council Implications

Community Engagement/Communication

Ensuring that the community is informed on debt recovery provides transparency and equity for all ratepayers on Council’s financial position. Ongoing positive and supportive communication with ratepayers who have outstanding rates is important.

Policy and Regulation

Council will continue to revise its debt recovery policy and process to improve efficiency and to make the process clearer and sensitive to ratepayer needs.

Financial/Long Term Financial Plan

It is important to ensure that rates are received by Council in a timely fashion to ensure that Council operations are sustainable and compliant with regulatory requirements.

Asset Management/Asset Management Strategy

There is a negative impact on cash flow management when outstanding debts are not collected on time.

Workforce/Workforce Management Strategy

A new procedure for the debt recovery is required to be implemented following the review of the debt recovery policy.

Legal and Risk Management

The debt recovery policy has been reviewed by external lawyers specialising in debt recovery.

 


Ordinary Council Meeting Business Agenda

25 February 2025

 







Ordinary Council Meeting Business Agenda

25 February 2025

 








 


Ordinary Council Meeting Business Agenda

25 February 2025

 

14.13        Policy on Policy Making

Department:

Corporate & Community

Prepared By:

Manager Governance and Service Centre

Authorised By:

General Manager

Reference:

UINT/24/20367

Attachments:

1.        DRAFT - Policy on Policy Making

LINKAGE TO INTEGRATED PLANNING AND REPORTING FRAMEWORK

Goal:

4.              We are an independent shire and well-governed community

Strategy:

4.2.           A strategic, accountable and representative Council

4.3.           An efficient and effective independent local government

 

Summary

A Policy on Policy Making establishes Uralla Shire Council’s standards for developing and reviewing policies to ensure consistency, high quality, and accessibility of policy documents for Council Officers and the community. It aims to enhance transparency, governance, and risk management by providing clear guidelines for all policy-related activities.

 

Recommendation

That Council:

1.    Endorses the Policy on Policy Making for public exhibition for 28 days.

2.    Receives a further report on completion of the exhibition period should any submissions be received and/or changes proposed.

3.    Adopts the Policy should no submission be received or changes proposed.

 

Report

The Policy on Policy Making (‘Policy’) outlines the objectives and principles for policy development and review within Uralla Shire Council, ensuring that policies are high quality, compliant with legislation, and easily accessible by both Council Officers and the public. The Policy sets standards to guide the creation of both internal and external policies, aiming for consistency and clarity in the documentation process.

Key Highlights of the Policy:

1.    Purpose of Policy Development
The Policy’s purpose is to establish broad guidance for Council decision-making, ensure compliance with statutory requirements, and support operational objectives. Policies may be developed in response to specific risks or circumstances, and Council will adopt relevant NSW Government policies where appropriate, instead of duplicating legislation.

2.    Policy Adoption
Policies are classified as either External (impacting the community or Councillors) or Internal (guiding internal Council operations).

External Policies require a public exhibition period of at least 28 days, with documents made available online and in physical copies at Council's Administration Centre and libraries.

Internal Policies undergo review and adoption within relevant Council committees like MANEX (Managers and Executive staff) before being implemented.

3.    Policy Review

All Policies are reviewed at least once every Council term or more frequently if required by legislative or organisational needs.

Minor Policy reviews (administrative changes, minor updates, or legislative alignment) can be made without re-adoption, but must be submitted to MANEX for endorsement.

Major Policy reviews (substantive changes) follow the full adoption process as outlined for new policies.

4.    Consultation and Communication

Draft External Policies are publicly exhibited for a minimum of 28 days, and community feedback is actively solicited during this time.

The community can submit feedback through Council’s website or at Council’s Administration Centre and library branches.

5.    Enforcement
Breaches of policies may lead to consequences under Council’s Model Code of Conduct, ensuring compliance with both statutory requirements and internal procedures.

Roles and Responsibilities:

·      Council Officers, including Councillors and staff, are responsible for adhering to the policies and participating in their development and review.

·      The Manager, Governance and Service Centre will oversee the implementation of this policy, maintain the policy register, facilitate policy reviews, and ensure the public exhibition process is conducted as required.

Conclusion

Council is invited to endorse the Policy on Policy Making and recommend its progress to public exhibition. Alternatively, suggestions for amendments may be provided before proceeding.

Council Implications

Community Engagement/Communication

The Policy on Policy Making will undergo a public exhibition period of 28 days, providing the community with an opportunity to offer feedback. This ensures transparency and active community involvement in the policy development process.

Policy and Regulation

Compliance with various legislative frameworks, including the Local Government Act 1993 (NSW), Government Information (Public Access) Act 2009 (NSW), and the Privacy and Personal Information Protection Act 1998 (NSW).

Financial/Long Term Financial Plan

Nil.

Asset Management/Asset Management Strategy

Nil.

Workforce/Workforce Management Strategy

This new Policy will improve understanding among employees, particularly subject matter experts and policy owners, about their responsibilities in the policy development and review cycle. The Policy also encourages upskilling and training.

Legal and Risk Management

The Policy mitigates legal and operational risks by establishing a controlled process for policy development, ensuring that all documents undergo multiple levels of review and meet legislative requirements.

Performance Measures

The Policy's implementation will be tracked through specific Operational Plan Action Items, with progress reported to Council on a regular basis.

Project Management

The Policy Register will be maintained by the Manager, Governance and Service Centre, who will coordinate relevant project teams for policy reviews as required.

 


Ordinary Council Meeting Business Agenda

25 February 2025

 







 


Ordinary Council Meeting Business Agenda

25 February 2025

 

14.14        Quarterly Budget Review December 2024-25 (QBRS)

Department:

Corporate & Community

Prepared By:

Manager Finance

Authorised By:

General Manager

Reference:

UINT/25/2396

Attachments:

1.        2024-25 QBRS 2 Combined Report

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 purpose of this report is to present to Council a review of the budget for the second quarter of the 2024/25 financial year.

 

Recommendation

That Council:

1.    Receives and notes the second quarter budget review summary for the 2024/25 financial year; and

2.    Adopts the adjustments to budget allocations.

 

 

BACKGROUND:

It is a statutory requirement that Council’s Responsible Accounting Officer prepares and submits a budget review statement to Council on a Quarterly basis each financial year (LGGR 2005 cl.203 (1)). Also, in compliance with the Local Government (General) Regulation, Council’s Responsible Accounting Officer must include with the budget review report an opinion on the financial position of Council and any recommendations for remedial action if required. As such the second quarterly review for the 2024/25 financial year has been prepared and is attached for Council’s review.

 

Report

The original budget for the 2024-25 financial year projected a negative operating result before considering grants for capital purposes and accounting for depreciation and amortisation. However, following adjustments in QBR1 and QBR2, the year-end operating result now indicates even further decline in the negative results. The table below provides a quick overview of the budget adjustments.

 

Particulars

Original Budget

Budget with QBR1 Revisions

Proposed budget with QBR2

Operating results ‐ before capital grants & depreciation

4,646

4,833

4,369

Operating results ‐ after depreciation

(1,703)

(2,514)

(2,978)

Overall results ‐ with capital grants

3,747

3,253

1,069

Net cash flow for the year

(2,261)

(2,074)

(2,806)

 

ISSUES

The first quarter quarterly budget review reported a positive revenue of $960k, while expenses totalled $1.4 million, including $1.0 million for depreciation. The largest adjustment in depreciation was for tip remediation assets.

The second quarterly budget review proposes a negative adjustment of $130k to revenue, a $563k increase in expenses, a $1.7 million decrease in grant funding for capital works, and a $1.6 million reduction in capital expenses, with overall negative impact of $741k.

Tablelands Community Services (TCS) and Tablelands Community Transport (TCT)

The major adjustment in this quarter comes from Tablelands Community Services (TCS) and Tablelands Community Transport (TCT), which resulted in a negative adjustment of $795k resulting from the following:

·    Not meeting the target number of home care package services;

·    Exceeding the forecast budget for contractor costs for client services; and

·    Not delivering the projected number of transport services.

This budget adjustment is regrettable, and while there are a number of contributing factors, the focus now is on undertaking a detailed internal review process and deep dive financial analysis to better understand the business model.  The objective is to review all aspects of the business functions to identify opportunities to increase revenue recovery, recover all Council costs, ensure robust financial management and reporting processes are in place, build performance and delivery, and comply with increased legislative standards and funding provider requirements.  Our valued community care staff are committed to delivering these important services for the aged and vulnerable members of our community to ensure they can remain in their own homes for as long as possible, and to provide transport solutions across our catchment area. 

A report will be prepared for Council as soon as possible on the findings from the current review with recommendations for the future direction for Council’s consideration.

Restart NSW (RNSW) grant funded projects

The second-largest impact on expenses relates to RNSW grant-funded projects, which were affected by changes in timing of project completion. When the 24/25 budget was prepared, it was anticipated that a significant number of the RNSW funded projects would be continued into the 24/25 financial year.  However, the civil infrastructure team worked diligently right up to 30 June 2024 and completed a significant number of projects ahead of the new financial year.  Given the earlier completion of this work, a portion of both the revenue ($1.7m) and expenses ($1.3m) for this year’s budget were already accounted for in 2023-24.   Accordingly, the changes result in a negative impact on revenue for $1.7 million, and a reduction in expenses of $1.4 million. The net result is a $300,000 negative impact on the budget forecast.

This $300k difference between revenue and expenses refers to the wages originally allocated to capital work budgets, which have now been reallocated to operational wages.

Conclusion

Based on the available information, analysis of the quarterly budgets, and past trends, my view is that the Council has the capacity to sustain its regular operations (excluding depreciation) from its operational revenue. However, the major challenge arises when it comes to the renewal or upgrade of assets, as this is when the Council's cash flow becomes negative. The Council needs to focus on addressing the gaps by exploring options to increase revenue for long term sustainability.

Council Implications

Community Engagement/Communication

Report of budget reviews to the Council’s ordinary meeting.

 

Policy and Regulation

Local Government Act 1993;

Local Government Regulations (General) 2005;

Local Government Code of Accounting Practice and Financial Reporting; and

Australian Accounting Standards.

Financial/Long Term Financial Plan

This report is a review of the annual budget up to the end of the second quarter. Changes to the budget are as outlined in the attached statements.

 

Asset Management/Asset Management Strategy

N/A

Workforce/Workforce Management Strategy

N/A

Legal and Risk Management

Council is required by legislation (clause 203 of the Regulations) to prepare quarterly budget review statements for the first three quarters of each year, including an opinion by the Responsible Accounting Officer as to whether the financial position of the Council is satisfactory.

 

Corporate Governance – the second quarter budget complies with legislative requirements. This risk is assessed as low.

Financial Management – The original budget for 2024-25, adopted by the Council in June 2024, has been updated with the QBRS1 adjustments and will be further updated with the adjustments from the second quarterly budget review. This risk is assessed as low.

Performance Measures

One of three required budget reviews. Budget reviews are completed within two months after the end of each quarter.

Project Management

N/A

 













Ordinary Council Meeting Business Agenda

25 February 2025

 

14.15        Loans as at 31 January 2025

Department:

Corporate & Community

Prepared By:

Senior Finance Officer

Authorised By:

Director Corporate & Community

LINKAGE TO INTEGRATED PLANNING AND REPORTING FRAMEWORK

Goal:

4.              We are an independent shire and well-governed community

Strategy:

4.2.           A strategic, accountable and representative Council

 

Summary

This report provides Council with a reconciliation of borrowings as at the end of the reporting month.

 

Recommendation

That Council notes that the total loan position as of 31 January 2025 is $1,232,830.

 

 

Report

This report is provided to inform Council of the reconciliation of borrowings on a monthly basis. A reconciliation of borrowings for the month of January confirmed that the loan position as of 31 January 2025 is $1,232,830. 

The table below provide details of interest applied and instalments paid since the last report. 

Conclusion

I, Mustaq Ahammed, Chief Financial Officer hereby certify that the above borrowings have been made in accordance with the requirements of the Local Government Act 1993 (the Act) (Chapter 15, Part 12 – sections 621 to 624) and the Local Government (General) Regulation 2021 (the Regulation) (Section 230).

 


Ordinary Council Meeting Business Agenda

25 February 2025

 

14.16        Investments as at 31 January 2025

Department:

Corporate & Community

Prepared By:

Senior Finance Officer

Authorised By:

General Manager

LINKAGE TO INTEGRATED PLANNING AND REPORTING FRAMEWORK

Goal:

4.              We are an independent shire and well-governed community

Strategy:

4.2.           A strategic, accountable and representative Council

 

Summary

This Report contains a summary of bank accounts, term deposits, cash management accounts and investments in structured credit instruments. The investments have been made in accordance with Section 625 of Local Government Act 1993, Regulation 212 of the NSW Local Government (General) Regulations 2021, and Council’s Investment Policy 2019.

 

 

Recommendation

That Council notes the cash position as of 31 January 2025 consisting of:

·    cash and overnight funds of $3,423,367;

·    term deposits of $24,350,000;

·    total convertible funds of $27,773,367 ($3,423,367 + $24,350,000) (including restricted funds).

 

 

Report

Current term deposits of $24,350,000 spread over the next twelve months will receive interest rates ranging from 4.90% to 5.45%, with an average rate of 5.09%. Council’s General Fund bank balances (refer to the Schedule of Cash at bank and Term deposits below) have been reconciled to the bank statement as of 31 January 2025.

An additional table has been added to this report to provide movement of term deposits with different banks.

 

key issues

Official cash rate

The current official cash rate as determined by the Reserve Bank of Australia (RBA) was 4.35% as at 31 January 2025.  It is noted that the Reserve Bank reduced rates at its February Board meeting.  This decision and any subsequent rate cuts will potentially reduce future investment returns.

The timing of potential interest rate changes will be guided by the incoming data and the RBA Board’s assessment of the outlook for inflation and the labour market. The changes in interest rates have resulted to higher investment returns for the Council in 2023-24, and a good return is still expected this year as most term deposits secured higher rates.

McMaugh Gardens - Bond Liability

As per the Department of Health’s prudential guidelines, the council is advised to disclose the amount of McMaugh Garden’s bond liability in the investment report. McMaugh Garden’s Bond liability status as of 31 January 2025 is shown below:

 

Restricted and Unrestricted Cash, Cash Equivalents, and Investments

Of the amount of cash disclosed in this report, not all the cash is available for unrestricted use by Council. Most of the cash has been set aside to meet external restrictions, being those funds that have been provided for specific purposes such as developer contributions, government grants, loans, water supplies, sewer services and Aged Care Bonds. Additionally, a portion of the cash has been set aside to cover future commitments that Council has made relating to asset renewals, remediation works or leave provisions.

Most of the Council’s cash is externally restricted and not available for day-to-day operational expenditure.  As per audited financial statements for the year ending 30 June 2024, the amount of unrestricted cash was $1,878,692. Council updates its restriction status at the end of each quarter. Based on latest reconciliation as of 31 December 2024, the Council’s unrestricted cash is $1,954,963.


 


 

Conclusion

I, Mustaq Ahammed, Manager Finance, hereby certify that the above investments have been made in accordance with the Section 212 of the Local Government (General) Regulation 2021, and section 625 of the Local Government Act 1993, and Council’s investment policy.

 


Ordinary Council Meeting Business Agenda

25 February 2025

 

14.17        Register Resolutions Actions Status as at 19 February 2025

Department:

General Manager’s Office

Prepared By:

Executive Assistant

Authorised By:

General Manager

Reference:

UINT/25/588

Attachments:

1.        Resolutions Actions Status Report as at 19 February 2025

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

The purpose of this report is to provide Council with the Resolution Action Status updates.

 

Recommendation

That Council notes the Resolution Actions Status Report as at 19 February 2025.

 

Report

Following every council meeting, the resolutions of Council which require action are compiled. This document is referred to as the Resolutions Action Status Report.

The purpose of the Resolutions Action Status Report is to enable Council to monitor progress of resolutions until they are actioned.

Once resolutions have been completed they are removed automatically from the report.  

 

Conclusion

The Resolutions Action Status Report is presented to Council at each Ordinary Meeting.

 


Ordinary Council Meeting Business Agenda

25 February 2025

 





Ordinary Council Meeting Business Agenda

25 February 2025

 

15         Confidential Matters

Recommendation

That Council considers the confidential report(s) listed below in a meeting closed to the public in accordance with Section 10A(2) of the Local Government Act 1993:

15.1          Grace Munro Options

This matter is considered to be confidential under Section 10A(2) - d(i) of the Local Government Act 1993, and the Council is satisfied that discussion of this matter in an open meeting would, on balance, be contrary to the public interest as it deals with commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

 

 

 

 

16         Communication of Council Decision

17         Conclusion of Meeting