ORDINARY COUNCIL MEETING OUTCOMES - AUGUST

27 August 2019

Dubbo Regional Council held its Ordinary Council meeting on Monday 26 August in Dubbo.

The meeting, chaired by Mayor of the Dubbo Region, Councillor Ben Shields made resolutions in respect of the following matters:

Mayoral Minute – Results of Nomination of Mathew Dickerson as Emeritus Mayor

At the Ordinary Council meeting held 22 July 2019, Council considered a Mayoral Minute recommending that the former Mayor of the former Dubbo City Council, Mathew Dickerson be nominated to Local Government NSW (LGNSW) for the award of Emeritus Mayor.

It is noted that following Council’s nomination of Mr Dickerson for the award of Emeritus Mayor, LGNSW have now advised that the nomination has been unsuccessful due to not meeting eligibility requirements

Council request that Mr Mathew Dickerson be formally advised that Council’s nomination of him being awarded the award of Emeritus Mayor by Local Government NSW has been unsuccessful.

Mayoral Minute - Wellington Buy Local

The Mayor has received correspondence from Jessica Gough, Secretary of the Wellington Chamber of Commerce about a buy local campaign The Chamber has requested that Council commence a buy local in Wellington campaign coming into the Christmas period.

Council endorsed the Mayoral minute and request that the Chief Executive Officer convene a meeting of the Wellington Chamber of Commerce, relevant staff and Mayor to determine an appropriate Wellington specific buy local campaign.

Mayoral Minute – Apex Oval Game Fixtures and Ground Condition

Council noted the report from Director of Liveability dated 23 August 2019.

Council resolved not to proceed with Dubbo and District Junior Rugby League Grand Final at Apex Oval, 14 September 2019.

Council endorsed the relocation to alternate locations offering Apex Oval outer fields or Barden Park as options.

Council agreed to absorb the final impost of $7,486.42 comprising 2019/20 fee discount good will gestures for clubs and game day expenses.

Councillor Numbers

Council have noted a report from the Chief Executive Officer dated 6 August 2019.

Council determined to maintain the status quo in respect of the issue of Councillor numbers, being that Councillor numbers remain at ten (10) in respect to the upcoming Councillor election in September 2020

Macquarie Street, Outdoor Dining Policy

Development Consent was granted on 21 December 2018 for the purposes of a Food and Drink Premises (Burger Urge), at shops 34 and 35 Dubbo Square Shopping Centre, 177-191 Macquarie Street, Dubbo. Following consultation with the Proponent, the development application was approved without the provision of a permanent on-street structure. The subject Development Application highlighted the requirement for Council to develop a policy for permanent on-street dining, including the provision of permanent structures and to consider the future design aesthetics and location of permanent outdoor dining structures on Macquarie Street.

The draft Outdoor Dining Policy was placed on public exhibition from 13 March 2019 until 5 April 2019.

Council resolved that the amended draft Outdoor Dining Policy as attached to report of the Manager Growth Planning be adopted.

Council agreed to the lease fee for the remainder of the 2019/2020 Financial Year be determined to be $0 for Category A Areas. A review of the Policy is to be undertaken by Council prior to the end of the 2019/2020 Financial Year.

New draft Section 7.11 Contributions Plan for South-East Stormwater Drainage Headworks Contributions
- Results of Public Exhibition

Council adopted the new amended draft Section 7.11 Developer Contributions Plan - South-East Stormwater Drainage Headworks Contributions and the amended draft Section 94 Contributions Plan – Urban Stormwater Drainage Headworks Contributions.

Council determined that the Section 7.11 Developer Contributions Plan - South-East Stormwater Drainage Headworks Contributions and amended Section 94 Contributions Plan – Urban Stormwater Drainage Headworks Contributions commence operation from the date it is advertised in the local print media.

Development Application D2019-71 (2) - Car Wash (Light Industry) Property: Lot 4 DP 519008, 94 Victoria Street, Dubbo

The Applicant is seeking development consent to modify an approved Development Application for a car wash (light industry) at Lot 4 DP 519008, 94 Victoria Street, Dubbo. The proposal seeks to reduce the water and sewerage supply headworks contributions that have been levied against this development under Conditions 38 and 39 pursuant to Council’s Section 64 Contributions Plan – Water and Sewerage Contribution Policy. The physical appearance of the development is not being altered, nor the operational aspects of the development or use of the land. Therefore it is considered the modified development is not likely to have any negative impact upon the environment or upon the amenity of the locality.

Council agreed to reduce the combined Water and Sewerage Supply Headworks contribution for D19-71 from $325,255.85 to $90,336.60 (based on the adopted 2018/2019 financial year figures).

Council approved the modified Development Application D19-71 (Part 2) for a car wash (light industry) at Lot 4 DP 519008, 94 Victoria Street, subject to the conditions of consent provided, noting the amendments to Conditions 38 and 39.

Naming an unnamed public road 'Euston Lane'

Council resolved that the unnamed public road created in DP 246880 be formally named Euston Lane, Dubbo and sign posted accordingly.

Council request the approved name be advertised and government authorities notified in accordance with Section 162 of the Roads Act 1993 and the Roads Regulation 2008.

Council request that the affected owners be notified in writing of Council’s decision in this matter.

Renaming Cobbora Road in the former Wellington LGA

Dubbo Regional Council received a letter from Warrumbungle Shire Council requesting that Cobbora Road in the former Wellington Shire be renamed. The request is based on avoidance of the possibility for confusion to emergency services stemming from the fact that Cobbora Road also travels through Cobbora Village in Warrumbungle Shire

Council endorse the renaming of Cobbora Road in the former Wellington Shire LGA, to become Saxa Road.

Council request that the approved name be advertised and government authorities notified in accordance with Section 162 of the Roads Act 1993 and the Roads Regulation 2008.

Council request that residents be informed of the new road name once gazetted and Warrumbungle Shire Council be notified of the outcome.

Lease of Land - Airport Hangar Site 16 to Dubbo Aeroclub

Following the completion of the General Aviation Expansion area of Dubbo City Regional Airport an addition eleven sites have become available for lease. As a result potential investors have requested a long term tenure on the land be offered so that they are able to achieve security and banking approvals commensurate with their investment. The Dubbo Aeroclub were dislodged as part of the recent Airport Development, and property Services negotiated the relocation and associated works to enable the club to continue operation.

Council agreed to enter into 4 consecutive 5 year leases for Hangar Site 16 at Dubbo City Regional Airport commencing on 1 July 2019 with Dubbo Aeroclub, with the second, third and fourth lease commencing upon the expiry of the previous lease, until its expiry on 30 June 2039, with all four (4) leases signed at the commencement of the first lease.

Council determined that all documentation in relation to this matter be executed under Power of Attorney and that the legal fees associated with the preparation of the lease be borne by the lessee.

Lease of Land - Airport Hangar Site 17 to Mick Robinson

Following the completion of the General Aviation Expansion area of Dubbo City Regional Airport an addition eleven sites have become available for lease. As a result potential investors have requested a long term tenure on the land be offered so that they are able to achieve security and banking approvals commensurate with their investment.

Council agreed to enter into 4 consecutive 5 year leases for Hangar Site 17 at Dubbo City Regional Airport commencing in September 2019 with Mr Mick Robinson until its expiry on 31 August 2039, with the second, third and fourth lease commencing upon the expiry of the previous lease, with all four (4) leases signed at the commencement of the first lease.

Council determined that all documentation in relation to this matter be executed under Power of Attorney and that the legal fees associated with the preparation of the lease be borne by the lessee.

Lease of Land - Airport Hangar Site 18 to Rowan Molnar

Following the completion of the General Aviation Expansion area of Dubbo City Regional Airport an addition eleven sites have become available for lease. As a result potential investors have requested a long term tenure on the land be offered so that they are able to achieve security and banking approvals commensurate with their investment.

Council agreed to enter into 4 consecutive 5 year leases for Hangar Site 18 at Dubbo City Regional Airport commencing in September 2019 with Mr Rowan Molnar until its expiry on 31 August 2039, with the second, third and fourth lease commencing upon the expiry of the previous lease, with all four (4) leases signed at the commencement of the first lease.

Council determined that all documentation in relation to this matter be executed under Power of Attorney and that the legal fees associated with the preparation of the lease be borne by the lessee.

Lease of Land - Airport Hangar Site 19 to David Treacey

Following the completion of the General Aviation Expansion area of Dubbo City Regional Airport an addition eleven sites have become available for lease. As a result potential investors have requested a long term tenure on the land be offered so that they are able to achieve security and banking approvals commensurate with their investment.

Council agreed to enter into 4 consecutive 5 year leases for Hangar Site 19 at Dubbo City Regional Airport commencing on 2 September 2019 with Dr David Treacey until its expiry on 31 August 2039, with the second, third and fourth lease commencing upon the expiry of the previous lease, with all four (4) leases signed at the commencement of the first lease.

Council determined that all documentation in relation to this matter be executed under Power of Attorney and that the legal fees associated with the preparation of the lease be borne by the lessee.

Acquisition of existing road at 145R Coolbaggie Forest Road, Eumungerie

Council agreed to acquire the portion of Lot 36 DP 752579 in which Coolbaggie Forest Road is situated, for $3,200 exc. GST.

Council will reimburse the landowner’s legal fees up to the value of $2,000 (inc. GST) in relation to such acquisition by Council.

Council will be responsible for all surveying and plan registration costs in relation to the road corridor acquisition.

Council endorsed road corridor be dedicated as Public Road at the time of plans registration with NSW Land Registry Services and that all documentation in relation to this matter be executed under Power of Attorney.

Sunnyside Road Opening - Locality of Jones Creek

In 2012 Council entered into a road closure and opening agreement with Department of Primary Industries – Crown Lands and Geoffrey and Margaret Chad that remains outstanding. The agreement requires Council to open a road reserve over Chads Lot 21 DP 588497 for Sunnyside Road; and thereafter, for the crown to close and vest two crown roads to Council, for Council to dispose of them to the Chads as compensation for the road opening.

Ultimately, opening the Sunnyside road reserve will be of benefit to Council because it will provide Council with secure tenure for the road, and enable it to more confidently administer its maintenance and reconstruction

responsibilities. It is also in Council’s interests because it will enable Council to assist in the rationalisation of crown roads in the area and assist a local agricultural family in the management of their property.

Council agrees to the ‘change of vesting’ agreement outlined in Department of Primary Industries letter dated 1 November 2012.

Council determined to open a public road reserve for Sunnyside Road (formerly Findlays Road) over Lot 21 DP 588497 as required by the agreement.

Council agreed to dispose of future closed roads 1e and 1f to Mr Geoffrey and Margaret Chad or their successors, being the owners of Lot 21 DP 588497, following their vesting to Council by the crown.

Council also determined to dispose of future closed roads 1e and 1f to Mr Geoffrey and Margaret Chad or their successors, for a ‘Nil’ sale price as compensation for Council opening the public road reserve for Sunnyside Road over Lot 21 DP 588497. 5.

Council request that each party be responsible for their own legal expenses and that all documentation in relation to the matter be executed under Power of Attorney.

Road Closure of Part Fitzroy Street adjacent to Council's Lot 10 DP 258615 and Land Disposal Agreement - 1 Johnson Street, North Dubbo

Council endorsed the closure of the two (2) portions of road fronting Fitzroy Street, adjoining 1 and 2 Johnson Street, North Dubbo, into two (2) lots, and to classify them as operational land upon closure.

Council agreed to execute the subdivision of Lot 10 DP 258615 into two (2) lots, and to classify them as operational land upon creation.

Council determined to dispose of the northern closed road lot and the northern lot created from Lot 10 DP 258615 to Mr J Temesvary, the owner of lot 13 DP 816293, for a sale price of $130,000 plus GST as outlined in this report.

Council agreed that each party be responsible for their own legal expenses and that all documentation in relation to the matter be executed under Power of Attorney.

Proposed Closure of Road, Sale of Land and Part Extinguishment of Easement for Drainage of Sewage, King Street Montefiores, Wellington

Council determined to execute the closure of the King Street road head, in accordance with the alternative diagonal boundary agreed with objectors and detailed within this report.

Council agreed to dedicate land to the public as road in accordance with the alternative diagonal boundary agreed with the objectors and detailed within this report.

Council resolved to extinguish part ‘easement for drainage of sewage 3 wide (s)’ shown in Deposited Plan 1121945, which traverses the eastern boundary of Lot 5 DP 1121945.

Council agreed that each party be responsible for their own legal expenses and that all documentation in relation to the matter be executed under Power of Attorney.

Dubbo Christian School Purchase of additional Keswick vacant land 

Council determined to sell Dubbo Christian School 2.6ha of vacant Keswick land adjoining the school as identified as part Lot 339 for $700,000 exc. GST.

Council agreed to provide three years finance with a minimum repayment by the school of $260,000 p.a. and the monthly outstanding loan balance accrue interest at 3%p.a.

All documentation and considerations in relation to the matter be executed under Power of Attorney and remain confidential to Council.

Meeting Minutes found here (PDF 142KB)

Last Edited: 27 Aug 2019

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