TAMWORTH REGIONAL COUNCIL
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TAMWORTH REGIONAL
COUNCIL
Notice is hereby given, in accordance with the provisions of the Local Government Act
1993, that a Meeting of Tamworth Regional Council will be held in the Council
Chambers, 4th Floor Ray Walsh House, 437 Peel Street, Tamworth, commencing
at 6:30pm.
ORDINARY COUNCIL AGENDA
28 AUGUST 2018
PAUL BENNETT
GENERAL MANAGER
Tamworth Regional Council – Ordinary Council – 28 August 2018
Order of Business
ITEM SUBJECT PAGE NO
1 APOLOGIES AND LEAVE OF ABSENCE ................................................................... 5
2 COMMUNITY CONSULTATION................................................................................... 5
3 MINUTES OF PREVIOUS MEETING SUBMITTED FOR APPROVAL ......................... 5
4 DISCLOSURE OF INTEREST ...................................................................................... 5
5 MAYORAL MINUTE ..................................................................................................... 5
6 NOTICE OF MOTION ................................................................................................... 5
OPEN COUNCIL REPORTS 5
7 ENVIRONMENT AND PLANNING ............................................................................... 5
7.1 KING GEORGE V AVENUE W ORKING GROUP - MEETING NO. 4 - MINUTES 23 MAY
2018 .................................................................................................................... 5
1 ENCLOSURES ENCLOSED
7.2 PLANNING PROPOSAL TO LIST THE EXISTING BUILDING ON LOT 120 DP 1069031, 30-
32 DARLING STREET, NORTH TAMWORTH, AS AN ITEM OF LOCAL HERITAGE
SIGNIFICANCE UNDER SCHEDULE 5 ENVIRONMENTAL HERITAGE OF THE TAMWORTH
REGIONAL LOCAL ENVIRONMENTAL PLAN 2010 ....................................................... 7
3 ANNEXURES ATTACHED
7.3 AMENDMENT TO THE TAMWORTH REGIONAL LOCAL ENVIRONMENTAL PLAN 2010 -
PLANNING PROPOSAL FOR OAKLANDS ESTATE, LOT 18 DP 1199163 OAKLANDS
DRIVE, NEMINGHA ................................................................................................. 9
3 ANNEXURES ATTACHED
2 CONFIDENTIAL ENCLOSURES ENCLOSED
8 INFRASTRUCTURE AND SERVICES ....................................................................... 13
8.1 PROPOSED APPOINTMENT AS CROWN LAND MANAGER, BRADY PARK, MANILLA ...... 13
1 ANNEXURES ATTACHED
8.2 TAMWORTH REGIONAL LOCAL TRAFFIC COMMITTEE GENERAL MEETING MINUTES – 1
AUGUST 2018 ..................................................................................................... 14
4 ANNEXURES ATTACHED
8.3 WASTE SUSTAINABILITY SIX MONTHLY REPORT .................................................... 16
9 GOVERNANCE, STRATEGY AND FINANCE ............................................................ 21
9.1 RENEWAL OF TAMWORTH REGIONAL ALCOHOL FREE ZONES ................................. 21
9.2 COUNCIL INVESTMENTS JULY 2018....................................................................... 30
1 ANNEXURES ATTACHED
9.3 DOLLY PARTON'S IMAGINATION LIBRARY PROJECT ................................................ 32
2 ANNEXURES ATTACHED
Page i
Tamworth Regional Council – Ordinary Council – 28 August 2018
9.4 MUSIC CITIES CONVENTION AND ECONOMIC DEVELOPMENT RESEARCH ................. 35
1 ANNEXURES ATTACHED
9.5 REQUEST FOR FEE W AIVER FOR THE BLACK TIE POLO FOR DROUGHT AID EVENT ... 38
1 ANNEXURES ATTACHED
1 CONFIDENTIAL ENCLOSURES ENCLOSED
9.6 TAMWORTH REGIONAL COUNCIL 2017/2018 ANNUAL OPERATIONAL PLAN PROGESS
REPORT 1 APRIL 2018 TO 30 JUNE 2018 .............................................................. 39
1 ANNEXURES ATTACHED
9.7 REQUEST FOR SPONSORSHIP OF THE TAMWORTH PASTORAL AND AGRICULTURAL
ASSOCIATION SHOW 2018 ................................................................................... 40
1 ANNEXURES ATTACHED
1 CONFIDENTIAL ENCLOSURES ENCLOSED
9.8 AUDIT, RISK AND IMPROVEMENT COMMITTEE ........................................................ 42
1 ENCLOSURES ENCLOSED
9.9 NATIONAL LOCAL ROADS AND TRANSPORT CONGRESS 2018 ................................. 42
1 ANNEXURES ATTACHED
10 COMMUNITY SERVICES ........................................................................................... 43
10.1 TAMWORTH REGIONAL MUSEUMS STRATEGIC PLAN AND THE AUSTRALIAN COUNTRY
MUSIC HALL OF FAME FORWARD PLAN ................................................................. 43
1 ANNEXURES ATTACHED
1 CONFIDENTIAL ENCLOSURES ENCLOSED
10.2 COMMUNITY PARTNERSHIP - W ESTS TIGERS ......................................................... 46
11 REPORTS FROM DELEGATES ................................................................................ 48
12 QUESTIONS ON NOTICE .......................................................................................... 48
13 REPORTS TO BE CONSIDERED IN CLOSED COUNCIL ......................................... 48
13.1 LEASE TO TELSTRA FOR TELECOMMUNICATIONS PURPOSES .................................. 49
13.2 REQUEST FOR GRANT OF EASEMENT OVER COUNCIL LAND - WISE STREET
TAMWORTH ......................................................................................................... 49
13.3 EXPRESSION OF INTEREST QUEEN OF COUNTRY MUSIC QUEST ............................. 49
13.4 TENDER T145/2018 - NUMBER ONE OVAL, BICENTENNIAL PARK AND REGIONAL
PLAYGROUND PRECINCT - GROUNDWATER IRRIGATION SYSTEM ............................ 50
Page ii
Tamworth Regional Council – Ordinary Council – 28 August 2018
Council
nd th
Meeting Date: 2 and 4 Tuesday of the month commencing at 6:30pm.
Matters determined by Ordinary meetings will include all those non-delegable functions identified in Section 377 of the Local
Government Act as follows:
“the appointment of a general manager
the making of a rate
a determination under section 549 as to the levying of a rate
the making of a charge
the fixing of a fee
the borrowing of money
the voting of money for expenditure on its works, services or operations
the compulsory acquisition, purchase, sale, exchange or surrender of any land or other property (but not
including the sale of items of plant or equipment)
the acceptance of tenders which are required under this Act to be invited by the council
the adoption of an operational plan under section 405
the adoption of a financial statement included in an annual financial report
a decision to classify or reclassify public land under Division 1 of Part 2 of Chapter 6
the fixing of an amount or rate for the carrying out by the council of work on private land
the decision to carry out work on private land for an amount that is less than the amount or rate fixed by the
council for the carrying out of any such work
the review of a determination made by the council, and not by a delegate of the council, of an application for
approval or an application that may be reviewed under section 82A of the Environmental Planning and
Assessment Act 1979
the power of the council to authorise the use of reasonable force for the purpose of gaining entry to premises
under section 194
a decision under section 356 to contribute money or otherwise grant financial assistance to persons
the making of an application, or the giving of a notice, to the Governor or Minister
this power of delegation
any function under this or any other Act that is expressly required to be exercised by resolution of the council.”
Other matters and functions determined by Ordinary Council Meetings will include:
Notices of Motion
Notices of Motion of Rescission
Council Elections, Polls, Constitutional Referendums and Public Hearings/Inquiries
Ministerial Committees and Inquiries
Mayor and Councillors Annual Fees
Payment of Expenses and Provision of Facilities to Mayor and Councillors
Local Government Remuneration Tribunal
Local Government Boundaries
NSW Ombudsman
Administrative Decisions Tribunal
Delegation of Functions by the Minister
Delegation of Functions to General Manager and Principal Committees
Organisation Structure
Code of Conduct
Code of Meeting Practice
Honesty and Disclosure of Interests
Access to Information
Protection of Privacy
Enforcement Functions (statutory breaches/prosecutions/recovery of rates)
Dispute Resolution
Council Land and Property Development
Annual Financial Reports, Auditors Reports, Annual Reports and Statement of the Environment Reports
Performance of the General Manager
Equal Employment Opportunity
Powers of Entry
Liability and Insurance
Membership of Organisations
Membership: All Councillors
Quorum: Five members
Chairperson: The Mayor
Deputy Chairperson: The Deputy Mayor
Page 3
Tamworth Regional Council – Ordinary Council – 28 August 2018
Community Consultation Policy
The first 30 minutes of Open Council Meetings is available for members of the Public to address the
Council Meeting or submit questions either verbally or in writing, on matters INCLUDED in the Business
Paper for the Meeting.
Members of the public will be permitted a maximum of three minutes to address the Council Meeting.
An extension of time may be granted if deemed necessary.
Members of the public seeking to represent or speak on behalf of a third party must satisfy the Council
or Committee Meeting that he or she has the authority to represent or speak on behalf of the third party.
Members of the public wishing to address Council Meetings are requested to contact Council either by
telephone, in person or online prior to 4:30pm the day of the Meeting to address the Council Meeting.
Persons not registered to speak will not be able to address Council at the Meeting.
Council will only permit three speakers in support and three speakers in opposition to a recommendation
contained in the Business Paper. If there are more than three speakers, Council’s Governance division
will contact all registered speakers to determine who will address Council. In relation to a Development
Application, the applicant will be reserved a position to speak.
Members of the public will not be permitted to raise matters or provide information which involves:
personnel matters concerning particular individuals (other than Councillors);
personal hardship of any resident or ratepayer;
information that would, if disclosed confer a commercial advantage on a person with whom
Council is conducting (or proposes to conduct) business;
Commercial information of a confidential nature that would, if disclosed:
- prejudice the commercial position of the person who supplied it, or
- confer a commercial advantage on a competitor of the Council; or
- reveal a trade secret;
information that would, if disclosed prejudice the maintenance of law;
matters affecting the security of the Council, Councillors, Council staff or Council property;
advice concerning litigation or advice that would otherwise be privileged form production in legal
proceedings on the ground of legal professional privilege;
information concerning the nature and location of a place or an item of Aboriginal significance on
community land;
alleged contraventions of any Code of Conduct requirements applicable under Section440; or
on balance, be contrary to the public interest.
Members of the public will not be permitted to use Community Consultation to abuse, vilify, insult,
threaten, intimidate or harass Councillors, Council staff or other members of the public. Conduct of this
nature will be deemed to be an act of disorder and the person engaging in such behaviour will be ruled
out of the order and may be expelled.
Disclosure of Political Donations or Gifts
If you have made a relevant planning application to Council which is listed for determination on the
Council Business Paper you must disclose any political donation or gift made to any councillor or
employee of the Council within the period commencing two years before the application is made and
ending when the application is determined (Section 147(4) Environmental Planning and Assessment Act
1979).
If you have made a relevant public submission to Council in relation to a relevant planning application
which is listed for determination on the Council Business Paper you must disclose any political donation
or gifts made to any councillor or employee of the Council by you as the person making the submission
or any associate within the period commencing two years before the submission is made and ending
when the application is determined (Section 147(5) Environmental Planning and Assessment Act 1979).
Page 4
Tamworth Regional Council – Ordinary Council – 28 August 2018
AGENDA
1 APOLOGIES AND LEAVE OF ABSENCE
2 COMMUNITY CONSULTATION
3 MINUTES OF PREVIOUS MEETING SUBMITTED FOR
APPROVAL
RECOMMENDATION
That the Minutes of the Ordinary Meeting held on Tuesday, 14 August 2018, copies of
which were circulated, be taken as read and confirmed as a correct record of the
proceedings of the Meeting.
4 DISCLOSURE OF INTEREST
Pecuniary Interest
Non Pecuniary Conflict of Interest
Political Donations
5 MAYORAL MINUTE
Nil
6 NOTICE OF MOTION
Nil
OPEN COUNCIL REPORTS
7 ENVIRONMENT AND PLANNING
7.1 KING GEORGE V AVENUE WORKING GROUP - MEETING NO. 4 - MINUTES 23 MAY
2018 – FILE NO SF8127
DIRECTORATE: PLANNING AND COMPLIANCE
AUTHOR: Nathan Bartlett, Strategic Planner
1 ENCLOSURES ENCLOSED
RECOMMENDATION
That in relation to the report “King George V Avenue Working Group – Meeting No. 4 -
Minutes 23 May 2018”, Council receive and note the Minutes of the Meeting.
SUMMARY
The purpose of this report is to provide information on the operation and activities of the King
George V Avenue Working Group (KGVAWG) up to 30 June 2018.
Page 5
Tamworth Regional Council – Ordinary Council – 28 August 2018
COMMENTARY
The fourth meeting of the King George V Avenue Working Group (KGVAWG) was held on 23
May 2018. The Minutes of the meeting are ENCLOSED, refer ENCLOSURE 1.
A draft copy of the meeting Minutes were distributed to the Group members for their
information prior to being reported to Council.
Update on Maintenance and Replanting of Trees in the Avenue:
An update was provided regarding the maintenance and replanting of the trees in King
George V Avenue Oak trees. The Group were informed that the twenty 100L English Oak
(Quercus robur) trees, planted in July 2017, had been watered and mulched throughout the
summer and autumn period and were doing well.
Tree Procurement and Replacement Process for 2018:
The Strategic Planning Manager provided an update on the next steps in the replacement
process for 2018. The Group were informed that Council had pre-ordered 60 English Oak
trees, similar in size to those planted last year, for planting in in 2018. The Group discussed
the proposed locations for planting.
The Group identified that a diagram of suggested locations for tree planting should be
distributed for review prior to the next KGVAWG meeting.
Condition Assessment of Trees in the Former Crown Road Reserve Adjoining KGVA:
The Manager Strategic Planning detailed the outcome of the condition assessment of the
trees in the secondary avenue/road reserve. Comments were sought from KGVAWG in
relation to this report. However, due to the insufficient number of community members
present at the meeting it was agreed to defer the discussion until the all Group members
were available.
Proposed Historical Signage in King George V Avenue:
A Working Group member identified that historical signage was used to promote the Grower
Markets in the Park at the start of King George V Avenue and suggested signage should be
established on a permanent basis. The Group discussed this suggestion and it was agreed
that there would need to be extensive consultation with a range of stakeholders as part of
this proposal.
Irrigation for King George V Avenue English Oak Trees:
A Working Group member requested that irrigation options for the Oak trees be discussed. It
was confirmed that the Horticulture and Arboriculture Specialist from Council’s Sports and
Recreation Division had been looking into the options and these will be discussed at the next
meeting.
(a) Policy Implications
Nil
(b) Financial Implications
The English Oak trees have been purchased from a combination of grant funding
(received to assist with the implementation of the Conservation Management Plan) and
matching funding from Council’s 2017/18 budget.
Page 6
Tamworth Regional Council – Ordinary Council – 28 August 2018
(c) Legal Implications
Nil
(d) Community Consultation
Nil
7.2 PLANNING PROPOSAL TO LIST THE EXISTING BUILDING ON LOT 120 DP 1069031,
30-32 DARLING STREET, NORTH TAMWORTH, AS AN ITEM OF LOCAL HERITAGE
SIGNIFICANCE UNDER SCHEDULE 5 ENVIRONMENTAL HERITAGE OF THE TAMWORTH
REGIONAL LOCAL ENVIRONMENTAL PLAN 2010 – FILE NO SF8553
DIRECTORATE: PLANNING AND COMPLIANCE
AUTHOR: Nathan Bartlett, Strategic Planner
Reference: Item 7.1 to Ordinary Council 13 March 2018 - Minute No 74/18
3 ANNEXURES ATTACHED
RECOMMENDATION
That in relation to the report “Planning Proposal to List the Existing Building on Lot
120 DP 1069031, 30-32 Darling Street, North Tamworth, as an Item of Local Heritage
Significance under Schedule 5 Environmental Heritage of the Tamworth Regional
Local Environmental Plan 2010”, Council amend the TRLEP 2010 accordingly, under
delegated authority by the Minister for Planning and Environment.
SUMMARY
This report recommends that Council amend, under delegated authority, the Tamworth
Regional Local Environmental Plan 2010, in relation to the parcel of land identified as Lot
120 DP 1069031, 30-32 Darling Street, North Tamworth. This will allow the existing dwelling
to be listed as an item of local heritage significance.
COMMENTARY
Council, at its Ordinary Meeting held 13 March 2018, provided a report concerning a
proposed amendment to the Tamworth Regional Local Environmental Plan 2010 (TRLEP
2010). At the Meeting, it was recommended that the planning proposal be referred to the
Department of Planning and Environment for a Gateway determination in accordance with
Section 3.34 of the Environmental Planning and Assessment Act 1979 (the Act), to initiate
the process. Council also forwarded a letter to the Department of Planning and Environment
requesting planning delegations under Section 3.36 of the Act. Having been authorised by
the Minister in this case, Council assumes all plan-making functions of the Minister under the
Act and is able to finalise this amendment to the TRLEP 2010.
The subject land is identified as Lot 120 DP 1069031, 30-32 Darling Street, North Tamworth,
as highlighted on the ATTACHED Site Map, refer ANNEXURE 1. The site is zoned R1 -
General Residential, and the primary aim of this site specific amendment of the TRLEP 2010,
is to list the existing building as an item of local heritage significance under Schedule 5 -
Environmental Heritage. A map depicting the proposed heritage listing is ATTACHED, refer
ANNEXURE 2.
The proposal was approved by the Department of Planning and Environment on 12 June
2018, to proceed to the public consultation phase. As previously identified, Council also
Page 7
Tamworth Regional Council – Ordinary Council – 28 August 2018
received authorisation to exercise the functions of the Minister for Planning and Environment
under Section 3.36 of the Act to finalise the Planning Proposal, subject to the following
conditions:
community consultation be undertaken under Sections 3.34(2)(c) and Schedule 1
Clause 4 of the Act;
consultation is required with the Office of Environment and Heritage - Heritage Branch
under section 3.34(2)(d) of the Act; and
completion of the TRLEP 2010, within nine months following the date of the Gateway
determination.
Community Consultation
Community Consultation was undertaken pursuant to Schedule 1 Clause 4 of the Act for a
period of 15 days. The Planning Proposal was publicly exhibited from Monday, 25 June
2018 to Monday, 9 July 2018. During the public exhibition period, copies of the Planning
Proposal were made available for viewing at Ray Walsh House and Council’s website. The
Planning Proposal was also advertised in the Northern Daily Leader and adjoining
neighbours were notified. Council did not receive any submissions during or after exhibition
of the Planning Proposal.
Office of Environment and Heritage - Heritage Branch
The Office of Environment and Heritage - Heritage Branch provided comment and raised no
objections to the listing of the existing building as an item of local heritage significance, as
ATTACHED, refer ANNEXURE 3.
(a) Policy Implications
The Planning Proposal will result in an amendment of the Tamworth Regional Local
Environmental Plan 2010, regarding Schedule 5 Environmental Heritage.
(b) Financial Implications
Nil
(c) Legal Implications
Any potential amendment to the TRLEP 2010, would change the legal planning
controls for the affected land.
(d) Community Consultation
The proposed listing of Lot 120, DP 1069031 as an item of Local Heritage Significance
was subject to formal community consultation. The report identifies that community
consultation has been undertaken via the public exhibition of the Planning Proposal for
a period of 15 days from Monday, 25 June 2018 to Monday, 9 July 2018.
Page 8
Tamworth Regional Council – Ordinary Council – 28 August 2018
7.3 AMENDMENT TO THE TAMWORTH REGIONAL LOCAL ENVIRONMENTAL PLAN 2010 -
PLANNING PROPOSAL FOR OAKLANDS ESTATE, LOT 18 DP 1199163 OAKLANDS
DRIVE, NEMINGHA – FILE NO SF8166
DIRECTORATE: PLANNING AND COMPLIANCE
AUTHOR: Megan Purkiss, Strategic Planner
Reference: Item 7.8 to Ordinary Council 12 December 2017 - Minute No
426/17
3 ANNEXURES ATTACHED
2 CONFIDENTIAL ENCLOSURES ENCLOSED
RECOMMENDATION
That in relation to the report “Amendment to the Tamworth Regional Local
Environmental Plan 2010 – Planning Proposal for Oaklands Estate, Lot 18 DP 1199163
Oaklands Drive, Nemingha”, Council determine not to make the plan in accordance
with section 3.36(2)(b) of the Environmental Planning and Assessment Act 1979.
SUMMARY
It is recommended that Council does not make the plan relating to the proposed amendment
to the Tamworth Regional Local Environmental Plan 2010, to reduce the minimum lot size of
Lot 18 DP 1199163 Oaklands Drive, Nemingha in accordance with clause 3.36 of the
Environmental Planning and Assessment Act 1979.
This report outlines the justification for the recommendation, and details the outcome of the
community consultation process.
COMMENTARY
Site Description
The subject site is zoned part R5 – Large Lot Residential, part RU1 – Primary Production
and part E3 Environmental Management pursuant to the Tamworth Regional Local
Environmental Plan 2010 (TRLEP 2010). The aim of the Planning Proposal is to reduce the
minimum lot size (MLS) for 38.9 hectares of land within the R5 zone from 2 hectares (Z) to 1
hectare (Y). The land is located in the southern portion of Lot 18 DP 1199163, adjoining the
lots that were created in earlier stages.
The proposed MLS and zone map are ATTACHED, refer ANNEXURES 1 and 2.
Background
At the Ordinary Meeting held on 12 December 2017, Council resolved to forward the
Planning Proposal to the Minister of Planning and Environment seeking a Gateway
Determination to facilitate a change to the minimum lot size.
A Gateway Determination was received from the Department of Planning and Environment
on 27 February 2018, which required Council to undertake a community consultation process
pursuant to Section 3.4 of the Environmental Planning and Assessment Act (Act) 1979.
Consultation was also required to be undertaken with the NSW Department of Primary
Industries - Water, Office of Environment and Heritage and NSW Rural Fire Service.
Council was granted Delegated Authority by the Minister of Planning and Environment under
Section 3.36 of the Act to amend the TRLEP 2010.
Page 9Tamworth Regional Council – Ordinary Council – 28 August 2018
Justification for Recommendation
The proposal to change the minimum lot size is not supported because it is inconsistent with
Council’s long term planning for this locality. Further, the recommendation is based on the
availability of infrastructure, in particular water, as the Nundle Road water pipeline has limited
capacity.
The current Tamworth Water Strategy has the planned future pressure in the Nundle Road
pipeline capped at its present level, and this limits the total number of connections available
from that pipeline. Reducing the minimum lot size of properties which would connect to the
Nundle Road pipeline will result in an increase in the number of properties which would need
to connect to the pipeline. Given the limitations on pressure and flow in the Nundle Road
pipeline, an increase in the number of possible water connections cannot be accommodated
by the Water Supply System. Therefore, any increase to the number of lots would
compromise the existing water supply.
Investigations relating to the servicing of lands with smaller minimum lot sizes other than
those currently prescribed by the TRLEP 2010, along the Nundle Road, have been
undertaken in the past by Council officers. The results have concluded that that the locality
is not suitable to cater for the intensification of development due to environmental and
infrastructure constraints.
For this reason, Council has not identified this location in any future infrastructure or
development strategies for the lands located along the Nundle Road. Nor has the subject
site been identified for smaller lot residential development within the New England North
West Regional Plan 2036. On this basis, it is recommended that Council not make the plan.
Public Exhibition and Community Consultation
On the 18 November 2016, (prior to the exhibition period), the applicant Mitchel Hanlon
Consulting Pty Ltd conducted an informal meeting at Oaklands Estate with residents. A
number of issues were raised by the residents and subsequently addressed in the
documentation prepared to accompany the Planning Proposal.
Community consultation was also undertaken by Council pursuant to Section 3.34 of the Act,
with a 28 day exhibition period from 18 June to 16 July 2018.
During the public exhibition period, copies of the Planning Proposal and associated
attachments were available on Council’s website. Displays containing the information were
placed in Council’s Customer Services Centre at Ray Walsh House in Tamworth. The
Planning Proposal was also advertised in the Northern Daily Leader and placed on social
media sites. Adjoining neighbours and those within the immediate vicinity of the subject site
were also notified.
Public Authority Feedback
Council sought and obtained feedback from the public authorities as instructed by the
Department of Planning and Environment as a requirement of the Gateway Determination. A
copy of the agency submissions are ENCLOSED, refer CONFIDENTIAL ENCLOSURE 1.
No public authority raised any objection to the proposed lot size change.
Submissions from Community Members
Council received 12 submissions and one petition with 18 signatures in response to the
proposal. The petition was also attached to five of the submissions received. A copy of the
submissions are ENCLOSED, refer CONFIDENTIAL ENCLOSURE 2, and a comprehensive
Page 10Tamworth Regional Council – Ordinary Council – 28 August 2018
summary of the issues from submissions raised during the community consultation process
and public exhibition period are ATTACHED, refer ANNEXURE 3.
A list of the key issues raised, including commentary from Council staff is included below:
Water Infrastructure: The potential for impact on the existing trickle feed water supply
infrastructure should a decrease in lot size and increase in lot yield occur.
Response: As discussed previously in this report, the current Tamworth Water Strategy has
the planned future pressure in the Nundle Road pipeline capped at its present level, and this
limits the total number of connections available from that pipeline.
Stormwater Drainage: The potential for increased runoff from the catchment throughout the
Estate resulting from increase in allotment density and potential impact on existing drainage
infrastructure.
Response: The proposed Oakland Estate Stage 3 would require a stormwater strategy,
together with the previous drainage calculations for Stages 1 and 2 if the Planning Proposal
were to progress and a development application lodged. It should be noted that the proposal
for Stage 3 crosses a major natural drainage channel. In order to direct the upslope overland
flows through the proposed Stage 3, a number of lots would be compromised.
The culvert that would be required to convey overland flows under the extension of Oakland
Drive would be significant due to the upslope catchment area. A portion of the upslope flows
would need to be concentrated to manage the flows through proposed lots and require
channels through properties.
Traffic Management: The potential for an increase in traffic volumes and generation of noise
as a result of the decrease in minimum lot size, adding to existing traffic numbers within the
area and impacting upon safety of local pedestrians.
Response: It is estimated that Stage 3 of the subdivision would comprise up to 28 residential
allotments. The previous approval for Stage 3 of the development (DA0193/2010) provided
for 17 lots.
The consent for Stages 1 and 2 of the development included approval for 23 rural residential
allotments, of which only 17 were constructed. The revised proposal for Stage 3
incorporates an area previously encompassing six lots. This proposal results in an increase
of five lots over that previously assessed and approved.
New England North West Regional Plan 2036: There is support for the fact that new housing
is required to meet population growth. It is considered however, that future development will
cause an increased demand for services.
Response: The New England North West Plan 2036, provides a framework for future
development within this region by managing emerging opportunities and supporting growth
and change by guiding land use planning priorities, including infrastructure decisions.
Oaklands Estate area has not been identified as one of Tamworth’s Growth Precincts to
support future long term residential development.
Residual Conservation Area: Minimal details have been provided regarding the protection and
management of the residual environmental lands. The lands on the eastern boundary of the
Oaklands Estate is utilised for cattle breeding purposes.
Response: The site is constrained by vegetation to the north and the introduction and
application of environmental legislation by both the State and Federal Governments. It is
proposed that the residual lands would be managed by the existing property owners to
accommodate any legislative requirements.
Page 11Tamworth Regional Council – Ordinary Council – 28 August 2018
Residential Intensification: The visual impact created as a consequence of increased density
will compromise amenity, and privacy due to the aspect and siting of the proposed residential
development throughout the Estate.
Response: The potential lot yield will be restricted by the gradient of the land to elongated
lots, which will likely require restrictive building envelopes if the Planning Proposal
progressed and subsequent development consent was granted. This intensification will
impact primarily upon Lots 6 and 7 DP 1191724. A riparian buffer zone is proposed to be
established along the fourth order stream to minimise visual and privacy impacts upon those
particular lands.
Community Consultation: The community consultation process was insufficient in relation to
the meeting with Mitchel Hanlon Consulting on site at Oaklands Estate in 2016 and letter box
drop advising of the exhibition of the Planning Proposal in June 2018.
Response: The applicant has advised that a meeting was held in 2016, to discuss the
Planning Proposal prior to lodgement within Council in 2017. The Planning Proposal was
placed on public exhibition for a period of 28 days in accordance with the Gateway
Determination. Residents were notified by letterbox drop to ensure correspondence relating
to the proposal was received without delay.
CONCLUSION
Having regard to the limitations associated with the water supply, long term planning
objectives, environmental constraints and content of the public submissions, Council staff
have formed the view that the Planning Proposal should not be supported and the plan
should not be made. Therefore, it is recommended that Council resolve not to make the plan
in relation to the amendment to the TRLEP 2010, to change the MLS from two hectares to
one hectare lots.
(a) Policy Implications
Nil
(b) Financial Implications
Nil
(c) Legal Implications
The TRLEP 2010, will not change should the recommendation be supported and the
proposal does not proceed. Further, there is no opportunity for the applicant to seek a
review of Council’s decision.
(d) Community Consultation
Community consultation was undertaken through public exhibition of the proposal for
28 days as required by the Gateway Determination.
Page 12Tamworth Regional Council – Ordinary Council – 28 August 2018
8 INFRASTRUCTURE AND SERVICES
8.1 PROPOSED APPOINTMENT AS CROWN LAND MANAGER, BRADY PARK, MANILLA –
FILE NO PF153
DIRECTORATE: REGIONAL SERVICES
AUTHOR: Paul Kelly, Manager Sports and Recreation
1 ANNEXURES ATTACHED
RECOMMENDATION
That in relation to the report “Proposed Appointment as Crown Land Manager, Brady
Park, Manilla”, Council:
(i) consent to Tamworth Regional Council being appointed as Crown Land Manager
for the Crown Reserve in Manilla, known as Brady Park, described as
7018//94142, and Lots 1 to 9, Section 38, DP758644, previously occupied by the
Manilla District Cricket Association Incorporated, managed by the Brady Park
Trust (R76443); and
(ii) authorise the General Manager to write to the NSW Minister for Primary
Industries consenting to the appointment.
SUMMARY
This report recommends that Council authorise the General Manager to write to the Minister
with responsibility for the Crown Lands portfolio (being the NSW Minister for Primary
Industries), consenting to the appointment of Tamworth Regional Council as Crown Land
Manager for the Crown Reserve known as Brady Park, Manilla.
COMMENTARY
Council has received written correspondence from the Department of Industry, Lands and
Forestry notifying that the last members of the Brady Park Trust (R76443) resigned in 2017,
and that the reserve is no longer used by the Manilla District Cricket Association
Incorporated, who have moved their games to the larger Chaffey Park.
Council is currently maintaining Brady Park as community open space within the existing
Sports and Recreation operational budget. While Council is currently focussing any
immediate sports field development in Manilla at the Chaffey Park complex, Brady Park is
still a valuable recreational facility for residents of South Manilla and potential future sports
field once the utilisation of Chaffey Park becomes too congested.
The Department of Industry, Lands and Forestry are investigating options for the
management of the reserve known as Brady Park, described as 7018//94142, and Lots 1 to
9, Section 38, DP758644, and have enquired into TRC’s interest in being formally appointed
as Trust Manager.
A map is ATTACHED, refer ANNEXURE 1.
Given that Council have been maintaining Brady Park, it is considered reasonable that
Council be given consent to the appointment as Crown Land Manager.
It is recommended that Council authorise the General Manager to write to the NSW Minister
for Primary Industries, consenting to the appointment of Council as Crown Land Manager.
Page 13Tamworth Regional Council – Ordinary Council – 28 August 2018
(a) Policy Implications
Nil
(b) Financial Implications
A current budget allocation exists for maintenance of Brady Park.
(c) Legal Implications
Appointment as Crown Land Manager under the Crown Lands Management Act 2016,
requires Councils to manage Crown Land as community land in accordance with the
provisions of the Local Government Act 1993, including the development of Plans of
Management for the land. A Plan of Management will need to be developed for this
land.
(d) Community Consultation
Nil
8.2 TAMWORTH REGIONAL LOCAL TRAFFIC COMMITTEE GENERAL MEETING MINUTES –
1 AUGUST 2018 – FILE NO SF1387
DIRECTORATE: REGIONAL SERVICES
AUTHOR: Murray Russell, Manager Road Infrastructure
4 ANNEXURES ATTACHED
RECOMMENDATION
That in relation to the report “Tamworth Regional Local Traffic Committee General
Meeting Minutes - 1 August 2018”,Council:
(i) approve the installation of a median in Marius Street, on the eastern approach to
the roundabout at the Peel Street and Marius Street intersection, if required for
improved traffic management;
(ii) approve the road closures for the Summer Criterion Racing events, each Sunday
between 6:30am and 1:00pm from 14 October 2018 to 7 April 2019, on Armstrong
Street and Pondarosa Road, Westdale; and
(iii) approve the installation of two STOP signs either side of the intersection of
Upper Street at the intersection of Murray Street.
SUMMARY
The purpose of this report is to advise Council of three recommendations made by the
Tamworth Regional Local Traffic Committee at its meeting held 1 August 2018.
COMMENTARY
Three formal items reached consensus at the meeting held 1 August 2018. The minutes are
ATTACHED, refer ANNEXURE 1.
96/2018 - Median Construction Plans – Marius Street East Approach to Roundabout
Peel/Marius Intersection
Page 14Tamworth Regional Council – Ordinary Council – 28 August 2018
The Committee reviewed design plans for a 40 metre long median extending past the entry
to Northgate Shopping Centre on Marius Street as part of the Peel Street and Marius Street
Roundabout.
If the median was to be installed, entry and exit to Northgate Shopping Centre would be of a
‘left in left out’ nature on Marius Street. Line marking has been installed in its place at present
and traffic movements will be monitored to assess the necessity of the concrete median to
manage traffic flow.
The design plans are ATTACHED, refer ANNEXURE 2.
COMMITTEE RECOMMENDATION: the Committee support the installation of a median in
Marius Street, on the eastern approach to the roundabout at the Peel Street and Marius
Street intersection, if required to improve traffic management.
97/2018 - 2018 Summer Criterion Racing – Tamworth Cycle Club
Tamworth Cycle Club proposes to hold a summer criterion racing series, held each Sunday
between 6:30am and 1:00pm, between 14 October 2018 and 7 April 2019.
Road closures are proposed on Armstrong Street and Pondarosa Road, with an adjusted
centre line on Goddard Lane to allow two-way traffic on Goddard Lane, with the parking lane
closed for the race course.
Event Setup: 6:30am Event Start: 8:00am
Event Finish: 12:00pm Event Pack up: 1:00pm
Traffic Control will be used to control entry points to the course on Goddard Lane and
marshalls will be used on intersections of Armstrong Street and Pondarosa Road, Goddard
Lane and Pondarosa Road, and Pondarosa Road near BMR Quarries entry.
The proposed Traffic Control Plan is ATTACHED, refer ANNEXURE 3.
COMMITTEE RECOMMENDATION: the Committee support the road closures for the
Summer Criterion Racing events, each Sunday between 6:30am and 1:00pm from 14
October 2018 to 7 April 2019, on Armstrong Street and Pondarosa Road, Westdale.
98/2018 - Review of Give Way treatments Upper Street and Murray Street Intersection
A resident requested review of Give Way sign treatments at the Upper Street and Murray
Street intersection has been undertaken.
Findings from the inspection was that due to trees and hedges on the road reserve and
inside properties on Murray Street, as well as the grade of Murray Street, site distance for a
Give Way sign on the north western approach of Upper Street does not satisfy the 97m
distance along the through road from 3-5m back from the Give Way hold line for a Give Way
sign.
The north western approach was satisfied from the centre island. The south eastern
approach site distance was satisfied from both Upper Street and from the centre island.
Site distance measurements and proposed treatment to satisfy site distances is ATTACHED,
refer ANNEXURE 4.
COMMITTEE RECOMMENDATION: the Committee support the installation of two STOP
signs either side of the intersection of Upper Street at the intersection of Murray Street.
Page 15Tamworth Regional Council – Ordinary Council – 28 August 2018
(a) Policy Implications
Nil
(b) Financial Implications
96/2018 – funded by the Design and Construction project budget;
97/2018 – funded by the Event Organiser; and
98/2018 – funded by Infrastructure and Projects traffic management budget.
(c) Legal Implications
Nil
(d) Community Consultation
Nil
8.3 WASTE SUSTAINABILITY SIX MONTHLY REPORT – FILE NO SF8151
DIRECTORATE: WATER AND WASTE
AUTHOR: Angela Dodson, Sustainability Officer
RECOMMENDATION
That in relation to the report “Waste Sustainability Six Monthly Report”, Council
receive and note the waste sustainability projects and activities listed in the report.
SUMMARY
The purpose of this report is to update Council on Waste Sustainability activities presently
underway, as well as projects planning to be implemented over the next six months.
COMMENTARY
Council continues to provide educational opportunities conveying general waste
management, recycling specific, upcycling ideas and litter prevention education through
school visits, landfill tours, guest speaking at community group meeting opportunities, direct
telephone calls or educational workshops and events. The following is a summary of some
of the previous six month period of activities and statistics.
With the installation of the new water refill station and bubblers in Peel Street and in
Bicentennial Park, it would appear that residents and visitors alike have welcomed the
availability of these units with an accumulated consumption of 3,710 litres which is the
equivalent of approximately 6,183 single use 600ml plastic water bottles saved from being
consumed and potentially ending up as litter or in landfill. To mitigate some of the summer
and winter temperature extremes in our region, the units had their internal pipe work lagged.
In April, Council resolved to install additional water refill and bubbler units in Barraba,
Manilla, Kootingal and Nundle. In May, the Barraba, Manilla and Kootingal units were
installed and are now in use by the local community. The Nundle unit will be installed in
conjunction with an upcoming upgrade of the public amenities in Jenkins Street, opposite the
pool.
Page 16Tamworth Regional Council – Ordinary Council – 28 August 2018
During this reporting period, there has been 11 in school educational visits undertaken and
three landfill tours of the Forest Road Waste Management Centre.
Troy Cassar-Daley continues to be the Tune in to recycling campaign ambassador for the
Country Music Festival recycling campaign, encouraging festival goers and locals alike to
make sustainable choices through recycling. This year the Riverside Campgrounds, saw the
introduction of the yellow reusable bags with information on what can be recycled in the bins
in the campgrounds and waterwise messages encouraging efficient water use in line with the
drought management messages for local residents. The yellow bags were well received and
were actively being used during observations in the campgrounds. Troy Cassar-Daley will
continue as campaign ambassador for the 2019 Country Music Festival.
Clean up Australia Day on Sunday, 4 March 2018, saw a total of 1.56 tonnes of material
collected during the clean up period. This was just under half a tonne less material than
collected the previous year. There was one truck tyre and 13 trolleys recovered from various
sections of river cleaned by community volunteers.
While there was a large contingent of volunteers and participants down at the OzFish site at
Jewry Street who had ABC’s Costa making an appearance, the largest volume of bags and
material collected on the day, was by the Lions Club of Tamworth who cleaned up from the
Robert Street Roundabout to Mahoney Avenue. There were 15 school groups, one business
with multiple sites and 20 community teams registered to participate.
Page 17Tamworth Regional Council – Ordinary Council – 28 August 2018
In March, Tamworth Regional Council Sustainability Unit sponsored the Sustainable North
West Amazing Enviro Race. The event this year was an engagement activity with high
schools within the Tamworth Regional Council area, 105 students attended and participated
in 13 Sustainability themed activities. Council facilitated three activities around water, waste
and energy. Student and teacher feedback on the day was positive and there were strong
support for the event to be held again next year. Schools from outside the Council area have
also enquired if they could be a part of the event next year. Council sponsorship of the event
will continue in 2019, before being reassessed. The overall winner of the day was McCarthy
Catholic College and received a prize of a fully installed solar array for their school.
In partnership with Tamworth Regional Gallery, the Sustainability Unit sponsored over the
two weekends in the April school holidays, 11 free community workshops during this
reporting period with 107 attendees. One workshop stream was designed to complement the
Playschool installation in the Gallery at the time and the other workshop stream was aimed at
those children who have a love of technology and combine this with making animation props
out of reusable materials to create their master piece. These workshops will be offered again
during the Gallery’s Sunday Funday Program schedule of the September school holidays,
however will be tailored to complement the Treehouse exhibition in the Gallery at the time
and the animation workshop will aim to create a sustainable narrative piece.
Page 18Tamworth Regional Council – Ordinary Council – 28 August 2018
Sustainability initiatives at the Tamworth Sports Dome saw the installation of recycling bins to
create waste stations at the facility to help divert beverage containers from ending up in
landfill. Utilisation of the bins has been positive and welcomed by sports participants.
In May 2018, Council resolved to implement the trial waste voucher system for role out with
the rates notices in July 2018, as a potential replacement for bulky household waste services
in the future. The voucher trial will run in parallel with the bulky household waste collection
services in November 2018 and June 2019. A report to Council on the trial will be presented
in August 2019.
At the end of May, Council resolved to install 24 recycling bins to create recycling stations
through out the CBD precinct. The bins will match the existing general waste bins and have
a recycling chute in the front. Discussions have also occurred with the Tamworth Access
Group regarding how to help identify the difference between the bins for the vision impaired.
The bins will be installed in September 2019.
Future programs and activities occurring in the next reporting period will include the
implementation of new bin infrastructure as part of a specific grant received through the NSW
EPA for road side rest areas, the development of new revitalised educational materials for
Page 19Tamworth Regional Council – Ordinary Council – 28 August 2018
residents around waste management, the National Garage Sale Trail on the weekend of 20
and 21 October 2018, and National Recycling Week is in November 2018. A number of
schools have booked in to receive educational sessions and tours of the landfill facility in
Tamworth and seeking advice on how to improve their waste management within their
school. This will work in with the recent Council resolution to further assist Challenge
Recycling through the donation of excess event recycling bins to improve their schools
recycling program.
Staff are continually looking at the various waste streams being managed at Council landfills
and suitable alternatives to be able to remove items from landfill. One such problem waste
stream is mattresses. A review identified that the options to undertake resource recovery
activities related to mattresses was not a viable option for Tamworth Regional Council to
undertake on its own. Through the Northern Inland Regional Waste Group (NIRW), which
covers 12 Regional Councils in the New England and North West regions of NSW, a wider
review was undertaken and identified that further regional collaboration was needed with
another regional waste group to make resource recovery activities viable for service
providers. Netwaste Regional Waste Group, which covers the central and western regions of
NSW or 40% of the state and includes 26 regional Councils (including Councils like Bathurst,
Blue Mountains, Broken Hill, Dubbo, Orange and Warrumbungle to name a few) is the other
regional waste group.
An expression of interest was released to seek submissions from suitable service providers.
The Netwaste Regional Waste Group has taken point in managing the regional collaboration
as they have the resources and experience in regional contracting. There were two
submissions received through the expression of interest phase but only one was a suitable
service provider.
The request for tender was provided to the suitable service provider and the tender process
closed on Monday, 6 August 2018. Evaluation and clarification processes are now underway
and is scheduled to take up to four to six weeks. Once this has been completed, a report will
be provided to participating Councils seeking direction from Council about participating or
not, and if so relevant contractual documents will be executed by each Council with the
service provider on an individual Council basis.
(a) Policy Implications
Nil
(b) Financial Implications
At present all works have been funded from existing budgets and/or after budget
approval from Council. Should any further funds be required a report will be presented
for Council consideration.
(c) Legal Implications
Nil
(d) Community Consultation
Nil
Page 20Tamworth Regional Council – Ordinary Council – 28 August 2018
9 GOVERNANCE, STRATEGY AND FINANCE
9.1 RENEWAL OF TAMWORTH REGIONAL ALCOHOL FREE ZONES – FILE NO SF990
DIRECTORATE: CORPORATE AND GOVERNANCE
AUTHOR: Karen Litchfield, Manager Governance
RECOMMENDATION
That in relation to the report “Renewal of Tamworth Regional Alcohol Free Zones”,
Council:
(i) in accordance with section 644(B) of the Local Government Act 1993, give public
notice of its intention to renew the Tamworth CBD Alcohol Free Zone for a
further period of four years from 29 December 2018, in respect of all public roads
and car parks within the area bounded by and including Kable Avenue, Marius
Street and Darling Street and bounded by the western side of Murray Street
Tamworth;
(ii) in accordance with section 644(B) of the Local Government Act 1993, give public
notice of its intention to renew the Kootingal Alcohol Free Zone for a further
period of four years from 29 December 2018, in respect of the following public
roads and footpaths:
Denman Avenue (from boundary of school running south to include Sandy
Creek Park area);
Irvine Street;
Station Street (from Irvine Street to Gate Street);
Field Lane (including two unformed lanes from Field Lane to Irvine Street);
and
Gate Street;
(iii) in accordance with section 644(B) of the Local Government Act 1993, give public
notice of its intention to renew the Barraba Alcohol Free Zone for a further period
of four years from 29 December 2018, covering all the public roads, and carparks
within the Barraba Central Business District bounded by and including Queen
Street from the intersection of Edward Street to the intersection of Savoy Street,
Maude and Alice Streets from the intersection of Cherry Street to Fitzroy Street
and the Queen Street Mall, Barraba;
(iv) in accordance with section 644(B) of the Local Government Act 1993, give public
notice of its intention to renew the Manilla Alcohol Free Zone for a further period
of four years from 29 December 2018, covering all public roads and car parks
within the area bounded by and including Progress Lane, Market Street, Arthur
Street and Court Street, Manilla;
(v) in accordance with section 644(B) of the Local Government Act 1993, give public
notice of its intention to renew the Bridge Street Alcohol Free Zone for a further
period of four years from 29 December 2018, covering all public roads and car
parks within the area bounded by and including Bridge Street, Tamworth from
the western side of the intersection of Ebsworth Street for its length through to
the intersection with Phillip Street, In Street, Hercules Street and Reserve Place;
(vi) in accordance with section 644(B) of the Local Government Act 1993, give public
notice of its intention to renew the Robert Street Alcohol Free Zone for a further
Page 21Tamworth Regional Council – Ordinary Council – 28 August 2018
period of four years from 29 December 2018, covering the Robert Street
Shopping Centre incorporating the footpath and carpark and the area bounded
by and including Robert Street, Woodward Avenue, Petra Avenue and Links
Avenue and including Hobbs Lane;
(vii) in accordance with section 644(B) of the Local Government Act 1993, give public
notice of its intention to renew the Coledale Alcohol Free Zone for a further
period of four years from 29 December 2018, in respect of all public roads and
car parks within the area bounded by Gunnedah Road and Warral Road including
Warral Road;
(viii) pursuant to Section 632 of the Local Government Act 1993, the taking into and
consumption of alcohol be prohibited in Centennial Park, Lloma Park, Hathway
Park, Coledale Community Park and Norman Ingall Park without the express
permission in writing of Tamworth Regional Council; and
(ix) consider any public comments received in respect of the proposals to renew the
Tamworth Region Alcohol Free Zones at the Ordinary Council Meeting to be held
on 27 November 2018.
SUMMARY
The purpose of this report is to seek Council’s approval to the renewal of the Alcohol Free
Zones in Kootingal, Robert Street, Bridge Street, Coledale and the Tamworth, Manilla and
Barraba Central Business Districts.
COMMENTARY
Tamworth Central Business District (CBD)
The Tamworth CBD Alcohol Free Zone (AFZ) was first implemented on 29 December 1994,
and over that time has received widespread community support. It has been reasonably
effective in discouraging the consumption of alcohol on public roads, footpaths and car parks
within the CBD.
Page 22Tamworth Regional Council – Ordinary Council – 28 August 2018
The Tamworth CBD Alcohol Free Zone will be renewed for a further four years to 29 December
2022.
Bridge Street
The Bridge Street Alcohol Free Zone was first implemented on 29 December 2001. The AFZ
covers all the public roads from the western side of the intersection of Bridge Street and
Ebsworth Street through to the intersection of Bridge and Phillip Streets, including In Street,
Hercules Street and Reserve Place, West Tamworth.
Page 23Tamworth Regional Council – Ordinary Council – 28 August 2018
The Bridge Street Alcohol Free Zone will be renewed for a further four years to 29 December
2022.
Robert Street
The Robert Street Alcohol Free Zone was first implemented on 14 June, 2005. The AFZ
covers the Robert Street Shopping Centre incorporating the footpath and carpark and the area
bounded by Robert Street, Woodward Avenue, Petra Avenue and Links Avenue and including
Hobbs Lane.
Page 24Tamworth Regional Council – Ordinary Council – 28 August 2018
The Robert Street Alcohol Free Zone will be renewed for a further four years to 29 December
2022.
Kootingal
The Kootingal Alcohol Free Zone was first implemented on 24 May 2007, and was initially
established by Council following representations from two residents of Kootingal requesting,
supported by Kootingal and Tamworth Police, the establishment of an alcohol free zone within
the Business Centre of the Village of Kootingal to address issues of street drinking within and
on public roads and footpaths.
Page 25Tamworth Regional Council – Ordinary Council – 28 August 2018
The Robert Street Alcohol Free Zone will be renewed for a further four years to 29 December
2022.
Coledale
The Coledale Alcohol Free Zone (AFZ) was first implemented on 10 August 2010, and was
initially established by Council following representations from the Oxley Local Area Command.
The AFZ was established for the public roads and carparks within the West Tamworth urban
area known as Coledale and delineated on Map below.
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