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16 January 2018
Council Meeting
Table of Contents
Details Page
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16 January 2018
11 January 2018
TO ALL COUNCILLORS
Dear Councillor
I wish to advise that an Ordinary meeting of the West Tamar Council will be held at the Windsor
Community Precinct, 1 Windsor Drive, Riverside on Tuesday 16 January 2018 at 1.30pm.
Rolph Vos
GENERAL MANAGER
AGENDA
1. Apologies
2. Confirmation of minutes from 19 December 2017
3. Declarations of Pecuniary Interest
4. Community Input Time
5. Reports a) Planning
b) General Manager
c) Development
d) Corporate
e) Community
f) Infrastructure
6. Notices of Motion from councillors
7. Questions with Notice
8. Questions without Notice
9. Closed Meeting Items
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Minutes of the Ordinary Meeting of the West Tamar Council held at the Windsor Community Precinct,
1 Windsor Drive, Riverside on Tuesday 16 January 2018 at 1.30pm.
PRESENT:
IN ATTENDANCE:
/18 MINUTES
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2. where any advice is given directly to council by a person who does not have the
required qualifications or experience that person has obtained and taken into account
in that person’s general advice the advice from an appropriately qualified or
experienced person.”
Rolph Vos
GENERAL MANAGER
“Notes: S65(1) of the Local Government Act requires the General Manager to ensure
that any advice, information or recommendation given to the council (or a council
committee) is given by a person who has the qualifications or experience necessary
to give such advice, information or recommendation. S65(2) forbids council from
deciding any matter which requires the advice of a qualified person without
considering that advice.”
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1) Introduction
2) Background
Development Description
The proposal is to gain retrospective approval for a shed measuring 7.987m
x 19.817m with an apex height of 4.1m and a max wall height of 3.846m. The
shed is 1.2m from the side boundary it shares with 4 Main Road.
The application also includes a small extension of the existing dwelling and
some internal alterations. The extension of the dwelling’s footprint measures
11.91m x 1.76m. The extension and internal alterations provides for an
ensuite and robe in the main bedroom and an extension of bedroom 4.
Applicant
W J Cameron.
Planning Instrument
West Tamar Interim Planning Scheme 2013.
(the Scheme)
Zone
Low Density Residential.
Use
Use class Residential
Use status No Permit required use
Discretions
Discretions
12.4.1.4 A2 - Side and rear boundary setback
14.4.1.6 A1 - max gross floor area and wall height of outbuilding
Attachments
1. Location plan
2. Proposal
3. Scheme assessment report
4. Representations
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3) Strategic/Annual Plan/Council Policy
The proposal is consistent with Council’s Strategic and Annual Plans and
policies.
4) Statutory Requirements
The application was made pursuant to section 57 of the Land Use Planning
and Approvals Act 1993 (the Act). Determination of the application is a
statutory obligation.
The application was assessed against the relevant zone and code standards.
The proposal complied with the relevant standards, except for the identified
discretions.
The following discretions were supported when assessed against the relevant
performance criteria:
12.4.1.4 P2 requires assessment of amenity impacts and separation of
dwellings.
12.4.1.6 P1 requires assessment of the dominant built form on the
neighbourhood character.
5) Notification
The application was notified for the required 14 day period from 2/12/2017 to
18/12/2017. One representation was received. Council is required to consider
representations to discretionary applications under both the Act and the
Scheme.
While the concerns of the representors are noted, they did not raise any
matters that alter assessment of the application against the Scheme.
6) Alternative Options
The Planning Authority may approve (with or without conditions) or refuse the
application, based on its assessment against the Scheme and any
representations that were received.
7) Financial Impact
Financial impacts are normally limited to the application process and any
appeal that may be lodged against the Planning Authority’s decision, provided
statutory obligations are met.
8) Officer’s Comments
The proposal was assessed against the provisions of the Scheme and
complied with all relevant tests. The proposal can therefore be approved
subject to the conditions listed below.
Karin van Straten
SENIOR STATUTORY PLANNER
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RECOMMENDATION
That application PA2017238 be determined as follows:
a. the requested variations comply with the relevant performance criteria
and be supported;
b. the representations do not have planning merit when assessed against
the Scheme; and
the application for retrospective outbuilding (exceeding 80m², vary side
boundary setback) and an extension of the existing dwelling for land at 3
Killara Avenue, Lanena be APPROVED subject to the following conditions:
ENDORSED PLANS
1. The use and/or development must be carried out as shown on the
Endorsed plans dated 22-11-17 (Job No: JN-150103) and described in
the endorsed documents to the satisfaction of the Council. Any other
proposed development and/or use will require a separate application to
and assessment by the Council.
NO HUMAN HABITATION
3. The outbuilding must not be used for human habitation.
Permit Notes
Notations
A. This permit was issued based on the proposal documents submitted for PA2017238. You
should contact Council with any other use or developments, as they may require the separate
approval of Council.
C. This permit is valid for two (2) years only from the date of approval and will thereafter lapse if
the development is not substantially commenced. An extension may be granted subject to the
provisions of the Land Use Planning and Approvals Act 1993 as amended, by a request to
Council.
Other Approvals
D. This permit does not imply that any other approval required under any other by-law or legislation
has been granted.
Restrictive Covenants
E. The granting of this permit takes no account of any covenants applicable to the land. The permit
holder and any other interested party, should make their own enquires as to whether the
proposed development is effected, restricted or prohibited by any such covenant.
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If the proposal is non-compliant with any restrictive covenants, those restrictive covenants
should be removed from the title prior to construction commencing or the owner will carry the
liability of potential legal action in the future.
Appeal Provisions
F. A planning appeal may be instituted by lodging a notice of appeal with the Registrar of the
Resource Management and Planning Appeal Tribunal.
A planning appeal may be instituted within 14 days of the date the Corporation serves notice
of the decision on the applicant.
For more information see the Resource Management and Planning Appeal Tribunal website
www.rmpat.tas.gov.au
DECISION
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Plan 1 - Attachment 1
Location Plan
Address 3 Killara Avenue, Lanena
Representor
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Plan 1 - Attachment 2
Proposal Plans
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Plan 1 - Attachment 3
Scheme Assessment Report
1 DEVELOPMENT DESCRIPTION
Detailed description of the proposal: The proposal is to gain retrospective approval for a shed
measuring 7.987m x 19.817m with an apex height of 4.1m and a max wall height of 3.846m. The
shed is 1.2m from the side boundary it shares with 4 Main Road.
The application also includes a small extension of the existing dwelling and some internal alterations.
The extension of the dwelling’s footprint measures 11.91m x 1.76m. The extension and internal
alterations provides for an ensuite and robe in the main bedroom and an extension of bedroom 4.
2 SITE EVALUATION
Site analysis:-
Location: 3 Killara Avenue, Lanena.
Area: 1533 m².
Existing use/development: dwelling and outbuilding.
Surrounding use/development: single dwellings, residential outbuildings and gardens.
Vegetation: lawn, shrubs - residential garden.
INTERNAL REFERRALS
Internal referrals raised no issues.
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3 PLANNING MATTERS
The subject site is within the Low Density Residential zone.
Zone Purpose
Zone Purpose Statements
12.1.1.1 To provide for residential use or development on larger lots in residential areas
where there are infrastructure or environmental constraints that limit development.
12.1.1.2 To provide for non-residential uses that are compatible with residential amenity.
12.1.1.3 To ensure that development respects the natural and conservation values of the
land and is designed to mitigate any visual impacts of development on public views.
Existing
building
Road
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c)
impact on the amenity and privacy of
habitable room windows and private open
space of existing and adjoining dwellings;
and
d) impact on the solar access of habitable room
windows and private open space of adjoining
dwellings; and
e) locations of existing buildings and private
open space areas; and
f) size and proportions of the lot.
Officer Comments: the proposal does not comply with the Acceptable Solution - the
setback from the rear boundary is 4.932m. The proposal must therefore rely on the
Performance Criteria for compliance:
The location of the outbuilding provides for adequate private open space on the remainder
of the subject site in compliance with a); the location of buildings - mainly outbuildings
close to rear and side boundaries are common in this area; these buildings were possibly
constructed under previous planning schemes that required lesser setbacks from
boundaries – in compliance with b); the location of the shed is 38m south of the dwelling
at 8 Main Rd and 24m northeast of the dwelling at 4 Main Road. With an apex height of
4.1m and no windows towards the mentioned dwellings the proposal will have no impact
on the amenity, privacy or solar access of the adjoining dwellings in compliance with c) to
f). The proposal complies with the Performance Criteria.
A2 Buildings must be set back in P2 Building setback to the side boundary must be
accordance with Table 12.4.1.4 below. appropriate to the location, having regard to
the:
Table 12.4.1.4
a) ability to provide adequate private open
Lots 2500 m2 or less 3 metres space for the dwelling; and
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Lots exceeding 2500m 10 metre b) character of the area and location of
dwellings on lots in the surrounding area; and
c) impact on the amenity and privacy of
habitable room windows and private open
space of existing and adjoining dwellings;
and
d) impact on the solar access of habitable room
windows and private open space of adjoining
dwellings; and
e) locations of existing buildings and private
open space areas; and
f) size and proportions of the lot; and
g) extent to which the slope and retaining walls
or fences reduce or increase the impact of
the proposed variation.
Officer Comments: The location of the outbuilding provides for adequate private open
space on the remainder of the subject site in compliance with a); the location of buildings
- mainly outbuildings close to rear and side boundaries are common in this area; these
buildings were possibly constructed under previous planning schemes that required
lesser setbacks from boundaries - in compliance with b); the location of the shed is 38m
south of the dwelling at 8 Main Rd and 24m northeast of the dwelling at 4 Main Road.
With an apex height of 4.1m and no windows towards the mentioned dwellings the
proposal will have no impact on the amenity, privacy or solar access of the adjoining
dwellings in compliance with c) to f); g) is N/A to this assessment. The proposal
complies with the Performance Criteria.
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12.4.1.6 Outbuildings and Ancillary Structures
Objective
To ensure that:
a) outbuildings do not detract from the amenity or established neighbourhood character; and
b) dwellings remain the dominant built form within an area.
Acceptable Solutions Performance Criteria
A1 Outbuildings must not have a: P1 Outbuildings must be designed and located
a) combined gross floor area of greater having regard to:
than80 m2; and a) visual impact on the streetscape; and
b) maximum wall height of greater b) any adverse impacts on native vegetation;
than3.5 metres; and and
c) maximum height greater than 5 c) overshadow adjoining properties; and
metres. d) compatibility with the size and location of
outbuildings in the neighbourhood.
Officer Comments: The proposed outbuilding exceeds a floor area of 80m² and the wall
height - it being 3.846m. The proposal must rely on the Performance Criteria for
compliance:
The outbuilding is setback more than 12m from the frontage - further back than the
existing dwelling. It appears like a standard double garage with 2 roller doors - in
compliance with a); no native vegetation must be removed to accommodate the proposal -
it is a retrospective application - in compliance with b); as discussed above in this report,
due to the height of the outbuilding and the development on the adjoining lots, there is no
unacceptable overshadowing in compliance with c); outbuildings in the area are of a
variety of shapes and sizes and were constructed under various planning schemes’
requirements, the proposed outbuilding is therefore considered to be compatible with
those in the neighbourhood in compliance with d). It is considered that the proposal
complies with the Performance Criteria.
9.5 OBJECTIVES OF THE LAND USE PLANNING AND APPROVALS ACT 1993
The proposal is consistent with the objectives of the Land Use Planning and Approvals Act 1993.
1) CONCLUSION
It is considered that the proposal is reasonable and should be approved subject to the conditions
listed below.
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Plan 1 - Attachment 4
Representations
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1) Introduction
The purpose of this report is to seek Council’s approval of a revised Fraud and
Corruption Control Policy and revised Fraud and Corruption Control Plan.
Due to Councillors having responsibilities in both the Policy and the Plan the
Council is being asked to approve both documents.
2) Background
An officer-level review of the Policy and the Plan have been undertaken and
a number of minor amendments recommended. These amendments have
been reviewed and recommended for adoption by Council’s Audit Panel.
Suggested amendments to the Fraud and Corruption Control Policy are only
minor and aside from formatting mainly provide for the inclusion of volunteers
within the scope of the policy.
The Fraud and Corruption Control Policy’s main mechanism for reducing the
overall risk of fraud and corruption is through the promotion of ethical and
honest behaviour in the workplace. Accordingly the reviewed policy continues
to commit Council to providing appropriate training and awareness raising
strategies to all employees. While there has recently been a strong
educational focus on ethical behaviour the adoption of revised policies is seen
as an opportunity to provide further specific education on this topic.
In support of the policy the Fraud and Corruption Control Plan aims to:
outline management’s key leadership responsibilities in regard to
fraud and corruption;
inform all employees and Councillors of their responsibilities
regarding fraud and corruption, and detail the actions required when
fraud and corruption is suspected; and
summarise Council’s anti-fraud strategies
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3) Strategic/Annual Plan/Council Policy
4) Statutory Requirements
5) Government Departments
Not applicable.
6) Community Consultation
Not applicable.
7) Alternative Options
Not applicable.
8) Risk Assessment
9) Financial Impact
Not applicable.
RECOMMENDATION
That Council approves the adoption of the revised Fraud and Corruption
Control Policy and revised Fraud and Corruption Control Plan as presented.
DECISION
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1) Introduction
The purpose of this report is for Council to adopt the West Tamar Council
Community Plan 2018-2020.
2) Background
Five goals have been identified, each with a series of actions to be delivered
in thematic areas.
Among various other mechanisms noted in the Plan, the success of the
Community Plan will be measured biennially with officers in the Community
Services Department providing a report on tasks undertaken associated with
each goal and the relevant actions. All reports will be collated in preparation
for the 2020 complete review and update of the Community Plan. Quarterly
evaluations will be undertaken through Council’s Annual Plan and Resident
Opinion Survey Reporting.
The Community Plan sits below Council’s Strategic Plan and alongside:
Youth Strategy
Positive Ageing Strategy
Recreation Plan
Tourism Development Unit Plan
Beaconsfield Mine and Heritage Centre Marketing Plan
Social Recovery Strategy
Emergency Management Plan
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4) Statutory Requirements
Not applicable.
5) Government Departments
Activities and outcomes listed in the Community Plan link with activities of
various Tasmanian Government departments, for example:
Australia Day - Department of Premier and Cabinet, Communications
and Protocol Unit
Economic Development - Department of State Growth
West Tamar Community Safety Committee - Department of
Education, Department of Health and Human Services, Department
of Police and Emergency Management
6) Community Consultation
Qualitative/Quantitative Survey
Public participation was initially sought in the broadest form through the
widespread promotion of the Unearthing Potential survey. This process
included pop-up community engagement sessions assisting community
members to complete the survey forms as well as providing an opportunity for
officers in the department to be identified in the community. A full, un-coded
copy of the survey results can be made available.
7) Alternative Options
Council may choose not to adopt the West Tamar Council Community Plan
2018-2020.
8) Risk Assessment
Not applicable.
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9) Financial Impact
The purpose of undertaking this project internally was to ensure that the
outcome of this project aligns closely with the outputs of the Community
Services Department. The current Plan (2012-2017), although referred to by
officers, does not adequately reflect the day-to-day duties and offerings to the
community of the Department.
Key deliverables have been noted in the Plan, and while there are some
overarching and guiding statements included among the actions, this is to
ensure that the sometimes fluid nature of the officers’ roles in the Community
Services Department align with the needs and expectations of both Council
and the community.
Kaitlin Roach
COMMUNITY DEVELOPMENT OFFICER
RECOMMENDATION
That Council adopt the West Tamar Council Community Plan 2018-2020.
DECISION
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1) Introduction
The purpose of this report is to consider the tenders received for the supply and
disposal (sale) of a tractor.
2) Background
Tenders were called in December 2017 for the supply of a new 4WD tractor and
the disposal (sale) of Council’s existing tractor, a John Deere 6130. The tender
allowed for purchase only offers.
Council received eight trade and purchase tenders from six suppliers as listed
below. Prices below are exclusive of GST and include all specified accessories
and on road costs.
Three purchase only offers of $35,100, $36,363 and $32,727 (All Ex GST) were
also received.
The tractor works alongside Council’s other tractor for the purpose of roadside
vegetation control, maintaining fire breaks, road edge maintenance and
slashing large blocks of Council owned land.
Replacing the John Deere tractor contributes to Council meeting its Strategic
Plan goal of providing and maintaining an efficient and effective infrastructure
network and the Annual Plan objective to maintain the transport network to a
safe and serviceable standard.
Not replacing a major item of plant such as the John Deere tractor in a planned
financial year only passes the cost to another year and compromises the trade
value.
4) Statutory Requirements
Tenders have been invited in accordance with the requirements of section 333A
of the Local Government Act and in accordance with Statutory Rule 64 of 2005.
West Tamar Council’s code for tenders and contracts requires purchases above
$100,000 to be publically advertised and brought to Council for approval.
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5) Government Departments
Not applicable.
6) Community Consultation
Consultation was undertaken with Council tractor operators and the Fleet
Supervisor.
7) Alternative Options
The current plant replacement program has been developed taking into account
optimum changeover allowing for a reasonable spread of costs over several
years to replace plant and equipment. This is reflected in the higher than
expected trade prices.
8) Financial Impact
The 2017/18 budget allocation to replace the tractor allowed $125,000 (Ex GST)
for purchase, and a trade of $40,000 (Ex GST) resulting in a net cost of $85,000
(Ex GST).
9) Officer’s Comments
The Manager Infrastructure and Fleet Supervisor evaluated the tenders against
the criteria listed in the tender specifications. Seven of the eight tendered net
(changeover) prices were within Council’s budget allocation.
The Midland Tractors John Deere tender is the second lowest net changeover
and within Council budget. The existing (to be replaced) John Deere tractor has
provided Council with excellent trouble free service. It should be noted that both
large tractors in Council fleet are John Deere and have provided excellent
service over several years.
The approximate $1,000 difference in net trade between the New Holland and
John Deere tractors is not considered an advantage. Other net trade offers are
less advantageous to Council and therefore the John Deere is recommended.
Greg Ingham
MANAGER INFRASTRUCTURE
RECOMMENDATION
That Council accept the tender from Midlands Tractors for the supply of a new
John Deere 6110M tractor and the trade in of Council’s John Deere 6130 tractor
for the net sum of $68,727 Ex GST.
DECISION
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1) Introduction
The purpose of this report is to consider the tenders received for the pavement
reconstruction of two sections of Long Plains Road, Bridgenorth totalling 580
metres from No. 244 to No. 327.
2) Background
Long Plains Road is a 5.6m wide rural road with a speed limit of 100Km/h that
connects Frankford Road to Bridgenorth Road.
Sections of this road have been subject to regular surface failures causing
ongoing maintenance to repair potholes. This project will raise the road
surface level and strengthen the road base and be shaped to improve surface
drainage. The roadside drainage will also be significantly improved as part of
this project.
Tenders were advertised for this project and two contractors submitted tender
prices as listed below. Prices are GST exclusive.
3) Strategic/Annual Plan
The proposed upgrade works are part of the Capital Works Program for the
2017/18 financial year.
4) Statutory Requirements
West Tamar Council’s code for tenders and contracts requires purchases
above $100,000 to be publically advertised and brought to Council for
approval.
5) Government Departments
Not applicable.
6) Community Consultation
Not applicable.
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7) Financial Impact
The lowest tender came from Walters Contracting Pty Ltd at $131,059.41 exc.
GST. The Capital Works Program has allocated a total of $175,000.00 exc.
GST.
8) Alternative Options
Council is not bound to accept the lowest priced tender and may accept any
tender which it considers to be the most advantageous.
9) Risk Management
The reconstruction of Long Plains Road will reduce the ongoing high
maintenance effort that this road requires. The better road surface and
drainage will improve road safety.
The lowest priced tender received was the conforming tender submitted by
Walters Contracting Pty Ltd for the sum of $131,059.41 excluding GST. The
remaining tenders were reviewed and there is not considered to be any
financial or quality of work advantage in further considering higher priced bids.
Greg Ingham
MANAGER INFRASTRUCTURE
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RECOMMENDATION
That Council accept the tender for contract WTC 32/2017 for pavement
reconstruction of two sections of Long Plains Road, Bridgenorth to Walters
Contracting Pty Ltd for the sum of $131,059.41 excluding GST.
DECISION
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1) Introduction
The purpose of this report is to consider the tenders received for the road
widening and kerb replacement on Farmer Street, Riverside, between
Cleghorn Avenue and Fairway Crescent.
2) Background
Currently Farmer Street is a 6.4m wide sealed road with kerbs on both sides
and a footpath on the Eastern side.
Due to the street being used as a bus route, a design was undertaken by
Council to widen the road and associated stormwater upgrading to the existing
stormwater system.
Tenders were advertised for this project and 2 contractors submitted tender
prices as listed below. All prices are GST exclusive.
3) Strategic/Annual Plan
The proposed upgrade works are part of the Capital Works Program for the
2017/18 financial year.
4) Statutory Requirements
West Tamar Council’s code for tenders and contracts requires purchases
above $100,000 to be publically advertised and brought to Council for
approval.
5) Government Departments
Not applicable.
6) Community Consultation
Not applicable.
7) Financial Impact
The lowest tender came from J & J M Williams Pty Ltd at $141,213.64
excluding GST. The Capital Works Program has allocated a total of
$188,000.00 excluding GST.
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There is also $32,000 (incl. GST) of works to be undertaken for the shifting of
the existing Telstra and NBN poles, cables and pits to allow for the widening
of the road. This work is to be carried out by Telstra and NBN Co.
8) Alternative Options
Council is not bound to accept the lowest priced tender and may accept any
tender which it considers to be the most advantageous.
9) Risk Management
The upgrade of the stormwater network will control the extensive amount of
overflow that is currently running down the kerb line.
The lowest priced tender received was the conforming tender submitted by J
& J M Williams Pty Ltd for the sum of $141,213.64 excluding GST. The
remaining tenders were reviewed and there is not considered to be any
financial or quality of work advantage in further considering higher priced bids.
Greg Ingham
MANAGER INFRASTRUCTURE
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RECOMMENDATION
That Council accept the tender for contract WTC 30/2017 for road widening
and kerb replacement on Farmer Street, Riverside, between Cleghorn Avenue
and Fairway Crescent to J & J M Williams Pty Ltd for the sum of $141,213.64
excluding GST.
DECISION
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