Mayor: Cr K Milne Councillors: P Allsop R Byrnes C Cherry ...€¦ · 1. Council has not provided...

Mayor: Cr K Milne Councillors: P Allsop

R Byrnes C Cherry (Deputy Mayor) R Cooper J Owen W Polglase

Minutes

Ordinary Council Meeting Thursday 15 August 2019

held at

Harvard Room, Tweed Heads Administration Building, Brett Street, Tweed Heads

commencing at 5.30pm

Council Meeting Date: Thursday 15 August 2019

THIS PAGE IS BLANK


The Meeting commenced at 5.36pm. IN ATTENDANCE Cr Katie Milne (Mayor), Cr Chris Cherry (Deputy Mayor), Cr Pryce Allsop, Cr Reece Byrnes, Cr James Owen and Cr Warren Polglase Also present were Mr Troy Green (General Manager), Mr Anthony Burnham (Acting Director Engineering), Mr Vince Connell (Director Planning and Regulation), Ms Tracey Stinson (Director Sustainable Communities and Environment), Mr Michael Chorlton (Executive Manager Finance, Revenue and Information Technology), Mrs Suzanne Richmond (Executive Manager People, Communication and Governance), Mr Shane Davidson (Executive Officer), Ms Stephanie Papadopoulos (Manager Corporate Governance) and Mrs Maree Morgan (Minutes Secretary). ABORIGINAL STATEMENT The Mayor acknowledged the Bundjalung Aboriginal Nation with the following statement:

"We wish to recognise the generations of the local Aboriginal people of the Bundjalung Nation who have lived in and derived their physical and spiritual needs from the forests, rivers, lakes and streams of this beautiful valley over many thousands of years as the traditional owners and custodians of these lands."

PRAYER The meeting opened with a Prayer lead by Pastor Gavin Irvine from the Kingdom Life Church, Tweed Heads.

"LORD God Almighty We thank you for this amazing place and we ask that You help the leadership of the Tweed make wise decisions to oversee the Tweed and help it stay the best place to live in Australia. We that You for the vast array of people who call Tweed Shire home and ask that You help the leadership of this area to cultivate an environment for people to keep flourishing and flourish even more. May the LORD bless us and keep us May the LORD make his face shine on us and show us his favour May the LORD lift up his face toward us and give us peace Amen"

APOLOGIES Attendee Cr R Cooper was granted Leave of Absence by Council at its Meeting on Wednesday 17 April 2019 Minute No 132 to attend the "Power to the People" Conference in Canberra on 14-16 August 2019.


CONFIRMATION OF MINUTES

1 [CONMIN-CM] Confirmation of Minutes of the Ordinary and Confidential Council Meeting held Thursday 20 June 2019

310

Cr W Polglase Cr P Allsop RESOLVED that: 1. The Minutes of the Ordinary and Confidential Council Meetings held Thursday 20 June

2019 be adopted as a true and accurate record of proceedings of that meeting. 2. ATTACHMENT 2 is CONFIDENTIAL in accordance with Section 10A(2) of the Local

Government Act 1993, because it contains:- (f) matters affecting the security of the council, councillors, council staff or council property.

The Motion was Carried FOR VOTE - Unanimous ABSENT. DID NOT VOTE - Cr R Cooper

2 [CONMIN-CM] Confirmation of Minutes of Ordinary and Confidential Council Meeting held Thursday 4 July 2019

311

Cr W Polglase Cr P Allsop RESOLVED that: 1. The Minutes of the Ordinary and Confidential Council Meetings held Thursday 4 July





3 [CONMIN-CM] Confirmation of Minutes of Ordinary and Confidential Council Meeting held Thursday 1 August 2019

312

Cr W Polglase Cr P Allsop RESOLVED that: 1. The Minutes of the Ordinary and Confidential Council Meetings held Thursday 1 August




DISCLOSURE OF INTEREST Cr C Cherry declared a Non-Significant, Non-Pecuniary Interest in Confidential Item C4 [SCE-CM] Tweed Holiday Parks Fees and Charges for the period 1 July 2020 to 30 June 2021. The nature of the interest is that Cr C Cherry's family own and run a caravan park in the Shire. Cr C Cherry advised that she will manage this interest by leaving in the Chamber during discussion and voting of the item. The Executive Manager People, Communication and Governance, Mrs Suzanne Richmond, declared a Non pecuniary, non-significant conflict of interest in relation to item 13 [GM-CM] Provision of Workers Compensation Tender. The nature of this interest is that she is a member of the StateCover Advisory Committee, our current Workers Compensation Insurer and proposed successful tenderer. The Executive Manager People, Communication and Governance advised that she has previously managed this conflict during the tender process by declaring the conflict in writing to the General Manger and removing herself from any involvement in the tender process and will manage the conflict of interest by leaving the meeting during the discussion of this item.

ITEMS TO BE MOVED FROM ORDINARY TO CONFIDENTIAL - CONFIDENTIAL TO ORDINARY Nil.


SCHEDULE OF OUTSTANDING RESOLUTIONS

4 [SOR-CM] Schedule of Outstanding Resolutions at 15 August 2019 The Schedule of Outstanding Resolutions at 15 August 2019 report was received and noted. It is noted that Item 2 [PR-PC] Development Application DA18/0485 for Application for a Staged Development Consisting of Three Dwellings over /Three Stages (One Dwelling Per Stage) at Lot 3 DP 371134 No 141 Byangum Road, Murwillumbah, which was discussed at the meeting of 4 July 2019 and the "Current Status" should read "Awaiting legal advice."

MAYORAL MINUTE

5 [MM-CM] Mayoral Minute for June and July 2019

313

Cr K Milne RESOLVED that: 1. The Mayoral Minute for the months of June and July 2019 be received and noted. 2. The attendance of Councillors at the following nominated Conferences be authorised.

• Cr C Cherry to attend the 28th Annual NSW Coastal Conference to be held in Terrigal, NSW on 30 October to 1 November 2019.


RECEIPT OF PETITIONS

6 [ROP-CM] Receipt of Petitions at 15 August 2019 There were no petitions received.


SUSPENSION OF STANDING ORDERS

314

Cr K Milne Cr C Cherry RESOLVED that Standing Orders be suspended to deal with Item 15, 16, 17, 27, 29 and 52 of the Agenda. The Motion was Carried FOR VOTE - Unanimous

15 [PR-CM] Development Application DA19/0242 for the Erection of Dwelling to Create Detached Dual Occupancy and a Detached Garage and Carport at Lot 38 DP 263730 No. 52 Royal Drive, Pottsville

315

Cr P Allsop Cr J Owen PROPOSED that: A. Development Application DA19/0242 for the erection of dwelling to create detached dual

occupancy and a detached garage and carport at Lot 38 DP 263730 No. 52 Royal Drive, Pottsville be refused for the following reasons: 1. Council has not provided owner’s consent for an asset protection zone on public

land to benefit the development in accordance with Section 49 of the Environmental Planning and Regulation 2000.

2. The proposal does not meet the provisions of Section 3 of Planning for Bushfire

Protection 2006 in relation to the requisite asset protection zones. 3. The proposal is not in the public interest in that the proposal burdens public land

for the benefit of private development. B. ATTACHMENT 1 is CONFIDENTIAL in accordance with Section 10A(2) of the Local

Government Act 1993, because it contains:- (a) personnel matters concerning particular individuals (other than councillors).

AMENDMENT 1

316

Cr C Cherry Cr K Milne


RESOLVED that this item be deferred for further information in relation to changes in legislation affecting Lot 38 DP 263730 No. 52 Royal Drive, Pottsville and a further report be prepared for the 19 September 2019 meeting. Amendment 1 was Carried FOR VOTE - Unanimous ABSENT. DID NOT VOTE - Cr R Cooper Amendment 1 on becoming the Motion was Carried - (Minute No 316 refers) FOR VOTE - Unanimous ABSENT. DID NOT VOTE - Cr R Cooper

16 [PR-CM] Development Application DA19/0199 for a Residential Flat Building with Basement Car Parking and Swimming Pool Including Demolition of all Existing Structures at Lot 9 Section 3 DP 758571 No. 176 Marine Parade, Kingscliff

317

Cr W Polglase Cr J Owen RESOLVED that Development Application DA19/0199 for a residential flat building with basement car parking and swimming pool including demolition of all existing structures at Lot 9 Section 3 DP 758571 No. 176 Marine Parade, Kingscliff be approved subject to the following conditions: GENERAL 1. The development shall be completed in accordance with the Statement of Environmental

Effects and the following plans prepared by Lea Design Studio and dated 1 July 2019, except where varied by the conditions of this consent. Cover Page Site Plan DWG No. DA02 Revision E Basement Plan DWG No. DA04 Revision E Level 1 Plan DWG No. DA05 Revision E Level 2 Plan DWG No. DA06 Revision E Level 3 Plan DWG No. DA07 Revision E Level 4 Plan DWG No. DA08 Revision E Roof Plan DWG No. DA09 Revision E East Elevation DWG No. DA10 Revision E North Elevation DWG No. DA13 Revision E West Elevation DWG No. DA14 Revision E South Elevation DWG No. DA15 Revision E Longitudinal Section 1 DWG No. DA18 Revision E Longitudinal Section 2 DWG No. DA19 Revision E


Transverse Section 3 DWG No. DA20 Revision E Garage Access & Egress DWG No. DA28 Revision E Landscape Plan DWG No. DA29 Revision E Pool Details DWG No. DA32 Revision E

[GEN0005]

2. The issue of this Development Consent does not certify compliance with the relevant

provisions of the Building Code of Australia. [GEN0115]

3. Approval is given subject to the location of, protection of, and/or any necessary approved

modifications to any existing public utilities situated within or adjacent to the subject property. Any necessary adjustment or modification of existing services is to be undertaken in accordance with the requirements of the relevant authority, at the Developer's expense.

[GEN0135]

4. The development is to be carried out in accordance with Council's Development Design

and Construction Specifications. [GEN0265]

5. The owner is to ensure that the proposed building is constructed in the position and at

the levels as nominated on the approved plans or as stipulated by a condition of this consent, noting that all boundary setback measurements are taken from the real property boundary and not from such things as road bitumen or fence lines.

[GEN0300]

6. Bushfire Design and Construction

The intent of measures is that buildings are designed and constructed to withstand the potential impacts of bush fire attack. To achieve this, the following conditions shall apply: (a) Construction shall comply with Australian Standard AS3959-2009 'Construction of

buildings in Bush Fire-prone areas', Bushfire attack Level (BAL) 12.5 for dwelling. [GEN0335]

7. Prior to the commencement of construction of the new structure or use of the site a

‘clearance inspection’ shall be conducted for the site and a ‘clearance certificate’ issued by a licensed asbestos assessor or competent person which states that the site ‘does not pose a risk to health and safety from exposure to asbestos’ in accordance with Clause 474 of the Work Health and Safety Regulation 2017. A copy of this certificate shall be forwarded to the Principal Certifying Authority and Council within 7 days of completion of the 'clearance inspection'.

[GEN0350]

8. All works shall comply with AS2601-2001 Demolition of Structures and the Work Health

and Safety Regulation 2017. [GEN0360]

9. The exportation of waste (including fill or soil) from the site must be in accordance with

the provisions of the Protection of the Environment Operations Act 1997 and the Office of Environment and Heritage “Waste Classification Guidelines”. Excavated material shall be disposed of at an approved landfill facility unless material has been demonstrated to be the subject of a resource recovery exemption under Clause 51A of the Protection of the Environment Operations (Waste) Regulation 2014.

[GENNS01]


10. All proposed units/ dwellings shall connect to a single sewer junction in Kingscliff Lane. 11. A reflux valve shall be required on any sewer fixtures located within the basement.

[GENNS02] PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE 12. Pursuant to Section 4.17 of the Environmental Planning and Assessment Act, 1979 (as

amended) and Clause 97 of the Environmental Planning and Assessment Regulations 2000, Development Consent No. DA17/0240.02 dated 15 August 2019 shall be surrendered by lodgement of the prescribed information suitably executed, PRIOR to the issue of a Construction Certificate.

[PCC0005]

13. Section 7.11 Contributions

Payment of the following contributions pursuant to Section 7.11 of the Act and the relevant Contribution Plan. Pursuant to Clause 146 of the Environmental Planning and Assessment Regulations, 2000, a Construction Certificate shall NOT be issued by a Certifying Authority unless all Section 7.11 Contributions have been paid and the Certifying Authority has sighted Council's receipt confirming payment. A CURRENT COPY OF THE CONTRIBUTION FEE SHEET ATTACHED TO THIS CONSENT MUST BE PROVIDED AT THE TIME OF PAYMENT These charges will remain fixed for a period of 12 months from the date of this consent and thereafter in accordance with the rates applicable in the current version/edition of the relevant Section 7.11 Plan current at the time of the payment. A copy of the Section 7.11 contribution plans may be inspected at the Civic and Cultural Centres, Tumbulgum Road, Murwillumbah and Brett Street, Tweed Heads. (a) Tweed Road Contribution Plan:

19.5 Trips @ $1354 per Trips $26,403 ($1,137 base rate + $217 indexation) CP Plan No. 4 Sector6_4

(b) West Kingscliff - Drainage:

0.00745 HA @ $81789 per HA $613.42 ($5,664.10 base rate + $76,124.90 indexation) DCP Section B4 CP Plan No. 7

(c) West Kingscliff - Open Space:

4.8334 ET @ $3974 per ET $19,208 ($1,849 base rate + $2,125 indexation) DCP Section B4 CP Plan No. 7


(d) Shirewide Library Facilities:

4.8334 ET @ $985 per ET $4,761 ($792 base rate + $193 indexation) CP Plan No. 11

(e) Bus Shelters:

4.8334 ET @ $75 per ET $363 ($60 base rate + $15 indexation) CP Plan No. 12

(f) Eviron Cemetery:


(g) Community Facilities (Tweed Coast - North)

4.8334 ET @ $1624 per ET $7,849 ($1,305.60 base rate + $318.40 indexation) CP Plan No. 15

(h) Extensions to Council Administration Offices

& Technical Support Facilities 4.8334 ET @ $2195.88 per ET $10,613.57 ($1,759.90 base rate + $435.98 indexation) CP Plan No. 18

(i) Cycleways:


(j) Regional Open Space (Casual)

4.8334 ET @ $1282 per ET $6,196 ($1,031 base rate + $251 indexation) CP Plan No. 26

(k) Regional Open Space (Structured):


[PCC0215]

14. A certificate of compliance (CC) under Sections 305, 306 and 307 of the Water

Management Act 2000 is to be obtained from Council to verify that the necessary requirements for the supply of water and sewerage to the development have been made with the Tweed Shire Council. Pursuant to Clause 146 of the Environmental Planning and Assessment Regulations, 2000, a Construction Certificate shall NOT be issued by a Certifying Authority unless all Section 64 Contributions have been paid and the Certifying Authority has sighted Council's "Certificate of Compliance" signed by an authorised officer of Council.


BELOW IS ADVICE ONLY The Section 64 Contributions for this development at the date of this approval have been estimated as: Water: 3.69 ET @ $11,091 = $40,925.80 Sewer: 6.0 ET @ $7,173 = $43,038

[PCC0265] 15. All fill is to be graded at a minimum of 1% so that it drains to the street or other approved

permanent drainage system and where necessary, perimeter drainage is to be provided. The construction of any retaining wall or cut/fill batter must at no time result in additional runoff or ponding occurring within neighbouring properties. All earthworks shall be contained wholly within the subject land. Detailed engineering plans of cut/fill levels and perimeter drainage shall be submitted with a S68 stormwater application for Council approval.

[PCC0485]

16. A detailed Plan of Landscaping containing no priority weed species and with a minimum

80% of total plant numbers comprised of local native species to the Tweed Shire is to be submitted and approved by Council's General Manager or his delegate prior to the issue of a Construction Certificate. Local native species are to comprise appropriate species selected from the Tweed Shire Native Species Planting Guide available online at: http://www.tweed.nsw.gov.au/Controls/NativeSpeciesPlanting/Landing.aspx

[PCC0585]

17. A Traffic Control Plan in accordance with AS1742 and the latest version of the NSW

Government Roads and Maritime Services (RMS) publication "Traffic Control at Work Sites" shall be prepared by an RMS accredited person and shall be submitted to the Principal Certifying Authority prior to issue of the Construction Certificate for Subdivision Works. Safe public access shall be provided at all times.

[PCC0865]

18. Application shall be made to Tweed Shire Council under Section 138 of the Roads Act

1993 for works pursuant to this consent located within the road reserve. Application shall include (but not limited to) engineering plans and specifications undertaken in accordance with Councils Development Design and Construction Specifications for the following required works: (a) Vehicular access on Kingscliff Lane (b) Removal of existing driveway and steps on Marine Parade and replacement with

kerb and guttering to match existing (c) 1.2m wide reinforced concrete footpath along the full site frontage in Marine

Parade. The above mentioned engineering plan submission must include copies of compliance certificates relied upon and details relevant to but not limited to the following: • Road works/furnishings


• Stormwater drainage • Water and sewerage works • Sediment and erosion control plans • Location of all services/conduits • Traffic Control Plan (as applicable) Where Council is requested to issue a Construction Certificate for subdivision works associated with this consent, the abovementioned works can be incorporated as part of the Construction Certificate application, to enable one single approval to be issued. Separate approval under Section 138 of the Roads Act 1993 will then NOT be required.

[PCC0895]

19. The footings and floor slab are to be designed by a practising Structural Engineer after

consideration of a soil report from a NATA accredited soil testing laboratory and shall be submitted to and approved by the Principal Certifying Authority prior to the issue of a construction certificate.

[PCC0945]

20. Permanent stormwater quality treatment shall be provided in accordance with the

following: (a) The Construction Certificate Application for Building Works shall include a detailed

Stormwater Management Plan (SWMP) for the occupational or use stage of the development in accordance with Section D7.07 of Councils Development Design Specification D7 - Stormwater Quality.

(b) Permanent stormwater quality treatment shall comply with section 5.5.3 of the

Tweed Urban Stormwater Quality Management Plan and Councils Development Design Specification D7 - Stormwater Quality.

(c) The stormwater and site works shall incorporate Water Sensitive Urban Design

principles and where practical, integrated water cycle management. [PCC1105]

21. Disposal of stormwater by means of infiltration devices must be carried out in

accordance with Section D7.09 of Tweed Shire Councils Development Design and Construction Specification - Stormwater Quality. Surcharge overflow from the infiltration area to the street gutter must occur by visible surface flow, not piped.

[PCC1125] 22. A Construction Certificate application for works that involve any of the following:

• connection of a private stormwater drain to a public stormwater drain • installation of stormwater quality control devices • erosion and sediment control works will not be approved until prior separate approval to do so has been granted by Council under Section 68 of the Local Government Act.


a) Applications for these works must be submitted on Council's standard Section 68 stormwater drainage application form accompanied by the required attachments and the prescribed fee. The Section 68 Application must be approved by Council prior to the associated Construction Certificate being issued.

[PCC1145] 23. Erosion and Sediment Control shall be provided in accordance with the following:

(a) The Construction Certificate Application must include a detailed Erosion and

Sediment Control Plan prepared in accordance with Section D7.07 of Development Design Specification D7 - Stormwater Quality.

(b) Construction phase erosion and sediment control shall be designed, constructed

and operated in accordance with Tweed Shire Council Development Design Specification D7 - Stormwater Quality and its Annexure A - “Code of Practice for Soil and Water Management on Construction Works”.

[PCC1155]

24. The peak stormwater flow rate that may be discharged from the site to the public realm,

in events of intensity up to the ARI 100 year design storm, shall be no greater than pre-development rates. This can be achieved by On site stormwater detention (OSD) utilising above and or below ground storage. OSD devices including discharge control pits (DCP) are to generally comply with standards in the current version of The Upper Parramatta River Catchment Trust "On-Site Stormwater Detention Handbook" except that permissible site discharge (PSD) and site storage requirements (SSR) in the handbook do not apply to Tweed Shire. Above ground “leaky tanks” will not be permitted. Details are to be submitted with the S68 stormwater application.

[PCC1165]

25. Medium density/integrated developments, excluding developments containing less than

four attached or detached dwellings and having a Building Code classification of 1a, will be required to provide a single bulk water service at the road frontage. Individual metering beyond this point shall be managed by occupants. Application for the bulk metre shall be made to the supply authority detailing the size in accordance with NSW Code of Practice - Plumbing and Drainage and BCA requirements. Note: The Environmental Planning and Assessment Act, 1979 (as amended) makes no provision for works under the Water Management Act, 2000 to be certified by an Accredited Certifier.

[PCC1185] 26. An application shall be lodged together with any prescribed fees including inspection

fees and approved by Tweed Shire Council under Section 68 of the Local Government Act for any water, sewerage, on site sewerage management system or drainage works including connection of a private stormwater drain to a public stormwater drain, installation of stormwater quality control devices or erosion and sediment control works, prior to the issue of a Construction Certificate.

[PCC1195] 27. Where any existing sewer junctions are to be disused on the site, the connection point

shall be capped off by Council staff. Applications shall be made to Tweed Shire Council and include the payment of fees in accordance with Councils adopted fees and charges.


[PCC1235]

28. If the development is likely to disturb or impact upon water or sewer infrastructure (eg:

extending, relocating or lowering of pipeline), written confirmation from the service provider that they have agreed to the proposed works must be submitted to the Principal Certifying Authority prior to the issue of a Construction Certificate or any works commencing, whichever occurs first. Applications for these works must be submitted on Council's standard Section 68 Application form accompanied by the required attachments and the prescribed fee. The arrangements and costs associated with any adjustment to water and wastewater infrastructure shall be borne in full by the applicant/developer. The Section 68 Application must be approved by Council prior to the associated Construction Certificate being issued.

[PCC1310]

29. The existing sewer junction shall be located and shown on construction plans prior to

construction works. Should the sewer junction be located where the driveway is proposed, the applicant shall raise the riser to surface level and ensure that the lid and surround is trafficable, as shown on TSC SD252.

[PCCNS01]

PRIOR TO COMMENCEMENT OF WORK 30. The proponent shall accurately locate and identify any existing sewer main, stormwater

line or other underground infrastructure within or adjacent to the site and the Principal Certifying Authority advised of its location and depth prior to commencing works and ensure there shall be no conflict between the proposed development and existing infrastructure prior to start of any works.

[PCW0005]

31. An application is to be made to Council to temporarily “cap off” the existing building

sewerage house drainage from Council's sewerage system, prior to any demolition work commencing. A Plumbing and Drainage Works on Private Land application form shall be submitted to Tweed Shire Council and payment of fees in accordance with Councils adopted fees and charges.

[PCW0045] 32. Prior to work commencing, a "Notice of Commencement of Building or Subdivision Work

and Appointment of Principal Certifying Authority" shall be submitted to Council at least 2 days prior to work commencing.

[PCW0225]

33. Residential building work:

(a) Residential building work within the meaning of the Home Building Act 1989 must

not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the following information: (i) in the case of work for which a principal contractor is required to be appointed:

* in the name and licence number of the principal contractor, and


* the name of the insurer by which the work is insured under Part 6 of that Act,

(ii) in the case of work to be done by an owner-builder:

* the name of the owner-builder, and * if the owner-builder is required to hold an owner builder permit under

that Act, the number of the owner-builder permit. (b) If arrangements for doing the residential building work are changed while the work

is in progress so that the information notified under subclause (1) becomes out of date, further work must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the updated information.

[PCW0235]

34. A temporary builder's toilet is to be provided prior to commencement of work at the rate

of one closet for every 15 persons or part of 15 persons employed at the site. Each toilet provided must be: (a) a standard flushing toilet connected to a public sewer, or (b) if that is not practicable, an accredited sewage management facility approved by

the council [PCW0245]

35. Where prescribed by the provisions of the Environmental Planning and Assessment

Regulation 2000, a sign must be erected in a prominent position on any site on which building work, subdivision work or demolition work is being carried out: (a) showing the name, address and telephone number of the principal certifying

authority for the work, and (b) showing the name of the principal contractor (if any) for any building work and a

telephone number on which that person may be contacted outside working hours, and

(c) stating that unauthorised entry to the site is prohibited. Any such sign is to be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed.

[PCW0255] 36. Please note that while the proposal, subject to the conditions of approval, may comply

with the provisions of the Building Code of Australia for persons with disabilities your attention is drawn to the Disability Discrimination Act which may contain requirements in excess of those under the Building Code of Australia. It is therefore recommended that these provisions be investigated prior to start of works to determine the necessity for them to be incorporated within the design.

[PCW0665]

37. Prior to commencement of work on the site all erosion and sedimentation control

measures are to be installed and operational including the provision of a "shake down" area, where required. These measures are to be in accordance with the approved


erosion and sedimentation control plan and adequately maintained throughout the duration of the development. In addition to these measures the core flute sign provided with the stormwater approval under Section 68 of the Local Government Act is to be clearly displayed on the most prominent position of the sediment fence or erosion control device which promotes awareness of the importance of the erosion and sediment controls provided. This sign is to remain in position for the duration of the project.

[PCW0985]

DURING CONSTRUCTION

38. All proposed works are to be carried out in accordance with the conditions of

development consent, any approved Management Plans, approved Construction Certificate, drawings and specifications.

[DUR0005]

39. Should any Aboriginal object or cultural heritage (including human remains) be

discovered all site works must cease immediately and the Tweed Byron Local Aboriginal Land Council (TBLALC) Aboriginal Sites Officer (on 07 5536 1763) are to be notified. The find is to be reported to the Office of Environment and Heritage. No works or development may be undertaken until the required investigations have been completed and any permits or approvals obtained, where required, in accordance with the National Parks and Wildlife Act, 1974.

[DUR0025]

40. Commencement of work, including the switching on and operation of plant, machinery

and vehicles is limited to the following hours, unless otherwise permitted by Council: Monday to Saturday from 7.00am to 6.00pm No work to be carried out on Sundays or Public Holidays The proponent is responsible to instruct and control subcontractors regarding hours of work.

[DUR0205] 41. All reasonable steps shall be taken to muffle and acoustically baffle all plant and

equipment. In the event of complaints from the neighbours, which Council deem to be reasonable, the noise from the construction site is not to exceed the following:

A. Short Term Period - 4 weeks.

LAeq, 15 min noise level measured over a period of not less than 15 minutes when the construction site is in operation, must not exceed the background level by more than 20dB(A) at the boundary of the nearest likely affected residence.

B. Long term period - the duration.

LAeq, 15 min noise level measured over a period of not less than 15 minutes when the construction site is in operation, must not exceed the background level by more than 15dB(A) at the boundary of the nearest affected residence.

[DUR0215]


42. All building work (other than work relating to the erection of a temporary building) must be carried out in accordance with the requirements of the Building Code of Australia (as in force on the date the application for the relevant construction certificate was made).

[DUR0375]

43. Provision shall be made for the collection of builder's solid waste in accordance with the

following requirements: (a) A temporary builder's waste chute is to be erected to vertically convey builder's

debris to a bulk container. (b) The chute shall be located in a position approved by the Principal Certifying

Authority. (c) A canopy shall be provided to the chute outlet and container to reduce the spillage

of materials and nuisance caused by dust. [DUR0385]

44. Building materials used in the construction of the building are not to be deposited or

stored on Council's footpath or road reserve, unless prior approval is obtained from Council.

[DUR0395]

45. The Principal Certifying Authority is to be given a minimum of 48 hours notice prior to

any critical stage inspection or any other inspection nominated by the Principal Certifying Authority via the notice under Section 6.6 of the Environmental Planning and Assessment Act 1979.

[DUR0405]

46. It is the responsibility of the applicant to restrict public access to the construction works

site, construction works or materials or equipment on the site when construction work is not in progress or the site is otherwise unoccupied in accordance with WorkCover NSW requirements and Work Health and Safety Regulation 2011.

[DUR0415]

47. Excavation

(a) All excavations and backfilling associated with the erection or demolition of a

building must be executed safely and in accordance with WorkCover 2000 Regulations.

(b) All excavations associated with the erection or demolition of a building must be

properly guarded and protected to prevent them from being dangerous to life or property.

[DUR0425]

48. If the work involved in the erection or demolition of a building:

(a) is likely to cause pedestrian or vehicular traffic in a public place to be obstructed or

rendered inconvenient; or (b) building involves the enclosure of a public place, a hoarding or fence must be erected between the work site and the public place in accordance with the WorkCover Authority of NSW Code of Practice and relevant Australian Standards.


Where necessary the provision for lighting in accordance with AS 1158 - Road lighting and provision for vehicular and pedestrian traffic in accordance with AS 1742 shall be provided. Any such hoarding, fence or awning is to be removed prior to the issue of an occupation certificate/subdivision certificate. Application shall be made to Tweed Shire Council including associated fees for approval prior to any structure being erected within Councils road reserve.

[DUR0435]

49. All demolition work is to be carried out in accordance with the provisions of Australian

Standard AS 2601 "The Demolition of Structures" and to the relevant requirements of the WorkCover NSW, Work Health and Safety Regulation 2017. The proponent shall also observe the guidelines set down under the Department of Environment and Climate Change publication, “A Renovators Guide to the Dangers of Lead” and the Workcover Guidelines on working with asbestos.

[DUR0645] 50. Minimum notice of five working days shall be given to Tweed Shire Council for the

permanent removal of any disused sewer junctions. Tweed Shire Council staff shall undertake the works in accordance with the application lodged and upon excavation of the service by the developer.

[DUR0675] 51. The use of vibratory compaction equipment (other than hand held devices) within 100m

of any existing dwelling house, building or structure is strictly prohibited. [DUR0815]

52. The development is to be carried out in accordance with the current BASIX certificate

and schedule of commitments approved in relation to this development consent. [DUR0905]

53. No soil, sand, gravel, clay or other material shall be disposed of off the site without the

prior written approval of Tweed Shire Council's General Manager or his delegate. [DUR0985]

54. The surrounding road carriageways are to be kept clean of any material carried onto the

roadway by construction vehicles. Any work carried out by Council to remove material from the roadway will be at the Developers expense and any such costs are payable prior to the issue of an Occupation Certificate.

[DUR0995]

55. All work associated with this approval is to be carried out so as not to impact on the

neighbourhood, adjacent premises or the environment. All necessary precautions, covering and protection shall be taken to minimise impact from: • Noise, water or air pollution. • Dust during filling operations and also from construction vehicles. • Material removed from the site by wind.

[DUR1005]


56. Access to the building for people with disabilities shall be provided and constructed in accordance with the requirements of Section D of the Building Code of Australia. Particular attention is to be given to the deemed-to-satisfy provisions of Part D-3 and their requirement to comply with AS1428.

[DUR1685]

57. Where the construction work is on or adjacent to public roads, parks or drainage

reserves the development shall provide and maintain all warning signs, lights, barriers and fences in accordance with AS 1742 (Manual of Uniform Traffic Control Devices). The contractor or property owner shall be adequately insured against Public Risk Liability and shall be responsible for any claims arising from these works.

[DUR1795]

58. Any damage caused to public infrastructure (roads, footpaths, water and sewer mains,

power and telephone services etc) during construction of the development shall be repaired in accordance with Councils Development Design and Construction Specifications prior to the issue of a Subdivision Certificate and/or prior to any use or occupation of the buildings.

[DUR1875]

59. Where existing kerb or footpath is to be removed for driveway laybacks, stormwater

connections, kerb ramps or any other reason, the kerb or footpath must be sawcut on each side of the work to enable a neat and tidy joint to be constructed.

[DUR1905]

60. During construction, a “satisfactory inspection report” is required to be issued by Council

for all works required under Section 138 of the Roads Act 1993. The proponent shall liaise with Councils Engineering Division to arrange a suitable inspection.

[DUR1925]

61. The developer/contractor is to maintain a copy of the development consent and

Construction Certificate approval including plans and specifications on the site at all times.

[DUR2015]

62. Swimming Pools (Building)

(a) The swimming pool is to be installed and access thereto restricted in accordance

with Australian Standard AS 1926.1 - 2012 & AS 1926.3 -2010 & AS 1926.2-2007, the Swimming Pool Act 1992 and the Swimming Pool Regulation 2008.

(b) Swimming pools shall have suitable means for the drainage and disposal of

overflow water. (c) The pool pump and filter is to be enclosed and located in a position so as not to

cause a noise nuisance to adjoining properties. (d) Warning notices are to be provided in accordance with Part 3 of the Swimming

Pool Regulations 2008. (e) Once your pool or spa is complete please register it at

www.swimmingpoolregister.nsw.gov.au. [DUR2075]


63. Backwash from the swimming pool is to be connected to the sewer in accordance with Australian Standard AS 3500.2 Section 10.9.

[DUR2085]

64. The builder must provide an adequate trade waste service to ensure that all waste

material is suitably contained and secured within an area on the site, and removed from the site at regular intervals for the period of construction/demolition to ensure no material is capable of being washed or blown from the site.

[DUR2185]

65. The guttering downpiping and roof waste water disposal system is to be installed and

operational before the roofing is installed. [DUR2245]

66. The site shall not be dewatered, unless written approval to carry out dewatering

operations is received from the Tweed Shire Council General Manager or his delegate. [DUR2425]

67. During construction, a “Satisfactory Inspection Report” is required to be issued by

Council for all s68h2 permanent Stormwater Quality Control Devices, prior to backfilling. The proponent shall liaise with Councils Engineering Division to arrange a suitable inspection.

[DUR2445]

68. Council is to be given 24 hours notice for any of the following inspections prior to the

next stage of construction: (a) internal drainage, prior to slab preparation; (b) water plumbing rough in, and/or stackwork prior to the erection of brick work or any

wall sheeting; (c) external drainage prior to backfilling. (d) completion of work and prior to occupation of the building.

[DUR2485]

69. Plumbing

(a) A plumbing permit is to be obtained from Council prior to commencement of any

plumbing and drainage work. (b) The whole of the plumbing and drainage work is to be completed in accordance

with the requirements of the Plumbing Code of Australia and AS/NZS 3500. [DUR2495]

70. An isolation cock is to be provided to the water services for each unit in a readily

accessible and identifiable position. [DUR2505]

71. All water plumbing pipes concealed in concrete or masonry walls shall be fully lagged.

[DUR2525]

72. Back flow prevention devices shall be installed wherever cross connection occurs or is

likely to occur. The type of device shall be determined in accordance with AS 3500.1 and shall be maintained in working order and inspected for operational function at intervals not exceeding 12 months in accordance with Section 4.7.2 of this Standard.

[DUR2535]


73. Overflow relief gully is to be located clear of the building and at a level not less than 150mm below the lowest fixture within the building and 75mm above finished ground level.

[DUR2545] 74. All new hot water installations shall deliver hot water at the outlet of sanitary fixtures

used primarily for personal hygiene purposes at a temperature not exceeding: * 45ºC for childhood centres, primary and secondary schools and nursing homes or

similar facilities for aged, sick or disabled persons; and * 50ºC in all other classes of buildings. A certificate certifying compliance with the above is to be submitted by the licensed plumber on completion of works.

[DUR2555]

75. The Applicant shall submit the appropriate ‘Application for Water Service Connection’ to

Council’s Water Unit to facilitate a bulk property service water connection for Lot 9 Sec 3 DP 758571, from the existing water main in Marine Parade. The connection shall be undertaken by Tweed Shire Council, with all applicable costs and application fees paid by the Applicant.

[DUR2800] 76. Swimming pool pumps, air conditioning units, heat pump water systems and the like

shall be located, installed and operated so as not to be heard in a habitable room of a residence during restricted hours or where it would create offensive noise as defined within the NSW Protection of the Environment Operations (Noise Control) Regulation 2017.

[DUR2835]

PRIOR TO ISSUE OF OCCUPATION CERTIFICATE 77. Prior to issue of an Occupation Certificate, all works/actions/inspections etc required at

that stage by other conditions or any approved Management Plans or the like shall be completed in accordance with those conditions or plans.

[POC0005]

78. A person must not commence occupation or use of the whole or any part of a new

building or structure (within the meaning of Section 6.9 and 6.10 unless an occupation certificate has been issued in relation to the building or part (maximum 25 penalty units).

[POC0205]

79. A final occupation certificate is not to be issued until a fire safety certificate has been

issued for the building to the effect that each required essential fire safety measure has been assessed by a properly qualified person and was found, when it was assessed, to be capable of performing to at least the standard required by the current Fire Safety Schedule for the building.

[POC0225]

80. A final occupation certificate must be applied for and obtained within 6 months of any

Interim Occupation Certificate being issued, and all conditions of this consent must be satisfied at the time of issue of a final occupation certificate (unless otherwise specified herein).

[POC0355]


81. Prior to the issue of an Occupation Certificate, the applicant shall produce a copy of the “Satisfactory Inspection Report” issued by Council for all works required under Section 138 of the Roads Act 1993.

[POC0745]

82. Redundant road pavement, kerb and gutter or foot paving including any existing disused

vehicular laybacks/driveways or other special provisions shall be removed and the area reinstated to match adjoining works in accordance with Councils Development Design and Construction Specifications.

[POC0755] 83. Prior to the issue of an Occupation Certificate, the applicant shall produce a copy of the

“Satisfactory Inspection Report” issued by Council for all s68h2 permanent Stormwater Quality Control Devices.

[POC0985]

84. Prior to the occupation or use of any building and prior to the issue of any occupation

certificate, including an interim occupation certificate a final inspection report is to be obtained from Council in relation to the plumbing and drainage works.

[POC1045]

85. Prior to the issue of a final Occupation Certificate, all conditions of consent are to be

met. [POC1055]

86. Upon the issue of an occupation certificate in respect of the swimming pool Tweed Shire

Councils Compliance Officer - Swimming Pools is to be notified to enable the swimming pool to be entered on Councils Register of Swimming Pool/s on premises on which there is more than 2 dwellings. This requirement is pursuant to the Swimming Pool Act 1992 which requires an inspection every three years of the swimming pool.

[POCNS01]

USE 87. The use to be conducted so as not to cause disruption to the amenity of the locality,

particularly by way of the emission of noise, dust and odours or the like. [USE0125]

88. All externally mounted air conditioning units and other mechanical plant or equipment

are to be located so that any noise impact due to their operation which may be or is likely to be experienced by any neighbouring premises is minimised. Notwithstanding this requirement all air conditioning units and other mechanical plant and or equipment is to be acoustically treated or shielded where considered necessary to the satisfaction of the General Manager or his delegate such that the operation of any air conditioning unit, mechanical plant and or equipment does not result in the emission of offensive or intrusive noise.

[USE0175]

89. All externally mounted artificial lighting, including security lighting, is to be shielded to

the satisfaction of the General Manager or his delegate where necessary or required so as to prevent the spill of light or glare creating a nuisance to neighbouring or adjacent premises.

[USE0225]


90. All wastes shall be collected, stored and disposed of to the satisfaction of the General Manager or his delegate.

[USE0875] 91. Swimming pool pumps, air conditioning units, heat pump water systems and the like

shall not be operated if it can be heard in a habitable room of a residence during restricted hours or at other times should the noise from the article be deemed to be offensive as defined within the NSW Protection of the Environment Operations (Noise Control) Regulation 2008.

[USE1510]


17 [PR-CM] Development Application DA17/0240.02 for an Amendment to Development Consent DA17/0240 for a Residential Flat Building (6 Units), Pool and Demolition of Existing Structures at Lot 9 Section 3 DP 758571 No. 176 Marine Parade, Kingscliff

318

Cr W Polglase Cr J Owen RESOLVED that Development Application DA17/0240.02 for an amendment to Development Consent DA17/0240 for a residential flat building (6 units), pool and demolition of existing structures at Lot 9 Section 3 DP 758571 No. 176 Marine Parade, Kingscliff be approved subject to the following amended conditions and new additional conditions: 1. Delete Condition No. 1 and replace with new Condition No. 1A which reads as follows:

1A. The development shall be completed in accordance with the following plans and

Modification Report dated November 2018 prepared by Planit Consulting, except where varied by the conditions of this consent and/or amended by Council on the stamped approved plans under this consent number.

Plan/Document Title Plan Reference Prepared By Dated Street View DWG No. DA01 (Issue B) Lea Design Studio 25 May 2019 Site Plan DWG No. DA02 (Issue B) Lea Design Studio 25 May 2019 Basement Plan DWG No. DA04 (Issue B) Lea Design Studio 25 May 2019 Level 1 Plan DWG No. DA05 (Issue B) Lea Design Studio 25 May 2019 Level 2 Plan DWG No. DA06 (Issue B) Lea Design Studio 25 May 2019 Level 3 Plan DWG No. DA07 (Issue B) Lea Design Studio 25 May 2019 Roof Plan DWG No. DA08 (Issue B) Lea Design Studio 25 May 2019 East Elevation DWG No. DA09 (Issue B) Lea Design Studio 25 May 2019 North Elevation DWG No. DA010 (Issue B) Lea Design Studio 25 May 2019 West Elevation DWG No. DA011 (Issue B) Lea Design Studio 25 May 2019 South Elevation DWG No. DA012 (Issue B) Lea Design Studio 25 May 2019


Plan/Document Title Plan Reference Prepared By Dated Transverse Section DWG No. DA013 (Issue B) Lea Design Studio 25 May 2019 Longitudinal Section DWG No. DA014 (Issue B) Lea Design Studio 25 May 2019 Garage Access DWG No. DA020 (Issue B) Lea Design Studio 25 May 2019 Landscape Intent Issue B Planit Consulting November

2018 2. Condition No. 14 is to be deleted. 3. Insert new Condition No. 17.1 which reads as follows:

17.1 Pursuant to Section 4.17 of the Environmental Planning and Assessment Act, 1979 (as amended) and Clause 97 of the Environmental Planning and Assessment Regulations 2000, Development Consent DA19/0199 dated 15 August 2019 shall be surrendered by lodgement of the prescribed information suitably executed, PRIOR to the issue of a Construction Certificate.

4. Delete Condition No. 18A and replace with new Condition No. 18B which reads as

follows: 18B. Section 7.11 Contributions

Payment of the following contributions pursuant to Section 7.11 of the Act and the relevant Contribution Plan. Pursuant to Clause 146 of the Environmental Planning and Assessment Regulations, 2000, a Construction Certificate shall NOT be issued by a Certifying Authority unless all Section 7.11 Contributions have been paid and the Certifying Authority has sighted Council's "Contribution Sheet" signed by an authorised officer of Council. A CURRENT COPY OF THE CONTRIBUTION FEE SHEET ATTACHED TO THIS CONSENT MUST BE PROVIDED AT THE TIME OF PAYMENT. These charges include indexation provided for in the Section 7.11 Contribution Plan and will remain fixed for a period of 12 months from the date of this consent and thereafter in accordance with the rates applicable in the current version/edition of the relevant Section 7.11 Contribution Plan current at the time of the payment. A copy of the Section 7.11 contribution plans may be inspected at the Civic and Cultural Centres, Tumbulgum Road, Murwillumbah and Brett Street, Tweed Heads. (a) Tweed Road Contribution Plan:

15.6 Trips @ $1354 per Trips $21,122 ($1,137 base rate + $217 indexation) CP Plan No. 4 Sector6_4


(b) West Kingscliff - Drainage: 0.01467 HA @ $81789 per HA $1,202.30 ($5,664.10 base rate + $76,124.90 indexation) DCP Section B4 CP Plan No. 7

(c) West Kingscliff – Open Space:

3.8334 ET @ $3974 per ET $15,234 ($1,849 base rate + $2,125 indexation) DCP Section B4 CP Plan No. 7

(d) Shirewide Library Facilities:


(e) Bus Shelters:


(f) Eviron Cemetery:


(g) Community Facilities (Tweed Coast - North)

3.8334 ET @ $1624 per ET $6,225 ($1,305.60 base rate + $318.40 indexation) CP Plan No. 15

(h) Extensions to Council Administration Offices

& Technical Support Facilities 3.8334 ET @ $2195.88 per ET $8,417.69 ($1,759.90 base rate + $435.98 indexation) CP Plan No. 18

(i) Cycleways:


(j) Regional Open Space (Casual)


(k) Regional Open Space (Structured):



5. Condition No. 108 is to be deleted. The Motion was Carried FOR VOTE - Unanimous ABSENT. DID NOT VOTE - Cr R Cooper

27 [SCE-CM] Evaluation of Tweed Shire Access and Inclusion Awards ALTERNATE MOTION

319

Cr P Allsop Cr J Owen RESOLVED that Council approves the recommendations of the evaluation report, being: 1. Incorporate the Tweed Shire Access and Inclusion Awards into an ongoing

communications strategy that promotes the awards through the nominations and nominees and the broader message about access and inclusion.

2. Run the awards in alternate years (from 2020) to enable incorporation into and

development of 1 above. The Motion was Carried FOR VOTE - Unanimous ABSENT. DID NOT VOTE - Cr R Cooper

29 [SCE-CM] Koala Beach Wildlife and Habitat Management Committee ALTERNATE MOTION

320

Cr C Cherry Cr K Milne RESOLVED that:


1. This report be deferred until a further in depth engagement with the community is undertaken;

2. A community engagement officer is allocated the role of managing the process. The Motion was Carried FOR VOTE - Unanimous ABSENT. DID NOT VOTE - Cr R Cooper

52 LATE [PR-CM] Development Application DA18/0478 for the Demolition of Existing Structures, Tree Removal, Earthworks, Construction of Dwelling and Two Swimming Pools at Lots 1 and 2 SP 17328 Nos. 1 and 2/20 Lagoon Road, Fingal Head; Lot 256 DP 755740 No. 22

LATE ITEM

321

Cr J Owen Cr C Cherry RESOLVED that Late Item 52 being an Addendum item be dealt with and it be ruled by the Chairman to be of great urgency. The Motion was Carried FOR VOTE - Unanimous ABSENT. DID NOT VOTE - Cr R Cooper

322

Cr J Owen Cr R Byrnes RESOLVED: A. That the requested Clause 4.6 variation to Clause 4.3 of the Tweed Local Environmental

Plan 2014 regarding the maximum height of building be supported where the development seeks a 12.22% variation to the 9m height standard and the concurrence of the Director-General of the Department of Planning be assumed; and

B. That Development Application DA18/0478 for the demolition of existing structures, tree removal, earthworks, construction of dwelling and two swimming pools at Lots 1 and 2 SP 17328 Nos. 1 and 2/20 Lagoon Road, Fingal Head; Lot 256 DP 755740 No. 22 Lagoon Road, Fingal Head be approved subject to the conditions submitted to Council on 20 June 2019 referenced below with the exception of the following modified conditions (which have been annotated in red):


• Modify Condition No. 1 of the Draft Conditions in the report of 20 June 2019 to reflect the updated architectural plans and to incorporate the updated Statement of Landscape Intent (as annotated to remove the provision of traffic bollards on the Dune Street/Lagoon Road junction);

• Modify Condition Nos. 17, 18, 28, 29, 31 and 90 of the Draft Conditions in the report of 20 June 2019 to reflect the updated plans referred to above and the updated ecological assessment report;

• Modify Condition 20 to reflect the concerns raised by the Community in relation to the timing for the proposed restrictive covenant on the title as it relates to the conservation area;

• Add Condition 18.1 and 20.1 to reflect the comments from NSW Biodiversity and Conservation Directorate;

• Modify Condition 21 to add further clarity to the intent of the condition; and • Modify Condition 30 to ensure that the location and height of the fencing is in

accordance with the Statement of Landscape Intent referred to in Condition 1. GENERAL 1. The development shall be completed in accordance with the Statement of

Environmental Effects prepared by Zone planning Group and dated May 2018, BASIX Certificate 929963M_02 and the following plans prepared by Jared Poole Design, except where varied by the conditions of this consent: Plan Reference Date Site Plan - Proposed BP827/DA1.03 - Issue O 31 July 2019 Site Plan - Development BP827/DA1.04 - Issue N 31 July 2019 Basement Floor Plan BP827/DA2.01 - Issue L 17 July 2019 Basement Floor Dimension Plan BP827/DA2.02 – Issue L 17 July 2019 Ground Floor Plan BP827/DA2.03 - Issue M 17 July 2019 Ground Floor Dimension Plan BP827/DA2.04 - Issue L 17 July 2019 First Floor Plan BP827/DA2.05 - Issue L 17 July 2019 First Floor Dimension Plan BP827/DA2.06 - Issue L 17 July 2019 Roof Plan BP827/DA2.07 - Issue L 17 July 2019 Roof Dimension Plan BP827/DA2.08 - Issue L 17 July 2019 Elevations BP827/DA3.01 - Issue L 17 July 2019 Elevations BP827/DA3.02 - Issue L 17 July 2019 Sections BP827/DA4.01 - Issue K 10 July 2019 Sections BP827/DA4.02 - Issue K 10 July 2019 Sections BP827/DA4.03 - Issue D 17 July 2019 Flood Gate Details BP827/DA5.01 - Issue K 10 July 2019 Exterior Selections Schedule - Front

BP827/DA6.01 - Issue A 27 July 2019

Landscape Concept Plan prepared by Donald Irving Landscape Architecture

SK-2, Version 3 – Plan (as annotated by Council)

November 2017

Landscape Elements schedule prepared by Donald Irving Landscape Architecture

SK-3, Version 3 – Example Palettes

April 2018

[GEN0005]


2. The issue of this Development Consent does not certify compliance with the relevant provisions of the Building Code of Australia.

[GEN0115]

3. Approval is given subject to the location of, protection of, and/or any necessary

approved modifications to any existing public utilities situated within or adjacent to the subject property. Any necessary adjustment or modification of existing services is to be undertaken in accordance with the requirements of the relevant authority, at the Developer's expense.

[GEN0135]

4. The owner is to ensure that the proposed building is constructed in the position and

at the levels as nominated on the approved plans or as stipulated by a condition of this consent, noting that all boundary setback measurements are taken from the real property boundary and not from such things as road bitumen or fence lines.

[GEN0300]

5. Bushfire Asset Protection Zones

The intent of measures is to provide sufficient space and maintain reduced fuel loads so as to ensure radiant heat levels of buildings are below critical limits and to prevent direct flame contact with a building. To achieve this, the following conditions shall apply: (a) At the commencement of building works and in perpetuity the property around

the dwellings as indicated below, shall be maintained as an inner protection area (IPA) as outlined within section 4.1.3 and Appendix 5 of 'Planning for Bush Fire Protection 2006' and the NSW Rural Fire Service's document 'Standards for asset protection zones': (i) North, south and west to the property boundary; and (ii) East for a minimum distance of 4.9 metres.

[GEN0320]

6. Bushfire Water and Utilities

The intent of measures is to provide adequate services of water for the protection of buildings during and after the passage of a bush fire, and to locate gas and electricity so as not to contribute to the risk of fire to a building. To achieve this, the following conditions shall apply: (a) Electricity and/or gas services are to comply with section 4.1.3 of 'Planning

for Bush Fire Protection 2006'. [GEN0325]

7. Bushfire Landscaping

(a) Landscaping to the site is to comply with the principles of Appendix 5 of

'Planning for Bush Fire Protection 2006'. [GEN0340]

8. Prior to the commencement of construction of the new structure or use of the site

a ‘clearance inspection’ shall be conducted for the site and a ‘clearance certificate’ issued by a licensed asbestos assessor or competent person which states that the


site ‘does not pose a risk to health and safety from exposure to asbestos’ in accordance with Clause 474 of the Work Health and Safety Regulation 2017. A copy of this certificate shall be forwarded to the Principal Certifying Authority and Council within 7 days of completion of the 'clearance inspection'.

[GEN0350]

9. All works shall comply with AS2601-2001 Demolition of Structures and the Work

Health and Safety Regulation 2017. [GEN0360]

10. Prior to demolition of the structure is commenced all asbestos material shall be

identified and removed from the site by an asbestos removalist who is licensed to carry out the work by WorkCover NSW. All asbestos waste shall be disposed at a facility that is licensed to receive asbestos waste (all receipts related to disposal must be kept on site and provided to a Council Authorised Officer upon request).

[GEN0365]

11. The development shall be undertaken in the following stages (unless agreed

otherwise by Council). Stage 1: • Demolition of the existing dual occupancy and associated ancillary structures

at 20 Lagoon Road; • Demolition of the existing dwelling house and associated ancillary structures

at 22 Lagoon Road; and • Tree removal. Stage 2: • Construction of proposed dwelling house; • Construction of two swimming pools; • Construction/installation of ancillary structures; • Provision of site landscaping and undertaking rehabilitation works; and • Establishment of an Asset Protection Zone (APZ).

12. After lot consolidation, the lot is to only have one water and sewerage reticulation connection to Council’s public water and sewer infrastructure.

13. The Applicant shall submit an ‘Application for Sewer Junction

Installation/Alteration’ form to Council’s Water Unit to facilitate the removal of one sewer junction that currently services Lot 256 DP 755740 and SP 17328. The sewer junction works shall be completed by Council’s Water & Wastewater Unit before a S68 approval to Connect to Sewer (SEW) can be issued by Council’s Building and Environmental Health Unit.

14. Should the driveway be located over the sewer inspection opening of the

consolidated lot, the inspection opening shall be replaced with a trafficable lid to be constructed flush with the proposed driveway surface.

[GENNS01]

15. The importation of waste (including fill or soil) to the site must be in accordance

with the provisions of the Protection of the Environment Operations Act 1997 and


the Office of Environment and Heritage “Waste Classification Guidelines”. The only fill material that may be received at the development is virgin excavated natural material or waste-derived fill material the subject of a resource recovery exemption. Any virgin excavated natural material or waste-derived fill material the subject of a resource recovery exemption must be accompanied by documentation as to the material’s compliance and must be provided to the Principal Certifying Authority or Council on request.

[GENNS02]

16. Vegetation removal shall be limited to non-local native species and/or vegetation

identified to be removed in an approved Arboricultural Impact Assessment Report prepared for each stage of the development unless otherwise approved by Council’s General Manager or delegate.

17. The following features shall be retained and afforded protection during all

construction stages and for the life of the development (the latter term is applicable to all referenced trees occurring on the subject site): (a) All trees shown as ‘Trees to Remain’ on Dwg. No. BP827/DA1.06 Issue N

Site Plan - Existing Tree Impact dated 29 July 2019 prepared by Jared Poole Design. Note: Reference to Dwg BP827/DA1.06 Issue N does not assume approval of the plan with respect to tree works; and

(b) All trees identified to be retained in the approved Arboricultural Impact

Assessment Report for each respective stage of the development. 18. The entire area onsite to the east of the 4.9m asset protection zone as depicted on

Dwg. No. BP827/DA1.03 Issue O Site Plan - Proposed dated 31 July 2019 prepared by Jared Poole Design to include ‘Tall closed Littoral rainforest (Cryptocarya triplinervis var. triplinervis +/- Cupaniopsis anacardioides, Banksia integrifolia and Lophostemon confertus) littoral rainforest community’ as depicted on Figure 8 Vegetation Communities in Ecological Assessment 20-22 Lagoon Road, Fingal Head dated August 2019 (Issue 8) prepared by JWA Ecological Consultants shall be retained, afforded adequate protection and managed for conservation purposes in perpetuity under a statutory protection instrument. The area aforementioned is estimated at a 505sqm and shall be described as the ‘Conservation Area’ for the purposes of this consent.

18.1 An onsite translocation plan for Cryptocarya foetida (Tree No. 102) as shown on

Dwg. No. BP827/DA1.06 Issue N Site Plan - Existing Tree Impact dated 29 July 2019 prepared by Jared Poole Design shall be prepared by a suitably qualified Arborist with a minimum Australian Qualification Framework (AQF) Level 5 in Arboriculture. The plan shall: a. Determine if translocation is feasible for Tree 102 based on proven

arboricultural/horticultural knowledge and experience in translocation. b. Prescribe best practice translocation methods consistent with Guidelines for

the Translocation of Threatened Plants in Australia Second Edition Florabank Guidelines and Code of Practice 2000.


c. Include as a contingency (where translocation is not considered feasible) the

propagation of Cryptocarya foetida (propagated from local provenance) – a minimum of 10 individuals to be germinated and on-grown. Where translocation is not considered feasible or unsuccessful propagated individual C. foetida shall be planted within the approved conservation area at a ratio of 4:1 (i.e. 4 plants for every 1 directly impacted).

d. Include maintenance and monitoring protocol for the translocated C. foetida

individual and/or plantings for a minimum period of five years. The plan shall be approved by Council’s General Manager or delegate prior to the demolition of any structures or the commencement of any works on site.

19. All existing built form (i.e. timber boardwalk and platforms, yet excluding boundary fences) occurring within the Conservation Area shall be removed and the area revegetated in accordance with an approved Habitat Restoration Plan as part of Stage 1 works.

20. A positive covenant and restrictions as to user applicable under Section 88B of the

Conveyancing Act 1919 shall be registered for the benefit of the Tweed Shire Council prior to the demolition of any structures or the commencement of any works on the site on the terms specified below: (a) A Positive Covenant shall be registered over the area described as

‘Conservation Area’ in this consent. The area the subject of the positive covenant must be subject to a habitat restoration program undertaken in accordance with an approved Habitat Restoration Plan and managed as a natural area for conservation purposes in perpetuity. Burden: Part Lot 255 DP 755740 (SP 17328) and Part Lot 256 DP 755740. Benefit: Tweed Shire Council.

(b) Restriction as to User restricting the following activities within the Conservation Area referred to in this consent: i. Clearing, lopping or removal of any native plants, whether existing at the

date of this approval or planted pursuant to conditions of this consent; ii. Erection of any fixtures or improvements, including buildings or

structures; iii. Construction of any trails or paths unless otherwise approved by

Council; iv. Depositing of any fill, soil, rock, rubbish, ashes, garbage, waste or other

material foreign to the Conservation Area; v. Keeping or permitting the entry of domestic animals or any other animals

that are not indigenous to the Conservation Area; and vi. Performance of any other acts which may have detrimental impact on

the values of the Conservation Area. Burden: Part Lot 255 DP 755740 (SP 17328) and Part Lot 256 DP 755740. Benefit: Tweed Shire Council.


20.1 A positive covenant and restrictions as to user applicable under Section 88B

of the Conveyancing Act 1919 shall be registered for the benefit of the Tweed Shire Council prior to the demolition of any structures or the commencement of any works on the site on the terms specified below: (a) A Positive Covenant shall be registered over the site that all existing

Cryptocarya foetida (with the exception of Tree 102 which is identified for translocation on Dwg. No. BP827/DA1.06 Issue N Site Plan - Existing Tree Impact dated 29 July 2019) must be afforded protection and managed in perpetuity. The structural root zone as calculated in accordance with Australian Standard AS4970:2009 Protection of trees on development sites of each individual C. foetida shall be shown on the registered linen plan. Burden: Part Lot 255 DP 755740 (SP 17328) and Part Lot 256 DP 755740. Benefit: Tweed Shire Council.

(b) Restriction as to User restricting the following activities on the

Cryptocarya foetida referred to in subsection (a) above: i. Clearing of any stems existing at the date of this approval or

planted pursuant to conditions of this consent; ii. Erection of any fixtures or improvements, including buildings or

structures within the structural root zone of individual stems; iii. Construction of any paths over the structural root zone of

individual stems unless otherwise approved by Council; iv. Performance of any other acts which may have detrimental

impact on the long-term protection and management of Cryptocarya foetida individuals on the site.

Burden: Part Lot 255 DP 755740 (SP 17328) and Part Lot 256 DP 755740. Benefit: Tweed Shire Council.

21. Primary habitat restoration works (in accordance with an approved Habitat

Restoration Plan) within the Conservation Area and the entire ‘Clump 2’ as shown on Figure 9 Tree Survey in Ecological Assessment 20-22 Lagoon Road Fingal Head dated May 2018 prepared by JWA Ecological Consultants shall commence immediately upon practical completion of Stage 1 works or within 3 months of commencement of such works whichever occurs first.

[GENNS03]

22. The development shall comply with the following:

(a) In the event that the proposed development changes, there may be potential

safety risks and Essential Energy are to be consulted. (b) Any existing encumbrances in favour of Essential Energy (or its

predecessors) noted on the title of the above property should be complied with.

(c) Essential Energy’s records indicate there is electricity infrastructure located


within the property. Any activities within this location must be undertaken in accordance with the latest industry guideline currently known as ISSC 20 Guideline for the Management of Activities within Electricity Easements and Close to Infrastructure. Approval may be required from Essential Energy should activities within the property encroach on the electricity infrastructure. https://energy.nsw.gov.au/sites/default/files/2018-09/ISSC-20-Electricity-Easements.pdf.

(d) Prior to carrying out any works, a “Dial Before You Dig” enquiry should be

undertaken in accordance with the requirements of Part 5E (Protection of Underground Electricity Power Lines) of the Electricity Supply Act 1995 (NSW).

(e) Given there is electricity infrastructure in the area, it is the responsibility of the

person/s completing any works around powerlines to understand their safety responsibilities. SafeWork NSW (www.safework.nsw.gov.au) has publications that provide guidance when working close to electricity infrastructure. These include the Code of Practice – Work near Overhead Power Lines and Code of Practice – Work near Underground Assets.

[GENNS04]

PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE 23. The footings and floor slab are to be designed by a practising Structural Engineer

after consideration of a soil report from a NATA accredited soil testing laboratory and shall be submitted to and approved by the Principal Certifying Authority prior to the issue of a construction certificate.

[PCC0945]

24. For developments containing less than four attached or detached strata dwellings

having a Building Code classification of 1a, each premises must be connected by means of a separate water service pipe, each of which is connected to an individual Council water meter to allow individual metering. Application for the meters shall be made to the supply authority detailing the size in accordance with NSW Code of Practice - Plumbing and Drainage and BCA requirements.

[PCC1175]

25. An application shall be lodged together with any prescribed fees including

inspection fees and approved by Tweed Shire Council under Section 68 of the Local Government Act for any water, sewerage, on site sewerage management system or drainage works including connection of a private stormwater drain to a public stormwater drain, installation of stormwater quality control devices or erosion and sediment control works, prior to the issue of a Construction Certificate.

[PCC1195]

26. Where any existing sewer junctions are to be disused on the site, the connection

point shall be permanently removed by Council staff. Applications shall be made to Tweed Shire Council and include the payment of fees in accordance with Councils adopted fees and charges.

[PCC1235]

27. If the development is likely to disturb or impact upon water or sewer infrastructure

(eg: extending, relocating or lowering of pipeline), written confirmation from the service provider that they have agreed to the proposed works must be submitted


to the Principal Certifying Authority prior to the issue of a Construction Certificate or any works commencing, whichever occurs first. Applications for these works must be submitted on Council's standard Section 68 Application form accompanied by the required attachments and the prescribed fee. The arrangements and costs associated with any adjustment to water and wastewater infrastructure shall be borne in full by the applicant/developer. The Section 68 Application must be approved by Council prior to the associated Construction Certificate being issued.

[PCC1310]

28. Prior to issue of a Construction Certificate or prior to commencement of any works

onsite (whichever occurs first) a Stage 1 Arboricultural Impact Assessment Report (AIAR) prepared by a suitably qualified Arborist with a minimum Australian Qualification Framework (AQF) Level 5 in Arboriculture and in accordance with Australian Standard AS4970-2009 Protection of trees on development sites shall be submitted to Council. The AIAR shall include the following: (a) Retention and protection of the following trees and vegetation onsite and

within the public road reserve during demolition works (unless otherwise accepted by Council based on sound, best practice arboricultural grounds): i. All trees identified as ‘Trees to Remain’ on Dwg. No. BP827/DA1.06

Issue N Site Plan - Existing Tree Impact dated 29 July 2019 prepared by Jared Poole Design and including those trees specified in the table below:

Tree Number Botanical Name Common Name 71 Cryptocarya triplinervis var.

triplinervis Three-veined Laurel

66 Cupaniopsis anacardioides Tuckeroo 65 Acmena hemilampra Broad-leaved Lilly

Pilly 90 Planchonella chartacea Thin-leaved

Coondoo 102 Cryptocarya foetida Stinking

Cryptocarya ii. All native vegetation not identified on Dwg. No. BP827/DA1.06 Issue N

Site Plan - Existing Tree Plan dated 29 July 2019 prepared by Jared Poole Design associated with ‘Tall closed Littoral rainforest (Cryptocarya triplinervis var. triplinervis +/- Cupaniopsis anacardioides, Banksia integrifolia and Lophostemon confertus) littoral rainforest community as depicted on Figure 8 Vegetation Communities in Ecological Assessment 20-22 Lagoon Road Fingal Head dated August 2019 (Issue 8) prepared by JWA Ecological Consultants occurring to the east of the 4.9m asset protection zone as identified on Dwg. No. BP827/DA1.06 Issue N, and

iii. The entire ‘Clump 2’ as shown on Figure 9 Tree Survey in Ecological

Assessment 20-22 Lagoon Road Fingal Head dated May 2018 prepared


by JWA Ecological Consultants. (b) Tree removal method statement/s and management measures to ensure

those trees to be retained are afforded adequate protection during Stage 1 demolition works.

(c) Calculations of Tree Protection Zones and Structural Roots Zones (in

accordance with AS4970:2009) and extent of any acceptable encroachments as a proportion of protection zones where applicable.

(d) Details of all protective devices (protective fences, root curtains/barriers,

pervious treatments) and any other arboricultural management measures to minimise construction impacts.

The Stage 1 AIAR shall be approved by Council’s General Manager or delegate prior to issue of a Construction Certificate or commencement of any works onsite whichever occurs first.

29. Prior to issue of a Construction Certificate, a Stage 2 Arboricultural Impact Assessment Report (AIAR) prepared by a suitably qualified Arborist with a minimum Australian Qualification Framework (AQF) Level 5 in Arboriculture, in liaison with a Bushfire Planning & Design accredited professional and in accordance with Australian Standard AS4970-2009 Protection of trees on development sites shall be submitted to Council. The AIAR shall address management and protection of all trees and vegetation detailed in the approved Stage 1 AIAR with the exception of those trees shown as ‘Tree to be removed’ on Dwg No BP827/DA1.06 Issue N Site Plan – Existing Tree impact dated 29 July 2019 prepared by Jared Poole to facilitate Stage 2 development (unless otherwise accepted by Council based on sound, best practice arboricultural grounds) and include information detailed below:

(a) Tree removal method statement/s and management measures to ensure

those trees to be retained are afforded adequate protection during Stage 2 construction works.

(b) Calculations of Tree Protection Zones and Structural Roots Zones (in accordance with AS4970:2009) and extent of any acceptable encroachments as a proportion of protection zones where applicable.

(c) Details of all protective devices (protective fences, root curtains/barriers, pervious treatments) and any other arboricultural management measures to minimise construction impacts and ensure retention of those trees specified in this consent.

(d) Tree 102 Cryptocarya foetida translocation details in accordance with the approved on-site translocation plan

The Stage 2 AIAR shall be approved by Council’s General Manager or delegate prior to issue of the Construction Certificate for Stage 2.

30. A detailed plan of landscaping is to be submitted and approved by Council's General Manager or delegate prior to the issue of the Construction Certificate for Stage 2. The detailed plan of landscaping shall reflect the following:


(a) A minimum of 80% locally occurring Australian native species and maximum of 20% non-locally occurring Australian native species to apply to all trees.

(b) A minimum of 80% locally occurring Australian native species and maximum

of 20% Australian native or exotic species to apply to other plants (shrubs, ground cover and similar).

(c) No environmental weed species. (d) Fencing shall be in general accordance with the details shown on the

Statement of Landscape Intent in terms of location, height and materials. 31. A Habitat Restoration Plan (HRP) shall be submitted and approved by Council's

General Manager or delegate prior to issue of any Construction Certificate associated with the development or prior to commencement of any works whichever occurs first. The HRP shall be developed for the following areas: (a) The entire area onsite to the east of the 4.9m asset protection zone as

depicted on Dwg. No. BP827/DA1.03 Issue O Site Plan - Proposed dated 31 July 2019 prepared by Jared Poole Design to include ‘Tall closed Littoral rainforest (Cryptocarya triplinervis var. triplinervis +/- Cupaniopsis anacardioides, Banksia integrifolia and Lophostemon confertus) littoral rainforest community’ as depicted on Figure 8 Vegetation Communities in Ecological Assessment 20-22 Lagoon Road, Fingal Head dated August 2019 (Issue 8) prepared by JWA Ecological Consultants.

(b) The entire ‘Clump 2’ as shown on Figure 9 Tree Survey in Ecological

Assessment 20-22 lagoon Road Fingal Head dated May 2018 prepared by JWA Ecological Consultants.

The HRP shall be prepared generally in accordance with TSC Draft Habitat Restoration Plan Preparation Guideline - Site specific guidelines for the ecological restoration dated February 2012 by a person suitably qualified in Bushland Regeneration or Ecological Restoration and with knowledge and experience in local littoral rainforest vegetation communities to include the following: i. A description of those areas the subject of the HRP including area estimates

and an appraisal of the present condition of remnant vegetation, ii. Plan overlaying an aerial photograph of the site which divides the area into

zones for regeneration and zones for planting, including those areas to be revegetated following removal of existing built form within the Conservation Area (i.e. timber boardwalk and platforms),

iii. The restoration approach, methods and techniques to be implemented i.e.

assisted natural regeneration, reconstruction and/or a combination within each zone,

iv. Schedule of local native plant species and densities to be used for planting

(where required),


v. Program of works to be undertaken to control environmental weed species, vi. Schedule of timing of proposed works, vii. Details of primary establishment phase works and maintenance phase works

as follows (which may not be strictly limited to): A. Primary Works - All planting, treatment of all environmental weeds,

baseline monitoring and reporting, B. Maintenance works - Supplementary planting (where required),

continued treatment and control of environmental weeds, monitoring and reporting.

viii. Set of performance criteria to achieve the specified restoration outcomes over

a five (5) year management period, ix. Maintenance, monitoring and reporting schedule with developer commitment

for a period of not less than five (5) years. The number of treatment rotations shall be adequate to successfully achieve site capture by completion of the five (5) year maintenance period,

x. An adaptive management statement detailing how potential problems arising

may be overcome and requiring approval of Council’s General Manager or delegate for such changes,

xi. A long-term management component to include:

A. A schedule of activities not permitted within the Conservation Area to be

registered on title under an 88B Restriction as to User referred to in this consent,

B. Set of performance criteria to be achieved annually post the five (5) year maintenance period,

C. A schedule of annual works to achieve post five (5) year maintenance period performance criteria.

[PCCNS01]

PRIOR TO COMMENCEMENT OF WORK 32. The proponent shall accurately locate and identify any existing sewer main,

stormwater line or other underground infrastructure within or adjacent to the site and the Principal Certifying Authority advised of its location and depth prior to commencing works and ensure there shall be no conflict between the proposed development and existing infrastructure prior to start of any works.

[PCW0005]

33. An application is to be made to Council to temporarily “cap off” the existing building

sewerage house drainage from Council's sewerage system, prior to any demolition work commencing. A Plumbing and Drainage Works on Private Land <http://www.tweed.nsw.gov.au/Controls/Forms/Documents/SewerSepticForm.pdf> application form shall be submitted to Tweed Shire Council and payment of fees in accordance with Councils adopted fees and charges.

[PCW0045]


34. The erection of a building in accordance with a development consent must not be

commenced until: (a) a construction certificate for the building work has been issued by the consent

authority, the council (if the council is not the consent authority) or an accredited certifier, and

(b) the person having the benefit of the development consent has:

i. appointed a principal certifying authority for the building work, and ii. notified the principal certifying authority that the person will carry out the

building work as an owner-builder, if that is the case, and (c) the principal certifying authority has, no later than 2 days before the building

work commences: i. notified the consent authority and the council (if the council is not the

consent authority) of his or her appointment, and ii. notified the person having the benefit of the development consent of any

critical stage inspections and other inspections that are to be carried out in respect of the building work, and

(d) the person having the benefit of the development consent, if not carrying out

the work as an owner-builder, has: i. appointed a principal contractor for the building work who must be the

holder of a contractor licence if any residential work is involved, and ii. notified the principal certifying authority of any such appointment, and iii. unless that person is the principal contractor, notified the principal

contractor of any critical stage inspection and other inspections that are to be carried out in respect of the building work.

[PCW0215]

35. Prior to work commencing, a "Notice of Commencement of Building or Subdivision

Work and Appointment of Principal Certifying Authority" shall be submitted to Council at least 2 days prior to work commencing.

[PCW0225]

36. Residential building work:

(a) Residential building work within the meaning of the Home Building Act 1989

must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the following information: (i) in the case of work for which a principal contractor is required to be

appointed: * in the name and licence number of the principal contractor, and * the name of the insurer by which the work is insured under Part 6

of that Act,


(ii) in the case of work to be done by an owner-builder:

* the name of the owner-builder, and * if the owner-builder is required to hold an owner builder permit

under that Act, the number of the owner-builder permit. (b) If arrangements for doing the residential building work are changed while the

work is in progress so that the information notified under subclause (1) becomes out of date, further work must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the updated information.

[PCW0235]

37. A temporary builder's toilet is to be provided prior to commencement of work at the

rate of one closet for every 15 persons or part of 15 persons employed at the site. Each toilet provided must be: (a) a standard flushing toilet connected to a public sewer, or (b) if that is not practicable, an accredited sewage management facility approved

by the council [PCW0245]

38. Where prescribed by the provisions of the Environmental Planning and

Assessment Regulation 2000, a sign must be erected in a prominent position on any site on which building work, subdivision work or demolition work is being carried out: (a) showing the name, address and telephone number of the principal certifying

authority for the work, and (b) showing the name of the principal contractor (if any) for any building work and

a telephone number on which that person may be contacted outside working hours, and

(c) stating that unauthorised entry to the site is prohibited. Any such sign is to be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed.

[PCW0255]

39. Prior to commencement of work on the site all erosion and sedimentation control

measures are to be installed and operational including the provision of a "shake down" area, where required. These measures are to be in accordance with the approved erosion and sedimentation control plan and adequately maintained throughout the duration of the development. In addition to these measures the core flute sign provided with the stormwater approval under Section 68 of the Local Government Act is to be clearly displayed on the most prominent position of the sediment fence or erosion control device which promotes awareness of the importance of the erosion and sediment controls provided.


This sign is to remain in position for the duration of the project. [PCW0985]

40. Where any existing sewer junctions are to be disused on the site, the connection

point shall be permanently removed by Council staff. Applications shall be made to Tweed Shire Council and include the payment of fees in accordance with Councils adopted fees and charges prior to commencing any building works.

[PCW1135]

DURING DEMOLITION/CONSTRUCTION 41. All proposed works are to be carried out in accordance with the conditions of

development consent, any approved Management Plans, approved Construction Certificate, drawings and specifications.

[DUR0005]

42. During demolition/construction, all works required by other conditions or approved

management plans or the like shall be installed and operated in accordance with those conditions or plans.

[DUR0015]

43. Commencement of work, including the switching on and operation of plant,

machinery and vehicles is limited to the following hours, unless otherwise permitted by Council: Monday to Saturday from 7.00am to 6.00pm No work to be carried out on Sundays or Public Holidays The proponent is responsible to instruct and control subcontractors regarding hours of work.

[DUR0205] 44. All reasonable steps shall be taken to muffle and acoustically baffle all plant and

equipment. In the event of complaints from the neighbours, which Council deem to be reasonable, the noise from the construction site is not to exceed the following: A. Short Term Period - 4 weeks.

LAeq, 15 min noise level measured over a period of not less than 15 minutes when the construction site is in operation, must not exceed the background level by more than 20dB(A) at the boundary of the nearest likely affected residence.

B. Long term period - the duration.

LAeq, 15 min noise level measured over a period of not less than 15 minutes when the construction site is in operation, must not exceed the background level by more than 15dB(A) at the boundary of the nearest affected residence.

[DUR0215] 45. All building work (other than work relating to the erection of a temporary building)

must be carried out in accordance with the requirements of the Building Code of Australia (as in force on the date the application for the relevant construction certificate was made).

[DUR0375]

46. Building materials used in the construction of the building are not to be deposited


or stored on Council's footpath or road reserve, unless prior approval is obtained from Council.

[DUR0395]

47. The Principal Certifying Authority is to be given a minimum of 48 hours notice prior

to any critical stage inspection or any other inspection nominated by the Principal Certifying Authority via the notice under Section 6.6 of the Environmental Planning and Assessment Act 1979.

[DUR0405]

48. Excavation

(a) All excavations and backfilling associated with the erection or demolition of a

building must be executed safely and in accordance with WorkCover 2000 Regulations.

(b) All excavations associated with the erection or demolition of a building must

be properly guarded and protected to prevent them from being dangerous to life or property.

[DUR0425]

49. If the work involved in the erection or demolition of a building:

(a) is likely to cause pedestrian or vehicular traffic in a public place to be

obstructed or rendered inconvenient; or (b) building involves the enclosure of a public place, a hoarding or fence must be erected between the work site and the public place in accordance with the WorkCover Authority of NSW Code of Practice and relevant Australian Standards. Where necessary the provision for lighting in accordance with AS 1158 - Road lighting and provision for vehicular and pedestrian traffic in accordance with AS 1742 shall be provided. Any such hoarding, fence or awning is to be removed prior to the issue of an occupation certificate/subdivision certificate. Application shall be made to Tweed Shire Council including associated fees for approval prior to any structure being erected within Councils road reserve.

[DUR0435]

50. All demolition work is to be carried out in accordance with the provisions of

Australian Standard AS 2601 "The Demolition of Structures" and to the relevant requirements of the WorkCover NSW, Work Health and Safety Regulation 2017. The proponent shall also observe the guidelines set down under the Department of Environment and Climate Change publication, “A Renovators Guide to the Dangers of Lead” and the Workcover Guidelines on working with asbestos.

[DUR0645] 51. Minimum notice of five working days shall be given to Tweed Shire Council for the

permanent removal of any disused sewer junctions. Tweed Shire Council staff


shall undertake the works in accordance with the application lodged and upon excavation of the service by the developer.

[DUR0675] 52. The development is to be carried out in accordance with the current BASIX

certificate and schedule of commitments approved in relation to this development consent.

[DUR0905] 53. All work associated with this approval is to be carried out so as not to impact on

the neighbourhood, adjacent premises or the environment. All necessary precautions, covering and protection shall be taken to minimise impact from: • Noise, water or air pollution. • Dust during filling operations and also from construction vehicles. • Material removed from the site by wind.

[DUR1005] 54. The burning off of trees and associated vegetation felled by clearing operations or

builders waste is prohibited. Such materials shall either be recycled or disposed of in a manner acceptable to Councils General Manager or his delegate.

[DUR1015] 55. Any damage caused to public infrastructure (roads, footpaths, water and sewer

mains, power and telephone services etc) during construction of the development shall be repaired in accordance with Councils Development Design and Construction Specifications prior to the issue of a Subdivision Certificate and/or prior to any use or occupation of the buildings.

[DUR1875]

56. Swimming Pools (Building)

(a) The swimming pool is to be installed and access thereto restricted in

accordance with Australian Standard AS 1926.1 - 2012 & AS 1926.3 -2010 & AS 1926.2-2007, the Swimming Pool Act 1992 and the Swimming Pool Regulation 2008.

(b) Swimming pools shall have suitable means for the drainage and disposal of overflow water.

(c) The pool pump and filter is to be enclosed and located in a position so as not to cause a noise nuisance to adjoining properties.

(d) Warning notices are to be provided in accordance with Part 3 of the Swimming Pool Regulations 2008.

(e) Once your pool or spa is complete please register it at www.swimmingpoolregister.nsw.gov.au.

[DUR2075] 57. Backwash from the swimming pool is to be connected to the sewer in accordance

with Australian Standard AS 3500.2 Section 10.9. [DUR2085]

58. The proposed swimming pool is to be sited a minimum distance of 6 metres from

any effluent disposal area. [DUR2105]

59. The builder must provide an adequate trade waste service to ensure that all waste


material is suitably contained and secured within an area on the site, and removed from the site at regular intervals for the period of construction/demolition to ensure no material is capable of being washed or blown from the site.

[DUR2185]

60. The site shall not be dewatered, unless written approval to carry out dewatering

operations is received from the Tweed Shire Council General Manager or his delegate.

[DUR2425] 61. Council is to be given 24 hours notice for any of the following inspections prior to

the next stage of construction: (a) internal drainage, prior to slab preparation; (b) water plumbing rough in, and/or stackwork prior to the erection of brick work

or any wall sheeting; (c) external drainage prior to backfilling. (d) completion of work and prior to occupation of the building.

[DUR2485]

62. Plumbing

(a) A plumbing permit is to be obtained from Council prior to commencement of

any plumbing and drainage work. (b) The whole of the plumbing and drainage work is to be completed in

accordance with the requirements of the Plumbing Code of Australia and AS/NZS 3500.

[DUR2495]

63. An isolation cock is to be provided to the water services for each unit in a readily

accessible and identifiable position. [DUR2505]

64. Overflow relief gully is to be located clear of the building and at a level not less than

150mm below the lowest fixture within the building and 75mm above finished ground level.

[DUR2545] 65. All new hot water installations shall deliver hot water at the outlet of sanitary fixtures

used primarily for personal hygiene purposes at a temperature not exceeding:- * 45ºC for childhood centres, primary and secondary schools and nursing

homes or similar facilities for aged, sick or disabled persons; and * 50ºC in all other classes of buildings. A certificate certifying compliance with the above is to be submitted by the licensed plumber on completion of works.

[DUR2555]

66. The Applicant shall submit the appropriate ‘Application for Water Service

Connection’ form to Council’s Water Unit to facilitate the removal of one the of a property service water connections on Lot 256 DP 755740 and SP 17328 from the existing water main in Lagoon Road. The connection shall be undertaken by Tweed


Shire Council, with all applicable costs and application fees paid by the Applicant. [DUR2800]

67. Swimming pool pumps, air conditioning units, heat pump water systems and the

like shall be located, installed and operated so as not to be heard in a habitable room of a residence during restricted hours or where it would create offensive noise as defined within the NSW Protection of the Environment Operations (Noise Control) Regulation 2017.

[DUR2835]

68. The occupier of any premises in or on which a swimming pool (not including a spa

pool) is being constructed must ensure that a sign is erected and maintained that: (a) bears a notice containing the words “This swimming pool is not to be

occupied or used”, and (b) is located in a prominent position in the immediate vicinity of that swimming

pool, and (c) continues to be erected and maintained until a relevant occupation certificate

or a certificate of compliance has been issued for that swimming pool. Maximum penalty: 5 penalty units. Note. The signage requirements in subclause (3) are in addition to any signage that may be required under the Environmental Planning and Assessment Act 1979 or any other Act.

[DURNS01]

69. A suitably qualified ecologist who holds a fauna survey licence is required to

manage wildlife onsite during any tree removal and/or disturbance to wildlife habitat. Fauna management methods employed should be generally consistent with the Draft Queensland Code of Practice for the Welfare of Wild Animals Affected by Clearing and Other Habitat and Wildlife Spotter/Catchers (Hangar & Nottidge 2009). Where translocation is required the proponent shall seek any relevant permits from the state regulating agency (NSW Office of Environment & Heritage). It is the responsibility of the proponents to ensure all relevant licences have been obtained prior to any fauna interactions.

70. All vegetation management measures detailed in the approved Arboricultural

Impact Assessment Report shall be complied with for all stages of the development during the demolition and construction phases.

71. A suitably experienced and qualified Project Arborist (Minimum AQF Level 5

Arborist) must be appointed prior to commencement of any works on site. The Project Arborist is to be responsible for supervising Stage 1 and Stage 2 demolition and tree works and completing certification of tree management requirements in accordance with the approved Arboricultural Impact Assessment Report and Australian Standard AS4970-2009 Protection of trees on development sites through all stages of the development.

72. The applicant must comply with any directions given by the Project Arborist or

Council’s General Manager or delegate during the demolition and construction phases with respect to vegetation management measures employed onsite.


73. In the event that any threatened species, populations, ecological communities or their habitats are detected during operations with a high likelihood of negative impact, appropriate Plans of Management for those species must be formulated to the satisfaction of the General Manager or delegate and/or the Office of Environment and Heritage. No further site clearing or construction activity will take place until the Plan(s) of Management is/are approved.

74. All landscaping shall be carried out in accordance with the approved detailed plan

of landscaping. 75. All practical measures must be taken to prevent and minimise harm to the

environment as a result of the construction, operation and, where relevant, the decommissioning of the development.

76. All habitat restoration works shall be carried out in accordance with the approved

Habitat Restoration Plan. 77. Within 30 days from practical completion of Stage 1 works the nominated Project

Arborist shall provide to Council's General Manager or delegate a certification report that includes the following information: (a) Confirmation that all works have been undertaken in accordance with the

approved Stage 1 Arboricultural Impact Assessment Report as required by this consent, Australian Standard AS4970 - 2009 Protection of trees on development sites, industry best standards,

(b) Provide details of any remedial actions recommended by the Project Arborist

or Council to avoid/minimise disturbance of retained vegetation, and (c) Brief assessment of the condition of the trees to be retained, details of any

deviations from approved essential tree protection management actions/measures and if applicable evaluation of any remedial actions undertaken to mitigate impact on existing vegetation as a result of project works.

[DURNS02]

PRIOR TO ISSUE OF OCCUPATION CERTIFICATE 78. Prior to issue of an Occupation Certificate, all works/actions/inspections etc

required at that stage by other conditions or any approved Management Plans or the like shall be completed in accordance with those conditions or plans.

[POC0005]

79. A person must not commence occupation or use of the whole or any part of a new

building or structure (within the meaning of Section 6.9 and 6.10 unless an occupation certificate has been issued in relation to the building or part (maximum 25 penalty units).

[POC0205]


80. A final occupation certificate must be applied for and obtained within 6 months of any Interim Occupation Certificate being issued, and all conditions of this consent must be satisfied at the time of issue of a final occupation certificate (unless otherwise specified herein).

[POC0355]

81. The lots are to be consolidated into one (1) lot under one (1) title. The plan of

consolidation shall be registered with the Land and Property Information (LPI) (formerly the Lands Titles Office), prior to issue of an Occupation Certificate.

[POC0855]

82. Upon completion of the pool the builder is to submit to the Principal Certifying

Authority a certificate stating that the “Water Recirculation System” has been installed in accordance with AS 1926.3-2010.

[POC0905]

83. Prior to the occupation or use of any building and prior to the issue of any

occupation certificate, including an interim occupation certificate a final inspection report is to be obtained from Council in relation to the plumbing and drainage works.

[POC1045]

84. Prior to the issue of a final Occupation Certificate, all conditions of consent are to

be met. [POC1055]

85. The swimming pool or spa is required to be registered at

www.swimmingpoolregister.nsw.gov.au prior to the issue of any occupation certificate for the swimming pool or spa.

[POC1100]

86. All approved landscaping requirements must be completed in accordance with the

approved detailed plan of landscaping to the satisfaction of Council’s General Manager or delegate prior to the issue of an Occupation Certificate.

87. Prior to the issue of an Occupation Certificate, the nominated Project Arborist shall

provide to Council's General Manager or delegate a certification report that includes the following information: (a) Confirmation that all works have been undertaken in accordance with the

approved Stage 2 Arboricultural Impact Assessment Report as required by this consent, Australian Standard AS4970 - 2009 Protection of trees on development sites, industry best standards,

(b) Provide details of any remedial actions recommended by the Project Arborist

or Council to avoid/minimise disturbance of retained vegetation, and (c) Brief assessment of the condition of the trees, details of any deviations from

approved essential tree protection management actions/measures and if applicable evaluation of any remedial actions undertaken to mitigate impact on existing vegetation as a result of project works.


88. Prior to issue of an Occupation Certificate the applicant shall provide to Council evidence that the positive covenant and restriction to user as specified in this consent has been created and registered on land title.

89. All construction works and activity shall be contained within the subject site and

shall not encroach within the adjacent Council administered crown land being Lot 7075 DP1071318 to the east of the subject site.

90. A heavy duty pool cover to the satisfaction of Council’s General Manager or

delegate shall be installed as a permanent fixture to ‘Pool 2’ as shown on Dwg. No. BP827/DA1.03 Issue O Site Plan - Proposed dated 31 July 2019 prepared by Jared Poole Design prior to issue of an Occupation Certificate or commencement of use of the development whichever occurs first.

91. All environmental restoration works and activities shall be completed to a level

specified in the approved Habitat Restoration Plan prior to the issue of an Occupation Certificate.

[POCNS02]

USE 92. The use to be conducted so as not to cause disruption to the amenity of the locality,

particularly by way of the emission of noise, dust and odours or the like. [USE0125]

93. All externally mounted air conditioning units and other mechanical plant or

equipment are to be located so that any noise impact due to their operation which may be or is likely to be experienced by any neighbouring premises is minimised. Notwithstanding this requirement all air conditioning units and other mechanical plant and or equipment is to be acoustically treated or shielded where considered necessary to the satisfaction of the General Manager or his delegate such that the operation of any air conditioning unit, mechanical plant and or equipment does not result in the emission of offensive or intrusive noise.

[USE0175]

94. All externally mounted artificial lighting, including security lighting, is to be shielded

to the satisfaction of the General Manager or his delegate where necessary or required so as to prevent the spill of light or glare creating a nuisance to neighbouring or adjacent premises.

[USE0225]

95. All wastes shall be collected, stored and disposed of to the satisfaction of the

General Manager or his delegate. [USE0875]

96. Swimming pool pumps, air conditioning units, heat pump water systems and the

like shall not be operated if it can be heard in a habitable room of a residence during restricted hours or at other times should the noise from the article be deemed to be offensive as defined within the NSW Protection of the Environment Operations (Noise Control) Regulation 2008.

[USE1510]


97. No shade structure shall be erected or installed on the rooftop terrace without the prior written approval of the General Manager or his delegate.

[USENS01]

C. ATTACHMENT 6 is CONFIDENTIAL in accordance with Section 10A(2) of the Local

Government Act 1993, because it contains:- (e) information that would, if disclosed, prejudice the maintenance of law

AMENDMENT 1

323

Cr K Milne Cr C Cherry PROPOSED that the conditions of consent above to reflect the following bolded change to the following conditions: 18.1 An onsite translocation plan for Cryptocarya foetida (Tree No. 102) as shown on Dwg.

No. BP827/DA1.06 Issue N Site Plan - Existing Tree Impact dated 29 July 2019 prepared by Jared Poole Design shall be prepared by a suitably qualified Arborist with a minimum Australian Qualification Framework (AQF) Level 5 in Arboriculture. The plan shall: a. Determine if translocation is feasible for Tree 102 based on proven

arboricultural/horticultural knowledge and experience in translocation. b. Prescribe best practice translocation methods consistent with Guidelines for the

Translocation of Threatened Plants in Australia Second Edition Florabank Guidelines and Code of Practice 2000.

c. Include as a contingency (where translocation is not considered feasible) the

propagation of Cryptocarya foetida (propagated from local provenance) – a minimum of 10 individuals to be germinated and on-grown. Where translocation is not considered feasible or unsuccessful propagated individual C. foetida shall be planted within the approved conservation area at a ratio of 4:1 (i.e. 4 plants for every 1 directly impacted).

d. Include maintenance and monitoring protocol for the translocated C. foetida

individual and/or plantings for a minimum period of seven years. The plan shall be approved by Council’s General Manager or delegate prior to the demolition of any structures or the commencement of any works on site.

23.1 Prior to the issue of a construction certificate the proponent shall submit revised plans

for the proposed gatehouse adjacent to the Dune Street boundary for the written approval of the General Manager or his delegate. The amended plans should incorporate the following:


(a) The gatehouse shall be clad in lightweight materials such as timber cladding or scion axon cladding to match the dwelling.

31. A Habitat Restoration Plan (HRP) shall be submitted and approved by Council's General

Manager or delegate prior to issue of any Construction Certificate associated with the development or prior to commencement of any works whichever occurs first. The HRP shall be developed for the following areas: (a) The entire area onsite to the east of the 4.9m asset protection zone as depicted on

Dwg. No. BP827/DA1.03 Issue O Site Plan - Proposed dated 31 July 2019 prepared by Jared Poole Design to include ‘Tall closed Littoral rainforest (Cryptocarya triplinervis var. triplinervis +/- Cupaniopsis anacardioides, Banksia integrifolia and Lophostemon confertus) littoral rainforest community’ as depicted on Figure 8 Vegetation Communities in Ecological Assessment 20-22 Lagoon Road, Fingal Head dated August 2019 (Issue 8) prepared by JWA Ecological Consultants.

(b) The entire ‘Clump 2’ as shown on Figure 9 Tree Survey in Ecological Assessment

20-22 lagoon Road Fingal Head dated May 2018 prepared by JWA Ecological Consultants.

The HRP shall be prepared generally in accordance with TSC Draft Habitat Restoration Plan Preparation Guideline - Site specific guidelines for the ecological restoration dated February 2012 by a person suitably qualified in Bushland Regeneration or Ecological Restoration and with knowledge and experience in local littoral rainforest vegetation communities to include the following: i. A description of those areas the subject of the HRP including area estimates and

an appraisal of the present condition of remnant vegetation, ii. Plan overlaying an aerial photograph of the site which divides the area into zones

for regeneration and zones for planting, including those areas to be revegetated following removal of existing built form within the Conservation Area (i.e. timber boardwalk and platforms),

iii. The restoration approach, methods and techniques to be implemented i.e. assisted

natural regeneration, reconstruction and/or a combination within each zone, iv. Schedule of local native plant species and densities to be used for planting

(where required), v. Program of works to be undertaken to control environmental weed species, vi. Schedule of timing of proposed works, vii. Details of primary establishment phase works and maintenance phase works as

follows (which may not be strictly limited to): A. Primary Works - All planting, treatment of all environmental weeds, baseline

monitoring and reporting,


B. Maintenance works - Supplementary planting (where required), continued

treatment and control of environmental weeds, monitoring and reporting. viii. Set of performance criteria to achieve the specified restoration outcomes over a

seven (7) year management period, ix. Maintenance, monitoring and reporting schedule with developer commitment for a

period of not less than five (5) years. The number of treatment rotations shall be adequate to successfully achieve site capture by completion of the seven (7) year maintenance period,

x. An adaptive management statement detailing how potential problems arising may

be overcome and requiring approval of Council’s General Manager or delegate for such changes,

xi. A long-term management component to include:

A. A schedule of activities not permitted within the Conservation Area to be

registered on title under an 88B Restriction as to User referred to in this consent,

B. Set of performance criteria to be achieved annually post the seven (7) year maintenance period,

C. A schedule of annual works to achieve post seven (7) year maintenance period performance criteria.

[PCCNS01]

Amendment 1 was Lost FOR VOTE - Cr C Milne, Cr C Cherry AGAINST VOTE - Cr W Polglase, Cr J Owen, Cr P Allsop, Cr R Byrnes ABSENT. DID NOT VOTE - Cr R Cooper The Motion was Carried (Minute No 322 refers) FOR VOTE - Cr C Cherry, Cr W Polglase, Cr J Owen, Cr P Allsop, Cr R Byrnes AGAINST VOTE - Cr C Milne ABSENT. DID NOT VOTE - Cr R Cooper

RESUMPTION OF STANDING ORDERS

324

Cr K Milne Cr C Cherry RESOLVED that Standing Orders be resumed.



ORDERS OF THE DAY

7 [NOR] [E-CM] Adani Mine Resolution and Tender Processes NOTICE OF RESCISSION:

325

Cr J Owen Cr P Allsop RESOLVED that the resolution from the meeting held on 19 April 2018 at Minute No 171 Item No 19 titled [E-CM] Adani Mine Resolution and Tender Processes being:

"… that Council: 1. Amends the Procurement Policy to reflect its position on the development of the

Carmichael Mine in the Galilee basin by including a requirement for all civil construction tenderers to disclose any direct contractual agreement to construct or operate the mine. Amendments to the Procurement Policy 1.7 would be as follows:

Objectives Addition of: To ensure that Council does not support the development of

the Carmichael Mine.

To ensure that sustainability and the imperative for urgent and concerted action on climate change underpins all decision making in the procurement of products, services and contractors.

Definitions Addition of: Carmichael Mine The proposed coal mine in the Galilee Basin, Central

Queensland. Director contractual Agreement A contract between the Tenderer and the owner/s of the

Carmichael Mine Policy Additional of:

3.7 Business Associations Disclosure Council does not support the development of the Carmichael Mine in the Galilee basin. All tenderers are required to answer a compulsory question


stating whether they have entered into any direct contractual agreement for the construction or operation of the Carmichael Mine. A yes response will result in the tenderer being ineligible for further consideration. A no response will result in the tenderer being eligible to proceed to the next step of evaluation.

2. ATTACHMENTS 1and 2 are CONFIDENTIAL in accordance with Section 10A(2) of the Local Government Act 1993, because they contain:- (e) information that would, if disclosed, prejudice the maintenance of law."

be rescinded. The Rescission Motion was Carried FOR VOTE - Cr W Polglase, Cr J Owen, Cr P Allsop, Cr R Byrnes AGAINST VOTE - Cr C Milne, Cr C Cherry ABSENT. DID NOT VOTE - Cr R Cooper

8 [NOM-Cr J Owen] Adani Mine and Procurement Policy

326

Cr J Owen Cr R Byrnes RESOLVED that: 1. The Procurement Policy be amended by removing the requirement for all tenderers to

disclose any direct contractual agreement to construct or operate the Adani Carmichael mine in the Galilee basin, specifically the following wording to be removed from the Procurement Policy:

“3.8 Business Associations Disclosures

Council does not support the development of the Carmichael Mine in the Galilee basin. All tenderers are required to answer a compulsory question stating whether they have entered into any direct contractual agreement for the construction or operation of the Carmichael Mine. A yes response will result in the tenderer being ineligible for further consideration. A no response will result in the tenderer being eligible to proceed to the next step of evaluation.”

2. The amended Procurement Policy be placed on public exhibition in accordance with

Section 160 of the Local Government Act for a period of 28 days, allowing a period of 42 days for the receipt of written submissions.


The Motion was Carried FOR VOTE - Cr W Polglase, Cr J Owen, Cr P Allsop, Cr R Byrnes AGAINST VOTE - Cr C Milne, Cr C Cherry ABSENT. DID NOT VOTE - Cr R Cooper

ADJOURNMENT OF MEETING Adjournment for dinner at 7.02pm. RESUMPTION OF MEETING The Meeting resumed at 7.52pm.

SUSPENSION OF STANDING ORDERS

327

Cr K Milne Cr P Allsop RESOLVED that Standing Orders be suspended to deal with Item 14 of the Agenda. The Motion was Carried FOR VOTE - Unanimous ABSENT. DID NOT VOTE - Cr R Cooper

14 [PR-CM] Development Application DA18/0349 for the Use of Existing Dwelling and Shed at Lot 8 DP 1079822 No. 33 Forest Way, Stokers Siding

328

Cr W Polglase Cr P Allsop PROPOSED that: A. That Development Application DA18/0349 for the use of an existing dwelling and shed

at Lot 8 DP 1079822 No. 33 Forest Way, Stokers Siding be refused for the following reasons: 1. Pursuant to the Environmental Planning and Assessment Act, Section 4.15

(1)(a)(i), the proposed development is contrary to the provisions of the Tweed Local Environment Plan 2014, in respect to the following: (a) The proposal is not consistent with the objectives of Clause 4.3 (1);


(b) The proposal is not consistent with Clause 4.3 (2) which prescribes a 10m height limit for this locality;

(c) The proposal is not consistent with the objectives of Clause 4.6 (1); and (d) The proposal is not consistent with Clause 4.6 (3) in that compliance with the

development standard is not considered unreasonable or unnecessary and that there are not sufficient environmental planning grounds to justify contravening the standard.

2. Pursuant to Section 4.15 (1)(a)(iii) The proposal is not consistent with Section A1

of Council's Development Control Plan Clause 3.2, which prescribes a 10m height limit where located on slopes greater than 12 degrees (12.25%).

3. Pursuant to Section 4.15 (1)(b) The proposal provides for an unwarranted departure from the building height development standard.

4. Pursuant to Section 4.15 (1)(e) The proposal is considered not to be in the public

interest given the works have been constructed without consent and would not have been supported if an application was lodged prior to being constructed.

B. Council investigates options to commence appropriate compliance action for the

unauthorised building works. C. Council requires that the applicant rectify the dwelling to comply with the 10m Building

Height Standard through the lodgement of a new development application. D. ATTACHMENTS 4 and 5 are CONFIDENTIAL in accordance with Section 10A(2) of the

Local Government Act 1993, because it contains:- (a) personnel matters concerning particular individuals (other than councillors).

AMENDMENT 1

329

Cr C Cherry Cr K Milne RESOLVED to defer this item to review the amended plans which have recently been submitted to Council. Amendment 1 was Carried FOR VOTE - Cr C Milne, Cr C Cherry, Cr P Allsop, Cr R Byrnes AGAINST VOTE - Cr W Polglase, Cr J Owen ABSENT. DID NOT VOTE - Cr R Cooper


Amendment 1 on becoming the Motion was Carried - (Minute No 329 refers) FOR VOTE - Cr C Milne, Cr C Cherry, Cr P Allsop, Cr R Byrnes AGAINST VOTE - Cr W Polglase, Cr J Owen ABSENT. DID NOT VOTE - Cr R Cooper

RESUMPTION OF STANDING ORDERS

330

Cr K Milne Cr C Cherry RESOLVED that Standing Orders be resumed. The Motion was Carried FOR VOTE - Unanimous ABSENT. DID NOT VOTE - Cr R Cooper

9 [NOM-Cr J Owen] Special Activation Precinct

331

Cr J Owen Cr W Polglase PROPOSED that Council directs the General Manager to fast track discussions with the NSW Government and other relevant stakeholders to request that Tweed becomes one of New South Wales’ Special Activation Precincts.

AMENDMENT 1

332

Cr K Milne Cr C Cherry RESOLVED that Council: 1. Notes that progress is already well underway with action on a Special Activation Precinct

for Tweed and strongly supports these efforts. 2. Would welcome a Special Activation Precinct except in areas of State Significant

Farmland within the Shire. 3. The Mayor writes to the NSW Deputy Premier advising of Council's support for a Special

Activation Precinct.


Amendment 1 was Carried FOR VOTE - Cr C Milne, Cr C Cherry, Cr P Allsop, Cr R Byrnes AGAINST VOTE - Cr W Polglase, Cr J Owen ABSENT. DID NOT VOTE - Cr R Cooper Amendment 1 on becoming the Motion was Carried - (Minute No 332 refers) FOR VOTE - Cr C Milne, Cr C Cherry, Cr P Allsop, Cr R Byrnes AGAINST VOTE - Cr W Polglase, Cr J Owen ABSENT. DID NOT VOTE - Cr R Cooper

10 [NOM-Cr J Owen] Temporary Garbage Bins for Music Festivals

333

Cr J Owen Cr P Allsop RESOLVED that: 1. Council directs the General Manager to negotiate with music festival organisers,

including but not limited to, "Blues Fest", "Splendour in the Grass" and "Falls Festival", to ensure that they provide adequate waste management services at bus stops for use by festival goers waiting for shuttle bus services.

2. Festival organisers are requested to:

a) Provide these additional waste management services at their own cost during every festival; and

b) Undertake daily inspections of the bus stops to ensure that they are clean and that

the bins are regularly emptied during festivals.


11 [NOM-Cr K Milne] Recycled Plastic Products / Seating

334

Cr K Milne Cr C Cherry


RESOLVED that Council: 1 Notes the recycling crisis that is affecting Australia due to the China Sword policy. 2. Investigate and bring back a report on whether we can increase the purchase of recycled

plastic products to assist in increasing the market demand for this material, for instance park / street furniture and particularly seating that may also assist our elderly population and provide enhanced opportunities for social interaction.

The Motion was Carried FOR VOTE - Cr C Milne, Cr C Cherry, Cr J Owen, Cr P Allsop, Cr R Byrnes AGAINST VOTE - Cr W Polglase ABSENT. DID NOT VOTE - Cr R Cooper

QUESTIONS ON NOTICE

Nil. Cr W Polglase temporarily left the meeting at 08:35 PM. Cr W Polglase has returned from temporary absence at 08:38 PM

ITEMS BY EXCEPTION

335

Cr P Allsop Cr K Milne RESOLVED that Items 13 to 51, with the exception of Item(s) 12, 20, 21, 26, 31, 34, 47 and 49 be considered in block. The Motion was Carried FOR VOTE - Unanimous ABSENT. DID NOT VOTE - Cr R Cooper

336

Cr P Allsop Cr K Milne RESOLVED that Items 13 to 51, with the exception of Item(s) 12, 20, 21, 26, 31, 34, 47 and 49 be moved in block. The Motion was Carried FOR VOTE - Unanimous


ABSENT. DID NOT VOTE - Cr R Cooper

REPORTS THROUGH THE GENERAL MANAGER

REPORTS FROM THE GENERAL MANAGER

12 [GM-CM] Environmental Land Purchases

337

Cr K Milne Cr C Cherry RESOLVED that: 1. Council proceeds with offer from Bond University Research Services Branch and

submits a $20,000 funding request to the September 2019 Quarterly Budget Review. 2. ATTACHMENT 1 is CONFIDENTIAL in accordance with Section 10A(2) of the Local

Government Act 1993, because it contains:- (c) information that would, if disclosed, confer a commercial advantage on a person with

whom the council is conducting (or proposes to conduct) business. FOR VOTE - Cr C Milne, Cr C Cherry, Cr R Byrnes AGAINST VOTE - Cr W Polglase, Cr J Owen, Cr P Allsop ABSENT. DID NOT VOTE - Cr R Cooper The Motion was Carried on the Casting Vote of the Mayor.

13 [GM-CM] Provision of Workers Compensation Tender DECLARATION OF INTEREST The Executive Manager People, Communication and Governance, Mrs Suzanne Richmond, declared a Non pecuniary, non-significant conflict of interest in relation to item 13, Provision of Workers Compensation Tender. The nature of this interest is that she is a member of the StateCover Advisory Committee, our current Workers Compensation Insurer and proposed successful tenderer. The Executive Manager People, Communication and Governance has previously managed this conflict during the tender process by declaring the conflict in writing to the General Manger and removing myself from any involvement in the tender process. Mrs Richmond proposes to manage the conflict of interest by leaving the meeting during the discussion of this matter.

338

Cr P Allsop Cr K Milne


RESOLVED that in respect to Contract RFO2019063 for the provision of Worker’s Compensation Insurance Services: 1. Council awards the contract RFO2019063 for Workers Compensation Insurance

Services to StateCover Mutual Limited for a contract (i.e. Workers Compensation Insurance Policy) period of 12 months with an automatic annual renewal subject to satisfactory annual performance reviews.

2. The General Manager be granted delegated authority to approve appropriately deemed

variations to the contract and those variations be reported to Council six monthly and at finalisation of the contract.

3. ATTACHMENTS 1 and 2 are CONFIDENTIAL in accordance with Section 10A(2) of the Local Government Act 1993, because it contains:- (c) information that would, if disclosed, confer a commercial advantage on a person with

whom the council is conducting (or proposes to conduct) business. The Motion was Carried FOR VOTE - Unanimous ABSENT. DID NOT VOTE - Cr R Cooper

14 [PR-CM] Development Application DA18/0349 for the Use of Existing Dwelling and Shed at Lot 8 DP 1079822 No. 33 Forest Way, Stokers Siding

This item was dealt with earlier in the meeting (Minute No 329 refers)

15 [PR-CM] Development Application DA19/0242 for the Erection of Dwelling to Create Detached Dual Occupancy and a Detached Garage and Carport at Lot 38 DP 263730 No. 52 Royal Drive, Pottsville


16 [PR-CM] Development Application DA19/0199 for a Residential Flat Building with Basement Car Parking and Swimming Pool Including Demolition of all Existing Structures at Lot 9 Section 3 DP 758571 No. 176 Marine Parade, Kingscliff



17 [PR-CM] Development Application DA17/0240.02 for an Amendment to Development Consent DA17/0240 for a Residential Flat Building (6 Units), Pool and Demolition of Existing Structures at Lot 9 Section 3 DP 758571 No. 176 Marine Parade, Kingscliff


REPORTS FROM THE DIRECTOR PLANNING AND REGULATION

18 [PR-CM] Illegal Dumping Strategy

339

Cr P Allsop Cr K Milne RESOLVED that Council adopts and implements the publicly exhibited Illegal Dumping Strategy 2019-2021 as provided in Attachment 2 of the report. The Motion was Carried FOR VOTE - Unanimous ABSENT. DID NOT VOTE - Cr R Cooper

19 [PR-CM] Exhibition of Draft Planning Proposal PP18/0004 Removal of Enabling Clause 7.15 for Water Bottling Facilities

340

Cr P Allsop Cr K Milne RESOLVED that: 1. Planning Proposal PP18/0004, being amendment No 28 to the Tweed Local

Environmental Plan 2014, as provided in Attachment 1 of the report, and amended to include Lot 3 DP 815475 350 Rowlands Creek Road within the amendment to Schedule 1 Additional Permitted Use Provisions, be publicly exhibited.

2. The updated Planning Proposal be exhibited in accordance with the Gateway

Determination issued on 13 May 2019, for a period of 28 days and the requirements of the Environmental Planning and Assessment Act 1979 and Regulations 2000.

3. The original wording of the objectives in former Clause 7.15 be included in the criteria

for the threshold test for development consent and the Planning Proposal be amended accordingly.



20 [PR-CM] Update on the Rural Land Strategy and resolutions ALTERNATE MOTION

341

Cr C Cherry Cr K Milne RESOLVED that: 1. The information contained within this report be received and noted. 2. Council officers bring back a report to the September or October Council meeting on a

revised draft Tweed Shire Rural Land Strategy which: a) reflects the agreements reached through the Councillor Workshop of 2 August

2019; and b) provides an outline of the process for the implementation of the plan including

establishment of a rural land implementation reference group.

3. Council holds a facilitated workshop with a maximum of three representatives from each of the Combined Tweed Rural Industries Association, Tweed Rural Sustainable Alliance and Tweed Canegrowers Association to discuss the way forward with the Rural Land Strategy

The Motion was Carried FOR VOTE - Cr C Milne, Cr C Cherry, Cr W Polglase, Cr P Allsop, Cr R Byrnes AGAINST VOTE - Cr J Owen ABSENT. DID NOT VOTE - Cr R Cooper


REPORTS FROM THE DIRECTOR SUSTAINABLE COMMUNITIES AND ENVIRONMENT

21 [SCE-CM] Adoption of the Open Space Strategy 2019-2029 and Implementation Plan

ALTERNATE MOTION

342

Cr C Cherry Cr K Milne RESOLVED that the Open Space Strategy 2019-2029 and Implementation Plan be adopted with the inclusion of the following amendments: • Add the word “sporting” into sentence regarding use of Pottsville Memorial Oval on

page 53 of the Strategy in consideration of the finding listed on the same page that Pottsville is slightly undersupplied with active open space (Sportsfields).

• In the Implementation Plan Section 2, Pt 8: L8.1 add "in consultation with the local

RSL on future uses of Pottsville Memorial Oval." The Motion was Carried FOR VOTE - Unanimous ABSENT. DID NOT VOTE - Cr R Cooper

22 [SCE-CM] Draft Jack Evans Boat Harbour Plan of Management

343

Cr P Allsop Cr K Milne RESOLVED that: 1 Council endorses the Draft Jack Evans Boat Harbour (JEBH) Plan of Management and

undertakes the following approval and exhibition processes determined by the Minister’s response to Council’s initial assignment of categories.

2. If the Minister supports Council’s submitted initial categories for the JEBH precinct:

a) Council refers the Draft JEBH Plan of Management to the NSW Department of Planning, Industry and Environment - Crown Lands as landowner before placing the Draft Plan of Management on exhibition (s39 Local Government Act 1993);

b) Any provisions required by the Department will be included in the exhibited document; and


c) The approved Draft Plan of Management will be placed on exhibition for a minimum of 28 days where submissions can be made for a period no less than 42 days in accordance with the Local Government Act 1993.

3. If the Minister does not support Council’s submitted initial category for the JEBH precinct:

a) Council seeks Ministerial consent for the re-categorisation to the categories outlined within the Draft JEBH Plan of Management (s3.23(7)(d) Crown Land Management Act 2016);

b) Council refers the Draft JEBH Plan of Management to the NSW Department of Planning, Industry and Environment - Crown Lands as landowner (s39 Local Government Act 1993);

c) Ministerial consent and Departmental approval is received before placing the Draft Plan of Management on exhibition (s39 Local Government Act 1993) and any provisions required by the Department or Minister will be included in the exhibited document;

d) The approved Draft Plan of Management will be placed on exhibition for a minimum of 28 days where submissions can be made for a period no less than 42 days in accordance with the Local Government Act 1993; and

e) A public hearing will be undertaken under section 40A and in accordance with section 47G of the Local Government Act 1993 after the exhibition period has ended.

4. A report be submitted to Council after the required approvals are received and

community consultation is complete regarding the Draft Plan of Management. The Motion was Carried FOR VOTE - Unanimous ABSENT. DID NOT VOTE - Cr R Cooper

23 [SCE-CM] RFO2019069 Knox Park Entry Plaza

344

Cr P Allsop Cr K Milne RESOLVED that, in respect to Contract RFO2019069 Knox Park Entry Plaza: 1. Council awards a contract to Desire Contractors Pty Ltd ABN 77 167 694 055 for the

amount of $888,425.84 (exclusive of GST). 2. The General Manager be granted delegated authority to approve appropriately deemed

variations to the contract and those variations be reported to Council six monthly and at finalisation of the contract.

3. ATTACHMENTS 1 and 2 are CONFIDENTIAL in accordance with Section 10A(2) of the Local Government Act 1993, because it contains:


(c) information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business.


24 [SCE-CM] Draft Community Facilities Plan 2019 - 2036

345

Cr P Allsop Cr K Milne RESOLVED that Council: 1. Endorses the draft Community Facilities Plan 2019-2036 (CFP) for public exhibition for

a period of 28 days, allowing 42 days for submissions. 2. Endorses the revised standards of service provision for community facilities proposed in

the draft CFP. 3. Notes that a report on the findings of a review of section 7.11 contributions plans for

community facilities and libraries will follow. 4. Notes that following public exhibition and consideration of submissions received, a report

and final Community Facilities Plan will return to a future Council meeting for approval to adopt.


25 [SCE-CM] Update on Tweed Shire Council Cultural Plan 2018-2021

346

Cr P Allsop Cr K Milne RESOLVED that Council: 1. Notes the update on the Tweed Shire Council Cultural Plan (2018-2021). 2. Endorses the proposed spending from the A2247 - Cultural Development budget

towards implementation of the Cultural Plan as summarised in the table below:


A2247 Cultural Development Budget by Year

2019/2020

2020/2021 2012/2022 (6 months)

Annual Budget (recurring) $26,000 $26,000 $13,000 Reserve Funding $40,000 $40,000 $20,000 Total $66,000 $66,000 $33,000


26 [SCE-CM] Public Art Application - Homeless Jesus Statue ALTERNATE MOTION

347

Cr R Byrnes Cr W Polglase RESOLVED that: 1. The Homeless Jesus Statue application not be approved for installation at Jack Evans

Boat Harbour and the applicant be advised the reasons for the decision. 2. The applicant be encouraged to consider a private, church or religious organisation's

space if he wishes to pursue this particular installation, 3. The applicant be requested to consider statues of a non-religious and/or a temporary,

nature, that also raises awareness of the homeless and to consider a local or regionally produced work.

4. If the applicant requests the installation to be placed on public land the applicant is to

provide a list of locations for consideration and to complete the full application process for assessment by the Public Art Reference Group, and provide evidence of his ability to fund the installation and the maintenance in perpetuity of the work with a further report to Council providing options for such works.

Cr J Owen temporarily left the meeting at 09:09 PM. Cr P Allsop temporarily left the meeting at 09:10 PM. Cr P Allsop has returned from temporary absence at 09:13 PM


The Motion was Carried FOR VOTE - Unanimous ABSENT. DID NOT VOTE - Cr J Owen, Cr R Cooper

27 [SCE-CM] Evaluation of Tweed Shire Access and Inclusion Awards This item was dealt with earlier in the meeting (Minute No 319 refers)

28 [SCE-CM] Tweed River Estuary Coastal Management Program - Public Exhibition of Draft Management Plan

348

Cr P Allsop Cr K Milne RESOLVED that the Tweed River Estuary Coastal Management Program 2020-2030 be placed on public exhibition for 60 days, commencing in September 2019. The Motion was Carried FOR VOTE - Unanimous ABSENT. DID NOT VOTE - Cr R Cooper

29 [SCE-CM] Koala Beach Wildlife and Habitat Management Committee This item was dealt with earlier in the meeting (Minute No 320 refers)

30 [SCE-CM] Request for Sponsorship from Cudgen Headland Surf Life Saving Club

349

Cr P Allsop Cr K Milne RESOLVED that the sponsorship request received by Tweed Holiday Parks from Cudgen Headland Surf Life Saving Club in the amount of $5,000 (excluding GST) to assist the club in achieving their fundraising goals for the 2019/2020 patrolling season be approved.



REPORTS FROM THE DIRECTOR ENGINEERING

31 [E-CM] Adoption of Voluntary House Purchase Schemes and High Flood Hazard Areas Policy

ALTERNATE MOTION

350

Cr K Milne Cr P Allsop RESOLVED that: 1. Council adopts the South Murwillumbah and Bray Park Voluntary House Purchase

Scheme Scoping Study and Implementation Plan. 2. Council adopts the Burringbar and Mooball Voluntary House Purchase Scheme Scoping

Study and Implementation Plan. 3. Council adopts the High Flood Hazard Areas Policy. The Motion was Carried FOR VOTE - Unanimous ABSENT. DID NOT VOTE - Cr J Owen, Cr R Cooper

32 [E-CM] Draft South Murwillumbah Floodplain Risk Management Study and Plan

351

Cr P Allsop Cr K Milne RESOLVED that the Draft South Murwillumbah Floodplain Risk Management Study and Plan report and attachments be placed on public exhibition for a period of 28 days, allowing a period of 42 days for the receipt of written submissions.



33 [E-CM] Acquisition of Crown Land for Sewerage Purposes - Lot 1 DP 859328 and Lot 1 DP 1252333 and Easements for Rising Main 3 wide, 10 wide and Variable Width

352

Cr P Allsop Cr K Milne RESOLVED that: 1. Council approves the acquisition of Lot 1 DP 859328 for local government purposes and

Easements for Rising Main 3 wide, 10 Wide and Variable Width created in DP 859328, being part of Crown Land Reserve 87361 for Public Recreation purposes, under the provisions of the Land Acquisition (Just Terms Compensation) Act 1991 for the purposes of the Local Government Act 1993 and the making of the necessary application to the Minister and/or Governor.

2. Council approves the acquisition of Lot 2 DP 1252333 being part of Crown Land Reserve

87361 for Public Recreation purposes, under the provisions of the Land Acquisition (Just Terms Compensation) Act 1991 for the purposes of the Local Government Act 1993 and the making of the necessary application to the Minister and/or Governor.

3. All necessary documentation to be executed under the Common Seal of Council. The Motion was Carried FOR VOTE - Unanimous ABSENT. DID NOT VOTE - Cr R Cooper Cr J Owen has returned from temporary absence at 09:21 PM

34 [E-CM] RFO2018141 Design and Construct Uki Water Treatment Plant

353

Cr C Cherry Cr K Milne


RESOLVED that it is noted the Addendum Report dealing with RFO2018141 Design and Construct Uki Water Treatment Plant is withdrawn due to the required information to complete this matter being unavailable at the time of the meeting. The Motion was Carried FOR VOTE - Unanimous ABSENT. DID NOT VOTE - Cr R Cooper

35 [E-CM] Preferred Supplier Agreements for General Hardware, Plumbing and Electrical Fittings

354

Cr P Allsop Cr K Milne RESOLVED that, in respect to the creation of Preferred Supplier Agreements for General Hardware, Plumbing and Electrical Fittings, that Council: 1. In accordance with section 55(3)(i) of the Local Government Act, would not achieve a

satisfactory result by inviting tenders because of the unavailability of competitive or reliable Bidders.

2. Council enters into direct negotiations with appropriate suppliers with the intent to enter

into a Preferred Supplier Agreement. The Motion was Carried FOR VOTE - Unanimous ABSENT. DID NOT VOTE - Cr R Cooper

36 [E-CM] RFO2019113 Asphalt Supply and Installation - Various Sites

355

Cr P Allsop Cr K Milne RESOLVED that, in respect to Contract RFO2019113 Asphalt Supply and Installation - Various Sites: 1. Council awards the contract to East Coast Asphalt and Concrete Edging Pty Ltd (ABN:

51 755 877 285) at the rates mentioned in the Confidential Attachment 1 RFO2019113 Offer Evaluation Report.


2. The General Manager be granted delegated authority to approve appropriately deemed variations to the contract and those variations be reported to Council at finalisation of the contract.

3. ATTACHMENTS 1 and 2 are CONFIDENTIAL in accordance with Section 10A(2) of the

Local Government Act 1993, because it contains:- (d) commercial information of a confidential nature that would, if disclosed:

(i) prejudice the commercial position of the person who supplied it, or (ii) confer a commercial advantage on a competitor of the council, or (iii) reveal a trade secret.


37 [E-CM] RFO2019037 Panel of Providers for Soil Testing Services

356

Cr P Allsop Cr K Milne RESOLVED that, in respect to Contract RFO2019037 Panel of Providers for Soil Testing Services: 1. Council awards a Panel of Providers Contract to:

• ADE Consulting Group Pty Ltd ABN 45 294 757 43; • Border-Tek ABN 35 154 498 156; • Construction Sciences ABN 74 128 806 735; • Douglas Partners P/L ABN 75 053 980 117; • Morrison Geotechnic Pty Ltd ABN 51 009 878 899; • Regional Geotechnical Solutions ABN 51 141 848 820; and • Soil Surveys Engineering ABN 70 054 043 631; at the relevant offered rates for a Contract Period of two years.


variations to the contract and those variations be reported to Council at finalisation of the contract.

3. ATTACHMENTS 1 and 2 are CONFIDENTIAL in accordance with Section 10A(2) of the Local Government Act 1993, because it contains:- (c) information that would, if disclosed, confer a commercial advantage on a person with

whom the council is conducting (or proposes to conduct) business.



38 [E-CM] RFO2019064 Removal of Biosolids from TSC WWTP's for use inside TSC

357

Cr P Allsop Cr K Milne RESOLVED that in respect to Contract RFO2019064 Removal of Biosolids from Tweed Shire Council Wastewater Treatment Plants for use inside Tweed Shire Council Boundary: 1. Council awards a contract to C & L Reeve Pty Ltd (ABN 94 243 799 701) for the Schedule

of Rates offered to complete the works within 3 years from the date of issue of the notification in writing of acceptance of the offer (with the option to extend the contract for up to 2 x 12 months at Council's sole discretion).


variations and extensions to the contract and those variations and extensions be reported to Council six monthly and at finalisation of the contract.

3. ATTACHMENTS 1 and 2 are CONFIDENTIAL in accordance with Section 10A(2) of the

Local Government Act 1993, because they contain:- (c) information that would, if disclosed, confer a commercial advantage on a person with

whom the council is conducting (or proposes to conduct) business. The Motion was Carried FOR VOTE - Unanimous ABSENT. DID NOT VOTE - Cr R Cooper

39 [E-CM] RFO2019032 Panel for the Supply of Professional Services This item was considered in conjunction with the Addendum Report dealing with Contract RFO2019032 Panel for the Supply of Professional Services at Item 50 of the 15 August 2019 agenda.


REPORTS FROM THE EXECUTIVE MANAGER FINANCE, REVENUE AND INFORMATION TECHNOLOGY

40 [FRIT-CM] Six Monthly Progress Report as at 30 June 2019

358

Cr K Milne Cr K Milne RESOLVED that Council receives and notes the Six Monthly Progress Report as at 30 June, 2019. The Motion was Carried FOR VOTE - Unanimous ABSENT. DID NOT VOTE - Cr R Cooper

41 [FRIT-CM] Developer Contributions - Historic

359

Cr P Allsop Cr K Milne RESOLVED that non-Section 7.11 Developer Contributions detailed in this report be consolidated with Section 7.11 Developer Contributions Plans and the Asset Management Reserve - Infrastructure. The Motion was Carried FOR VOTE - Unanimous ABSENT. DID NOT VOTE - Cr R Cooper

42 [FRIT-CM] 2019/2020 Annual Loan Borrowing Report

360

Cr P Allsop Cr K Milne RESOLVED that: 1. The General Manager and Manager Financial Services be authorised to negotiate

acceptance of the loan quotations for 2019/2020 totalling $2,316,000. 2. Relevant loan documentation is to be executed under the Common Seal of Council.



43 [FRIT-CM] In Kind and Real Donations - January, February, March Quarter 2019

361

Cr P Allsop Cr K Milne RESOLVED that Council notes the total in kind and real donations of $104,678.77 for the period of January to March 2019. The Motion was Carried FOR VOTE - Unanimous ABSENT. DID NOT VOTE - Cr R Cooper

44 [FRIT-CM] Monthly Investment Report for period ending 30 June 2019

362

Cr P Allsop Cr K Milne RESOLVED that, in accordance with Section 625 of the Local Government Act 1993, the monthly investment report as at period ending 30 June 2019 totalling $349,105,934 be received and noted. The Motion was Carried FOR VOTE - Unanimous ABSENT. DID NOT VOTE - Cr R Cooper

45 [FRIT-CM] Monthly Investment Report for period ending 31 July 2019 This item was considered in conjunction with the Addendum Report at Item 51 of the 15 August 2019 agenda.


REPORTS FROM THE EXECUTIVE MANAGER PEOPLE, COMMUNICATION AND GOVERNANCE

46 [PCG-CM] Legal Services Register Report for the Period 1 April to 30 June 2019

363

Cr P Allsop Cr K Milne RESOLVED that Council receives and notes the Legal Services Register Report for the period 1 April to 30 June 2019. The Motion was Carried FOR VOTE - Unanimous ABSENT. DID NOT VOTE - Cr R Cooper

DELEGATE REPORTS

Nil.

REPORTS FROM SUB-COMMITTEES/WORKING GROUPS

47 [SUB-FMC] Minutes of the Floodplain Management Committee Meeting held 14 June 2019

364

Cr K Milne Cr P Allsop PROPOSED that: 1. The Minutes of the Floodplain Management Committee Meeting held 14 June 2019 be

received and noted; and 2. The Executive Leadership Team's recommendations be adopted as follows:

Business Arising: From Meeting held 2 November 2018:


2. High Hazard Flood Areas Policy and Development Controls That, given the limited availability of development land to offset Council’s Voluntary House Purchase Schemes, the Committee supports the expedient progress of the Wardrop Valley mixed use development and any other proposals on alternate flood free land. Agenda Items: 1. South Murwillumbah Floodplain Risk Management Study & Plan – Draft for

Public Exhibition That the South Murwillumbah Floodplain Risk Management Study and Plan be reported to Council with a recommendation to be placed on public exhibition.

AMENDMENT 1

365

Cr K Milne Cr C Cherry RESOLVED that: 1. The Minutes of the Floodplain Management Committee Meeting held 14 June 2019 be

received and noted; and 2. The Executive Leadership Team's recommendations be adopted as follows:

Business Arising: From Meeting held 2 November 2018: 2. High Hazard Flood Areas Policy and Development Controls That, given the limited availability of development land to offset Council’s Voluntary House Purchase Schemes, the Committee supports the expedient progress of the Wardrop Valley mixed use development and any other proposals on alternate flood free land. Agenda Items: 1. South Murwillumbah Floodplain Risk Management Study & Plan – Draft for

Public Exhibition That the South Murwillumbah Floodplain Risk Management Study and Plan be reported to Council with a recommendation to be placed on public exhibition.

3. The Floodplain Management Committee be requested to consider installing flood

markers for 0.2% and/or 0.1% flood events in a couple of selected locations, e.g. Murwillumbah and Boyds Bay Bridges.


FOR VOTE - Cr C Milne, Cr C Cherry, Cr R Byrnes AGAINST VOTE - Cr W Polglase, Cr J Owen, Cr P Allsop ABSENT. DID NOT VOTE - Cr R Cooper The Amendment 1 was Carried on the Casting Vote of the Mayor. FOR VOTE - Cr C Milne, Cr C Cherry, Cr R Byrnes AGAINST VOTE - Cr W Polglase, Cr J Owen, Cr P Allsop ABSENT. DID NOT VOTE - Cr R Cooper The Amendment 1 on becoming the Motion was Carried on the Casting Vote of the Mayor (Minute No 365 refers).

48 [SUB-EAC] Minutes of the Equal Access Advisory Committee Meeting held Wednesday 19 June 2019

366

Cr P Allsop Cr K Milne RESOLVED that the Minutes of the Equal Access Advisory Committee Meeting held Wednesday 19 June 2019 be received and noted. The Motion was Carried FOR VOTE - Unanimous ABSENT. DID NOT VOTE - Cr R Cooper

49 [SUB-LTC] Minutes of the Local Traffic Committee Meeting held Thursday 25 July 2019

ALTERNATE MOTION

367

Cr K Milne Cr P Allsop RESOLVED that: 1. The Minutes of the Local Traffic Committee held Thursday 25 July 2019 be received and

noted and 2. The Executive Leadership Team's recommendations be adopted as follows:


A1 [LTC] Riverside Drive and Tweed Valley Way, Tumbulgum That: 1. The application under the Federal Black Spot Program to upgrade the intersection

of Riverside Drive (north) with Tweed Valley Way which would include the installation of a separated northbound slip lane into Riverside Drive, similar to that provided at the Riverside Drive (south) intersection with Tweed Valley Way. Improvements would also be undertaken to separate vehicles turning left at the intersection heading northbound onto Tweed Valley Way.

2. The closure of the Tweed Valley Way access to the Tumbulgum Farmers Markets

to improve safety at the intersection. 3. A review of the speed limit on Tweed Valley Way in the vicinity of the Riverside

Drive intersections and a review of mobile speed camera locations by the RMS. 4. Officers improve signage on Riverside Drive to advise motorists that they are

approaching a 100km/h road. 5. Improved 'Intersection Ahead' signage be installed on Tweed Valley Way on the

approaches to Riverside Drive north. A2 [LTC] Uniting Preschool - Byangum Road Murwillumbah

That: 1. The existing 2P during business hours signage on Murwillumbah Street,

adjacent to the Uniting Church Child Care Centre, be changed to 10 minute parking during school zone times.

2. Advice be provided to Mt St Patrick's Primary and High Schools of the

changed signage at the Uniting Church Child Care Centre and the associated reasons for the changes.

A3 [LTC] Twin Towns Triathlon 2019-2020

That the proposed Twin Towns Triathlon Club 2019-2020 Season be supported, subject to: 1. NSW Police approval being obtained. 2. Endorsement of the event by Bicycle NSW. 3. Conformance with a Traffic Management Plan and associated Traffic Control

Plans implemented and controlled by Roads & Maritime Services accredited persons.

4. Community and affected business consultation addressing raised concerns including a letterbox drop to directly affected residents.

5. The event organiser notifies Tweed residents of the impact of their event by advertising in the Tweed Link at their expense a minimum of one week prior to the operational impacts taking effect. The advertising must include the


event name, specifics of any traffic impacts or road closures and times, alternative route arrangements, event organiser, a personal contact name and a telephone number for all event related enquiries or complaints.

6. Consultation with bus and taxi operators and arrangements made for provision of services during conduct of the event.

7. Adequate public liability insurance being held by the event organiser. 8. All signage erected for the event to not cause a hazard for motorists or

pedestrians and be removed immediately following the completion of the event.

9. Consultation with emergency services and any identified issues addressed. 10. Arrangements made for private property access and egress affected by the

event. 11. That the applicant organise for the event to be listed on Council's Calendar of

Events web page. Go to www.tweed.nsw.gov.au and select Our Community/Festivals Events and Filming/Calendar of Events and access the Calendar of Events site to upload the event details.

12. The submission and approval of a Community Event application/Major Event application and compliance with any conditions imposed therein.

13. The event be conducted and signposted (where applicable this supersedes signposting in accordance with RMS Guide to Traffic Control at Worksites) in accordance with the current RMS Guidelines for Bicycle Road Races to ensure consistency across the network.

14. The event organiser is to ensure that any proposed roads or pathways used for the event have been assessed and are fit for purpose.

A5 [LTC] Kingscliff Triathlon 24 November 2019 That the proposed Kingscliff Triathlon on Sunday 24 November 2019 be supported, subject to: 1. NSW Police approval being obtained. 2. Endorsement of the event by Bicycle NSW. 3. Conformance with a Traffic Management Plan and associated Traffic Control

Plans implemented and controlled by Roads & Maritime Services accredited persons.

4. Community and affected business consultation addressing raised concerns including a letterbox drop to directly affected residents.

5. The event organiser notifies Tweed residents of the impact of their event by advertising in the Tweed Link at their expense a minimum of one week prior to the operational impacts taking effect. The advertising must include the event name, specifics of any traffic impacts or road closures and times, alternative route arrangements, event organiser, a personal contact name and a telephone number for all event related enquiries or complaints.

6. Consultation with bus and taxi operators and arrangements made for provision of services during conduct of the event.

7. Adequate public liability insurance being held by the event organiser. 8. All signage erected for the event to not cause a hazard for motorists or

pedestrians and be removed immediately following the completion of the event.

9. Consultation with emergency services and any identified issues addressed.


10. Arrangements made for private property access and egress affected by the event.

11. That the applicant organise for the event to be listed on Council's Calendar of Events web page. Go to www.tweed.nsw.gov.au and select Our Community/Festivals Events and Filming/Calendar of Events and access the Calendar of Events site to upload the event details.

12. The submission and approval of a Community Event application/Major Event application and compliance with any conditions imposed therein.

13. The event be conducted and signposted (where applicable this supersedes signposting in accordance with RMS Guide to Traffic Control at Worksites) in accordance with the current RMS Guidelines for Bicycle Road Races to ensure consistency across the network.

14. Endorsement of the event by the Kingscliff Chamber of Commerce. 15. A report be provided to Council, by the event organiser, within 2 weeks of

conduct of the event, showing compliance with the above conditions. The Motion was Carried FOR VOTE - Unanimous ABSENT. DID NOT VOTE - Cr R Cooper

ADDENDUM ITEMS

50 ADDENDUM [E-CM] RFO2019032 Panel for the Supply of Professional Services

368

Cr P Allsop Cr K Milne RESOLVED that, in respect to Contract RFO219032 Panel for the Supply of Professional Services: 1. Council appoints the recommended Bidders, as listed in the report, to the panel for the

relevant categories over the next two years for the Schedules of Rates submitted. 2. The General Manager be granted delegated authority to approve appropriately deemed

variations to the contract and those variations be reported to Council at finalisation of the contract.

3. The General Manager be granted delegated authority to extend the contract up to 12

months. 4. ATTACHMENTS 1 and 2 are CONFIDENTIAL in accordance with Section 10A(2) of the

Local Government Act 1993, because it contains:- (d) commercial information of a confidential nature that would, if disclosed:




51 ADDENDUM [FRIT-CM] Monthly Investment Report for Period ending 31 July 2019

369

Cr P Allsop Cr K Milne RESOLVED that in accordance with Section 625 of the Local Government Act 1993 the monthly investment report as at period ending 31 July 2019 totalling $348,290,078 be received and noted. The Motion was Carried FOR VOTE - Unanimous ABSENT. DID NOT VOTE - Cr R Cooper

LATE ITEMS

52 LATE [PR-CM] Development Application DA18/0478 for the Demolition of Existing Structures, Tree Removal, Earthworks, Construction of Dwelling and Two Swimming Pools at Lots 1 and 2 SP 17328 Nos. 1 and 2/20 Lagoon Road, Fingal Head; Lot 256 DP 755740 No. 22 Lagoon Road, Fingal Head


CONFIDENTIAL COMMITTEE EXCLUSION OF PRESS AND PUBLIC

370

Cr K Milne Cr R Byrnes

RESOLVED that Council resolves itself into a Confidential Committee in accordance with Section 10A(2) of the Local Government Act 1993 (as amended) and that the press and public be excluded from the whole of the Committee Meeting, because, in the opinion of the Committee, publicity of the proceedings of the Committee would be prejudicial to the public interest, by reasons of the confidential nature of the business to be transacted.


The Motion was Carried FOR VOTE - Unanimous

REPRESENTATIONS FOR ITEMS CONSIDERED IN COMMITTEE

Nil.

CONFIDENTIAL MATTERS

The General Manager reported that the Confidential Committee had excluded the press and public from the whole of the Committee Meeting because, in the opinion of the Committee, publicity of the proceedings of the Committee would be prejudicial to the public interest, by reason of the confidential nature of the business to be transacted, and made the following recommendations to Council:-

REPORTS THROUGH THE GENERAL MANAGER IN COMMITTEE

REPORTS FROM THE DIRECTOR PLANNING AND REGULATION IN COMMITTEE

C1 [PR-CM] Short Term Rental Accommodation - Update on Compliance Actions for Alleged Unauthorised Short Term Rental Accommodation - 18/83 Gollan Drive, Tweed Heads West

REASON FOR CONFIDENTIALITY:

Includes information of a confidential nature that may be an advantage. Local Government Act This report is CONFIDENTIAL in accordance with Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following: (e) information that would, if disclosed, prejudice the maintenance of law

C 83

That: 1. Council, in respect of an alleged unauthorised short term holiday let use relating to the

premises, Unit 18, No. 83 Gollan Drive, Tweed Heads endorse that: a) An Order under the Environmental Planning and Assessment Act 1979 be issued

to the property owner of this Unit, Unit 18 of 83 Gollan Drive, Tweed Heads seeking a cease of the unauthorised use; and

b) Should that Order not be complied with, instruct its Solicitors to commence

appropriate legal proceedings to have the use stopped. 2. ATTACHMENTS 1 to 11 are CONFIDENTIAL in accordance with Section 10A(2) of the

Local Government Act 1993, because it contains:- (e) information that would, if disclosed, prejudice the maintenance of law



REPORTS FROM THE DIRECTOR SUSTAINABLE COMMUNITIES AND ENVIRONMENT IN COMMITTEE

C2 [SCE-CM] Update on Proposed Amendments to Waste Collections Contract RFO0216040


This report is confidential as it involves information relating to a current contract of Council, and includes legal opinions and financial information that are commercial in nature. Local Government Act This report is CONFIDENTIAL in accordance with Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following: (c) information that would, if disclosed, confer a commercial advantage on a person with whom the

council is conducting (or proposes to conduct) business. (d) commercial information of a confidential nature that would, if disclosed:


C 84

That Council: 1. Extends the waste collection (yellow lid bins) contract (RFO2016040) for two years up

until 30 June 2022 by way of an agreed amendment to the contract, on the basis of the terms negotiated between Solo Resource Recovery and Council.

2. Enters a refund sharing agreement under the State Government Container Deposit

Scheme that would return 50% of the refund received by the Material Recovery Facility to Council for containers remaining in the yellow lid recycling bin that have been processed under the contract.



C3 [SCE-CM] Purchase of a Relocatable Dwelling at Pottsville North Holiday Park


Contains information that may provide a commercial advantage. Local Government Act This report is CONFIDENTIAL in accordance with Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following: (d) commercial information of a confidential nature that would, if disclosed:


C 85

That Council: 1. Approves the purchase of the relocatable dwelling and associated structures located on

site LO83, Pottsville North Holiday Park, 27 Tweed Coast Road, Pottsville Beach, from Mr Len Hogg for the agreed sum of $225,000 (inclusive of GST).

2. Executes all documentation under the Common Seal of Council. The Motion was Carried FOR VOTE - Unanimous ABSENT. DID NOT VOTE - Cr R Cooper

C4 [SCE-CM] Tweed Holiday Parks Fees and Charges for the period 1 July 2020 to 30 June 2021

DECLARATION OF INTEREST Cr C Cherry declared a Non-Significant, Non-Pecuniary Interest in this item. The nature of the interest is that Cr C Cherry's family own and run a caravan park in the Shire. Cr C Cherry will manage the Interest by leaving in the Chamber during discussion and voting of the item. REASON FOR CONFIDENTIALITY:

Includes information of a confidential nature that may be an advantage. Local Government Act This report is CONFIDENTIAL in accordance with Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following: (d) commercial information of a confidential nature that would, if disclosed:



C 86

That the Tweed Holiday Parks fees and charges as detailed in this report for the period 1 July 2020 to 30 June 2021 be adopted. The Motion was Carried FOR VOTE - Unanimous ABSENT. DID NOT VOTE - Cr R Cooper

REPORTS FROM THE DIRECTOR ENGINEERING IN COMMITTEE

C5 [E-CM] Voluntary House Purchase - 2019/20 Priorities REASON FOR CONFIDENTIALITY:

This report contains reference to the personal hardship of some residents and information that may influence future purchase negotiations with landowners. Local Government Act This report is CONFIDENTIAL in accordance with Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following: - (a) personnel matters concerning particular individuals (other than councillors). (b) the personal hardship of any resident or ratepayer. (c) information that would, if disclosed, confer a commercial advantage on a person with whom the

council is conducting (or proposes to conduct) business.

C 87

That: 1. Subject to the availability of State partner funding, 2019/20 financial year Voluntary

House Purchase opportunities be pursued generally in accordance with the priority order outlined in Attachment 1.

2. Council Officers negotiate with the owner of 6082 Tweed Valley Way, Burringbar, for the

consolidation of three lots into one at the property and report back to Council with a proposed compensation solution.

3. The General Manager be granted delegation to alter priorities and make decisions based

on the outcomes of the investigation and negotiation of property purchases. The Motion was Carried FOR VOTE - Unanimous ABSENT. DID NOT VOTE - Cr R Cooper


C6 [E-CM] Dulguigan Road Heavy Vehicle Route Assessment - Preliminary Risk and Legal Advice


This report contains legal advice concerning matters of potential liability for Council. Local Government Act This report is CONFIDENTIAL in accordance with Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following: - (g) advice concerning litigation, or advice that would otherwise be privileged from production in legal

proceedings on the ground of legal professional privilege. ALTERNATE MOTION

C 88

That Council: 1. Notes and accepts the preliminary risk and legal advice provided by Mills Oakley

regarding the Heavy Vehicle Route Assessment for Dulguigan Road. 2. Provides advice to the Tumbulgum Community Association limited to the

recommendations of the preliminary risk and legal advice by Mills Oakley regarding the Heavy Vehicle Route Assessment for Dulguigan Road and the commentary provided within this report on those recommendations

3. In accordance with the Recommendations made in the Mills Oakley Advice:

a) Obtains peer review from RoadNet regarding road or travel conditions for Dulguigan Road, which could be imposed to avoid or significantly minimise the risks identified in the Heavy Vehicle Route Assessment based on options prepared by Council's Design Unit.

b) Requests the consultant to provide further information detailing the maximum

length vehicle which can safely negotiate each intersection on the relevant section of Dulguigan Road.

c) Provides a copy of the Heavy Vehicle Route Assessment for Dulguigan Road to

the Heavy Vehicle Regulator. The Motion was Carried. FOR VOTE - Cr C Milne, Cr C Cherry, Cr W Polglase, Cr J Owen, Cr R Byrnes AGAINST VOTE - Cr P Allsop ABSENT. DID NOT VOTE - Cr R Cooper


C7 [E-CM] Air Space Lease - Turnock Street, Kingscliff REASON FOR CONFIDENTIALITY:

This report details financial negotiations and should not be disclosed to the public. Local Government Act This report is CONFIDENTIAL in accordance with Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following: - (c) information that would, if disclosed, confer a commercial advantage on a person with whom the

council is conducting (or proposes to conduct) business.

C 91

That Council: 1. Adopts the rental as set out in Option 1 in the body of the report. 2. Executes all documentation under the Common Seal of Council. The Motion was Carried FOR VOTE - Unanimous ABSENT. DID NOT VOTE - Cr R Cooper

371

Cr C Cherry Cr K Milne RESOLVED that the recommendations of the Confidential Committee be adopted. The Motion was Carried FOR VOTE - Unanimous ABSENT. DID NOT VOTE - Cr R Cooper There being no further business the Meeting terminated at 10.15pm

Minutes of Meeting Confirmed by Council at the Meeting held on

xxx

Chairman

Mayor: Cr K Milne Councillors: P Allsop R Byrnes C Cherry ...€¦ · 1. Council has not provided...

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