cabonne Council colour 200 wide

 

 

 

 

 

 

15 March 2011

 

 

NOTICE OF ORDINARY COUNCIL MEETING

 

Your attendance is respectfully requested at the Ordinary Meeting of Cabonne Council convened for Monday 21 March, 2011 commencing at 9.30am, at the Cabonne Shire Office, Bank Street, Molong to consider the undermentioned business.

 

Yours faithfully,

 

 

a GM signature

GLP Fleming

GENERAL MANAGER

 

ORDER OF BUSINESS

 

1)       Open Ordinary Meeting

2)       Consideration of Mayoral Minute

3)       Consideration of General Manager’s Report

4)       Matters of Urgency

5)       Resolve into Committee of the Whole

a)    Consideration of Closed Items

6)       Adoption of Closed Committee of the Whole Report

 

 

 

 

 

 


 

ATTENDEES – MONTH 2011 COUNCIL MEETING

 

 

10.20am

Lesley Bye of Molong – Volunteer of the Month

11.15am

Applicant and Objector DA 2010/177

11.30am

Stephen Nugent – Greens Candidate for Orange

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

 

http://cc2k/intranet/images/cabonne%20Council%20colour.JPG

 

 

 

 

COUNCIL’S MISSION

“To be a progressive and innovative Council which maintains relevance through local governance to its community and diverse rural area by facilitating the provision of services to satisfy identified current and future needs.”

 

 
 

 

 


         

 

 

 

 

 

 

 

 

 

COUNCIL’S VISION

Cabonne Council is committed to providing sustainable local government to our rural communities through consultation and sound financial management which will ensure equitable resource allocation.

 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 


GENERAL MANAGER’S REPORT ON MATTERS FOR DETERMINATION SUBMITTED TO THE Ordinary Council Meeting TO BE HELD ON Monday 21 March, 2011

Page 1

TABLE OF CONTENTS

 

 

 

ITEM 1      APPLICATIONS FOR LEAVE OF ABSENCE.................................. 5

ITEM 2      DECLARATIONS OF INTEREST....................................................... 5

ITEM 3      DECLARATIONS OF POLITICAL DONATIONS ............................ 6

ITEM 4      MAYORAL MINUTE - APPOINTMENTS........................................... 6

ITEM 5      CONFIRMATION OF THE MINUTES................................................. 7

ITEM 6      BUSINESS PAPER ITEMS FOR NOTING........................................ 7

ITEM 7      Questions For Next Meeting................................................... 8

ITEM 8      NATIONAL GENERAL ASSEMBLY 2011 - CALL FOR MOTIONS    8

ITEM 9      ONE ASSOCIATION........................................................................... 10

ITEM 10    CONSTITUTIONAL RECOGNITION OF LOCAL GOVERNMENT 11

ITEM 11    CENTROC Submission – Inquiry into the National Broadband Network............................................................................................ 12

ITEM 12    SHIRES ASSOCIATION OF NSW ANNUAL CONFERENCE 2011 13

ITEM 13    RURAL FIRE SERVICE - PROGRAM CHARGES........................ 15

ITEM 14    INTEGRATED PLANNING & REPORTING - PROGRESS REPORT 17

ITEM 15    RENT FOR GP ROOM AT WALUWIN COMMUNITY CENTRE. 18

ITEM 16    Yeoval and District Men's Shed ........................................ 19

ITEM 17    2010/2011 MANAGEMENT PLAN - SECOND QUARTERLY REVIEW TO 31 DECEMBER.......................................................................................... 20

ITEM 18    RECISSION MOTION - RURAL FIRE SERVICE ALLOCATIONS 21

ITEM 19    2011/2012 DRAFT MANAGEMENT PLAN AND BUDGET......... 22

ITEM 20    CENTRAL WEST LIBRARIES - DRAFT MANAGEMENT PLAN AND BUDGET 2011/12.................................................................................................. 23

ITEM 21    COMMUNITY SERVICES COMMITTEE MEETING...................... 24

ITEM 22    ECONOMIC DEVELOPMENT & TOURISM COMMITTEE MEETING 25

ITEM 23    INAUGURAL REPORT OF THE AUSTRALIAN RURAL ROADS GROUP 26

ITEM 24    BOTTLED WATER ALLIANCE......................................................... 27

ITEM 25    INFRASTRUCTURE AUSTRALIA - REVIEW OF WATER QUALITY AND SECURITY............................................................................................ 28

ITEM 26    ROAD CLOSURE IN CABONNE SHIRE........................................ 32

ITEM 27    WORKS COMMITTEE MEETING MINUTES.................................. 33

ITEM 28    TRAFFIC COMMITTEE MINUTES................................................... 34

ITEM 29    VILLAGE ENCHANCEMENT PROGRAM - OVERVIEW ............ 34

ITEM 30    AMSAG CAR RALLY - FORBES/CABONNE Saturday 18th June     37

ITEM 31    Request for donation to reimburse development application fees...................................................................................................... 39

ITEM 32    NETWASTE REGIONAL SUSTAINABILITY ACTION PLAN..... 40

ITEM 33    S82 REVIEW - DEVELOPMENT APPLICATION 2010/177 - LOT 100 DP 1145134, FOUR MILE CREEK ROAD, SPRINGSIDE - ANIMAL BOARDING AND TRAINING ESTABLISHMENT AND ANCILLARY DWELLING...................... 43

ITEM 34    MODIFICATION OF DEVELOPMENT APPLICATION 2008/163
THIRTEEN (13) LOT SUBDIVISION AT LOT 29 DP 1112219, TILGA STREET, CANOWINDRA....................................................................................
45

ITEM 35    DEVELOPMENT APPLICATION 2011/77
TOURIST FACILITY (TOURIST CABIN AND BED AND BREAKFAST) AND ANCILLARY DWELLING
LOT 100 DP 1031436, 1034 THE ESCORT WAY, BORENORE
49

ITEM 36    ENVIRONMENTAL SERVICES AND SUSTAINABILITY COMMITTEE MEETING................................................................................................................. 50

Confidential Items

 

Clause 240(4) of the Local Government (General) Regulation 2005 requires Council to refer any business to be considered when the meeting is closed to the public in the Ordinary Business Paper prepared for the same meeting.  Council will discuss the following items under the terms of the Local Government Act 1993 Section 10A(2), as follows:

 

ITEM 1      CARRYING OF COUNCIL INTO CLOSED COMMITTEE OF THE WHOLE MEETING

Procedural

ITEM 2      ENDORSEMENT OF PROCEEDINGS OF CONFIDENTIAL MATTERS CONSIDERED AT COMMITTEE OF THE WHOLE MEETING

Procedural

ITEM 3      GELATO FACTORY MOLONG

(d) (i) commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it

ITEM 4      DEBT RECOVERY REPORT OF OUTSTANDING RATES DEBTS

(b) matters in relation to the personal hardship of a resident or ratepayer

ITEM 5      OUTSTANDING PUBLIC LIABILITY INSURANCE CLAIMS

(g) advice concerning litigation, or advice as comprises a discussion of this matter, that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege

ITEM 6      Canowindra Pool Longterm Plan

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

ITEM 7      Proposed Engineering and Technical Services Structure and Resourcing

(a) personnel matters concerning particular individuals (other than councillors)

ITEM 8      QUARRY REVIEW COMMITTEE MEETING MINUTES

Procedural

ITEM 9      LAND DEVELOPMENT SUB COMMITTEE MEETING

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

ITEM 10    DEVELOPMENT APPLICATION - PROPOSED DWELLING, LOT 3 DP 871725, 95 CURTIN ROAD, BORENORE

(g) advice concerning litigation, or advice as comprises a discussion of this matter, that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege   

 

ANNEXURE ITEMS

 

ANNEXURE 5.1    February 21 2011 Ordinary Council minutes 52

ANNEXURE 5.2    March Extraordinary Minutes............................. 73

ANNEXURE 9.1    One Association - decisions................................... 77

ANNEXURE 11.1  Centroc Submission - Inquiry into the NBN... 79

ANNEXURE 16.1  Letter re purchase of Masonic Lodge Yeoval   92

ANNEXURE 21.1  Mar2011-CommServ-Rpt.............................................. 94

ANNEXURE 22.1  March EDT Minutes....................................................... 98

ANNEXURE 23.1  Going Nowhere - Inaugural Report of the Australian Rural Roads Group................................................... 104

ANNEXURE 24.1  Request for Cabonne Council to become members of the Bottled Water Alliance........................................ 107

ANNEXURE 25.1  Recommendations - water reform.................. 114

ANNEXURE 26.1  W478276 Road Closure Map.................................... 118

ANNEXURE 26.2  W481737 Road Closure Map.................................... 119

ANNEXURE 26.3  W481737a Road Closure Map................................. 120

ANNEXURE 26.4  W481737b Road Closure Map................................. 121

ANNEXURE 26.5  W481737c Road Closure Map................................. 122

ANNEXURE 26.6  W481737d Road Closure Map................................. 123

ANNEXURE 27.1  march2011-works minutes..................................... 124

ANNEXURE 28.1  Traffic committee minutes................................... 129

ANNEXURE 33.1  S82 REVIEW OF DETERMINATION draft conditions mastrangeli................................................................... 133

ANNEXURE 34.1  Proposed modified subdivision plan DA 2008-163 147

ANNEXURE 34.2  Objection to modification of DA 2008-163.... 148

ANNEXURE 34.3  Draft Conditions of Consent Mod DA 2008-163-Robson      149

ANNEXURE 34.4  Report to ESC 7 February 2011 for Modification DA 2008-163                                                                                                 161

ANNEXURE 35.1  Report to ESC 7 March 2011 for DA 2011-77-tourist facility and ancillary dwelling......................................... 181

ANNEXURE 35.2  Minutes for Committee Meeting held 7 March 2011 for item 7 DA 2011-77....................................................................... 203

ANNEXURE 35.3  Draft Conditions of Consent DA 2011-77...... 205

ANNEXURE 36.1  March Environmental Services Minutes..... 217 

 


 

 

ITEM 1 - APPLICATIONS FOR LEAVE OF ABSENCE

REPORT IN BRIEF

 

Reason For Report

To allow tendering of apologies for Councillors not present.

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

GOVERNANCE - Procedural

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 217872

 

General Manager's REPORT

 

A call for apologies is to be made.

 

 

Recommendation

 

THAT any apologies tendered be accepted and the necessary leave of absence be granted.

 

 

ITEM 2 - DECLARATIONS OF INTEREST

REPORT IN BRIEF

 

Reason For Report

To allow an opportunity for Councillors to declare an interest in any items to be determined at this meeting.

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

GOVERNANCE - Procedural

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 217923

 

General Manager's REPORT

 

A call for declarations of interest.

 

 

Recommendation

 

THAT the Declarations of Interest be noted.

 

 

 

 

ITEM 3 - DECLARATIONS OF POLITICAL DONATIONS

REPORT IN BRIEF

 

Reason For Report

To allow an opportunity for Councillors to declare any political donations received.

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

GOVERNANCE - Procedural

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 217934

 

General Manager's REPORT

 

A call for Political Donations.

 

 

Recommendation

 

THAT any Political Donations be noted.

 

 

ITEM 4 - MAYORAL MINUTE - APPOINTMENTS

REPORT IN BRIEF

 

Reason For Report

To allow noting of the Mayoral appointments plus other Councillors' activities Reports.

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Governance

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 217952

 

General Manager's REPORT

 

A call for the Mayoral appointments and attendances as well as other Councillors’ activities reports to be tabled/read out.

 

 

Recommendation

 

THAT the information contained in the Mayoral Minute be noted.

 

 

 

ITEM 5 - CONFIRMATION OF THE MINUTES

REPORT IN BRIEF

 

Reason For Report

Adoption of Minutes

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

GOVERNANCE - Procedural

Annexures

1.  February 21 2011 Ordinary Council minutes

2.  March Extraordinary Minutes    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 217963

 

General Manager's REPORT

 

The following minutes are attached for endorsement.

1.   Minutes of the Ordinary Council meeting held on 21 February 2011.

2.   Minutes of the Extraordinary meeting held on 7 March 2011.

 

Recommendation

 

THAT the minutes of the Ordinary Meeting held on 21 February 2011 and the Extraordinary Meeting held on 7 March 2011 be adopted.

 

 

 

ITEM 6 - BUSINESS PAPER ITEMS FOR NOTING

REPORT IN BRIEF

 

File Number

217988

Reason For Report

Provides an opportunity for Councillors to call items for noting for discussion and recommends remainder to be noted.

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Administration

Annexures

Nil   

 


General Manager's REPORT

 

In the second part of Council’s Business Paper are items included for Council’s information.

 

In accordance with Council’s format for its Business Paper, Councillors wishing to discuss any item are requested to call that item.

 

 

Recommendation

 

THAT:

1.         Councillors call any items they wish to further consider.

2.         The balance of the items be noted.

 

 

 

ITEM 7 - Questions For Next Meeting

REPORT IN BRIEF

 

Reason For Report

To provide Councillors with an opportunity to ask questions/raise matters which can be provided/addressed at the next Council Meeting.

Policy Implications

Consistent with Council's Meetings Practice Policy

Budget Implications

Nil

Area of Responsibility

Council Meetings

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 222727

 

Administration Manager's REPORT

 

A call for questions for which an answer is to be provided if possible or a report submitted to the next Council meeting.

 

 

Recommendation

 

THAT Council receive a report at the next Council meeting in relation to questions asked / matters raised where necessary.

 

 

 


ITEM 8 - NATIONAL GENERAL ASSEMBLY 2011 - CALL FOR MOTIONS

REPORT IN BRIEF

 

Reason For Report

To determine Motions to be submitted to the 2011 National General Assembly

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Government Relations

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 224090

 

General Manager's REPORT

 

Council at its February meeting received a report in relation to the National General Assembly (NGA) for Local Government to be held in Canberra from 19-22 June.  In considering the report, Council asked that a further report be submitted with any suggested Motions and, as a result, all Councillors have been contacted to provide suggestions and the matter has been discussed at a Senior Staff level.  To date suggestions received refer to existing policy, do not relate to National Issues (eg NSW RFS Program Charges) or don’t fit within the Conference theme.

 

Councillors should note that to be eligible for the NGA Business Paper, Motions must follow the following principles:

 

1.   Fall under one of the themes of partnership, place or position.

 

2.   Be relevant to the work of local government nationally.

 

3.   Compliment or build on the policy objectives of State and Territory Associations.

 

Council will need to give consideration to its attendance at the NGA by the Mayor or his representative and the General Manager.  It should be noted however, that the NGA does coincide with Council’s June Council meeting which is scheduled for Monday 20 June 2011.

 

 

Recommendation

 

THAT Council determine whether it wishes to be represented at the National General Assembly by the Mayor or his delegate and the General Manager.

 

 

 

 

ITEM 9 - ONE ASSOCIATION

REPORT IN BRIEF

 

Reason For Report

Update on Shires Assocation Special Conference to deal with the issue of One Association

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Government Relations

Annexures

1.  One Association - decisions    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 224978

 

General Manager's REPORT

 

The Mayor, Clrs Culverson and Duffy and the General Manager attended the Shires Association of NSW One Association Special Conference where it was agreed to continue to progress the formation of a single Association to represent Local Government in NSW.

 

More than 150 representatives from 78 shires gathered in Sydney to formally discuss and finalise the 27 principles that were agreed to at the Local Government and Shires Associations' (LGSA) One Association Convention in Sydney in August 2010.

 

Councillors will recall that the Local Government Association endorsed the 27 principles at their Conference in Albury in October, voting with overwhelming support to adopt the formal recommendations.

 

The matter will now be further considered by the Local Government Association and, subject to their considerations, action will be taken to prepare a draft constitution for the new Association.

 

Council at a workshop conducted late last year did express some concern about representation for our region and one of the pleasing aspects from the One Association Special Conference was that the Shires unanimously supported a principle (no 28) that the Rural/Regional Division be broken into 10 zones for the purpose of the election of members of the Board.

 

The formation of a new Association, if it is to happen, will be a long and involved process which will be subject of a further report to the 2011 Annual Shires Conference.  It is likely, pending the outcome of any decisions from that Conference, that the formation of One Association will be finalised in early to mid 2012.

 

It is emphasised that any decision to form One Association will need to be considered by all NSW Councils and formally endorsed by both the Shires Association and Local Government Association at future annual conferences.

 

The Mayor, Clrs Culverson and Duffy would be available to provide any further information should councillors require it on meeting day.

 

 

Recommendation

 

THAT;

 

1.  Council note the outcomes from the Special Conference for One Association.

2.  A further report be presented to Council after the matter has been considered by the Local Government Association.

 

 

 

ITEM 10 - CONSTITUTIONAL RECOGNITION OF LOCAL GOVERNMENT

REPORT IN BRIEF

 

Reason For Report

Providing an update of progress of the ALGA campagin for a referendum on the constitutional recognition of local government.

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Government Relations

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 224990

 

General Manager's REPORT

 

Council will be aware of the Australian Local Government Associations (ALGA) campaign for a referendum on the constitutional recognition of local government.  Further correspondence has been received inviting Council to become directly engaged in the campaign for constitutional recognition.

 

Following the 2010 Federal Election a commitment to holding a dual referendum on the constitution recognition of local government and the recognition of Indigenous Australians was made.  The referendum will most likely be held in conjunction with the 2013 Federal Election and the challenge for local government is now to ensure the referendum is held, to ensure that the type of recognition sought meets our requirements and to make sure we have a positive result in the referendum itself.

 

The ALGA have asked all councils to pass a resolution during the first few months of 2011 endorsing the position that a referendum be held by 2013 to change the Constitution to allow direct funding of local government bodies by the Commonwealth Government and also to include local government in any new Preamble to the Constitution if one is proposed.

 

The suggested resolution reads as follows:

 

“Cabonne Council declares its support for financial recognition of local government in the Australian Constitution so that the Federal Government has the power to fund local government directly and also for inclusion of local government in any new Preamble to the Constitution if one is proposed, and calls on all political parties to support a referendum by 2013 to change the Constitution to achieve this recognition.”

 

It is the ALGA’s intention that a Constitutional Declaration for Councils will be submitted for signature by council representatives at the conclusion of the 2011 National General Assembly of Local Government on 22 June 2011 and the objective is that all councils will be in a position to sign the Declaration supporting financial recognition at that time.

 

 

 

Recommendation

 

THAT Council consider passing the suggested Motion or one similar in support of the Constitution Recognition of Local Government.

 

 

ITEM 11 - CENTROC Submission – Inquiry into the National Broadband Network

REPORT IN BRIEF

 

Reason For Report

Providing Council with a copy of the CENTROC Submission to the House of Representatives Standing Committee on Infrastructure and Communications – Inquiry into the National Broadband Network

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Government Relations

Annexures

1.  Centroc Submission - Inquiry into the NBN    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 224598

 

General Manager's REPORT

 

CENTROC has lodged a submission to the House of Representatives Standing Committee on Infrastructure and Communications Inquiry into the National Broadband Network.

 

The Committee has been asked to 'examine the capacity of the National Broadband Network to contribute to:

 

·      the delivery of government services and programs;

·      achieving health outcomes;

·      improving the educational resources and training available for teachers and students;

·      the management of Australia's built and natural resources and environmental sustainability;

·      impacting regional economic growth and employment opportunities;

·      impacting business efficiencies and revenues, particularly for small and medium business, and Australia's export market;

·      interaction with research and development and related innovation investments;

·      facilitating community and social benefits; and

·      the optimal capacity and technological requirements of a network to deliver these outcomes.'

 

In summary, CENTROC’s policy with regard to the NBN is as follows:

 

a)   Any upgrades be affordable and will scale into the future with the growth of broadband needs.

b)   There be wholesale access to infrastructure.

c)   There be price parity.

d)   There be no overbuild.

e)   The regulatory environment be amended to enable the above.

f)    That the CENTROC region be considered early in the roll out as it is broadband ready and is an area of need.

 

A copy of the submission is attached for Council’s information.

 

 

Recommendation

 

THAT Council support the CENTROC Submission and avail itself to any opportunities to advance the matter for the benefit of Cabonne residents.

 

 

ITEM 12 - SHIRES ASSOCIATION OF NSW ANNUAL CONFERENCE 2011

REPORT IN BRIEF

 

Reason For Report

To advise Councillors of the upcoming Shires Association of NSW Annual Conference Call for Motions and to determine Council representatives

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Government Relations

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 226607

 

General Manager's REPORT

 

The Annual Conference of the Shires Association, incorporating the LGMA Forum will be held in Sydney from 30 May until 1 June.  The Associations have advised that the date for submission of motions is Monday 4 April.

 

The theme for this year’s conference is “Modernisation – it’s our time” and a number of high profile guest speakers have been invited.

 

Council’s policy for the attendance of delegates and representatives at the Shires Association Conference is that the Mayor attends, if available, as Council’s Official Delegate, with the General Manager attending in an advisory capacity. Council’s Policy also provides for up to two other Councillors being able to attend as Observers and/or substitute Delegates in the absence of the Mayor for any reason during the Conference itself.

 

Council submitted a Motion to the E Division Conference in relation to Program Charges for the Rural Fire Service, as follows:

 

THAT:

 

1.   In view of the excessive increases in Program Charges from the Rural Fire Service, that they be requested to provide more extensive break-up of Program Charges which have been thrust upon Councils.

 

2.   The Rural Fire Service also provide details concerning the methodology for the calculation of contributions by local government Councils.”

 

This Motion was carried unanimously by E Division and will now go to the Annual Conference.

 

In the past Council has submitted Motions to the Conference on a range of issues including road funding, container deposit legislation, climate change, inquiry into NSW Water & Sewer Services, medical and health related issues and noxious weeds.  Many of these Motions have gone to form part of what is currently Shires Association policy.

 

Should there be any further matters that Councillors believe should be submitted to the Shires Association Conference they are asked  to give consideration to them and raise it at the March meeting.


 

Recommendation

 

THAT Council be represented at the 2011 Shires Association Annual Conference by the Mayor, or his alternate delegate, two observers nominated by Council and the General Manager.

 

 

 

 

ITEM 13 - RURAL FIRE SERVICE - PROGRAM CHARGES

REPORT IN BRIEF

 

Reason For Report

Update Council on developments in relation to excessive increase in Program Charges by Rural Fire Service

Policy Implications

Yes

Budget Implications

Yes

Area of Responsibility

Emergency Services

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 226652

 

General Manager's REPORT

 

Council at its February meeting received a further report in relation to the excessive increase in contributions to the Rural Fire Service (RFS) as a result of their imposition of additional Program Charges.

 

Council has previously resolved that, based on information currently before Council, that Council withhold any additional Rural Fire Service contributions above the 2010/2011 budget allocations as previously approved by Council.

 

Council has also previously submitted a late motion to the E Division Conference which stated:

 

“THAT:

 

1.    In view of the excessive increase in Program Charges from the Rural Fire Service, they be requested to provide more extensive breakup of Program Charges which have been thrust upon Councils.

2.    The Rural Fire Service provide details concerning the methodology of the calculations of contributions by Local Government Councils.”

 

This Motion was carried unanimously by the E Division Conference and will now be referred to the Annual Conference of the Shires Association to be held in late May/early June.

 

Council at its February meeting then resolved:

 

“THAT:

 

1.    The Rural Fire Service be advised that Council’s contribution for 2010/2011 is $152,031 as previously advised.

2.    Council defer the contribution to construction of one bushfire shed until the 2011/2012 financial year.

3.    A further report be presented to Council on the matter of RFS contributions when additional information is to hand.”

 

Since Council’s February meeting there have been a number of actions that have taken place including:

 

·        Discussions between the Shires Association and the State Government in relation to Program Charges.

·        Discussions with the Coalition in relation to Program Charges.

·        The Coalition have undertaken to review RFS funding and Program Charges.

·        The Shires Association is currently evaluating information provided by member Councils.

·        A recent media report in Daily Telegraph of 12/3/11 indicated that an oversight has left the RFS with a tax debt claimed to be as much as $6M that will come at the cost of essential equipment used by volunteers.  The newspaper article states that the debt has arisen due to unpaid fringe benefits tax incurred by about 200 staff who leased private cars through salary sacrifice.  But instead of forcing staff to cover the shortfall, back-dated to 2008, the RFS has agreed to pay the debt out of the Rural Fire Fighting Fund, the central account that bankrolls essential fire safety gear, equipment and tankers used by volunteer brigades.  RFS Commissioner Shane Fitzsimons has dismissed the $6 million figure as “widely inaccurate”.  While the cost is being calculated “the potential impact is likely to be less than half of that”.  Further discussions to be held with the ATO.

·        The Shires Association have scheduled discussion on the RFS and Program Charges for its Annual Conference.  This will include an address by the Minister for Emergency Services.

·        There has been wide spread concern amongst Councils in NSW about the significant increase in Program Charges.

 

Council’s adopted budget for 2010/2011 included Rural Fire Fighting fund contributions of $152,031.  Further advice from the RFS is that the contribution would increase to $184,901.

 

The matters that Council raised in terms of details concerning the break-up of Program Charges and the methodology of calculation of contributions are at the core of the issue.  Without these details and the outcomes of the State Election still to be determined, it is difficult for Cabonne and, indeed, most Rural Councils to make final determination on this matter.

 

It may well be, that when all information is received and that if it can be justified, that Council will be in a position to reconsider its stance.

 

Further information will be presented to Council as it comes to hand.

 

 

 

Recommendation

 

THAT the information be noted.

 

 

 

 

ITEM 14 - INTEGRATED PLANNING & REPORTING - PROGRESS REPORT

REPORT IN BRIEF

 

Reason For Report

To provide an update on the progress of Council's Integrated Planning & Reporting

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Corporate Management

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 225651

 

Director of Finance and Corporate Services' REPORT

 

As Council would be aware, Cabonne has been listed as a group 3 Council for the purposes of Integrated Planning and Reporting and as such will be required to transfer to the new legislative reporting framework from 1st July 2012.

 

Under the Integrated Planning and Reporting legislation, Council is required to develop a number of strategies and plans and engage in community consultation. These include:-

 

·    Planning seminars and information sessions

·    Community engagement strategy

·    Community consultations

·    Community strategic plan

·    Resourcing plans for

o Workforce management

o Asset management

o Long term financing

·    Delivery programs

·    Operational plan

·    Annual report and progress reports

 

These matters were discussed at a meeting involving affected staff held on 3rd March 2011 and compared to the various stages of progress with Council’s Alliance Partners with a view to progressing the Integrated Planning and Reporting requirements as an Alliance project.

 

It is proposed that the Alliance will apply for grant funding to assist with the development of the required components of the plan with a view to calling for expressions of interest to address the joint needs of the Alliance partners.

 

While each Council has made good progress in different areas, it is felt that by engaging consultants to prepare a draft that considerable savings would be achieved while at the same time the member Councils would be working on similar base documents which would further enhance the strength of the Alliance. 

 

 

Recommendation

 

THAT Council participate in calling the expressions of interest to meet its Integrated Planning and Reporting requirements in conjunction with the WBC Alliance.

 

 

 

 

ITEM 15 - RENT FOR GP ROOM AT WALUWIN COMMUNITY CENTRE

REPORT IN BRIEF

 

Reason For Report

To determine whether rent should be waived temporarily for Dr Zambo at the Waluwin Centre

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Finance and Corporate Services

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 225825

 


Director of Finance and Corporate Services' REPORT

 

Council has received a letter from the NSW Central West Division of General Practice requesting that rent be waived until 1st July 2011 for the GP room occupied by Dr Zambo whilst he builds up his referrals and achieves an adequate income.

 

Dr Zambo joined the practice in November 2010 on a temporary part-time basis to assess the financial feasibility of providing general practice services in Molong.

 

Council has not previously waived fees for General Practitioner rentals and has historically only assisted on an “in-kind” basis with the recruitment of medical practitioners. Current rental for the room occupied is $ 110 (including GST) per week plus a proportion of utilities, which would otherwise have to be paid by Council.

 

 

Recommendation

 

THAT Council decline to waive the fees for rent of the room occupied by Dr Adrian Zambo at the Waluwin Centre.

 

 

 

 

ITEM 16 - Yeoval and District Men's Shed

REPORT IN BRIEF

 

Reason For Report

Request for Council to purchase Yeoval Masonic Lodge as Men's Shed.

Policy Implications

Nil

Budget Implications

No funds allocated in 2010/11 budget

Area of Responsibility

Finance and Corporate Services

Annexures

1.  Letter re purchase of Masonic Lodge Yeoval    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 225838

 

Director of Finance and Corporate Services' REPORT

 

Council has received a letter from Yeoval and District Men’s Shed Incorporated, a copy of which is annexed to this report for Councillors information.

 

The letter outlines the value of a men’s shed to the community and the purposes that such sheds serve in regards to the health and wellbeing of men in the community.

 

At the present time the Yeoval and District Men’s Shed Inc have no permanent residence to conduct their activities though they do currently have the use of a Yeoval Show Society pavilion on the showground. This however, does mean that they are subject to Yeoval Show Society conditions at show time and other show society commitments.

 

The President of the Yeoval and District Men’s Shed has advised that the Yeoval Masonic Lodge building is currently for sale and has suggested that Council purchase the Lodge and allow use of the building by the group for the Yeoval and District Men’s Shed.

 

Council has previously only made nominal contributions to the Men’s Shed program and the purchase of a property could set a precedent as well as creating unknown recurrent costs such as rates, insurance and maintenance.

 

 

 

Recommendation

 

THAT Council not pursue the purchase of the Yeoval Masonic Lodge for the purposes of allowing its use as the Yeoval Men’s Shed and assist the group with sourcing grant funding to enable them to pursue other options.

 

 

 

 

ITEM 17 - 2010/2011 MANAGEMENT PLAN - SECOND QUARTERLY REVIEW TO 31 DECEMBER

REPORT IN BRIEF

 

Reason For Report

Providing the second quarterly progress report on Council's 2010/2011 Management Plan

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Corporate Management/Planning

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 226470

 

Director of Finance and Corporate Services' REPORT

 

The Local Government Act requires Council to consider a quarterly report on the review of its annual Management Plan.

 

The second Quarterly Management Plan review for 2010/2011 was provided with the business papers for the February Council Meeting.

 

At that meeting it was resolved:

 

“That this matter be adjourned to the March meeting and that a meeting be held including the Mayor, Deputy Mayor, Clr Bleakley and the General Manager prior to that meeting.”

 

The Mayor is currently attempting to arrange a meeting with Clr Bleakley, however the Management Plan requires adoption to meet Council’s statutory obligations.

 

 

Recommendation

 

THAT subject to any alterations that the Council deems necessary at the March meeting, the update of the Management Plan to 31 December 2010, as presented be adopted.

 

 

 

 

ITEM 18 - RECISSION MOTION - RURAL FIRE SERVICE ALLOCATIONS

REPORT IN BRIEF

 

Reason For Report

Rescission Motion

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Governance

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 226472

 

Director of Finance and Corporate Services' REPORT

 

A Rescission Motion has been received, duly signed by Clrs Duffy, Culverson and Dean which reads:

 

We the undersigned herby give notice of intention to rescind the following motion:-

 

“THAT:

 

1.   The Rural Fire Service be advised that Council’s contribution for 2010/2011 is $152,031 as previously advised.

 

2.   Council defer the contribution to construction of one bushfire shed until the 2011/2012 financial year.

 

3.   A further report be presented to Council on the matter of RFS contributions when additional information is to hand.”

 

Carried 11/02/08

 

And foreshadow the following notice of motion:-

 

“THAT:

 

1.   The Rural Fire Service be advised that Council’s contribution for 2010/2011 is $168,521.00.

 

2.   Council not defer the contribution to construction of one bushfire shed until the 2011/2012 financial year.

 

3.   The Canobolas Zone Commander be invited to address Council as part of the budget process.”

 

 

K Duffy                            J Culverson                   G Dean

 

In order for Council to consider the Rescission Motion on the day it will have to be moved and seconded.

 

 

 

Recommendation

 

THAT the Rescission Motion be received.

 

 

 

ITEM 19 - 2011/2012 DRAFT MANAGEMENT PLAN AND BUDGET

REPORT IN BRIEF

 

Reason For Report

To advise Council that a copy of the 2011/12 Draft Management Plan and Budget is to be provided on April Council meeting day and of the need to call Extraordinary meetings relating to the Management Plan/Budget process.

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Governance

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 226476

 

Director of Finance and Corporate Services' REPORT

 

Council is advised that a copy of the Draft Management Plan (including the Budget) for 2011/12 will be provided on April Council meeting day.

 

In order to consider the Draft Management Plan, Council needs to hold an Extraordinary Council meeting on May Committee meeting day viz. 2 May 2011. At that time Council would resolve to advertise the Draft Plan inviting submissions.

 

In order to consider submissions received, Council needs to hold an Extraordinary Council meeting on June Committee day viz. 6 June 2011.

 

Council will consider/adopt the Final Plan at the June Council meeting day viz. 20 June 2011.

 

Formal requests will be required to enable the calling of the extraordinary meetings.

 

 

Recommendation

 

THAT Council:

 

1.      Receive a copy of the Draft Management Plan on April Council meeting day.

2.      Hold extraordinary Council meetings on 2 May 2011 and 6 June 2011 as required for the Management Plan process.

 

 

 

 

ITEM 20 - CENTRAL WEST LIBRARIES - DRAFT MANAGEMENT PLAN AND BUDGET 2011/12

REPORT IN BRIEF

 

Reason For Report

For Council to adopt the Central West Libraries (CWL) Management Plan for 2011/12

Policy Implications

Nil

Budget Implications

Yes - consistent with CWL Management Plan budget

Area of Responsibility

Libraries

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 226003

 

Administration Manager's REPORT

 

A meeting of the Central West Libraries Committee was held on 7 March 2011 and was attended by Council’s Administration Manager as alternate delegate (the date was a Cabonne Committees meeting date and the CWL delegates attended those).

 

One of the agenda items was the CWL Draft Management Plan 2011/2012.

 

The Government per Capita Grant to Cabonne Council 2011/2012 is expected to be $42,190.  It is proposed that Council makes a further contribution of $180,187 in 2011/2012 which is a 1.65% increase.

 

Most operating incomes, expenditures and capital expenditures have been increased by 2.8% in line with the Rate Cap released by IPART at the end of January 2011.

 

The exceptions to the above include salaries, oncosts, superannuation contributions, accommodation costs and training costs where the best estimation of the increases that are anticipated for these services was used.

 

As in previous years, the estimates have been prepared to show the shared operational costs and the individual member Council costs that relate to the service that each Council has determined to be suitable for their communities.

 

The estimates have been prepared using extensive parameters as detailed in the CWL Financial Accountant’s covering report – a copy is available from the Administration Manager on request as is a copy of the 2011/2012 draft Management Plan. 

 

Council is requested to adopt the CWL Management Plan 2011/2012.

 

 

Recommendation

 

THAT Council adopt the 2011/2012 Central West Libraries Management Plan.

 

 

 

 


ITEM 21 - COMMUNITY SERVICES COMMITTEE MEETING

REPORT IN BRIEF

 

File Number

226730

Reason For Report

Adoption of Community Services Committee Recommendations

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Community Services

Annexures

1.  Mar2011-CommServ-Rpt    

 

Community Services Manager's REPORT

 

Attached is the report of the Community Services Committee Meeting of Cabonne Council held on 7 March 2011 for Council’s adoption.

 

Recommendation

 

THAT the report and recommendations of the Community Services Committee Meeting of Cabonne Council held on 7 March 2011 be adopted.

 

 

ITEM 22 - ECONOMIC DEVELOPMENT & TOURISM COMMITTEE MEETING

REPORT IN BRIEF

 

Reason For Report

Adoption of Economic Development & Tourism Committee Recommendations

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Economic Development

Annexures

1.  March EDT Minutes    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 225807

 

Economic Development Manager's REPORT

 

Attached is the report of the Economic Development and Tourism Committee Meeting of Cabonne Council held on 7 March 2011 for Council’s adoption.

 

Recommendation

 

THAT the report and recommendations of the Economic Development and Tourism Committee Meeting of Cabonne Council held on 7 March 2011 be adopted.

 

 

 

ITEM 23 - INAUGURAL REPORT OF THE AUSTRALIAN RURAL ROADS GROUP

REPORT IN BRIEF

 

Reason For Report

Council to determine a voluntary contribution for the Australian Rural Roads Group Economic study.

Policy Implications

Nil

Budget Implications

Should council elect to contribute the cost would be $900. not funded.

Area of Responsibility

Roads and Bridges

Annexures

1.  Going Nowhere - Inaugural Report of the Australian Rural Roads Group    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 225349

 

Director of Engineering and Technical Services' REPORT

 

Council received a copy of the Inaugural report of the Australia Rural Roads Group for information.

 

The Chair of the Australian Rural Road Group INC (ARRG) advises that at a meeting with Ministers Crean and Albanese it was suggested that for the Government to give consideration to a submission for additional funding of roads it would need to be supported by an economic study.

 

While there have been numerous studies into the funding gap for roads, the ARRG is looking at a specific area, ‘the vital first mile” of the agricultural supply chain. A study into the “first mile” would focus on the local road network compliment and justify the continuance and need to increase the existing road to recovery program.

 

AARG is seeking a voluntary contribution of  $900.00 from member councils ($1000 from non member councils) for an “economic study outlining the impact of not substantially increasing the Federal Government’s contribution to maintaining and enhancing the vital ‘first mile’ of the agricultural chain”.

 

 

Recommendation

 

THAT Cabonne Council contribute $900.00 towards the study funded from the current FAG budget.

 

 

 

 

ITEM 24 - BOTTLED WATER ALLIANCE

REPORT IN BRIEF

 

Reason For Report

To determine if Cabonne Council would like to endorse the joint annual project and become members of the Bottled Water Alliance

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Water and Sewerage

Annexures

1.  Request for Cabonne Council to become members of the Bottled Water Alliance    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 225391

 

Director of Engineering and Technical Services' REPORT

 

Council has received a request from Central Tablelands Water to consider becoming a member of the Bottled Water Alliance. Blayney Shire Council and CTW have recently become members of the Alliance. Member Councils take an active part in promoting the environmental benefits of drinking filtered reticulated water in preference to “manufactured bottled water”.

 

CTW and Blayney Shire Council have recently installed a filtered water refill station in Heritage Park Blayney and are looking at placing these facilities at other villages in the CTW catchment. Information and specifications for a refill station are included in the annexure to this report.

 

The estimated cost for supply and installation of these refill stations is approximately $4,000 to $5,000. CTW proposes to share the cost 50/50 with the respective Council. A copy of CTW’s resolution on this matter is also in the annexure.

 

Council has five towns and villages serviced by CTW, it is proposed to install a bottle refill station at these locations on a five year rolling program. Should council resolve to enter into this program a priority list will need to be established and included in the budget.

 

 

Recommendation

 

THAT Council enter into a 5 year program for the installation of a bottle refilling station for the towns and villages serviced by Central Tablelands Water to be funded from the LAIP program and further that a refilling station be installed in Molong.

 

 

 

ITEM 25 - INFRASTRUCTURE AUSTRALIA - REVIEW OF WATER QUALITY AND SECURITY

REPORT IN BRIEF

 

Reason For Report

Report on the possible impact the proposed reform would have on the operation of Cabonne Council

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Water Supply

Annexures

1.  Recommendations - water reform    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 225939

 

Director of Engineering and Technical Services' REPORT in conjunction with the DIRECTOR FINANCE AND CORPORATE SERVICES

Council received a report on the Australian Infrastructure’s “Review of Regional Water Quality & Security (February 2010). This review, undertaken by consultants AECOM contains a reform strategy and recommendations that, if implemented would have significant and detrimental ramifications for Cabonne and its communities.

Significantly the review recommends reform of governance structures for Local Water Utilities. The preferred structure is a Regional Water Corporation. 

Under this governance model the urban water utility functions currently performed by local government would be transferred to Government owned Regional Water Corporations, the responsible boundaries of which would match catchments to the extent practical. Each Regional Water Corporation would be governed by an independent board. The board would report to a relevant Government minister against a set of conditions in an operating licence. The report suggests that this form of governance and structure has been successful in Victoria.

Other models mentioned in the report includes, State-wide Water Utilities and Catchment Planning Alliances.

To recount, key findings from the report include;

1.   Cost recovery for the smaller water utilities – the study suggests that small LWU find it difficult to achieve full cost recovery. The relative  expenses to supply water to small towns often means that capital project are unviable, this is because of the small number of connections with large capital works, the typical residential bill (TRB) will be substantial and often not politically palatable. Cross subsidization is a principle the proposed model adopts to improve services to the small communities.

Council would note that in 2010 the four water schemes in the Cabonne shire namely; Molong, Cumnock, Yeoval and Delgany were combined to form the Cabonne Water and have common access and consumption charges.

 

In 2010, council achieved full cost recovery for water supply.

 

2.   Pricing – Council applies best practice user pays for all water supply schemes. The current pricing for “Cabonne” water is in the 40 to 80 percentile for all NSW LWU’s and in the 60 to 80 percentile for operating and management costs.

3.   Quality – the study suggests maintaining quality to the Australian Standard would be difficult for small LWU’s as there is a lack of expertise. This may be the case, however NSW Water Utilities must comply with NSW Health regulations and testing is done daily to ensure quality is maintained. Council has a strict procedure for notifying NSW Health if there is any irregularity that may put at risk health of the consumer. Council reports water analysis results and any breach monthly to the Works Committee.

 

The study goes on to say the key reason for non compliance is the absence of the necessary skills, experience and knowledge of water in many regional communities, this includes training facilities.

 

The NSW Office of Water 2008-09 NSW Performance Monitoring Report – Best Practice Management Compliance gives Cabonne Water 100% for overall compliance with all 10 criteria. One of 4 in NSW in the 200 to 1500 properties category. There are 21 in this category in NSW.

 

4.   Water Sharing – the study lists water sharing with large high volume consumers is a risk for regional utilities. Cabonne and its neighbours have shown that through negotiation and good management LWU’s and industry can produce good outcomes for water sharing and improve water efficiencies.

5.   Local Government Boundary vs Total Catchment planning – The study raises the issue of water supply limitations and local government boundaries being a key barrier to achieving sustainable water security. However the review fails to recognize the NSW Governments reform and the award winning CENTROC yield study that provides options for overcoming “local boundary” issues. The CENTROC preferred option would provide secure water supply for the central west without the need to corporatize water services as proposed in the AECOM report.

6.   Water Business Related Planning – The report suggests that drought, demand water quality and climate change is not managed well in the regional areas specifically in areas related to strategic planning and “water business”. Cabonne council has completed its Integrated Water Cycle Management Plan which includes a drought management plan as part of the best practice model.

7.   Significant achievements gained through catchment based utilities – Larger, catchment based utilities would be able to attract skilled staff. Attracting skilled staff is a problem state wide, amalgamation of water utilities may not resolve this problem.

 

Comment from other sectors in the industry

It is noted that the Water Directorate and the Department of Climate Change and Water have found anomalies and substantial inaccuracies in the report and it would be expected that a more detailed comment on the report will be provided by the Directorate and possibly the department.

Section 3 and 4 of the study provides recommendations and outcomes from that study, copies of these recommendations and parts of the report are included in an annexure to this report. 

Council would also note the report by the General Manager of Central Table Lands Water included in an annexure to the February report criticised the AECOM study.

WHAT IMPACT WILL THE PROPOSED INFRASTRUCTURE AUSTRALIA REFORM HAVE ON CABONNE?

Council’s management structure for the provision of water and sewer services comes under two areas in the Engineering and Technical Services Department.

1 ASSETS – the assets section has a responsibility to ensure the asset is maintained to a standard in accordance to the management plan and service capabilities and that it is a sustainable service. Assets is also responsible for ensuring that the 30 yr capital works program is funded and that this is reviewed annually. Council employs an engineer (currently contract) to managed the water and sewer assets.

2 OPERATIONS - The maintenance of water and sewer infrastructure and the  delivery of water and sewer services is managed through the operations section.  The Water and Sewer Coordinator has direct responsibility to ensure the water and sewer services are maintained in accordance with the relevant standards. 

Molong Water Supply

The Molong water supply scheme area has 4 water operators, it is noted that these positions are integrated so that these officers are multi skilled in water and sewer. These Officers have a responsibility for the operation and maintenance of the supply dams, reticulation, services and filtration of the water supply, sewer treatment works and associated reticulation and pumping stations.

Cumnock and Yeoval

In Yeoval and Cumnock, there is reticulated system that relies on either pumping from streams or in the case at Yeoval supplementary back up supply from bores.  This system is treated but not potable with staff located at Cumnock and Yeoval to attend to small emergencies and can respond immediately. Larger breaks requiring more plant or more specialist skills rely on Molong staff to attend. There is one staff member at Yeoval and one at Cumnock, both have responsibility for town maintenance as well.

Delgany

Delgany is a bore that requires periodic maintenance attended to by the Molong staff also.

It should be mentioned that all of these services have telemetry to provide information and warning systems for any failure or irregularities that may occur.  The maintenance to the telemetry system is becoming a very important and specialist role to council and does require some specialist skills.  Council also employs a qualified plumber who assists the water and sewer operators.

Water and Sewer Funds

Council’s water reserve currently has around $3m for future capital works, as per the 30 year capital works program,

The annual operating costs for water (2010) is $1.162M. The income in that year for water was $1.191M. For 2010 water supply was fully self funded.

The $1.162M that is the operating cost equates to about 4.5% of council’s total operating costs, translating this to employment, it would equate to a possible loss of 8 staff.  Other implications for council’s operations is the maintenance of the villages where staff currently performs a number of tasks. Removing water services from their tasks would make, in some areas the position unviable and may require one person looking after two or three villages where there is one for each village currently. This would result in the loss of “hands-on” time due to travelling.

There is also a multiplier effect with the loss of employment in communities. The loss of a position may have a flow on effect with the possible loss of a family to the locality. This would effect local retail, schools etc.

If council cease to become the water utility, the water rates and all associated data is lost or removed from council’s database. This would have a major impact on council’s ability to calculate and apply trade waste and sewer charges as these are based on water connections and consumption.

The loss of over $1m in council’s operating budget will also have an on-going negative impact on the budget.

CENTROC

The CENTROC water security study (2009) includes a preferred option for the longterm security for water supply to the central west. This option includes provision for potable water to Cumnock and Yeoval. It is recommended that council responds to Infrastructure Australia’s proposed water reform in the following terms;

1.   Oppose the proposed governance structure, ie Regional Water Corporation. 

2.   Reiterate support for the CENTROC water security option (Option 5 Lake Rowlands and associated works).

 

Recommendation

 

THAT Council:

1.   Oppose the proposed governance structure, ie Regional Water Corporation. 

2.   Reiterate support for the CENTROC water security option (Option 5 Lake Rowlands and associated works).

 

 

 

 

ITEM 26 - ROAD CLOSURE IN CABONNE SHIRE

REPORT IN BRIEF

 

Reason For Report

To inform Council of Road closures in Cabonne Shire

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Roads and Bridges

Annexures

1.  W478276 Road Closure Map

2.  W481737 Road Closure Map

3.  W481737a Road Closure Map

4.  W481737b Road Closure Map

5.  W481737c Road Closure Map

6.  W481737d Road Closure Map    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 226064

 

Director of Engineering and Technical Services' REPORT

The Land and Property Management Authority has sent through 5 advertised road closure requests for council’s consideration and response. The first four of these roads don't appear to have any legal access issue complications and are involving only Crown status roads which are not roads that will be required for future development of Cabonne's local road network.

1.   The road with reference W 478276 has no apparent legal access issue to other owners and is only involving the use of Crown roads. The road is not one that appears to be required for future network development.

2.   The road with reference W 481737a has no apparent legal access issue to other owners and is only involving the use of Crown roads. The roads are not ones that appear to be required for future network development.

3.   The road with reference W 481737b has no apparent legal access issue to other owners, however 2b as shown on the map does involve the use of a Council road. The road is not one that appears to be required for future network development or of use to council.

4.   The road with reference W 481737c has no apparent legal access issue to other owners and is only involving the use of Crown roads. The roads are not ones that appear to be required for future network development.

5.   The road with reference W 481737d and shown on the map as 4a does cause some concern and create a landlocked issue. By proceeding with this proposal the lot on the South Western corner (Lot 201 DP 750166) would have no legal access. Council should not recommend the closure of this road.

In each case the applicant is an adjoining land owner and there are no significant environmental impacts on vegetation, habitats.

 

Recommendation

 

THAT Council recommend closure of 1 to 4 and to NOT recommend closure of 5 due to impeding legal access issues.

 

 

 

 

ITEM 27 - WORKS COMMITTEE MEETING MINUTES

REPORT IN BRIEF

 

Reason For Report

Adoption of the Works Committee Meeting Recommendations

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Governance

Annexures

1.  march2011-works minutes    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 226068

 

Director of Engineering and Technical Services' REPORT

Attached herein is the report and recommendations of the Works Committee meeting of Cabonne Council held on Monday 7th March, 2011.

 

Recommendation

 

THAT the report and recommendations of the Works Committee held on Monday 7th March 2011 of Cabonne Council be adopted.

 

 

 

 

ITEM 28 - TRAFFIC COMMITTEE MINUTES

REPORT IN BRIEF

 

Reason For Report

Adoption of Traffic Committee Recommendations

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Traffic Committee

Annexures

1.  Traffic committee minutes    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 226071

 

Director of Engineering and Technical Services' REPORT

Attached herewith are the minutes of the Traffic Committee meetings held on 28th February 2011.

 

Recommendation

 

THAT the report of the Traffic Committee meetings held on the 28th February 2011 be noted.

 

 

 

ITEM 29 - VILLAGE ENCHANCEMENT PROGRAM - OVERVIEW

REPORT IN BRIEF

 

Reason For Report

To advise Council of the status of the VEP

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

 Economic Development

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 222643

 

Director of Engineering and Technical Services' REPORT

1.         BACKGROUND

1.1.       Commencement of Program

The Village Enhancement Program (VEP) commenced in 2005/2006 with Council engaging a consultant urban planning firm to conduct community consultation and preparation of master plans for beautification of the CBD and entry areas for each of the towns and villages within the shire.

The goal of the program was to beautify the main areas and entrances of the villages through such features as specific pavement styles, landscaped areas, street furniture, signage and tree planting.

1.2.       Community Consultation

Community consultation occurred throughout the early stages of the project including community input prior to the preparation of initial plans and well as in the delivery of the plans to Council and the community.

Following receipt of the plans from the consultant urban planning company it was determined that the information provided during the initial community consultation was not accurately reflected in the plans. It was also determined that many of the features included in the plans would not be relevant for the village areas.

Based on this Council staff, through the relevant Progress Associations for the villages, continued with another round of community consultation in order to better reflect the community wishes in the plans.

1.3.       Guidelines

Guidelines relating to the types of projects that were suitable for funding under the VEP were included in the initial information provided to the community groups and the consultant planners. These guidelines were based on the following objectives of the program:

·         Projects are to be located in the CBD area of the town or village or at the town entry areas;

·          Projects are to be linked to beautification of the area wherever possible;

·          A sense of continuity between the towns and villages is to be encouraged with similar styles of features, such as signs and furniture, to be placed in each of the towns and villages; and

·          Projects not related to beautification works, such as amenity blocks, shall not be included in the program.

1.4.       Council Approval of Projects

Following the round of community consultation by Council staff a list of projects was submitted to Council for approval and funding under the VEP. This was done during a Council workshop including all the councillors and was based on the following funding model:

·          $200,000 being available for shire wide projects such as town entry signs, street furniture and street trees; and

·          $400,000 split up evenly between 10 town/village areas throughout the shire.

2.   PROJECTS

2.1.       Completed and Commenced Projects

Since the commencement of the program the following projects have been completed or substantially commenced:

PROJECT

VALUE

SHIRE WIDE

Entry Signs, including sub-panels

$187,278

Street Furniture

$38,000

BORENORE

BBQ Area & Shade Structure

$40,000

CUDAL

Information Boards

$2,600

Bus Shelter

$12,520

EUGOWRA

Information Board

$2,600

Landscaping along Nanami Street

$39,510

 

Bus Shelter

 

$13,764

MULLION CREEK

BBQ Area behind Community Hall

$34,984

Culvert Area near Church

$9,225

CUMNOCK

Information Board

$2,600

BBQ Area in park

$21,066

YEOVAL

Information Board

$2,600

CARGO

Information Board

$2,600

Landscape area in front of Community Hall

$29,405

Bus Shelter

$20,000

Parking area along Belmore Street (including LAIP funding)

$23,656

MANILDRA

Park area along Kiewa Street

$60,618

CANOWINDRA

Memorial Park upgrade

$35,674

Historic Town Signage

$9,034

MOLONG

Bank Street Beautification Works

$138,940

Information Boards

$2,600

TOTAL

$729,274

2.2.       Planned Projects

Projects for the 2010/11 financial year and beyond shall be determined on a priority basis with an objective being completing one major project, similar to the landscaped areas along Bank Street in Molong, and a number of smaller projects throughout other towns and villages. A project of a similar nature in Canowindra has been mooted.

3.          Funding

In the 20010/11 Management Plan Council has budgeted $250,000 for the VEP. This has been an ongoing item for a number of years.

 

 

Recommendation

 

THAT Council liaise with the Progress Associations to determine works for 2010/11 Village Enhancement Programs.

 

 

 

ITEM 30 - AMSAG CAR RALLY - FORBES/CABONNE Saturday 18th June

REPORT IN BRIEF

 

Reason For Report

To determine Council's conditional approval or disapproval.

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Tarffic and Transport

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 225208

 

Asset Manager's REPORT

Mr Peter Crich for AMSAG (Australian Motor Sports Action Group Inc) has resubmitted the proposal previously submitted in 2010 for a competitive car rally on the same Forbes & Cabonne’s local roads.

AMSAG have again applied separately to Forbes Council and also directly themselves to NSW Police Regional Command in Dubbo.

The following list of items need to be considered by Council.

·    Police conditional approval is not yet to hand.

·    AMSAG Public Liability Insurance is not yet to hand.

·    AMSAG have stated that the Traffic Management Plan and Traffic Control Plans previously determined by Cabonne & AMSAG are applicable.

·    Formal public notice advertisement of proposed temporary road closures by Council at the applicants cost is required well in advance of the event. Suggest advertise in April. The 2010 advertisement costs of $935 remain unresolved.

·    Cabonne supply AMSAG traffic control equipment at no charge from Council’s Cudal depot. Pickup and return to the depot be at AMSAGs cost if required.

·    AMSAG Rally Controller to report directly to a nominated Council Representative regarding traffic compliance and road asset condition before and after the proposed event.

·    AMSAG be required to provide Council with prior proof of compliance to all NSW Police conditions of approval if approved.

·    The degree of road asset damage will be determined by the weather. Damage incurred in wet conditions is likely to be significant on undrained sections of gravel roads.

Forbes Shire Council has received a similar request and advice at this point is that Forbes Shire Council will NOT be seeking a bond. Council would recall a condition of approval for  the scheduled 2010 event required the organisers to provide a $10,000 security against damage to Council infrastructure caused by the running of the event.

Approval of the event should be conditional to;

1.   The organisers being responsible for repair at full cost to the organisation for any damages to infrastructure caused by the running of the event.

2.   The running of the event is as per the submitted program.

3.   All traffic control is the responsibility of the event organisers and must be by suitably qualified traffic control persons.

4.   The rally route is to be inspected by a council representative and an authorised event official to establish the condition of the road surface. This inspection to be carried out within two weeks of the running of the event.

5.   The route to be inspected, within 48 hours of the event by the same council officer and event official to determine condition of the road and establish if there are “damages” caused by the event. It is suggested that photographic evidence be taken before and after the event.

6.   Council may cancel the event if conditions, ie wet weather are deemed to make the road unsuitable.

7.   The cost for advertising the road closure and the placing of the advertisement to be the responsibility of the event organisers. Cabonne Council to provide the wording of the advertisement.

8.   A copy of all insurances and approvals necessary for the conduct of the event to be provided for council record.

 

Recommendation

 

THAT Council approve the conduct of the  AMSAG event on the roads identified in the application conditional to;

1.   The organisers being responsible for repair at full cost to the organisation for any damages to infrastructure caused by the running of the event.

2.   The running of the event is as per the submitted program.

3.   All traffic control is the responsibility of the event organisers and must be by suitably qualified traffic control persons.

4.   The rally route is to be inspected by a council representative and an authorised event official to establish the condition of the road surface. This inspection to be carried out within two weeks of the running of the event.

5.   The route to be inspected, within 48 hours of the event by the same council officer and event official to determine condition of the road and establish if there are “damages” caused by the event. It is suggested that photographic evidence be taken before and after the event.

6.   Council may cancel the event if conditions, ie wet weather are deemed to make the road unsuitable.

7.   The cost for advertising the road closure and the placing of the advertisement to be the responsibility of the event organisers. Cabonne Council to provide the wording of the advertisement.

8.   A copy of all insurances and approvals necessary for the conduct of the event to be provided for council record.

 

 

ITEM 31 - Request for donation to reimburse development application fees

REPORT IN BRIEF

 

Reason For Report

For the determination of Council

Policy Implications

NIl

Budget Implications

Requires contribution of funds from Council's s 356 vote

Area of Responsibility

Environmental Services

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 226271

 

Director of Environmental Services' REPORT

 

Council is in receipt of a request for donations to refund a community based group an amount equivalent to the fees incurred in lodging a Development Application with Council.

 

In November 2010 Council received a Development Application for a Skate Park to be located at the Recreation Ground, Molong (DA 2011/89). The applicant was Mr Robert Staples of Cabonne Council on behalf of the Molong Skate Park Committee. The fees paid when submitting the Development Application totalled $630.00, being $275.00 DA fee, $100 inspection fee, $1115.0 Construction Certificate fee and $140 Long Service Levy fee.

 

Whilst Council has no specific policy which deals with such requests, it is understood that refunds to not for profit organisations have been granted in the past as donations under Council’s Section 356 discretionary fund.

 

Whilst Council staff time has been allocated to the assessment of this application it would appear reasonable for Council to donate the equivalent of the application and construction certificate fee which amount to a total of $390.00.

 

 

Recommendation

 

THAT Council donate an amount of $390.00 as an amount equivalent to the fees paid for application and construction certificate to Council for approval of the Molong Skate Park (DA 2011/89).

 

 

ITEM 32 - NETWASTE REGIONAL SUSTAINABILITY ACTION PLAN

REPORT IN BRIEF

 

Reason For Report

For the determination of Council

Policy Implications

This document will compliment existing Sustainability Policy and practices within each council 

Budget Implications

Nil

Area of Responsibility

Environmental

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 226273

 

Director of Environmental Services' REPORT

 

NetWaste was successful in obtaining funding through the Environmental Trust to facilitate development of a Regional Environmental Sustainability Action Plan (the Plan) for the following eight (8) Councils, collectively known as the NetWaste Central Subregion: Blayney, Cabonne, Cowra, Forbes, Lachlan, Parkes, Weddin and Wellington Councils. NetWaste acted in a coordination role, with Ecolens engaged as the consultant to facilitate the process.

 

The aims of the project were to:

 

·    Develop a framework/model for subregional sustainability plans for use in the NetWaste subregions  and ;

·    Use the model to develop the NetWaste Central Subregion Environmental Sustainability Action Plan (the plan)

 

Through development and endorsement of the plan for the Central Subregion Councils, the Project has the following initial outcomes:

 

·    Consistency in approach to sustainability and strengthened partnerships between Councils across the region, and;

·    Capacity building of Councils and staff and recognition of the common issues across the region

 

The experience and process undertaken for development of the plan is also a valuable model that can be used to assist the remaining 3 subregions in NetWaste participate in a similar process.

COMMENTARY

NetWaste is a voluntary regional waste group, with 28 member Councils and a primary focus on waste related issues, including education, development of resources and establishment of regional contracts. In recent years however, NetWaste has become increasingly involved in sustainability related activities due to the growing focus on sustainability in local government.

 

The NetWaste region is divided into 4 subregions given the geographic extent of the group, namely the eastern, central, western and northern subregions, with a large number of the towns in the region having populations less than 10,000 persons. The majority of local Councils have limited resources available to allow significant focus on sustainability, however NetWaste is in a position to act in a facilitative role to take a number of Councils through the process and deliver outcomes on a regional basis. Recognition of this potential resulted in funding being secured through the Environmental Trust to develop a Regional Environmental Sustainability Plan (RESAP) targeting the urban area for the eight (8) smaller Councils in the NetWaste Central subregion, namely Blayney, Cabonne, Cowra, Forbes, Lachlan, Parkes, Weddin and Wellington Councils. An additional component to the project was the development of a suitable model template which could be applied to other subregions in the NetWaste area.

 

Delivery of the project required the appointment of a suitable consultant, with Ecolens appointed in early 2010 following a competitive selective quotation process.

 

In order to manage development of the plan and to ensure the needs of each Council were met, a Sustainability Reference Group (SRG) comprising members from each Council and other relevant stakeholders was formed. The SRG has met three times in a workshop forum during the course of the project to develop the Plan as detailed,

 

·    The first meeting set the baseline and ground work for collecting data on the “culture across  the participating Councils”.  

·    The second workshop undertook a detailed review and development of the management actions, a key component of the plan;

·    The third workshop was conducted in July for key Council staff and Councillors, to raise awareness of the plan and again, engage Council staff in a workshop on the management actions. 

 

This consultation process ensured input from a range of stakeholders and has contributed significantly to the success of the project. 

 

Community Consultation occurred in October, across two centrally located locations (Cowra and Parkes) and to gauge community response to the RESAP document and its content and seek further input.   Participating Councils then resolved to place the resultant RESAP document on public exhibition from 11 January to 10 February 2011, prior to formal adoption. A copy of the draft plan was provided to Council at the December 2010 Council meeting.

 

Feedback from the Public Exhibition in January and February indicated that the document was acceptable in its current form with only minor amendments required.

 

The plan has a five (5) year implementation period and is based around management actions for the six priority areas of water, waste, planning and development, climate change, community engagement and Council culture change and vegetation and biodiversity. The management actions will be reviewed and updated annually, with the plan reviewed every five (5) years.

 

Following endorsement of the plan by Council, in addition to actions undertaken at the local level, consideration will also be given to those that can be undertaken on a regional basis through appropriate forums, such as NetWaste. The RESAP also provides a sound base to seek further funding opportunities as they arise.

 

Council shall be receiving the RESAP in both hard and electronic format with the addition of a Community Summary document to provide a concise snapshot for general information purposes.

 

 

 

Recommendation

 

That Council resolve to adopt the Regional Sustainability Action Plan as a working Council document to be used as a management tool for assessing and evaluating all sustainability strategies, resulting in development of a consistent sustainable Action Plan process across all NetWaste Councils.

 

 

 

ITEM 33 - S82 REVIEW - DEVELOPMENT APPLICATION 2010/177 - LOT 100 DP 1145134, FOUR MILE CREEK ROAD, SPRINGSIDE - ANIMAL BOARDING AND TRAINING ESTABLISHMENT AND ANCILLARY DWELLING

REPORT IN BRIEF

 

Reason For Report

For the determination of Council

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Development

Annexures

1.  S82 REVIEW OF DETERMINATION draft conditions mastrangeli    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 226282

 

Director of Environmental Services' REPORT

 

The Council at its meeting of 21 February 2011 gave consideration to a request to review a determination of DA 2010/170 for approval of a horse boarding and training establishment to be situated upon Lot 100 DP 1145134, Four Mile Creek Road, Springside.

 

The Council resolved that:

 

1.      Council review the determination of DA 2010/ 177, taking into account the amended plans and additional support documentation submitted by the applicant.

2.      The development be staged as follows:

a)      Part stables complex.

b)      Stables complex finished.

c)      Ancillary dwelling.

3.      Environmental Services prepare an amended “Notice of Approval” incorporating appropriate conditions of consent, including conditions addressing a dwelling and submit to the March Council meeting.

 

The Acting General Manager and the Director Environmental Services met with the applicant at his request subsequent to Council’s meeting to clarify the planning implications of the review and the resolution. The applicant has since advised Council as follows:

 

thank you for the meeting last Friday it was informative and provided clarification to my  questions.

 

As part of our discussions we discussed combining stage 1 and 2  into 1 stage as they both are required to be completed prior to stage 3 commencing, essentially making it a 2 stage development.

 

If this combination of stages is acceptable and changes no other aspect of my application then I would like this noted and applied to the draft conditions of consent.’

 

An amended draft Notice of Approval is attached for Council’s further consideration. The draft notice provides for a two stage development being:

 

          Stage 1 – the animal boarding and training infrastructure

          Stage 2 – an ancillary dwelling

 

This two stage approval varies from that requested by Council at its February meeting, but accommodates the subsequent request of the landowner/applicant.

 

The initial approval was limited to the boarding and training establishment only, with a subsequent development application required upon establishment of the business to justify consideration of an ancillary dwelling. The approval was a deferred commencement requiring submission of details of a bore licence and supply. This information has been provided to Council and as such the deferred commencement may also be reviewed.

 

The attached draft amended Notice is provided to Council to enable its review of the previous determination of this development application.

 

Recommendation

 

THAT Council consider the amended Notice of Approval for DA 2010/ 177 for an animal boarding and training establishment and ancillary dwelling to be situated upon Lot 100 DP 1145134, Four Mile Creek Road, Springside, under s82A of the Environmental Planning and Assessment Act 1979 (as amended).

 

 

 

 

 

ITEM 34 - MODIFICATION OF DEVELOPMENT APPLICATION 2008/163
THIRTEEN (13) LOT SUBDIVISION AT LOT 29 DP 1112219, TILGA STREET, CANOWINDRA

REPORT IN BRIEF

 

Reason For Report

DETERMINATION

Policy Implications

NIL

Budget Implications

NIL

Area of Responsibility

DEVELOPMENT

Annexures

1.  Proposed modified subdivision plan DA 2008-163

2.  Objection to modification of DA 2008-163

3.  Draft Conditions of Consent Mod DA 2008-163-Robson

4.  Report to ESC 7 February 2011 for Modification DA 2008-163    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 226160

 

Director of Environmental Services' REPORT

 

ADVISORY NOTES

Record of voting

In accordance with s375A of the Local Government Act 1993, a division is required to be called when a motion for a planning decision is put at a meeting of Council or a Council Committee.  A division under s375A of the Act is required when determining this planning application.

 

Political Disclosures

In accordance with s147(4) of the Environmental Planning and Assessment Act 1979, a person making a planning application to Council is required to disclose political donations and gifts made within 2 years prior to the submission of  the application and concluding when the application is determined.

 

In accordance with s147(5) of the Environmental Planning and Assessment Act 1979, a person making a public submission to Council in relation to a planning application made to Council is required to disclose political donations and gifts made within 2 years prior to the submission being made and concluding when the application is determined.

 

Political donations and gifts (if any) to be disclosed include:

·    All reportable political donations made to any local councillor or Council,

·    All gifts made to any local councillor or employee of the Council.

 

Nil planning application disclosures have been received. 

 

Nil public submission disclosures have been received. 

 

 

 

SUMMARY

 

This modification application has been referred to Council for determination following the Environmental Services and Sustainability Committee meeting held on 7 February 2011 where a motion was carried which stated the following:

 

that a further report in relation to the DA 2008/163 be presented to Council’

 

On the 14 February (after the Committee meeting) the applicant submitted an amendment to the original modification application. The amendment involved a proposed reduction in the setbacks for the dwelling envelopes, and to create an additional fourth stage to the subdivision. The applicant provided a letter of support from the owners of the residential allotment located south east of the subject site (Lot 1 DP 1093141).

 

As a result of the amendment to the modification application, neighbour notification was again undertaken with Canowindra Produce (owner of the adjacent land to the south, which is an established industrial enterprise) as this landowner was the key objector to the original development application. A letter of objection was submitted to Council from the General Manager of Canowindra Produce opposing the proposed modification (attached).

 

On 3 March the applicant submitted a further amendment to the application, which included an alteration to proposed Lot 6, as a result of a survey identifying the location of a water main.

 

The proposed modification, with the amendments, now involves the following:

 

1.   Reconfigure Lots 1 to 9, with changes made to lot size of the following lots:

 

Lot Number

Existing Lot Size m²

Proposed Lot Size m²

1

4,255 m²

3,895 m²

4

2,000 m²

1,940 m²

5

2,000 m²

2,828.5 m²

6

3,285 m²

3,148.1 m²

7

4,690 m²

4,094 m²

 

The boundary widths and depths of Lots 2, 3, 8 and 9 have also altered, however, lot size remains as approved. Lots 8-13 remain the same size as originally approved.

 

2.   Amend condition 5 so that:

 

-The setback from the southern boundary for Lots 2 to 5 and 8 to 9 is reduced from 20 metres to 10 metres.

-The setback from the southern boundary for Lots 10 to 13 is reduced from 50 metres to 25 metres.

   

3.   Delete condition 6 of the consent, which requires a 10 metre wide planting along the southern boundary of the site. The applicant bases the request on:

-Both sides of McDonald Lane are planted with trees that are well established.

-The trees are native evergreen species and at maturity will offer an effective buffer to development to the south and also improve the visual amenity of the subdivision.

-The establishment of further trees at the subdivision stage is considered unnecessary in the circumstances. It is likely that future lot owners would establish their own trees within the proposed lots at the time of their development.

-It is understood that the landscaping requirement was imposed to address the concerns of the landowners to the south regarding the potential for land use conflict between existing industrial land use and the proposed lots. A letter of support from the owners of the adjacent residential allotment has been provided (attached).

 

4.   Delete condition 11 of the consent which relates to kerb and guttering. It is requested that the requirement to have kerb and guttering along the northern shoulder of McDonald Lane removed, due to the following:

 

-Tilga Street (connecting road to McDonald Lane) does not have kerb and guttering.

-The proposed lots are larger than typical town lots. A sealed carriageway with grassed swales (as opposed to concrete kerb and gutter) is commensurate with the rural township atmosphere.

-The access to each lot would be provided by the future homebuilder and the final location of each access point will be dictated by the proposed house design and garage position. A grassed swale as opposed to kerb and gutter will avoid the need to cut in new laybacks to suit driveway locations.

 

5.   It is proposed to release the subdivision in the following stages:

 

Stage 1:       Lots 2 and 3 combined with all other lots combined as a single lot.

 

Stage 2:       Lot 4; Lot 5; with Lots 1 and 6-13 combined as a single lot.

 

Stage 3:       Lot 1 and Lots 6-13 created as separate lots.

 

Stage 4:       Lots 2 and 3 created as separate lots.

 

 

COMMENTS

 

The requirement for building setbacks and a vegetated buffer was placed on the consent to address concerns raised in regards to land use conflict between the proposed residential allotments, and the adjoining established industrial enterprise. Whilst the applicant has provided one letter of support, the letter is from the owners of the adjacent residential allotment, who would not be adversely impacted as a result of the proposed modification.

 

Council has received a letter of objection from the owner/manager of Canowindra Produce, who opposes the proposed modification. On these grounds, and issues highlighted in the previous assessment (attached), it is considered that the proposed reduction in boundary setbacks and removal of the requirement to landscape be refused. Both the setbacks and vegetated buffer will work conjointly in reducing the potential for land use conflict, and to alter either requirement would adversely increase risk of land use conflict.  As such, in accordance with Council’s previous assessment, it is suggested that the modification proceed in the following manner:

 

-  Approve the proposed alterations to the boundaries of Lots 1 to 9;

-  Condition 5 (Location of buildings on proposed lots) remain as currently approved with setbacks to be established for lots 2-5 and 8-9 of 20 metres, and Lots 10-13 of 50 metres (i.e. refuse request to amend the condition);

-  Condition 6 (Buffer zone/Landscaping Plans) remain as currently approved which requires tree planting along the southern boundary of Lots 2-5 and 8-13 to a minimum width of 10 metres (i.e. refuse request to delete the condition), and require a s88b instrument to be prepared to ensure ongoing maintenance of such landscaping;

-  Approve the request to delete Condition 11 (Kerb and Gutter); and

-  Approve the request to release the approval in four (4) stages.

 

 

Recommendation

 

THAT modification application for DA 2008/163 for a thirteen (13) lot residential subdivision at Lot 29 DP 1112219, Tilga Street, Canowindra, be granted consent to delete condition 11, amend the lot sizes, amend condition 6 to require ongoing maintenance of landscaping, and to permit the release of the development in four (4) stages, subject to the attached conditions.

 

 

 

 

 

ITEM 35 - DEVELOPMENT APPLICATION 2011/77
TOURIST FACILITY (TOURIST CABIN AND BED AND BREAKFAST) AND ANCILLARY DWELLING
LOT 100 DP 1031436, 1034 THE ESCORT WAY, BORENORE

REPORT IN BRIEF

 

Reason For Report

DETERMINATION

Policy Implications

NIL

Budget Implications

NIL

Area of Responsibility

DEVELOPMENT

Annexures

1.  Report to ESC 7 March 2011 for DA 2011-77-tourist facility and ancillary dwelling

2.  Minutes for Committee Meeting held 7 March 2011 for item 7 DA 2011-77

3.  Draft Conditions of Consent DA 2011-77    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 226050

 

Director of Environmental Services' REPORT

 

ADVISORY NOTES

Record of voting

In accordance with s375A of the Local Government Act 1993, a division is required to be called when a motion for a planning decision is put at a meeting of Council or a Council Committee.  A division under s375A of the Act is required when determining this planning application.

 

Political Disclosures

In accordance with s147(4) of the Environmental Planning and Assessment Act 1979, a person making a planning application to Council is required to disclose political donations and gifts made within 2 years prior to the submission of  the application and concluding when the application is determined.

 

In accordance with s147(5) of the Environmental Planning and Assessment Act 1979, a person making a public submission to Council in relation to a planning application made to Council is required to disclose political donations and gifts made within 2 years prior to the submission being made and concluding when the application is determined.

 

Political donations and gifts (if any) to be disclosed include:

·    All reportable political donations made to any local councillor or Council,

·    All gifts made to any local councillor or employee of the Council.

 

Nil planning application disclosures have been received.

 

Nil public submission disclosures have been received. 

 

 

 

 

 

SUMMARY

 

This Development Application (DA) has been referred to Council for determination following initial consideration by the Environmental Services and Sustainability Committee at its meeting held on 7 March 2011. The committee resolved to ‘support Development Application 2011/77 and request staff to prepare a report to the March Council meeting with appropriate conditions of consent’ (copy attached).

 

As such, draft conditions of consent have been attached for Council’s consideration to assist in the determination of the subject DA. In addition, the initial planning assessment submitted to the committee meeting is attached for the information of Council.

 

To clarify matters raised at the committee meeting, no dwelling has previously been approved on the subject allotment, and the earlier DA 2001/49 was for the subdivision of land only. The subdivision created the subject allotment (Lot 100 DP 1031436) for irrigated agriculture under clause 13 of the Cabonne Local Environmental Plan 1991. On the plan that was approved, there was a proposed dwelling site, and a proposed vineyard that was to be established with an area of 26.17ha. Whilst there was a dwelling envelope on the concept plan, this does not give approval for a dwelling, and a separate application must be lodged to Council to erect a dwelling on the allotment. As the proposed vineyard of 26.17ha has not been planted, a dwelling is not permissible on the allotment on the grounds of being ancillary to irrigated agriculture. The only ability to erect a dwelling on the subject allotment is if Council is satisfied that the dwelling is ancillary to the primary approved use of the land, and that the dwelling is located so as to minimise any adverse effect on the use of the land for that primary purpose.

 

 

Recommendation

 

THAT Council make a determination for Development Application 2011/77 for a tourist facility (tourist cabin and bed and breakfast) and ancillary dwelling at Lot 100 DP 1031436, 1034 The Escort Way, Borenore.

 

 

 

 

 


ITEM 36 - ENVIRONMENTAL SERVICES AND SUSTAINABILITY COMMITTEE MEETING

REPORT IN BRIEF

 

Reason For Report

Adoption of Environmental Services Committee recommendations and noting of motions carried

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Environmental Services

Annexure

1.  March Environmental Services Minutes    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 226473

 

 Director of Environmental Services' REPORT

 

Attached is the report of the Environmental Services and Sustainability Committee Meeting of Cabonne Council held on 7 March 2011.

 

 

Recommendation

 

THAT the report and recommendations of the Environmental Services and Sustainability Committee Meeting of Cabonne Council held on 7 March 2011 be adopted and carried Motions be noted.

 

 

   


Item 5 Ordinary Meeting 21 March 2011

Item 5 - Annexure 1

 

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Item 5 Ordinary Meeting 21 March 2011

Item 5 - Annexure 2

 

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Item 9 Ordinary Meeting 21 March 2011

Item 9 - Annexure 1

 

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Item 11 Ordinary Meeting 21 March 2011

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Item 16 Ordinary Meeting 21 March 2011

Item 16 - Annexure 1

 

 

 

email for Mr. Bob Dowling

From : geofstan@bigpond.net.au 'geofstan@bigpond.net.au'

To : council 'council@cabonne.nsw.gov.au';

Sent : 2 March 2011 04:35:43


February 28, 2011

Councilor Bob Dowling
Cabonne Shire Council
Bank Street
Molong. NSW. 2866.
Dear Sir,
I write to you on behalf of the members of the Yeoval & District Men’s Shed incorporated.
You would be aware of the value to a community of a local men’s Shed.
Men’s sheds are deemed to be an important as a place or space for gathering men together and for men to gather together. Isolation, loneliness and depression are major health issues for many Australian men, which is compounded by the male culture of not talking about feelings or emotions and not taking as active an interest in their own health and wellbeing as they should.
 Men's sheds can play a significant and practical role in addressing these and other men's issues. Previous studies report that the key benefit of men’s sheds is in decreasing social isolation, creating friendship, and enhancing self-esteem. Community men’s sheds provide mate ship and a sense of belonging through positive and therapeutic informal activities and experiences with other men. Men’s sheds achieve positive health, happiness and well-being outcomes for men who participate, as well as for their partners, families and communities.

Men come to sheds for comradeship, for socialisation, to learn new things, to regain a sense of purpose in life, and to be able to contribute to their community because there should be something else in their lives after a lifetime of working. Men after working all their lives need to find something else in their life as they age.

Men’s Shed provides a social space for men in a workshop environment. Working shoulder to shoulder gives men a chance to build self esteem, regain community connections and share their stories. While working on projects, they learn by peer instruction, teach by sharing their knowledge and support the community by their involvement.

Like any new business operation, sheds are most vulnerable during their start-up phase, where
enthusiasm is high, experience is minimal, processes are lacking, expertise is deficient and capital is scarce. We are first and foremost part of the Yeoval Community and will continue to be so. At the present time we have no permanent home in which to conduct our activities, we currently have use of a Yeoval Show Society pavilion on the Showground but are subject to their conditions at show times and other Show Society commitments.  We would like to suggest the council purchase the Masonic Lodge building on    Street and allow us the use of the building as the Yeoval & District Men’s Shed.

The Council purchase of the building will enable the building to remain in the local community as the Masons no longer have use of this building as the Yeoval chapter has closed down. The building is for sale and the Masonic lodge is looking for a quick sale and conclusion of their Yeoval activities. Keeping the building in the Yeoval community maintains “local ownership’ as the building was erected by local people back in the early 50’s and material used in the construction was sourced from the local area.
By purchasing the building the Cabonne council will assist the Yeoval & District Men’s Shed to become a viable part of the local community thus giving council further access to the male population of the district at a grass roots level and retain a fine old building in local “hands”.
I believe that the decision maker and property manager for the sale of the building, is a Mr. Col Fisher.
We look forward to your positive response to our suggestion and remain available to discuss this matter at your convenience.
Yours sincerely.


Geoff Stanford.
President.
Yeoval & District Men’s Shed.

 


Item 21 Ordinary Meeting 21 March 2011

Item 21 - Annexure 1

 

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Item 22 - Annexure 1

 

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Item 23 - Annexure 1

 

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Item 24 - Annexure 1

 

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Item 26 Ordinary Meeting 21 March 2011

Item 26 - Annexure 1

 

 


Item 26 Ordinary Meeting 21 March 2011

Item 26 - Annexure 2

 

 


Item 26 Ordinary Meeting 21 March 2011

Item 26 - Annexure 3

 

 


Item 26 Ordinary Meeting 21 March 2011

Item 26 - Annexure 4

 

 


Item 26 Ordinary Meeting 21 March 2011

Item 26 - Annexure 5

 

 


Item 26 Ordinary Meeting 21 March 2011

Item 26 - Annexure 6

 

 


Item 27 Ordinary Meeting 21 March 2011

Item 27 - Annexure 1

 

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Item 28 Ordinary Meeting 21 March 2011

Item 28 - Annexure 1

 

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Item 33 Ordinary Meeting 21 March 2011

Item 33 - Annexure 1

 

S82 REVIEW OF DETERMINATION

DRAFT REVISED CONDITIONS OF CONSENT DA 2010/177

 

 

 

 

1.      DEVELOPMENT IN ACCORDANCE WITH PLANS

 

Objective

 

To ensure the development proceeds in the manner assessed by Council.

 

Performance

 

Development is to take place in accordance with the attached stamped plans (Ref No 2010/177 Peter Basha Ref 10029DA Sheet Nos 1 to 6) and documentation submitted with the application and subject to the conditions below, to ensure the development is consistent with Council’s consent.  NOTE:  Any alterations to the approved development application plans must be clearly identified WITH THE APPLICATION FOR A CONSTRUCTION CERTIFICATE. 

 

The Principal Certifying Authority for the project may request an application for modification of this consent or a new application in the event that changes to the approved plans are subsequently made. An application to modify the development consent under s96 of the Environmental Planning and Assessment Act, 1979, as amended and subject to a separate fee.

 

2.         BUILDING CODE OF AUSTRALIA 2010 – AUSTRALIAN STANDARDS

 

Objective

 

To satisfy the Building Code of Australia 2010 and relevant Australian Standards.

 

Performance

 

The approved development must meet the relevant Australian Standards and the performance requirements of the Building Code of Australia 2010. Compliance with the Performance Requirements can only be achieved by:

a)      complying with the Deemed to Satisfy Provisions; or

b)      formulating an Alternative Solution which:-

 

          i)       complies with the Performance Requirements; or

          ii)      is shown to be at  least equivalent to the Deemed to Satisfy Provisions; or

          iii)     a combination of both a) and b).

 

 

 

 

 

3.      APPOINTMENT OF PRINCIPAL CERTIFYING AUTHORITY

 

Objective

 

To ensure compliance with s81A of the Environmental Planning and Assessment Act 1979 as amended.

 

Performance

 

The person having the benefit of this consent must appoint a Principal Certifying Authority for the development, pursuant to Section 81A of the Environmental Planning and Assessment Act 1979, as amended and advise Council in writing of that appointment BEFORE WORKS COMMENCE.

 

That Certifying Authority may be the Council, or an Accredited Certifier appointed under the Act.  The required written notice to Council may be satisfied by supplying a copy of the Application for a construction Certificate (Form 11) under the Environmental Planning and Assessment Regulation 1994, as amended and must include the name, contact address, telephone and accreditation numbers of the selected Certifying Authority.

 

The Principal Certifying Authority and any other Certifiers appointed by that Authority will be responsible for the post-consent certification of the development.  Copies of all certification is to be submitted to Cabonne Council referenced by the Development Application Number.

 

4.      STAGED DEVELOPMENT

 

Objective

 

To ensure that the development complies with Section Division 2A of the Environmental Planning and Assessment Act 1979.

 

Performance

 

Development Application 2010/177 has been approved as a staged development under Section 80(4) of the Environmental Planning and Assessment Act 1979.

 

The development may be carried out in the following stages:

 

Stage 1:    Animal boarding and training establishment comprising stables complex building, horse wash down area, round yard, dressage arena, agistment and exercise yards, day shelters, driveway and parking area

 

Stage 2:    Ancillary dwelling

 

 

 

 

 

STAGE 1

 

5.      APPLICATION FOR CERTIFICATION

 

Objective

 

To satisfy the post-consent requirements of this Development Consent, and to comply with S.109 of the Environmental Planning and Assessment Act 1979, as amended.

 

Performance

 

The person having the benefit of this consent is required to apply for a:

 

CONSTRUCTION CERTIFICATE to satisfy the requirements of all relevant conditions.

COMPLIANCE CERTIFICATE to satisfy the requirements of all relevant conditions.

OCCUPATION CERTIFICATE to satisfy the requirements of all relevant conditions.

 

6.      COMPLIANCE WITH CONDITIONS OF CONSENT

 

Objective

 

To ensure the development proceeds in the manner as determined by Council.

 

Performance

 

All conditions of this consent are to be complied with to the standards specified prior to any occupation/use of the development.

 

7.      WATER SUPPLY

 

Objective

 

To ensure provision is made for adequate rural water supply.

 

Performance

 

In rural areas (where town water is not available)

 

a)      Storage facilities for at least 90,000 litres of water for domestic purposes are to be provided, 10,000 litres of which are to be retained at all times for fire fighting purposes; or

 

b)      The 90,000 litres storage facilities may be reduced to 45,000 litres where an alternative acceptable potable water supply source is available, capable of delivering at least 1,300 litres per hour. Separate application is to be made to the Consent Authority – Cabonne Council.

 

c)      The water supply tanks are required to have, for bush fire fighting requirements, openings in the top of the storage for drafting water or an approved suitable outlet and access to the storage for conventional fire fighting suction hose.

 

The take off point for the domestic supply is to be located in such manner to ensure that the 10,000 litres of water is retained at all times for bushfire fighting purposes.

 

1.         The outlet for fire fighting purposes shall be fitted with 65 mm STORZ fitting and 65mm gate valve.

 

2.   The outlet for (1) above shall be located so that access for fire fighting units is provided, ie directly where there is vehicle access to the outlet or via plumbing where such direct access is not possible.

 

d)         Tank should be of an aesthetically pleasing colour that does not contrast greatly with the surrounding environment.

 

8.         WATER PROVISIONS

 

Objective

 

To ensure that there is an adequate water supply from the existing bore, on Lot 100 DP 1145134 ,to support the proposed animal boarding and training establishment.

 

Performance

 

Council is to be provided with a compliance certificate from the NSW Office of Water indicating that the bore located on Lot 100 DP 1145134 is capable of providing an adequate water supply for the proposed animal boarding and training establishment.

 

9.      CAR PARKING SIGNAGE

 

Objective

 

To ensure available car parking is clearly defined.

 

Performance

 

Off street car parking is to be encouraged by the placement of prominent signs indicating its availability.

10.    SOIL EROSION

 

Objective

 

To prevent soil erosion during the course of development.

 

 

 

Performance

 

Measures are to be taken during the course of development to ensure satisfactory stabilisation of exposed areas to prevent soil erosion.

 

11.    PROVISION OF TEMPORARY FACILITIES

 

Objective

 

To provide temporary toilet facilities.

 

Performance

 

A temporary sewer or chemical toilet is to be provided on the property while building work is in progress to comply with the requirements of the Workcover Authority.  NOTE:  This must be on-site prior to the first inspection.

 

12.    NOISE

 

Objective

 

To limit the impact of noise on adjoining properties.

 

Performance

 

Building work may only be carried out on the site between the following hours:

 

7.00am and 7.00pm Monday to Friday

7.00am and 5.00pm Saturdays

8.am and 5.00pm Sundays and Public Holidays

* This includes site works and delivery of materials.

13.    IDENTIFICATION OF SITE

 

Objective

 

To clearly identify the site.

 

Performance

 

Provide a clearly visible sign to the site stating:

 

a)         Unauthorised entry is prohibited;

b)         Builders name and licence number; or owner builders permit number;

c)         Street number or lot number;

d)         Contact telephone number/after hours number;

e)         Identification of Principal Certifying Authority.

 

 

 

14.    WALL/ROOF CLADDING

 

Objective

 

To reduce the visual reflective impact on adjoining properties.

 

 

Performance

 

Non-reflective finish materials to be used on the wall/roof cladding.

 

15.    OCCUPATION CERTIFICATE

 

Objective

 

To ensure compliance with the Environmental Planning & Assessment Act 1979.

 

Performance

 

All residential buildings will require an Occupation Certificate PRIOR to occupation/use of the building

 

16.    FOOTING DESIGN

 

Objective

 

 To ensure structural strength and integrity.       

 

Performance 

 

Footings to be designed by a Structural Engineer based on the information of a geotechnical report of the foundation material, in accordance with the requirements of AS 2870.1 - 1996.

 

17.    ON-SITE WASTE WATER MANAGEMENT - SITE ASSESSMENT

 

Objective

 

To protect the environment and health of the community.

 

Performance

 

Prior to the release of the Construction Certificate a site specific assessment of the land for suitability for septic tank/domestic effluent disposal is to be conducted by a suitably qualified person and a report presented to Council recommending an appropriate design and system.

 

 

 

 

18.    CONTROL OF NUISANCE

 

Objective

 

To protect the amenity of the surrounding area.

 

 

Performance

 

No nuisance or interference with the amenity of the area is to be created by reason of any process or operation on the premises causing the emission of noise, dust, smoke or any polluted discharge whatsoever.  NOTE:  Amendments to the POEO Act 1997, require Council to investigate complaints where only one person complains.

 

19.    DRAINAGE

 

Objective

 

To protect the amenity of the surrounding area.

 

Performance

 

All yards, enclosures and stables are to be suitably drained to ensure that no ponding occurs. All waste waters, including water from hose down procedures shall be maintained on site. No waste is to be disposed of to the storm water system.

 

20.    FLY CONTROL

 

Objective

 

To protect the amenity of the surrounding area.

 

Performance

 

·    Keep all containers for manure and feed covered.

 

·    Collect all manure and other waste daily

 

·    Remove wastes at least once a week

 

·    Seal all cracks and potential breeding areas

 

·    Use knock down sprays, surface residual sprays and fly baits etc.

 

·    Keep premises clean at all times.

 

 

 

 

21.    WASTE DISPOSAL

 

Objective

 

To reduce odour and prevent nutrient over loading from waste generated from horses.

 

Performance

 

Areas/yards that are occupied by horses are to be cleaned of all waste that is generated from the horses at least once a week. The waste will need to be stored and disposed of in a manner that does not generate an odour nuisance to the surrounding area.

 

22.    DUST

 

Objective

 

To ensure that dust is controlled and will not become a nuisance to the surrounding area.

 

Performance

 

Appropriate measures are to be adopted that reduces dust generation from the activities to be undertaken on the land.

 

23.    LANDSCAPING

 

Objective

 

To reduce the visual impact of the proposed development

 

Performance

 

1.   The applicant is to provide the Principal Certifying Authority with a Landscaping Plan. Landscaping is to be completed prior to the release of the Construction Certificate.

2.   Landscaping is to include the eastern and southern boundary of the lot, and be designed to reduce the visual impact of the development.

 

24.    SPILLAGE OF LIGHT

 

Objective

 

To protect the amenity of the surrounding area.

 

Performance

 

Spillage of light, if any, shall be controlled so as not to cause nuisance to the amenity of adjoining land.

25.    SCALE OF THE DEVELOPMENT

 

Objective

 

To ensure the scale of the activity does not increase beyond the scope of the approval without further assessment of possible impact.

 

Performance

 

This approval enables the proponent to operate at a scale as submitted in the proposal.

 

STAGE 2 – ANCILLARY DWELLING

26.    APPLICATION FOR CERTIFICATION

 

Objective

 

To satisfy the post-consent requirements of this Development Consent, and to comply with S.109 of the Environmental Planning and Assessment Act 1979, as amended.

 

Performance

 

The person having the benefit of this consent is required to apply for a:

 

CONSTRUCTION CERTIFICATE to satisfy the requirements of all relevant conditions.

COMPLIANCE CERTIFICATE to satisfy the requirements of all relevant conditions.

OCCUPATION CERTIFICATE to satisfy the requirements of all relevant conditions.

 

27.    COMPLIANCE WITH CONDITIONS OF CONSENT

 

Objective

 

To ensure the development proceeds in the manner as determined by Council.

 

Performance

 

All conditions of this consent are to be complied with to the standards specified prior to any occupation.

 

28.    EXISTING COVENANTS

 

Objective

 

Advisory Only.

 

 

 

Performance

 

The applicant is advised that if any covenants exist over this land and any variation should be referred to the owner of the covenant for their approval.

 

29.       BASIX CERTIFICATE

Objective

 

To ensure the dwelling is constructed in the approved manner.

 

Performance

 

A Basix Certificate for the proposed dwelling and approved plans are to be supplied PRIOR to a Construction Certificate being issued.

 

30. WATER SUPPLY

Objective

 

To ensure provision is made for adequate rural water supply.

 

Performance

 

In rural areas (where town water is not available)

 

a)      Storage facilities for at least 90,000 litres of water for domestic purposes are to be provided, 10,000 litres of which are to be retained at all times for fire fighting purposes; or

 

b)      The 90,000 litres storage facilities may be reduced to 45,000 litres where an alternative acceptable potable water supply source is available, capable of delivering at least 1,300 litres per hour. Separate application is to be made to the Consent Authority – Cabonne Council.

 

c)      The water supply tanks are required to have, for bush fire fighting requirements, openings in the top of the storage for drafting water or an approved suitable outlet and access to the storage for conventional fire fighting suction hose.

 

The take off point for the domestic supply is to be located in such manner to ensure that the 10,000 litres of water is retained at all times for bushfire fighting purposes.

 

1.         The outlet for fire fighting purposes shall be fitted with 65 mm STORZ fitting and 65mm gate valve.

 

2.   The outlet for (1) above shall be located so that access for fire fighting units is provided, ie directly where there is vehicle access to the outlet or via plumbing where such direct access is not possible.

 

d)         Tank should be of an aesthetically pleasing colour that does not contrast greatly with the surrounding environment.

 

31.    ON-SITE WASTE WATER MANAGEMENT - SITE ASSESSMENT

Objective

 

To protect the environment and health of the community.

 

Performance

 

Prior to the release of the Construction Certificate a site specific assessment of the land for suitability for septic tank/domestic  effluent disposal is to be conducted by a suitably qualified person and a report presented to Council recommending an appropriate design and system.

 

32.     ON SITE WASTE WATER MANAGEMENT

Objective

 

To ensure that an accredited sewage management facility is designed, constructed and installed.

 

Performance

The Onsite Wastewater Management System is to be designed following a site specific examination of the site by a suitably qualified person, details of the proposed system along with an application to install an onsite wastewater management system are to be provided to Council prior to the issue of a Construction Certificate.

33.    SOIL EROSION

 

Objective

 

To prevent soil erosion during the course of development.

 

Performance

 

Measures are to be taken during the course of development to ensure satisfactory stabilisation of exposed areas to prevent soil erosion.

 

34.    PROVISION OF TEMPORARY FACILITIES

 

Objective

 

To provide temporary toilet facilities.

 

Performance

 

A temporary sewer or chemical toilet is to be provided on the property while building work is in progress to comply with the requirements of the Workcover Authority.  NOTE:  This must be on-site prior to the first inspection.

 

35.    NOISE

 

Objective

 

To limit the impact of noise on adjoining properties.

 

Performance

 

Building work may only be carried out on the site between the following hours:

 

7.00am and 7.00pm Monday to Friday

7.00am and 5.00pm Saturdays

8.am and 5.00pm Sundays and Public Holidays

* This includes site works and delivery of materials.

 

36.    IDENTIFICATION OF SITE

 

Objective

 

To clearly identify the site.

 

Performance

 

Provide a clearly visible sign to the site stating:

 

a)         Unauthorised entry is prohibited;

b)         Builders name and licence number; or owner builders permit number;

c)         Street number or lot number;

d)         Contact telephone number/after hours number;

e)         Identification of Principal Certifying Authority.

 

37.    WALL/ROOF CLADDING

 

Objective

 

To reduce the visual reflective impact on adjoining properties.

 

Performance

 

Non-reflective finish materials to be used on the wall/roof cladding.

 

 

 

 

38.     CONSTRUCTION CERTIFICATE

Objective

To ensure all residential work is covered by insurance and is in compliance with Part 6 of the Home Building Act 1989.

Performance

 

A Construction Certificate will not be issued until Council receives a Certificate of Home Warranty Insurance in accordance with the requirements of the Home Building Act 1989.

 

 

39.    OCCUPATION CERTIFICATE

 

Objective

 

To ensure compliance with the Environmental Planning & Assessment Act 1979.

 

Performance

 

All residential buildings will require an Occupation Certificate PRIOR to occupation/use of the building

 

40.    FOOTING DESIGN

 

Objective

 

 To ensure structural strength and integrity.       

 

Performance 

 

Footings to be designed by a Structural Engineer based on the information of a geotechnical report of the foundation material, in accordance with the requirements of AS 2870.1 - 1996.

 

41.    LANDSCAPING PLANS/SITE TREATMENT

 

Objective

 

To reduce landuse conflict and to lessen the visual impact of the development.

 

Performance

 

Separate detailed landscaping plans are to be submitted to and approved by Council or an Accredited Private Certifier prior to release of any Construction Certificate.

Landscaping is to be undertaken in a manner designed to reduce landuse conflict and lessen the visual impact of the development.  Landscaped areas in the building setbacks shall be heavily landscaped with native trees and shrubs in accordance with the Gatton Guidelines report by the Queensland Department of Natural Resources (copy attached).


Item 34 Ordinary Meeting 21 March 2011

Item 34 - Annexure 1

 

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Item 34 Ordinary Meeting 21 March 2011

Item 34 - Annexure 2

 

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Item 34 Ordinary Meeting 21 March 2011

Item 34 - Annexure 3

 

DRAFT MODIFIED CONDITIONS OF CONSENT DA 2008/163

 

 

1.      DEVELOPMENT IN ACCORDANCE WITH PLANS

 

Objective

 

To ensure the development proceeds in the manner assessed by Council.

 

Performance

 

Development is to take place in accordance with the attached stamped modified plans (Ref No DA 2008/163, sheet No 3 referenced 07054DA) and documentation submitted with the application and subject to the conditions below, to ensure the development is consistent with Council’s consent. 

 

NOTE:  Any alterations to the approved development application plans must be clearly identified WITH THE APPLICATION FOR A SUBDIVISION CERTIFICATE.  The Principal Certifying Authority for the project may request an application for modification of this consent or a new application in the event that changes to the approved plans are subsequently made. An application to modify the development consent under Section 96 of the Environmental Planning and Assessment Act, 1979, as amended, will be subject to a separate fee

 

2.      APPOINTMENT OF PRINCIPAL CERTIFYING AUTHORITY

 

Objective

 

To ensure compliance with s81A of the Environmental Planning and Assessment Act 1979 as amended.

 

Performance

 

The person having the benefit of this consent must appoint a Principal Certifying Authority for the development, pursuant to Section 81A of the Environmental Planning and Assessment Act 1979, as amended and advise Council in writing of that appointment BEFORE WORKS COMMENCE.

 

That Certifying Authority may be the Council, or an Accredited Certifier appointed under the Act.  The required written notice to Council may be satisfied by supplying a copy of the Application for a construction Certificate (Form 11) under the Environmental Planning and Assessment Regulation 1994, as amended and must include the name, contact address, telephone and accreditation numbers of the selected Certifying Authority.

 

The Principal Certifying Authority and any other Certifiers appointed by that Authority will be responsible for the post-consent certification of the development.  Copies of all certification are to be submitted to Cabonne Council referenced by the Development Application Number.

 

3.      APPLICATION FOR CERTIFICATION

 

Objective

 

To satisfy the post-consent requirements of this Development Consent, and to comply with s109 of the Environmental Planning and Assessment Act 1979, as amended.

 

Performance

 

The person having the benefit of this consent is required to apply for a:

CONSTRUCTION CERTIFICATE to satisfy the relevant conditions.

COMPLIANCE CERTIFICATE to satisfy the relevant conditions

SUBDIVISION CERTIFICATE to satisfy the relevant conditions

 

4.      LOT DESIGN AND PURPOSE

 

Objective

 

To ensure the subdivision proceeds in accordance with Council’s consent and that the purpose of the newly created Lot(s) is/are clarified in the context of Cabonne Local Environmental Plan, 1991.

 

Performance

 

(a)       Surveying of the subject land will be generally in accordance with the attached draft plan of survey.

(b)       Lots 1 to 13 have been approved as village allotments under Clause 17 of Cabonne Local Environmental Plan, 1991.

 

5.      LOCATION OF BUILDINGS ON PROPOSED LOTS

 

Objective

 

To ensure that new buildings are established within the most suitable sites on each lot, having regard to the surrounding land uses and other impediments to building.

 

Performance

 

The linen plan shall indicate a building envelope within lots 2 to 5 and 8 to 9 with a setback of 20m from the southern boundary, and a 50m setback from the southern boundary for lots 10 to 13. A Restriction as to User pursuant to Section 88B of the Conveyancing Act is to be prepared restricting the establishment of buildings outside such building envelopes.

 

6.      BUFFER ZONE/LANDSCAPING PLANS

 

Objective

 

To reduce landuse conflict and to lessen the visual impact or the development.

Performance

 

Tree planting is to be provided along the southern boundaries of lots 2 to 5 and 8 to 13. The minimum width of the buffer zone shall be 10m. The landscaping is to include suitable species that at maturity will enhance the local environment.

 

Separate detailed landscaping plans are to be submitted to and approved by Council or an Accredited Private Certifier prior to release of any SUBDIVISIONS CERTIFICATE.

 

All landscaping is to be completed prior to the issue of a SUBDIVISION CERTIFICATE and is to be maintained at all times.

 

Submit a s.88b Instrument to make satisfactory provision for the following in respect of the proposed landscaping.

 

i.    Provision for on-going management/maintenance of the landscaped area, including clear details of obligations/responsibilities of the   affected parties.

 

Full details to the satisfaction of the Certifying Authority, including draft s88b instrument and plans / specifications to be provided BEFORE THE ISSUE OF THE SUBDIVISION CERTIFICATE FOR THE DEVELOPMENT.

 

Approved 88b instrument to be provided WITH THE APPLICATION FOR THE SUBDIVISION CERTIFICATE.

 

7.      PROVISION OF POWER FOR SUBDIVISION

 

Objective

 

To ensure financial equity in providing adequate power supply for newly created lots.

 

Performance

 

Prior to the issuing of a Subdivision Certificate, the applicant will submit a Compliance Certificate from the Electricity Authority indicating that arrangements have been made for the supply of mains power to proposed lots.

 

8.      CONNECTION TO TOWN WATER SUPPLY

 

Objective

 

To ensure that  the development to be  connected to the local  water supply Authority’s reticulation system.

 

Performance

 

The applicant is required to connect each lot to the town water supply before occupation by applying directly to the relevant water supply authority and bearing the full cost of the connection fee.  A Compliance Certificate is to be provided to Council from the relevant Water Supply Authority.

 

9.      SEWER MAIN EXTENSION

 

Objective

 

To ensure that infrastructure is provided to allow the development to be connected to the town sewerage system.

 

Performance

 

The applicant is required to bear half cost of an extension of the sewer main to the west of the development which is to be constructed strictly in accordance with Sewer Supply Authority (Cabonne Council) design and specification A Compliance Certificate for the works is to be submitted from the supply Authority.  All relevant works are to be completed BEFORE THE ISSUE OF THE SUBDIVISION CERTIFICATE.

 

10.     ROAD DESIGN  AND CONSTRUCTION

 

Objective

 

To ensure that safe, all-weather public access if provided to the newly created lots in accordance with Council’s requirements.

 

Performance

 

The applicant is required to bear the full cost of survey, design and construction of the proposed road which is to be built to Council’s Non Rural Class 2 Level 2 Standard and strictly in accordance with the “CABONNE COUNCIL ENGINEERING SPECIFICATIONS FOR SUBDIVISION AND DEVELOPMENT (EDITION 1).

 

A complete set of drawings is to be provided to Council for approval before a CONSTRUCTION CERTIFICATE for the works is issued.

 

A COMPLIANCE CERTIFICATE FOR ALL ROAD WORKS IS TO BE ISSUED.

 

One set of printed copies plus an electronic copy (AutoCAD2000.dwg file format) of “works as executed” plans are to be submitted to Council for works carried out on Councils Road, IN CONNECTION WITH THE COMPLIANCE CERTIFICATE.

 

All relevant work to be completed BEFORE THE ISSUE OF THE SUBDIVISION CERTIFICATE.

 

11.             Deleted

 

12.    STREET NAME SIGNS

 

Objective

To ensure all streets are named and signposted.

 

Performance

 

The developer is to bear the full cost of the supply and installation of any necessary Street Name Signs strictly in accordance with Council’s specification after the statutory naming and advertising process has been completed.

 

The cul-de-sac is to retain the existing road name of McDonald Lane.

 

 

 

 

 

13.    DEFECTS LIABILITY PERIOD

 

Objective

 

To ensure  Councils assets achieve specification performance.

 

Performance

 

A maintenance (defects liability) period adequate to test the asset under normal service conditions has been set at six (6) months.  The developer shall lodge with Council a security of 10% of the value of the works.  The developer will meet the cost of making good any defects during the period.

 

14.    TRAFFIC AND PEDESTRIAN MANAGEMENT PLAN

 

Objective

 

To ensure that any traffic or pedestrian movement through or past the work site is safe.

 

Performance

 

The applicant is to prepare and implement a Traffic Management Plan that provides necessary direction to traffic or pedestrian movement through or past the work site.  The Traffic Management Plan is to be prepared by a suitably qualified person in accordance with the provisions of the relevant Australian Standards and is to be submitted to Council for approval PRIOR to its implementation.

 

15.    SEWERAGE HEADWORKS LEVY

 

Objective

 

To ensure each property owner makes an equitable contribution to the cost of sewerage capital works.

 

Performance

 

The applicant is required to pay a Sewerage Headworks levy for the proposed development in accordance with Council’s Fees and Charges. The levy for the year 2007/2008 is $3135. These charges may increase from July 2008.

 

The total Sewerage Headworks Levy is to be paid upon the sale of the first lot in the development.

 

16.    ENGINEERING DESIGN

 

Objective

 

To ensure design works are undertaken by a suitably qualified person.

Performance

 

All engineering works to be designed by a competent person (eg. Professional Engineer) and carried out in accordance with Council’s Codes and Development Control Plans (Policy ES16), unless otherwise indicated, to ensure that these works are of a sustainable and safe standard.

 

17.    ACCESS

 

Objective

 

To provide legal access to the Lots.

 

Performance

 

Submitted Engineering plans / s.88b Instrument to make satisfactory provision for the following in respect of the proposed right of way.

 

ii.      Provision of a minimum maintenance all-weather carriageway surface

iii.     Provision for on-going management/maintenance of the carriageway including clear details of obligations/responsibilities of the affected parties.

iv.     Provision for adequate width and turning facilities for likely vehicle traffic including all likely service and emergency vehicles.

v.      Effective (legal) provision for access by all emergency and other essential service organisations over the private carriageway.

 

Full details to the satisfaction of the Certifying Authority, including draft s88b instrument and plans / specifications to be provided BEFORE THE ISSUE OF A CONSTRUCTION CERTIFICATE FOR THE DEVELOPMENT.

 

Approved 88b instrument to be provided WITH THE APPLICATION FOR THE SUBDIVISION CERTIFICATE.

 

18.    TEMPORARY CUL-DE-SAC / DEAD END ROADS

 

Objective

 

To provide adequate turning area

 

Performance

 

At the end of any temporary cull-de-sac created in any stage of the development, a gravel turning area is to be provided with a radius of 11 metres (minimum).  Details to the satisfaction of the Certifying Authority to be provided BEFORE THE ISSUE OF A CONSTRUCTION CERTIFICATE FOR THE DEVELOPMENT.

 

 

 

 

 

19.    INTERSECTION DESIGN / PROVISION

 

Objective

 

To ensure road safety accounted for in the design and development.

 

Performance

 

Intersection with Tilga Street to be upgraded to provide a standard intersection in accordance with NAASRA/AUSTROADS 1988 Guide to Traffic Engineering Practice Part 5, for Intersections at Grade, to cater for expected traffic volumes associated with the development.  Details to be provided to the satisfaction of the Certifying Authority BEFORE THE ISSUE OF A CONSTRUCTION CERTIFICATE FOR THE DEVELOPMENT.

 

Relevant work to be completed to the satisfaction of the Director of Environmental Services’ nominee BEFORE THE ISSUE OF A SUBDIVISION CERTIFICATE.

 

20.    STREET LIGHTING

 

Objective

 

To provide street lighting.

 

Performance

 

Provision of under-road conduits to cater for Electricity, Telecommunications or other underground utility services.  Details to the satisfaction of the Certifying Authority to be provided BEFORE THE ISSUE OF A SUBDIVISON CERTIFICATE.

 

21.    CONSTRUCTION OF RIGHT OF CARRIAGEWAY

 

Objective

 

To ensure that the proposed Right of Carriageway is constructed to provide safe and all-weather access to proposed lots.

 

Performance

 

The applicant is to construct and fence accordingly, at his/her full cost, the proposed Right of Carriageway to Non-Rural Class 3 Level 3 standard and to fence it both sides to a suitable rural stock proof standard, all at his/her full cost.

 

A complete set of drawings is to be provided to Council for approval before a CONSTRUCTION CERTIFICATE for the Right of Carriageway and/or accesses is issued.

 

 

 

 

22.     PROVISION OF PRIVATE ACCESS

 

Objective

 

To ensure that safe and practical access is provided to the subject land.

 

Performance

 

Access must be provided to all proposed lots in accordance with Councils’ Provision of Private Access Specification that is current at the time of application.

An Access Construction Certificate must be obtained prior to commencement of construction of any access or accesses to the property from the adjoining road.

A joint inspection with the Principal Certifying Authority is to be held prior to commencing construction of the accesses.  Please telephone Council’s Development Engineer on 6392 3271 to arrange a suitable date and time for the inspection.

A Compliance Certificate for the accesses must be submitted to Council before a Final Subdivision Certificate can be issued.

 

23.    STORMWATER PROTECTION

 

Objective

 

To limit the potential for adverse effects of stormwater runoff on downstream properties.

 

Performance

 

The development's stormwater design shall include the incorporation of stormwater retention within the development designed to limit peak outflows from the land to the pre-existing natural outflows up to the 100 year ARI frequency.  Sufficient allowance shall be provided in the outflow spillway design capacity to safely pass flows of lower frequency (that is, a rarer event) without damage to downstream developments.

The design of the retention storage is to be undertaken using the ILSAX rainfall-runoff hydrologic model or an approved equivalent capable of assessing runoff volumes and their temporal distribution as well as peak flow rates.  The model is to be used to calculate the flow rates for the existing and post-development conditions.  The developed flows are to be routed through the proposed storage within the model so that the outflows obtained are no greater than the flows obtained for the pre-existing natural flows.  A report is to be submitted to the Certifying Authority detailing the results of the analysis including:

·          A catchment plan showing any sub-catchments under existing and developed conditions.

·          A schematic diagram of the catchment model showing sub areas and linkages.

·          Details of the model used and the bases for the calculations.

·          Tabulation detailing the elevation, storage volume and discharge relationships for the retention storage.

·          A tabulation for the range of frequencies analysed detailing the inflows, outflows and peak storage levels for both existing and developed conditions.

This report together with engineering design plans of the required drainage system shall be submitted to the Certifying Authority BEFORE THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

24.    STORMWATER / DRAINAGE EASEMENT

 

Objective

 

To create easements for stormwater performance.

 

Performance

 

The creation of a drainage easement to provide for effective stormwater drainage from the development and protect other property.

Protection of the development and/or property by provision, within the easement, of underground drainage pipelines and fail safe above ground flowpaths to cater for stormwater flooding from potential roofed and paved areas of the site.  Details to the satisfaction of the Certifying Authority to be provided BEFORE THE ISSUE OF A CONSTRUCTION CERTIFICATE FOR THE DEVELOPMENT.

 

25.    EROSION AND SEDIMENTATION CONTROL PLANS

 

Objective

 

To prevent soil erosion and watercourse contamination during and subsequent to the course of the development.

 

Performance

 

An overall erosion and sedimentation control plan is to be prepared to a standard acceptable to the Principal Certifying Authority and the Department of Infrastructure, Planning and Natural Resources.

 

The plan is to note any proposed vegetation retention and planting and is to be submitted and approved prior to the issue of a subdivision certificate for any works.

 

Specific construction zone erosion and sedimentation control plans are to be prepared to a standard acceptable to the Principal Certifying Authority and are required to be approved prior to the issue of Construction Certificates for each and any stage of the development.

 

26.    STREETSCAPE AND ROAD DESIGN

 

Objective

 

To preserve existing native and exotic vegetation.

 

 

 

 

Performance

 

Road design and construction is to ensure preservation of as many existing trees as possible. All trees proposed to be removed within the road reservation are to be clearly identified and shown on detailed construction plans to the satisfaction of the Certifying Authority BEFORE THE ISSUE OF A CONSTRUCTION CERTIFICATE FOR THE DEVELOPMENT.

 

All trees shown on approved engineering plans as being retained are to be appropriately marked and protected during construction works.

 

27.    STREET TREE PLANTING

 

Objective

 

To enhance the visual amenity of the streetscape.

 

Performance

 

Should the roadworks require extensive removal of existing street trees advanced eucalypt trees are to be planted within the McDonald Lane road reserve  (both north and south ) to replace the avenue planting removed by the development proceeding. 

 

28.    STAGED DEVELOPMENT

 

Objective

 

To ensure that the development complies with Section 80(4) of the Environmental Planning and Assessment Act 1979.

 

Performance

 

The Development Application has been approved as a staged development under Section 80(4) of the Environmental Planning and Assessment Act 1979.

The development/subdivision may be carried out in the following stages:

 

Stage 1:       Lots 2 and 3 combined with all other lots combined as a single lot.

 

Stage 2:       Lot 4; Lot 5; with Lots 1 and 6-13 combined as a single lot.

 

Stage 3:       Lot 1 and Lots 6-13 created as separate lots.

 

Stage 4:       Lots 2 and 3 created as separate lots.

 

 

 

 

 

 

29.    REGISTRATION OF PLAN OF SUBDIVISION

 

Objective

 

To endure compliance with S 109C(1)(d) of the Environmental Planning and Assessment Act 1979, as amended.

 

Performance

 

An application for a SUBDIVISION CERTIFICATE is to include five (5) copies of an original plan of subdivision prepared by a registered surveyor to be lodged with the Lands Titles Office.

 

30.    COMPLIANCE WITH CONDITIONS OF CONSENT

 

Objective

 

To ensure the development proceeds in the manner as determined by Council.

 

Performance

 

All conditions of this consent are to be complied with to the standards specified prior to any occupation.

 

31.    IMPACT ON RATES

 

Note:

 

Please note that after subdivision has occurred, this land will not be rated the same as it has previously been rated.  Each block created will attract its own general rate, water and sewerage rate, if appropriate, either connected or unconnected and waste management charge.

 

Under special circumstances, however, the Valuer General may amalgamate the newly created blocks for rating purposes but YOU must apply to that Department to do so.

 

The actual rate to be charged cannot be determined until the Valuer General has separately valued each new parcel of land, but an estimate of rating may be obtained by contacting Council’s Rates Department on (02) 6392 3200.

 

 


Item 34 Ordinary Meeting 21 March 2011

Item 34 - Annexure 4

 

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Item 34 Ordinary Meeting 21 March 2011

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Item 34 Ordinary Meeting 21 March 2011

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Item 35 Ordinary Meeting 21 March 2011

Item 35 - Annexure 1

 

ITEM 7 - DEVELOPMENT APPLICATION 2011/77
TOURIST FACILITY (TOURIST CABIN AND BED AND BREAKFAST) AND ANCILLARY DWELLING
LOT 100 DP 1031436, 1034 THE ESCORT WAY, ORANGE

REPORT IN BRIEF

 

Reason For Report

DETERMINATION

Policy Implications

NIL

Budget Implications

NIL

Area of Responsibility

DEVELOPMENT

Annexures

1.  Site Plan for DA 2011-77

2.  Elevation plans of DA 2011-77

3.  Objection to DA 2011-77

4.  RTA response    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 224494

 


Item 35 Ordinary Meeting 21 March 2011

Item 35 - Annexure 1

 

Director of Environmental Services' REPORT

 

ADVISORY NOTES

Record of voting

In accordance with s375A of the Local Government Act 1993, a division is required to be called when a motion for a planning decision is put at a meeting of Council or a Council Committee.  A division under s375A of the Act is required when determining this planning application.

 

Political Disclosures

In accordance with s147(4) of the Environmental Planning and Assessment Act 1979, a person making a planning application to Council is required to disclose political donations and gifts made within 2 years prior to the submission of  the application and concluding when the application is determined.

 

In accordance with s147(5) of the Environmental Planning and Assessment Act 1979, a person making a public submission to Council in relation to a planning application made to Council is required to disclose political donations and gifts made within 2 years prior to the submission being made and concluding when the application is determined.

 

Political donations and gifts (if any) to be disclosed include:

·    All reportable political donations made to any local councillor or Council,

·    All gifts made to any local councillor or employee of the Council.

 

Nil planning application disclosures have been received. 

 

Nil public submission disclosures have been received.

 

 

 

 

 

SUMMARY

 

The following report provides an assessment of the development application submitted for a tourist facility (tourist cabin and bed and breakfast) and ancillary dwelling at Lot 100 DP 1031436, 1034 The Escort Way, Borenore.

 

The application has been referred to the Environmental Services and Sustainability Committee for determination as the proposal is inconsistent with the Cabonne LEP.

 

It is recommended that the application be refused.

 

Applicant: Michelle Stivens

                    C/-Ultra Developments

Owner:      Planline Pty Ltd

Proposal:  Tourist Facility (Tourist Cabin and Bed and Breakfast) and Ancillary

                   Dwelling

Location:   Lot 100 DP 1031436, 1034 The Escort Way, Borenore

Zone:         7(c) Environmental Protection-Water Catchments

 

THE SITE

 

The subject site is located approximately 10 kilometres west from the city of Orange, and access is via the northern side of The Escort Way. The subject site is currently vacant and is used for agricultural purposes including grazing and cropping. There are several dams located on the land and scattered trees throughout the site. There is approximately 3.5ha of existing vineyard which is located at the north eastern corner of the land. The allotment has an irregular shape as a result of the lot ‘wrapping’ around a dwelling located on the adjoining allotment to the west.

 

Subject Site

 

 

BACKGROUND

 

The subject lot (Lot 100) was created by subdivision under Development Application 2001/49, which was approved by Council on 16 October 2000. The subdivision application created two irrigated agricultural allotments (Lots 100 and 102 DP 1031436) and one agricultural allotment  with an existing dwelling (Lot 101 DP 1031436). As part of the subdivision, 26.27ha of vineyard was proposed to be planted on the subject allotment. The subdivision has been registered, and the allotments officially created. To date, no additional vineyard plantings have been established that are in accordance with the approved plan of subdivision.

 

On the 10 August 2010 Council received an application to erect a four (4) bedroom dwelling and barn on the subject land. At the time of lodgment Council sought legal advice on the permissibility of the dwelling on the subject land. The advice indicated that as there had not been additional vineyard plantings in accordance with the approved plan, that a dwelling was not permissible on the land as there was not an established and viable vineyard. Council advised the applicants to withdraw the application, or Council would have to issue a refusal. The applicants withdrew the application.

 

On the 23 November 2010 DA 2011/77 (the subject DA) was lodged with Council for a proposed tourist cabin, bed and breakfast, barn and an ancillary dwelling.

 

THE PROPOSAL

 

It is proposed to construct a tourist facility and ancillary dwelling on the subject allotment. The proposal includes the following:

 

1.   The establishment of a self contained two (2) bedroom cabin which will have an approximate floor area of 177m². The cabin will have external cladding of weatherboard and the roof will be colourbond.

 

2.   The establishment of a bed and breakfast (b & b) with an attached ancillary dwelling. The b & b is attached to the dwelling and forms a separate wing to the east of the dwelling. The bed and breakfast contains a single bedroom with an ensuite. There is also a garage and cellar that are attached to the wing of the b & b. The separate wing for the b & b has an approximate floor area of 119.4m². The dwelling contains three (3) bedrooms and an office and will have an approximate floor area of 399.7m². Both the dwelling and b & b will have external cladding of weatherboard and the roof will be colourbond.

 

3.   The establishment of a barn which will be located to the south of the dwelling and b & b. The barn will be constructed using recycled bricks in pale brown colours and the roof will be colourbond. The barn will have an approximate floor area of 105.3m².

 

The applicant has stated that they intend to charge $250/night for the cabin, and $180/night for the b & b. Based on these figures the applicant anticipates a net income of $71,892/year based on a 66% occupancy rate.

 

The dwelling will house the owners of the land, who will manage the cabin and b & b. The aim of the development is to provide tourist accommodation to the Cabonne and Orange districts.

 

MATTERS FOR CONSIDERATION

 

Section 79C of the Environmental Planning and Assessment Act 1979 requires Council to consider various matters, of which those pertaining to the application are listed below.

 

PROVISIONS OF ANY ENVIRONMENTAL PLANNING INSTRUMENT s79C(1)(a)(i)

 

Cabonne Local Environmental Plan 1991 (Amended)

 

The subject land is zoned 7(c) Environmental Protection-Water Catchments by the Cabonne Local Environmental Plan (LEP) 1991. A tourist cabin and bed and breakfast are not separately defined by the Cabonne LEP or the Environmental Planning and Assessment Model Provision 1980. The subject development is defined as a ‘Tourist Facility’ by the Model Provisions. A tourist facility and dwelling are permissible within this zone, subject to Council’s development consent.

 

Objectives of the 7(c) zone

 

The objective of the zone is, in part, to “protect and conserve the catchments of the Molong and Borenore Dams so that water quality is maintained and enhanced in order that the water is fit for human consumption”. In addition, the objectives aim to protect agricultural land within the zone by “preventing the unjustified development of prime crop and pasture land for purposes other than agriculture”.

 

The proposal is not consistent with the objectives of the zone. The subject land is valuable agricultural land, and this was highlighted in DA 2001/49 which created the allotment for the purposes of irrigated agriculture. There is also approximately 3.5ha of vineyard planted in the north eastern corner of the allotment (this was present at time of subdivision), and the land is currently used for cropping and grazing. This further indicates that the subject land is productive and capable land for agriculture. If a tourist cabin, bed and breakfast and a dwelling are erected on the subject lot, the land will not be utilised primarily for agriculture.

 

The applicant has stated that the proposal has been designed to protect the agricultural land on the lot. Whilst the applicant has located the development from the current agricultural activities on the allotment, there is no guarantee that agricultural pursuits will continue on the property.

 

In addition, the applicant has stated that there is a shortage of tourist accommodation within and surrounding the vicinity of Orange, and that the proposal is an attempt to help reduce the stress on the market. The applicant has not adequately justified the demand for such a proposal. A market analysis was not provided by the applicant. The applicant has relied upon a newspaper article in the Central Western Dailey in an attempt to justify the development. This does not demonstrate that there is substantial demand for such a proposal, therefore, does not justify the development of prime crop and pasture land.

 

The proposal is inconsistent with the LEP.

 

Clause 10-General considerations for development within rural zones

 

The current use of the land is agriculture which includes cropping and grazing. The proposed development is to establish a tourist facility and ancillary dwelling. This will result in agriculture not being the primary use of the land, with the focus towards the dwelling and tourist facility. This will reduce the full utilisation of the property for agriculture.

 

It must be noted that the applicant has located the proposed development away from the existing land that is currently utilised for agricultural activities.

 

Adjoining the property on the eastern boundary is an established vineyard. The proposed use of the land will be inconsistent with the adjoining property, and could result in future impacts on the operation of the vineyard. The applicant has however located the development as far as possible away from the vineyard in an attempt to prevent land use conflict.

 

Clause 18-Dwelling-houses in Zones Nos 1(a), 1(c) and 7(c)

 

The applicant proposes to erect a dwelling on the subject land, and has stated that the dwelling is ancillary to the primary use of the land, that being, a tourist facility.

 

A 100ha standard is generally applicable for the erection of dwellings in the 7(c) zone. However, the LEP permits the erection of dwellings on land less than 100ha in the following circumstances:

 

a)   Whole of an existing holding; or

b)   An allotment created for a purpose (other than agriculture) in accordance with the plan; or

c)   A viable intensive agricultural holding; or

d)   The dwelling house is ancillary to the use of the land for another purpose. Council needs to be satisfied that the land could not be used for that primary purpose without the erection of that dwelling house, and that it is located so as to minimise any adverse impact on the use of the land.

 

The subject allotment is below 100ha (with an area of 26.6ha), it is not the whole of an existing holding, is not an allotment created for a purpose other than agriculture, and is not a viable intensive agricultural holding (as previously indicated due to a lack of an established viable vineyard or the like). As such, the only potential to erect a dwelling on the subject land is if it is ancillary to the primary approved use of the land; therefore, it is necessary to determine the primary use of the land, and whether the dwelling is justifiably ancillary to that use.

 

The applicants have stated that the dwelling is ancillary on the grounds that the owners will need to be present on the property to manage the tourist facility. However, by the scale of the proposed development it appears that the primary use of the land is not the tourist facility, but will be the dwelling; with the tourist cabin and b & b as ancillary development.

 

From a numerical perspective, the dwelling and barn will consist of a floor area of 505m², which is 63% of the total floor area of the proposed development. In addition, the tourist facility (i.e. b & b and cabin) have a combined floor area of 296m², which is 37% of total floor area of the development. This clearly indicates that the dwelling component of the development is the primary use from a numerical perspective.

 

An approximate estimate indicates that the capital value of the dwelling will exceed the capital value of the tourist cabin and the b & b combined. This further indicates more emphasis is placed on the erection of the house, as opposed to the erection/establishment of a tourist facility.

 

It is considered that there is not a substantial commitment made to the proposed tourist facility to reasonably assure Council that the primary use of the land will not be used as a residential/lifestyle allotment for the owners of the land.

 

It is considered that the primary use of the land would be the dwelling, and that the tourist facility is an ancillary component. As such, the dwelling is not permissible on the subject allotment as it does not satisfy the provision for the erection of a dwelling.

 

The proposal is not consistent with the LEP.

 

Clause 20-Dwellings in Zone 7(c)

 

The proposed dwelling will be located approximately 190 metres away from a drainage line. The applicant has not submitted an effluent study that demonstrates the site is suitable for effluent disposal. If the application was approved, a condition of consent would be necessary that requires the applicant to undertake an effluent study.

 

Clause 21-Development along arterial roads

 

Access to the allotment is currently gained via The Escort Way, which is classified as an arterial road. Currently access to the allotment is gained via a Right of Way over the adjoining lot to the west (Lot 101 DP 1031436). The application was referred to the RTA who has required that a new access to be constructed to the lot, if the application is approved.

 

It is considered that, if such an application were approved, it would not impact on the safety and efficiency of The Escort Way.

 

STATE ENVIRONMENTAL PLANNING POLICIES

 

State Environmental Planning Policy No 44-Koala Habitat applies to the subject land.

 

Cabonne Council is identified within the SEPP 44 schedule as having koala habitat.  The applicant has not addressed the SEPP, and there is scattered vegetation throughout the site. However, if the application is approved, it would not impact upon any koala habitat or koalas as no trees are to be removed as a result of the development.

 

State Environmental Planning Policy (Rural Lands) 2008 applies to the subject land.

 

The Rural Lands SEPP applies to the Cabonne Council area. The SEPP requires Council to consider the existing and approved uses of land in the vicinity of the development (when it involves subdivision or dwellings), and whether or not the development is likely to have a significant impact on predominant or preferred land uses.

 

The proposal is to erect a dwelling, tourist cabin, and bed and breakfast. The proposal is inconsistent with the surrounding land uses, which are predominantly agriculture. To the east is an established vineyard, and to the north south and west is land that is used for cropping and grazing. If the application is approved, the proposed development has potential to cause land use conflict between the surrounding properties. This is a result of the proposed development being incompatible uses adjoining land uses.

 

The proposed vineyard may create noise, spray drift, and dust levels that would be incompatible with residential development. However, the applicant has located the proposed development as far as practicably possible away from the adjoining vineyard, being setback approximately 460m from the eastern boundary. In addition, the applicant has proposed to erect a tree buffer which will protect the tourist cabin.

 

If the application is approved, it is considered that the location of the dwelling is considered acceptable providing the proposed landscaping was to be established.

 

PROVISIONS OF ANY DRAFT ENVIRONMENTAL PLANNING INSTRUMENT THAT HAS BEEN PLACED ON EXHIBITION s79C(1)(a)(ii)

 

There are no draft environmental plans that relate to the subject land or proposed development.

 

PROVISIONS OF ANY DEVELOPMENT CONTROL PLAN s79C(1)(a)(iii)

 

Development Control Plan No 5 – General Rural Zones applies to this development.

Access

 

The applicant has proposed to access the allotment from The Escort Way then via a Right of Way over the adjoining property on the western boundary. However, the RTA will require the applicant to access the lot via a new access to The Escort Way if the application is approved.

 

Setbacks

 

The proposed development satisfies the requirements of the DCP for setbacks. The development is in excess of 100m from adjoining intensive agricultural development, and the minimum setback of any of the development is 20 metres from any boundary adjoining the property on the north, south and west of the property.

 

It must be noted that the subject development, whilst meeting the numerical setbacks, is located in close proximity to an existing dwelling on the adjoining allotment to the east. The close proximity that the development is to the dwelling will result in reduction of privacy levels to the dwelling.

 

Effluent Disposal

 

The applicant proposes to install two (2) separate septic systems that will accommodate the disposal of effluent from the development. An effluent study has not been provided as part of the application. If the application was approved, and effluent study would be required, and a condition of consent could address this issue.

 

The subject land is located within an environmental protection water catchment zone, and environmental consideration must be adequately addressed as part of the development process.

 

Power

 

Power is available in the vicinity, and would need to be connected to the development if it was approved; this issue could be addressed via a condition of consent.

 

PROVISIONS PRESCRIBED BY THE REGULATIONS s79C(1)(a)(iv)

The proposal does not contravene the relevant provisions of the regulations.

 

THE LIKELY IMPACTS OF THE DEVELOPMENT s79C(1)(b)

 

Context and Setting

 

The predominant use in the surrounding area is agriculture, which consists of a mixture of intensive agriculture (i.e. viticulture), cropping and grazing. The subject site is currently used for cropping and grazing purposes. There are several dwellings surrounding the subject land, including hobby farm development.

 

The proposal is not consistent with the surrounding development.

 

Access, Transport and Traffic

 

Access to the property is to be gained via The Escort Way if the application is to be approved.

 

The applicant anticipates that the proposal would generate an additional 5 cars to the property, which would equate to an approximate increase of 30 movements to and from the site per day. It is considered that The Escort Way is capable of accommodating such an increase. If the application is approved the RTA will require a new access to be constructed  off The Escort Way, and meet their relevant standards; a list of conditions have been provided from the RTA that would need to go on the consent if the development is approved.

 

Agricultural Impact

 

The subject land is currently used for cropping and grazing, and there is approximately 3.5ha of vineyard plantings located in the north east corner of the allotment. The subdivision application DA 2001/49 created the allotment for the purposes of irrigated agriculture. As such, the land is clearly viable for intensive agriculture.

 

If the application is approved the subject land would not be primarily utilised for the purposes of agriculture; the primary use (as identified above) will be for a dwelling. As such, there would be a loss of agricultural land that is otherwise suitable for intensive agricultural pursuits. This is not a preferred outcome, and it is best practice to protect agricultural land.

 

Water

 

If the application is approved, water supply to the dwelling, cabin and b & b will be collected from stormwater runoff, and collected in tanks. A condition of consent would be attached that requires adequate sized water tanks.

 

The applicants have not included an effluent study as part of the application. An effluent study would be required to ensure the site is capable of effluent disposal, without impacting on nearby water sources.

 

Flora and Fauna

 

There have been no identified threatened species on the subject land upon investigation of the NSW National Parkes and Wildlife Service Wildlife Atlas. However, it must be noted that the ‘Superb Parrot Polytelis Swainsonii’ has been sited in close proximity to the site. It is considered that the proposal will not impact on any threatened species as it does not require the removal of existing vegetation.

 

 

 

 

 

Amenity and Privacy

 

The proposed development would have minimal impact on the amenity of the surrounding area if the proposed landscaping was undertaken. A condition of consent could be attached that addresses this issue.

 

The subject development has been sited in close proximity to an existing dwelling that is located on the adjoining property to the west. The cabin has been sited 20m from the western boundary and 30 metres from the northern boundary near the adjoining property. The applicant has proposed landscaping on the northern side of the cabin to reduce the privacy issues caused from the proposed development. In addition, there is established vegetation near the existing dwelling that would also act as a visual buffer.

 

It is proposed to construct the barn 20 metres from the southern boundary surrounding the adjoining dwelling. The applicant states this is to reduce the visual impacts from the dwelling and b & b by creating the visual barrier. This will impact on the current views from the existing dwelling, and it is considered that the proposed barn and dwelling would be best being located further away from the boundary. In saying this, the proposal satisfies the setback requirements of DCP No. 5 (General rural Zones) as previously discussed. If the application was to be approved, landscaping would be required to the south of the barn in an attempt to reduce the visual impact to the existing dwelling on the adjoining property.

 

Safety and Security

 

If the proposed development is approved, it is considered that the development would not pose a security risk to surrounding development.

 

Signage

 

The applicant has not proposed to construct any advertising signage as part of the application. Separate application would be required for proposed signage other than identification signage permitted by State Environmental Planning Policy No.64-Advertising and Signage.

 

THE SUITABILITY OF THE SITE s79C(1)(c)

 

Physical Attributes and Hazards

 

There are no known technological or natural hazards that would affect the proposed development.

 

DEVELOPMENT CONTRIBUTIONS

 

No development contributions apply to the subject proposal.

 

 

 

 

 

ANY SUBMISSIONS MADE IN ACCORDANCE WITH THE ACT s79C(1)(d)

 

The proposed development was neighbour notified and advertised. One (1) submission was received that opposed the subject development. The following issues were raised in the submission:

 

1.   Inconsistencies with the site plan, and proposed boundary setbacks.

2.   Loss of privacy due to the proximity of the development to the existing dwelling located on the adjoining lot to the west (i.e. Lot 101 DP 1031436).

3.   Concerns over the use of the proposed barn.

4.   Safety and security concerns in regards to the customers that will utilise the accommodation.

 

Comments

 

1.   A revised site plan was requested, which has been supplied and indicates setbacks from relevant boundaries.

2.   As discussed above, the applicant meets the prescribed setbacks in DCP No.5, and provided landscaping around the cabin to reduce the visual impact to the dwelling. Furthermore, additional landscaping would be required to reduce the overall visual impact. The development will disrupt the views and privacy of the existing dwelling, and a more appropriate outcome would be to relocate the development.

3.   The proposed barn is not to be used for residential purposes, and a condition of consent could address this issue, if the application is approved.

4.   The proposal would not pose any safety and security concerns.

 

Public Authority Consultation

 

The subject application was referred to the Roads and traffic Authority (RTA). The RTA were not opposed to the development, and will require access to the development to be provided via a new access to The Escort Way. Various conditions will apply to the development, if the application is approved.

 

PUBLIC INTEREST s79C(1)(e)

 

The proposed development is considered to be of minor interest to the wider public due to the relatively localised nature of potential impacts. 

 

CONCLUSION

 

The proposal does not comply with the relevant aims, objectives and provisions of the LEP. The proposal does not satisfy clause 18 of the LEP, for the provision of dwellings in rural zones. The proposed site is less than the 100ha minimum, the property is not the whole of an existing holding, the lot was not created under another consent that would allow a dwelling on the land, and a dwelling is not considered ancillary to the proposed tourist facility. An assessment has indicated that the primary use of the land will be for a dwelling. As such, the proposed development is not permissible on the subject allotment.

 

Council in considering the application may consider to:

 

1.   Refuse the Development Application on the grounds that it does not satisfy the provision of the LEP for the erection of a dwelling house in the 7(c) Environmental Protection-Water Catchment Zone.

 

2.   Support the Development Application for the erection of a tourist facility (i.e. tourist cabin and bed and breakfast) and an ancillary dwelling, and defer the application to the next Council meeting for approval, subject to provision of a draft Notice of Approval.

 

A search of previous applications of a similar  nature has been undertaken, which indicates that a much more substantial level of development has generally been included for Council to approve the application. Also, in most cases, a dwelling had been present on the land prior to the sought consent for a tourist facility. A refusal of this application is not inconsistent with previous assessments.

 

It is also important to consider the consequences if the DA is approved. It will set a precedent that is not favourable for future applications. It would not be in the best interests of Council to approve an application that has not adequately demonstrated that the tourist facility will be the primary use of the land, nor justified the development on prime crop and pasture land.

 

It is suggested that Council adopt option one (1) above, and refuse the application.

 

 


Item 35 Ordinary Meeting 21 March 2011

Item 35 - Annexure 1

 

 

Recommendation

 

THAT Development Application 2011/77 for a tourist facility (tourist cabin and bed and breakfast) and ancillary dwelling at Lot 100 DP 1031436, 1034 The Escort Way, Borenore, be refused on the basis:

 

1.      The subject proposal does not satisfy the objectives of the 7(c) Environmental Protection-Water Catchment Zone; and

 

2.      The proposal does not satisfy Clause 18 of the Cabonne Local Environmental Plan 1991.

 


Item 35 Ordinary Meeting 21 March 2011

Item 35 - Annexure 1

 

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Item 35 Ordinary Meeting 21 March 2011

Item 35 - Annexure 1

 

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Item 35 Ordinary Meeting 21 March 2011

Item 35 - Annexure 1

 

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Item 35 Ordinary Meeting 21 March 2011

Item 35 - Annexure 1

 

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Item 35 Ordinary Meeting 21 March 2011

Item 35 - Annexure 2

 

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Item 35 Ordinary Meeting 21 March 2011

Item 35 - Annexure 3

 

DRAFT CONDITIONS OF CONSENT DA 2011/77

 

1.         DEFERRED COMMENCEMENT

 

Objective

 

To ensure the development complies with Section 80(3) of the Environmental Planning and Assessment Act 1979.

 

Performance

 

Development Application 2011/77 has been approved as a “DEFERRED COMMENCEMENT” in accordance with Section 80(3) of the Environmental Planning and Assessment Act 1979.

 

Condition No. 3 to 29 of this development consent shall not operate until the application complies with Condition No. 2 to the satisfaction of Council.

 

2.      ON-SITE WASTE WATER MANAGEMENT - SITE ASSESSMENT

 

Objective

 

To protect the environment and health of the community.

 

Performance

 

A site specific assessment of the land for suitability for septic tank/domestic  effluent disposal is to be conducted by a suitably qualified person and a report presented to Council recommending an appropriate design and system.

 

3.      DEVELOPMENT IN ACCORDANCE WITH PLANS

 

Objective

 

To ensure the development proceeds in the manner assessed by Council.

 

Performance

 

Development is to take place in accordance with the attached stamped plans (Ref No 2011/77, Project No. 080601, Drawing No. 4001, 1002 (floor plan), 3003 (north/south elevations), 3004, 2001, 3002, 3001, 1002 (elevations), 3003 (east/west elevations), and three (3) plans unnumbered) and documentation submitted with the application and subject to the conditions below, to ensure the development is consistent with Council’s consent.  NOTE:  Any alterations to the approved development application plans must be clearly identified WITH THE APPLICATION FOR A CONSTRUCTION CERTIFICATE. 

 

The Principal Certifying Authority for the project may request an application for modification of this consent or a new application in the event that changes to the approved plans are subsequently made. An application to modify the development consent under s96 of the Environmental Planning and Assessment Act, 1979, as amended and subject to a separate fee.

 

4.      APPOINTMENT OF PRINCIPAL CERTIFYING AUTHORITY

 

Objective

 

To ensure compliance with s81A of the Environmental Planning and Assessment Act 1979 as amended.

 

Performance

 

The person having the benefit of this consent must appoint a Principal Certifying Authority for the development, pursuant to Section 81A of the Environmental Planning and Assessment Act 1979, as amended and advise Council in writing of that appointment BEFORE WORKS COMMENCE.

 

That Certifying Authority may be the Council, or an Accredited Certifier appointed under the Act.  The required written notice to Council may be satisfied by supplying a copy of the Application for a construction Certificate (Form 11) under the Environmental Planning and Assessment Regulation 1994, as amended and must include the name, contact address, telephone and accreditation numbers of the selected Certifying Authority.

 

The Principal Certifying Authority and any other Certifiers appointed by that Authority will be responsible for the post-consent certification of the development.  Copies of all certification is to be submitted to Cabonne Council referenced by the Development Application Number.

 

5.         BUILDING CODE OF AUSTRALIA 2010 – AUSTRALIAN STANDARDS

 

Objective

 

To satisfy the Building Code of Australia 2010 and relevant Australian Standards.

 

Performance

 

The approved dwelling, tourist cabin and storage shed (barn) must meet the relevant Australian Standards and the performance requirements of the Building Code of Australia 2010. Compliance with the Performance Requirements can only be achieved by:-

 

a)      complying with the Deemed to Satisfy Provisions; or

b)      formulating an Alternative Solution which:-

 

          i)       complies with the Performance Requirements; or

          ii)      is shown to be at  least equivalent to the Deemed to Satisfy Provisions; or

          iii)     a combination of both a) and b).

 

6.      APPLICATION FOR CERTIFICATION

 

Objective

 

To satisfy the post-consent requirements of this Development Consent, and to comply with S.109 of the Environmental Planning and Assessment Act 1979, as amended.

 

Performance

 

The person having the benefit of this consent is required to apply for a:

 

OCCUPATION CERTIFICATE to satisfy the requirements of all relevant conditions.

COMPLIANCE CERTIFICATE satisfy the requirements of all relevant conditions.

CONSTRUCTION CERTIFICATE to satisfy the requirements of all relevant conditions.

 

7.      STAGING DEVELOPMENT

 

Objective

 

To ensure the development proceeds in an appropriate manner.

 

Performance

 

NO OCCUPATION CERTIFICATE shall be issued until such time the tourist cabin, barn, bed and breakfast and dwelling are constructed in accordance with the approved plans.

 

8.      LANDSCAPING PLANS

 

Objective

 

To reduce landuse conflict and to lessen the visual impact of the development.

 

Performance

 

Separate detailed landscaping plans are to be submitted to and approved by Council or an Accredited Private Certifier. Landscaping is to be in accordance with the landscaping plan and is to be completed prior to the release of any Occupation Certificate. Landscaping is to include the following:

 

1.   Landscaping is to be designed to reduce the visual impact of the development and protect the privacy of the dwelling on Lot 101 DP 1031436;

2.   Landscaping of the northern curtilage of the tourist cabin;

3.   Landscaping along the southern curtilage of the barn; and

4.   Species that are suitable for the climatic conditions of the area.

 

 

 

9.      RTA CONDITIONS

 

1.   The access to Lot 100 DP 1031436 is to be located so that safe intersection sight distance (SlSD) is achieved in accordance with the RTA Road Design Guide in both directions along MR61.

 

2.   The design and construction of the accesses is to be in accordance with the following:

 

o The access is to conform to the standard rural property access treatment as detailed in Figure 4.9.6 Layout I (AV) of the RTA Road Design Guide.

o A right turn treatment of the 'Type BAR' (BasicRight Turn) is to be constructed adjacent to the westbound Iane as shown in Figure 4.8.23, Rural Conditions of the RTA Road Design Guide. It.should be noted that the widened shoulder is to be sealed. (This is required to provide a reasonable level of safety for traffic turning right into the access and to allow following MR61 traffic an area to pass the right turning vehicle on the left hand side.)

o The access is not to interfere with longitudinal drainage adjacent to the highway. If required a suitably sized (minimum 375mm diameter) reinforced concrete culvert is to be installed under the access. Any culvert within the clear zone as defined in the RTA Road Design Guide is to have sloped headwalls so as not to be a traffic hazard.

o The access is to be sealed for a minimum of ten metres from the edge of the eastbound traffic lane of MR61 and the levels of the proposed access road are to match the levels of MR61.

o If a gate, grid or similar structure is constructed on the access it is to provide suitable storage capacity for the largest class of vehicle permitted access to the property off the carriageway (13.5 metres).

o The access should be formed so as to provide a layby on the departure of the access to be used also as a school bus stop/mail service shelter.

 

3.   Access is not permitted via the right of access burdening Lot 101 DP1031436.

 

4.   With the exception of construction vehicles access is not permitted via the right of access burdening Lot 102 DP1031436.

 

5.   With the exception of construction vehicles no other access is permitted to Lot I00 DP I031436.

 

6.   With the exception of construction vehicles the largest vehicle permitted access to Lot 100 DP103l436 is a class 5 vehicle in accordance with the Austroads vehicle classification system (heavy rigid).

 

7.   For the purpose of construction of the development proposed by DA 2011/77 only, the largest vehicle permitted access to Lot 100 DP 1031436 is a class 9 vehicle as described by the Austroads vehicle classification system (19 metre semi trailer). Access by vehicles larger than class 5 is to be via the right of access burdening Lot 102 DP I03I436. No other vehicles are permitted access to Lot 100 DP 1031436 via the right of access.

8.   Once construction of the proposed development is complete the gateway facing MR61 and facilitating the right of access burdening Lot I02 DP 1031436 is to be removed and permanently fenced.

 

9.   All activities including loading and unloading of goods associated with the development are to be carried out on site.

 

10. All traffic movements into and out of the development are to be in a forward direction.

 

11. Vegetation and grasses within the road reserve are to be maintained at a level to ensure clear sight distance of approaching vehicles. All current OHS requirements are to be met when carrying out works in the road reserve.

 

12. Any advertising signage:

 

o is to be contained wholly within the development and not prove a hazard or nuisance to road users on public roads;

o is to be in accordance with the 'State Environmental Planning Policy No 64 - Advertising and Signage' and is to be permissible under the current zoning; and

o is not to replicate any regulatory signage or give direction to traffic.

 

13. A Road Occupancy Licence is required prior to any works commencing within three metres of the travel lanes of MR61. This can be obtained by contacting Mr Paul Maloney on (02)686| 1686. Submission of a Traffic Control Plan is required as part of this licence.

 

14. The developer will be required to undertake private financing and construction of works on a road in which the RTA has a statutory interest. A formal agreement in the form of a Works Authorisation Deed (WAD) is required between the developer and the RTA before any works commence.

 

15. The access treatment is to be completed prior to any works being undertaken at the site.

 

16. All works associated with the development are to be at no cost to the RTA.

 

10.       PROVISION OF PRIVATE ACCESS

 

Objective

 

To ensure that safe and practical access is provided to the subject land.

 

Performance

 

Access must be provided to the proposed development in accordance with RTA Road design Guide.

 

An Access Construction Certificate must be obtained prior to commencement of construction of any access or accesses to the property from the adjoining road.

A joint inspection with the Principal Certifying Authority is to be held prior to commencing construction of the access.  Please telephone Council’s Development Engineer on 6392 3271 to arrange a suitable date and time for the inspection.

 

A Compliance Certificate for the access must be submitted to the Principal Certifying Authority before any other Construction Certificate can be issued.

 

11.    ROAD DESIGN  AND CONSTRUCTION

 

Objective

 

To ensure that safe, all-weather public access is provided past the proposed development in accordance with Council’s requirements.

 

Performance

 

The applicant is required to bear the full cost of survey, design and construction of the Basic Right Turn (BAR) in accordance with RTA Road Design Guide

 

A complete set of drawings is to be provided to Council for approval before a CONSTRUCTION CERTIFICATE for the works is issued.

 

A COMPLIANCE CERTIFICATE FOR ALL ROAD WORKS IS TO BE ISSUED.

 

One set of printed copies plus an electronic copy (AutoCAD2000.dwg file format) of “Works as Executed” plans are to be submitted to Council for works carried out on Council’s Road in CONNECTION WITH THE COMPLIANCE CERTIFICATE.

 

12.    TRAFFIC AND PEDESTRIAN MANAGEMENT PLAN

 

Objective

 

To ensure that any traffic or pedestrian movement through or past the work site is safe.

 

Performance

 

The applicant is to prepare and implement a Traffic Management Plan that provides necessary direction to traffic or pedestrian movement through or past the work site.  The Traffic Management Plan is to be prepared by a suitably qualified person in accordance with the provisions of the relevant Australian Standards and is to be submitted to Council for approval PRIOR to its implementation.

 

13.    APPLICATION OF BITUMEN SEAL ACCESS

 

Objective

 

To ensure safe ingress and egress is provided to the subject land.

Performance

 

The applicant is required to provide a bitumen seal surface a minimum of 4 metres wide and 10 metres long from MR61 on the access.

 

14.    WORKS UNDERTAKEN WITHIN STATE ROAD RESERVES

 

Objective

 

To ensure that all construction work carried out within State road reserves are at no cost to the Roads and Traffic Authority.

 

Performance

 

A formal agreement in the form of a Works Authorization Deed (WAD) is required between the Developer and the RTA as the developer will be required to undertake ‘private financing and construction’ of works on a road in which the RTA has a statutory interest.  This is relevant to the ‘BAR’ component of the works.

 

The applicant should contact Roads and Traffic Authority, P O Box 334, Parkes NSW 2870 to obtain the necessary Deed.

 

15.    WATER SUPPLY

 

Objective

 

To ensure provision is made for adequate rural water supply.

 

Performance

 

In rural areas (where town water is not available)

 

a)      Storage facilities for at least 90,000 litres of water for domestic purposes are to be provided to both the proposed dwelling and tourist cabin, 10,000 litres of which are to be retained at all times for fire fighting purposes; or

 

b)      The 90,000 litres storage facilities may be reduced to 45,000 litres where an alternative acceptable potable water supply source is available, capable of delivering at least 1,300 litres per hour. Separate application is to be made to the Consent Authority – Cabonne Council.

 

c)      The water supply tanks are required to have, for bush fire fighting requirements, openings in the top of the storage for drafting water or an approved suitable outlet and access to the storage for conventional fire fighting suction hose.

 

The take off point for the domestic supply is to be located in such manner to ensure that the 10,000 litres of water is retained at all times for bushfire fighting purposes.

 

1.         The outlet for fire fighting purposes shall be fitted with 65 mm STORZ fitting and 65mm gate valve.

2.   The outlet for (1) above shall be located so that access for fire fighting units is provided, i.e. directly where there is vehicle access to the outlet or via plumbing where such direct access is not possible.

 

d)         Tank should be of an aesthetically pleasing colour that does not contrast greatly with the surrounding environment.

 

16.    PROVISION OF RURAL ADDRESS NUMBER

 

Objective

 

To provide each eligible rural property with a rural address number in accordance with Standard AS/NZS 4819:2003:Geographic Information – Rural and Urban addressing.

 

Performance

 

The location of each eligible access will be established and a number allocated based upon measurements taken by the Principal Certifying Authority which will be in accordance with Standard AS/NZS 4819:2003.

 

The applicant is to contact Council’s GIS Officer on 63923248 to obtain an application form and instructions.

 

17.    ERECTION OF RURAL ADDRESS NUMBER

 

Objective

 

To ensure each eligible rural property has a suitably erected and clearly visible rural address number in accordance with Standard AS/NZS 4819:2003: Geographic Information – Rural and Urban Addressing.

 

Performance

                                                           

The designated number plate shall be obtained and erected in accordance with the Specifications for Erection of Rural Address Numbers as supplied by Council.  (Note: These plates are available from Council at the fee specified in Council’s Fees and Charges)

 

Written notification is to be provided to Council indicating rural addressing number has been erected.  This letter is to be supplied to Council or Principal Certifying Authority PRIOR to the issue of an Occupation Certificate.

 

18.    EROSION AND SEDIMENTATION CONTROL PLANS

 

Objective

 

To prevent soil erosion and watercourse contamination during and subsequent to the course of the development.

Performance

 

An overall erosion and sedimentation control plan is to be prepared to a standard acceptable to the Principal Certifying Authority and the Department of Natural Resources.

 

The plan is to note any proposed vegetation retention and planting and is to be submitted and approved prior to the event.

 

Specific construction zone erosion and sedimentation control plans are to be prepared to a standard acceptable to the Principal Certifying Authority and are required to be approved prior to the issue of Construction Certificates for each and any stage of the development.

 

19.    BASIX CERTIFICATES

 

Objective

 

To ensure the dwelling and tourist cabin is constructed in the approved manner.

 

Performance

 

All the required commitments shown on the Basix Certificates (No: 347890S (main dwelling) and No: 348002S (Cabin) dated 18 November 2010) and approved plans are to be completed PRIOR to a Final Occupation Certificate being issued.

 

20.    DRAINAGE

 

Objective

 

To ensure satisfactory disposal of roof stormwater run-off.

 

Performance

 

All roofwater shall be collected through guttering and downpiping, connected to a 100mm or 90mm PVC pipeline and shall be disposed of via rainwater storage tank with over flow to discharge away from all structures so not cause impact on development or adjoining land.

 

21.    SOIL EROSION

 

Objective

 

To prevent soil erosion during the course of development.

 

Performance

 

Measures are to be taken during the course of development to ensure satisfactory stabilisation of exposed areas to prevent soil erosion.

 

 

22.    IDENTIFICATION OF SITE

 

Objective

 

To clearly identify the site.

 

Performance

 

Provide a clearly visible sign to the site stating:

 

a)         Unauthorised entry is prohibited;

b)         Builders name and licence number; or owner builders permit number;

c)         Street number or lot number;

d)         Contact telephone number/after hours number;

e)         Identification of Principal Certifying Authority.

 

23.    ADVERTISING SIGNS

 

Objective

 

To ensure that any advertising sign complies with the requirements of ‘State Environmental Planning Policy No. 64 (Advertising and Signage)’ and of Cl. 35 of Cabonne Local Environmental Plan 1991.

 

To ensure driver safety, to comply with Cl. 35 of Cabonne Local Environmental Plan 1991 and to comply with Road and Traffic Authority requirements.

 

Performance

 

No approval for advertising signs is given by this consent and a separate application is to be made and Council's approval obtained prior to the erection of any signs.

 

a.      Any advertising signs must not be prejudicial to traffic safety viz:

 

          (i) They must not obscure or interfere with road traffic signs;

 

(ii) They must not obscure or interfere with the view of a road hazard or oncoming traffic;

 

            (iii) They must not give instruction to traffic by use of words “Halt”, “Stop”, or other directions or imitate traffic signs.

 

          (iv) They must not be located within the road reserve.

 

b.        No sign or advertising shall be erected on or in conjunction with the proposed development without the consent of Council.

 

 

 

 

24.    POWER

 

Objective

 

To ensure the development has an adequate power supply.

 

Performance

 

The applicant will meet any costs associated with connection of the development to the electricity supply.   Documentary evidence from the Power Authority is to be submitted detailing connection.

 

25.    WALL/ROOF CLADDING

 

Objective

 

To reduce the visual reflective impact on adjoining properties.

 

Performance

 

Non-reflective finish materials to be used on the wall/roof cladding.

 

26.    OCCUPATION CERTIFICATE

 

Objective

 

To ensure compliance with the Environmental Planning & Assessment Act 1979.

 

Performance

 

All buildings will require an Occupation Certificate PRIOR to occupation/use of the building.

 

27.    ENVIRONMENTAL PROTECTION

 

Objective

 

To protect the environment and the health of the community.

 

Performance

 

Effluent shall not be permitted to discharge from the property or enter any water body.

 

 

 

28.    COMPLIANCE WITH CONDITIONS OF CONSENT

 

Objective

 

To ensure the development proceeds in the manner as determined by Council.

 

Performance

 

All conditions of this consent are to be complied with the standards specified.

 


Item 36 Ordinary Meeting 21 March 2011

Item 36 - Annexure 1

 

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GENERAL MANAGER’S REPORT ON MATTERS FOR NOTATION SUBMITTED TO THE Ordinary Council Meeting TO BE HELD ON Monday 21 March, 2011

Page 1

TABLE OF CONTENTS

 

 

 

ITEM 1      WBC ACTIVITIES UPDATE REPORT............................................... 1

ITEM 2      2011 E DIVISION CONFERENCE ..................................................... 1

ITEM 3      QUARTERLY REPORT ON COMPLAINTS RECEIVED UNDER COUNCIL'S CODE OF CONDUCT........................................................................................ 2

ITEM 4      CENTROC BOARD MEETING FEBRUARY 2011........................... 3

ITEM 5      NSW ELECTION ISSUES.................................................................... 4

ITEM 6      INVESTMENTS & RATES SUMMARIES.......................................... 5

ITEM 7      COMMUNITY CONSULTATION MEETING - YEOVAL.................. 6

ITEM 8      COMMUNITY CONSULTATION MEETING - LOWER LEWIS PONDS        7

ITEM 9      Investment Policy......................................................................... 7

ITEM 10    WBC ALLIANCE FINANCIAL HEALTH CHECK............................. 8

ITEM 11    CENTRAL TABLELANDS WATER - DELEGATES REPORT...... 9

ITEM 12    RESOLUTIONS REGISTER - INFOCOUNCIL - Outstanding Actions       9

ITEM 13    TQUAL GRANT................................................................................... 10

ITEM 14    Mowing Costs for the initial 2010/2011 Budget........ 11

ITEM 15    Water Usage to the 31/12/2010.............................................. 12

ITEM 16    Cabonne Trainee and Apprentice Program............... 13

ITEM 17    CABONNE ENERGY EFFICIENCY TEAM..................................... 14

ITEM 18    STRENGTHENING BASIN COMMUNITIES .................................. 16

ITEM 19    Written submissions re review of Eugowra Floodplain Risk Management Study and Plan............................................... 16

ITEM 20    MINUTES OF THE CADIA VALLEY OPERATIONS COMMUNITY CONSULTATIVE COMMITTEE MEETING..................................................................... 18

ITEM 21    DEVELOPMENT APPLICATIONS APPROVED DURING THE PRECEDING MONTH.................................................................................................. 19

ITEM 22    DEVELOPMENT APPLICATIONS RECEIVED DURING THE PRECEDING MONTH................................................................................................................. 20

ITEM 23    MEDIAN PROCESSING TIMES........................................................ 21

ITEM 24    MINUTES OF NSW ASSOCIATION OF MINING RELATED COUNCILS INC.SPECIAL MEETING.................................................................... 22

ITEM 25    MANAGEMENT OF CABONNE CEMETERIES............................ 22  

 

ANNEXURE ITEMS

 

ANNEXURE 1.1    WBC Alliance Report March 2011........................ 26

ANNEXURE 6.1    Investment Schedule 280211................................... 30

ANNEXURE 6.2    Rates graph February2011..................................... 31

ANNEXURE 7.1    Yeoval Community Consultation - Notes 2011 32

ANNEXURE 8.1    Lewis Ponds Community Consultation - Notes 2011.docx 34

ANNEXURE 9.1    Investment Policy......................................................... 37

ANNEXURE 11.1  February 11 Delegates Report........................... 43

ANNEXURE 12.1  Council Resolutions Register March 2011... 46

ANNEXURE 12.2  Community Services Resolutions Register March 2011    75

ANNEXURE 12.3  Economic Development and Tourism Resolutions Register March 2011.......................................................................... 78

ANNEXURE 12.4  Environmental Services Resolutions Register March 2011                                                                                                    80

ANNEXURE 12.5  Land Development Resolutions Register March 2011       83

ANNEXURE 12.6  Works Resolutions Register March 2011...... 84

ANNEXURE 17.1  Energy efficiency team minutes 1 December 2010       90

ANNEXURE 17.2  Energy efficiency team minutes 9 February 2011        93

ANNEXURE 20.1  Minutes of the Cadia Valley Operations Community Consultative Committee Meeting....................... 98

ANNEXURE 21.1  Development Applications Approved - February 2011       104

ANNEXURE 22.1  Development Applications Received - February 2011         112

ANNEXURE 24.1  Minutes of NSW Association of Mining Related Councils Special Meeting............................................................ 116 

 


 

 

ITEM 1 - WBC ACTIVITIES UPDATE REPORT

REPORT IN BRIEF

 

Reason For Report

To provide Council with an update on WBC activities for the preceding month.

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

WBC Strategic Alliance

Annexures

1.  WBC Alliance Report March 2011    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 226195

 

General Manager's REPORT

 

An update report on activities undertaken by the WBC Project Officer has been provided as an annexure for Councillors’ information.

 

Following is a list of current activities included in the report. For a comprehensive progress report on activities please refer to the annexure.

 

·    IT Corporate Systems Project

·    Funding opportunities

·    Climate Change Plans and Urban Sustainability Plans

·    Internal Audit

·    Asset Management – Phase 3

·    WBC Board Meeting

·    Upcoming events

 

 

 

ITEM 2 - 2011 E DIVISION CONFERENCE

REPORT IN BRIEF

 

Reason For Report

Advising of outcomes from the 2011 E Division Conference

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Government Relations

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 224969

 


General Manager's REPORT

The 2011 Conference of ‘E’ Division Councils of the Shires Association of New South Wales was hosted by Cowra Shire Council on Friday 11 February 2011.  The Conference was attended by the Mayor, Clrs Duffy, Culverson and Hyde and the General Manager.  The Conference was well attended by ‘E’ Division delegates as well as a range of representatives from the Shires Association including President Clr Bruce Miller and Dawn Fardell MP.  There were a range of matters addressed at the Conference including:

§ Address by President of the Shires Association on six main issues:

o Water Reform

o One Association

o Emergency Services Funding

o Election

o Modernisation of Local Government

o Constitutional Recognition

 

As previously advised, a late Motion submitted by Cabonne regarding RFS Increase in Program Charges was unanimously carried and will be included with the Motions submitted to the Shires Association Conference in June.

 

A full copy of the minutes which includes all Motions discussed has been emailed to Councillors.

 

 

ITEM 3 - QUARTERLY REPORT ON COMPLAINTS RECEIVED UNDER COUNCIL'S CODE OF CONDUCT

REPORT IN BRIEF

 

Reason For Report

In accordance with Clause 12.33 of Council's adopted Code of Conduct, the General Manager is required to report to Council each quarter on Code of Conduct complaints.

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Governance

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 225653

 

General Manager's REPORT

 

Clause 12.33 of Council’s adopted Code of Conduct (adopted 17 May 2010) requires the General Manager to report quarterly to Council on Code of Conduct complaints. This report should include, as a minimum, a summary of the:

a)   number of complaints received,

b)   nature of the issues raised by complainants, and

c)   outcomes of complaints.

 

This report covers the period from 1 October 2010 to 30 December 2010.

 

In regard to complaints received during the subject period, I advise that the following complaints were received:

 

Nature of Complaint

Outcome

Alleged inappropriate Councillor behaviour regarding a development application (as reported to December 2010 Council meeting)

Referred to Code of Conduct Independent Reviewer – finding –breach of Code of Conduct indicated.

 

 

ITEM 4 - CENTROC BOARD MEETING FEBRUARY 2011

REPORT IN BRIEF

 

Reason For Report

Reporting on CENTROC Board meeting held on 24 February 2011

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Government Relations

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 226599

 

 

GENERAL MANAGER’S REPORT

 

The quarterly meeting and AGM of the CENTROC Board was held on 24 February 2011 in Harden. The meeting was attended by the Mayor and General Manager.  Items discussed at the meeting were:

 

·    Bells Lines Expressway

·    Infrastructure

·    Environmental Sustainability

·    Health

·    Telecommunications

·    Regional Development

·    Constitutional Amendment

·    Tourism

 

The minutes of the Board meeting are attached.  The next meeting will be held on 26 May in Forbes.

 

 

ITEM 5 - NSW ELECTION ISSUES

REPORT IN BRIEF

 

Reason For Report

Reporting on the key themes of the NSW election issues developed by the LGSA

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Government Relations

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 225066

 

General Manager's REPORT

 

Councillors have been emailed the Local Government Association and Shires Association (LGSA) NSW Election Priorities 2011 which outlines to all parties contesting the 2011 NSW Government Election the issues of significance for councils and the communities they represent, and the LGSA's proposed solutions.

 

The LGSA is calling on all political parties contesting the 2011 NSW Government election to address and respond to the issues of concern to Local Government in the following core themes:

 

1.    Improved Local Government financial viability.

2.    Restore the balance to land use planning.

3.    Stronger support for communities.

4.    Greater natural environment protection.

5.    Enhanced infrastructure provision and maintenance.

6.    Better local governance.

 

Cabonne has identified a number of issues over the past few years and it is pleasing to see these have been included in the list of election priorities.

 

These include items such as:

 

·     Cessation of cost shifting.

·     Funding to assist with Integrated Planning & Reporting requirements in relation to financial planning, asset management and community strategic planning.

·     Introduction of competition, transparency and accountability in providing and costing energy for general electricity and street lighting.

·     Allocation of share of mining royalties for local government.

·     Repeal Part 3A and in close consultation with local government implement a genuine test for matters of state significance.

·     Guaranteed continuing local government management of Home & Community Care.

·     Increase in public library funding by $5.2M each year for the next 5 years.

·     Scale down the size of Central West and Murrumbidgee Local Health Networks and give local Councils a seat on the governing Councils of all country local health networks.

·     Reform NSW police recruitment, transfer and sick leave policies to ensure all regional, rural and remote stations are always staffed at operational levels.

·     Increase funding for noxious weed management to $20M per year.

·     Create a $1 billion Local Government Infrastructure fund.

·     Continue to provide capital funding for council owned and operated water and sewerage utilities in regional NSW (similar to the Country Towns Water & Sewer Program).

·     Improve road funding assistance for local government with special emphasis on regional roads and timber bridges.

·     Further development of the NSW Intergovernmental Agreement to establish a mechanism to determine which sphere of government should deliver a particular service in the given scenario.

·     Support the national local government campaign to recognise local government in the Australian Constitution.

·     Set up an inter-governmental commission for the future of local government to guide a comprehensive program to strengthen local government for the coming term and the future 40 years as outlined in the outcomes of the LGSA Modernising Local government Initiative.

·     Provide legislation or Premier’s Directors for NSW Government Agencies to incorporate local communities strategic plans in the State Planning process.

 

Issues contained the in LGSA NSW Election Priorities and those highlighted above will provide a good framework for discussions with candidates for the seats of Dubbo and Orange who will be in attendance at the March meeting.

 

ITEM 6 - INVESTMENTS & RATES SUMMARIES

REPORT IN BRIEF

 

Reason For Report

Information provided in relation to investments and rates.

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Finance

Annexures

1.  Investment Schedule 280211

2.  Rates graph February2011    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 218001

 

Director of Finance and Corporate Services' REPORT

 

Statements of Investments.

 

The Statement of Investments to 28 February 2011 is attached.

 

Rate Collection Summary.

 

The summary of rate collections to 28 February 2011 is attached.

 

 

ITEM 7 - COMMUNITY CONSULTATION MEETING - YEOVAL

REPORT IN BRIEF

 

Reason For Report

To inform Council on the Yeoval Community Consultation Meeting

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Community Relations

Annexures

1.  Yeoval Community Consultation - Notes 2011    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 226235

 

Director of Finance and Corporate Services' REPORT

 

The Community Consultation meeting for Yeoval was held at the Yeoval Memorial Hall on Wednesday 3rd March 2011.

 

The meeting was well attended with 24 members of the Yeoval community being present.

 

A wide range of issues were discussed at the meeting including noxious weeds, lack of sandbagging facilities, road conditions and waste issues.

 

A full report of the meeting including all matters raised by the public is attached for Councillors’ information. Staff were able to answer a majority of questions raised by the community on the night however matters outstanding will be referred to staff for follow up and reply.

 

 

 

ITEM 8 - COMMUNITY CONSULTATION MEETING - LOWER LEWIS PONDS

REPORT IN BRIEF

 

Reason For Report

To inform Council on the Lower Lewis Ponds Community Consultation Meeting

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Community Relations

Annexures

1.  Lewis Ponds Community Consultation - Notes 2011.docx    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 226764

 

Director of Finance and Corporate Services' REPORT

 

The Community Consultation meeting for Lower Lewis Ponds was held at the Clay Target Facility on Wednesday 9th March 2011.

 

The meeting was well attended with 26 members of the Lower Lewis Ponds community being present.

 

A wide range of issues were discussed at the meeting including waste issues, customer service, road maintenance issues, weeds and the Area 51 motorcycle track.

 

A full report of the meeting including all matters raised by the public is attached for Councillors’ information. Staff were able to answer a majority of questions raised by the community on the night however matters outstanding will be referred to staff for follow up and reply.

 

 

ITEM 9 - Investment Policy

REPORT IN BRIEF

 

Reason For Report

To advise Council's Investment Policy

Policy Implications

Yes

Budget Implications

No

Area of Responsibility

Finance & Corporate Services

Annexures

1.  Investment Policy    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 226432

 


Finance Manager's REPORT

 

To advise Council of the current Investment Policy. Please see annexure attached.

 

 

ITEM 10 - WBC ALLIANCE FINANCIAL HEALTH CHECK

REPORT IN BRIEF

 

Reason For Report

To advise the outcome of the Financial Health Check for the WBC Alliance Partners

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Finance

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 226297

 

Finance Manager's REPORT

 

Council has received the Financial Health Checks from each of the WBC Alliance partners.  The combined results for the alliance are shown below:

 

 

As previously reported to council the data provided shows that Cabonne Council is in a strong and robust financial position, achieving seven out of seven green indicators.

 

While there is room for improvement within the combined Alliance, some positive results have been achieved, showing three positive indicators and one sound indicator.

 

 

 

ITEM 11 - CENTRAL TABLELANDS WATER - DELEGATES REPORT

REPORT IN BRIEF

 

Reason For Report

To keep Councillors up to date with the activities of Central Tablelands Water

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Water Supply

Annexures

1.  February 11 Delegates Report    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 225794

 

Administration Manager's REPORT

 

As requested by Council a report has been received from the delegates to Central Tablelands Water for the meeting of 11 February 2011 of that organisation.

 

A report of the meeting is attached and any questions should be directed to the delegates.

 

ITEM 12 - RESOLUTIONS REGISTER - INFOCOUNCIL - Outstanding Actions

REPORT IN BRIEF

 

Reason For Report

To provide Council with a report of outstanding actions resulting from the May 2009 to last month's Council and Committee meetings.

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Governance

Annexures

1.  Council Resolutions Register March 2011

2.  Community Services Resolutions Register March 2011

3.  Economic Development and Tourism Resolutions Register March 2011

4.  Environmental Services Resolutions Register March 2011

5.  Land Development Resolutions Register March 2011

6.  Works Resolutions Register March 2011    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 226052

 

Administration Manager's REPORT

InfoCouncil generated reports are provided including May 2009 to February 2011 Resolutions.  These are annexed sorted by meeting i.e. Council, Community Services, etc. 

 

As previously advised the Council and Committees’ resolutions registers from March meetings onwards also show the outstanding Resolutions.

 

Progress comments are provided until the final Action comment which will also show “COMPLETE”: that Item will then be removed from the Registers.

 

Councillors should raise any issues directly with Directors as per the Mayor’s request.

 

ITEM 13 - TQUAL GRANT

REPORT IN BRIEF

 

Reason For Report

To advise Council of TQUAL grant funding opportunities.

Policy Implications

Nil

Budget Implications

Matching dollar required for grant income received

Area of Responsibility

Economic Development

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 226445

 

Economic Development Manager's REPORT

 

Council Economic Development and Tourism staff have identified a valued opportunity to obtain funding under the Tourism Quality Projects or TQUAL grant program. 

 

The TQUAL grant program is administrated through the federal government and is only available every second year aimed at tourism projects or strategic tourism investment.

 

The Government has allocated $40 million over 4 years from 1 July 2011 for TQUAL grants to stimulate sustainable economic growth in the Australian tourism industry.  Funding is now available for tourism projects that enhance and refresh Australia’s tourism offering and its competitiveness as a destination. 

 

Two types of funding are available, with Tourism Quality Projects of up to $100,000 + GST for smaller scale projects now open.  The second type of funding (and soon to be available for application) is for Strategic Tourism Investment Grants of up to $1 million + GST to fund a small number of larger scale projects to support economic development, tourism employment and indigenous tourism.

 

As a result, discussions have been held with Age of Fishes Museum to further development this community asset for the Shire and the region.

 

Council staff have been preparing a grant application under the Tourism Quality Projects to apply for funding to assist Council to undertake a feasibility study to implement Stage 2.  Stage 2 involved building a facility that would accommodate the internationally acclaimed fossil collection that is currently being stored in an unsatisfactory condition in a sporting facility in Canowindra.  At present, the existing facility and the method of storage utilised (ie: on pallets up to 5 fossil specimen deep) does not provide safe access to the recovered fossils and is inaccessible for studying and appreciation. 

 

Stage 2 is proposed to be built onsite at the Age of Fishes Museum and will compliment the existing unique exhibition which allows visitors to study what happened there 360 million years ago in the Devonian Period.  

 

Council staff are obtaining quotes to gain an understanding of the funding required to undertake a feasibility study.  The feasibility study will investigate what the minimum requirements are for this space, building type, project costs, benefits, partnerships, education and training programs opportunities, long term viability through improved visitation and so on.

 

Application for the TQUAL grant Tourism Quality Projects closes 15 April. 

 

Council staff will be monitoring the opening of the Strategic Tourism Investment Grants under the TQUAL program and consider the opportunity to apply for funding to redevelop Mount Canobolas, a regional tourist attraction in the Central West.  This level of investment will require many partnerships and include open discussions with many stakeholders, for example Orange City Council, NSW National Parkes and Wildlife Service, etc.

 

 

ITEM 14 - Mowing Costs for the initial 2010/2011 Budget

REPORT IN BRIEF

 

Reason For Report

In accordance with a resolution from the February Meeting of Council

Policy Implications

NIl

Budget Implications

Nil

Area of Responsibility

Finance

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 225743

 

Senior Accounting Officer's REPORT

 

 

The initial budget estimate for 2010/2011 in the area for mowing  was for $20,520 in the Public Recreation section in Parks, Gardens, Reserves and Showgrounds. This amount was increased only by the allowable rate increase of 2.6% for the year from the previous year.

 

Footpath mowing in the Town Beautification area was increased  to $104,571 which again was increased by 2.6% above the amount allowed for the 2009/2010 budget.

 

An additional $22,500 was also available from the Rural Fire Service Hazard Reduction program, this amount was also available in the previous year.

 

In total, an amount of $147,591 was allocated to mowing in the urban areas of the Council for the initial 2010/2011 budget.

 

In the Quarterly Budget Review for the period ending 31st December 2010, an additional $30,000 was reallocated from street cleaning to the mowing area, as the demand for mowing has increased greatly. The level of service for street cleaning has not fallen and there is ample funding in that area for the remainder of the year.

 

ITEM 15 - Water Usage to the 31/12/2010

REPORT IN BRIEF

 

Reason For Report

In accordance with a Council Resolution from the February 2011 Council Meeting

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Finance

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 225760

 

Senior Accounting Officer's REPORT

 

At the time of presentation of the December Quarterly Budget Review the figures for the latest water meter readings were not available. However, it  has now become apparent that the water consumption figures to that date  are considerably down, in comparison to the usage as at the same time for the previous year.

 

The total consumption for the combined  water supplies  for the period from 01/07/2009 to 31/12/2009  was 126,589 kls.

 

For the period  from 01/07/2010 to 31/12/2010 the  total consumption was 69,773 kls, representing a decrease  in overall consumption rates of 81.42% in comparison to the same period of the previous year

 

The following graph indicates those results in greater detail.

 

 

 

The unseasonably wet conditions during the most recent period was the sole contributing factor to this result. For the  coming budget the water access charges and usage charges will again have to be reviewed, inline with the Department’s criteria of full cost recovery for  the provision of water services. The Department, however, acknowledges that from time to time seasonal events will impact on Council’s  ability to comply with this requirement.

 

An adjustment to the estimated income for the water supplies, for the current year,  will be made in the March Quarterly Budget Review.

 

ITEM 16 - Cabonne Trainee and Apprentice Program

REPORT IN BRIEF

 

Reason For Report

to update Council on the trainee and apprentice intake for 2011

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Human Resources

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 225739

 

Human Resources Officer's REPORT

 

Council commenced advertising in December last year for the following positions; 1 Administrative Trainee in the Molong Office, 1 Records Traineeship in Molong, 1 Health & Building Surveyor Traineeship in Molong,  1 Administrative Trainee in the Cudal Office and  1 I.T Traineeship in Molong.

 

The response was outstanding, for the Administration and Records positions in Molong and Cudal,  Council received 16 applications, the I.T traineeship received 15 applications and the Health & Building Surveyor Traineeship received 7 applications.

Interviews have taken place throughout January and the following applicants were successful:

 

Jessica Smith - Administrative Trainee Molong Office

Brooke Johnstone – Administrative Trainee Cudal Office

James Allen– I.T Trainee Molong Office

Kristi Whiteman  – Records Trainee Molong Office

Ethan Davies – Health and Building Surveyor Trainee.

 

It is fantastic to note that 4 out of the 5 new employees reside within the Cabonne Shire. The Administrative Trainees will be completing a certificate III in Business, the Health and Building Surveyor will be completing a Diploma in Building Surveying, the I.T Trainee will be completing a certificate III in Information Technology, and the Records Trainee will be completing a Certificate III in Recordkeeping.

 

In addition to the 5 trainees taken on this year, Council currently employs a Horticulture Trainee, 2 Drafting Apprentices and an Apprentice Plant Mechanic

 

ITEM 17 - CABONNE ENERGY EFFICIENCY TEAM

REPORT IN BRIEF

 

Reason For Report

To inform Council of the activities of the Cabonne Energy Efficiency team

Policy Implications

Nil

Budget Implications

Yes

Area of Responsibility

 Finance

Annexures

1.  Energy efficiency team minutes 1 December 2010

2.  Energy efficiency team minutes 9 February 2011    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 226077

 

Communications and Media Officer’S REPORT

 

Council has established an Energy Efficiency Team consisting of staff members across a spectrum of the organisation to examine energy saving initiatives within its operation and to determine energy efficiency strategies.

The team’s aim is to suggest, investigate and action initiatives which will achieve savings for ratepayers and may be seen as an example for the wider community.

 

The team will conduct reviews of any actions to determine the cost benefits and measure the success.

 

Strategies undertaken or being investigated, range from simple measures such as timers on water heaters to major capital projects like the installation of solar power generation plants on Council’s buildings.

 

A fund has been established to finance strategies and any savings from these initiatives will be returned to a reserve to be spent on more energy-saving actions.

 

Actions being undertaken by the Energy Efficiency Team include:

 

·    Electricity Account Analysis, including the E21 Plus Program to analyse electricity accounts and identify savings;

·    Solar Power Generation feasibility;

·    Solar-powered LED Street Lighting Trial;

·    Continued use of ‘soft starters’ on sewer pumps;

·    Air-conditioning timers;

·    Water heater timers, which have saved 14 hours of electricity use per day at Council’s Molong and Cudal Offices;

·    Motion sensor switches at Council’s caravan parks;

·    Signs urging people to conserve power at Council’s caravan parks;

·    Energy audits of the Molong Office and Molong Limestone Quarry;

·    Investigation into installation of on-demand gas heaters at Molong and Canowindra Caravan Parks and Council’s sporting fields; and

·    Free lighting audit of Molong and Cudal Offices.

Mr Wolfgang Messing, from the LH Group, will present the findings of his lighting audit of Molong and Cudal Offices to the next meeting of the Energy Efficiency Team on 5 April 2011.

 

All staff members are invited to submit suggestions and ideas for energy saving initiatives for the Energy Efficiency Team to consider.

 

 

 

 

 

ITEM 18 - STRENGTHENING BASIN COMMUNITIES

REPORT IN BRIEF

 

Reason For Report

To inform Council that the application for funding for Yeoval and Cumnock water security and treatment project was unsuccessful.

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Water Supply

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 226084

 

Director of Engineering and Technical Services' REPORT

 

Council will recall that application was made for the Yeoval and Cumnock water security and treatment project submitted under the Water Saving Initiatives component of the Strengthening Basin Communities Program.

 

This application was not successful in receiving the funding in this round.

 

Funding submissions for the upgrade of Yeoval and Cumnock have been made through the CENTROC Regional Infrastructure Strategy. CENTROC delegates will be meeting with Government Ministers late March to discuss the strategy. Yeoval and Cumnock receive high priority in the Regional Infrastructure Strategy.

 

ITEM 19 - Written submissions re review of Eugowra Floodplain Risk Management Study and Plan

REPORT IN BRIEF

 

Reason For Report

Informing council of the collated results of the submissions

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Flood Mitigation

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 224005

 

Urban Assets Coordinator's REPORT

Following on from the recent meetings in Eugowra to discuss the draft Eugowra Floodplain Risk Management Study and Plan (FRMS) Council has received nine written submissions. Individual submissions often addressed a number of issues and the collated results are interpreted below.

There were five broad categories of concern.

1       Financial support from Council

2       Levee banks

3       Vegetation management, removal of impediments to flood flow

4       Voluntary purchase

5       Planning, development, education 

Financial support from Council

Concerns expressed under this heading were in regard to the difficulty of households in finding funding for house raising, flood insurance and loans for flood reconstruction. Normal sources of loan funding (banks) were reluctant to invest money in flood affected housing. Home owners lacked the capital for these matters and were looking to Council for financial assistance.

Levee Banks

Support for levee banks of various dimensions and in various locations was strong, but not universal. One writer was of the opinion that levee banks would “devalue Eugowra”.

Vegetation management, removal of impediments to flow

Support was expressed for the removal of vegetation in the creek to expedite flow downstream and reduce overbank flooding. Support was also expressed for removal of man made obstructions such as fences, where possible, to improve flood flow across ground and reduce the flood extent. There were also some suggestions for overflow channels to improve flow of water downstream.

Voluntary Purchase

This category received a mixed response. There was some support for voluntary purchase, some objections to it and concerns about the effects on remaining properties and on the village in general.

Objections to voluntary purchases seem to be based on the fear that people who sell their houses would leave the village resulting in a diminishing population and consequent loss of services to those who remain.

Support for voluntary purchases comes from those whose houses are flood prone and who wish to relocate out of the floodway. It should be noted that there are approximately twenty more houses identified under the current plan that are suitable and recommended for voluntary purchase. Of course not all residents of these houses will want to sell to Council.

Council has voluntarily purchased six houses in Eugowra to date.

Planning, development and education.

This category covers everything else not covered by the previous categories. Suggestions here included:

a)   extra rain and flood monitoring equipment,

b)   flood education for residents

c)      emphasis on development in east Eugowra instead of west Eugowra

d)   ensuring the telephone exchange was safe from flooding

Given that there is so much community concern regarding the issue of flooding in Eugowra it could be expected that Council would have received more submissions. However, it may be reasonably concluded that these written submissions are typical of the overall feeling of the Eugowra community, consistent with the verbal comments made at the public meeting.

Conclusions

Certain conclusions might be drawn from the experience of Molong where the recent vegetation management in the creek did, anecdotally, expedite the flood flow in the channel and reduce overbank flooding. Vegetation management is relatively cheap and cost effective and is highly visible to the community. Minutes from the public meeting indicate strong support for this option.

Levee banks are a popular option as well but are expensive and need to be carefully planned. Levees alone are not a panacea for the flooding that afflicts Eugowra and there does not appear to be a universal consensus on where to construct them or their dimensions.

 

ITEM 20 - MINUTES OF THE CADIA VALLEY OPERATIONS COMMUNITY CONSULTATIVE COMMITTEE MEETING

REPORT IN BRIEF

 

Reason For Report

For the information of Council.

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Environmental Services

Annexures

1.  Minutes of the Cadia Valley Operations Community Consultative Committee Meeting    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 225797

 

Director of Environmental Services' REPORT

 

On the 14 February 2011 the Director of Environmental Services attended the Cadia Valley Operations Community Consultative Committee meeting. The minutes of this meeting are attached for the Council’s information.

 

 


ITEM 21 - DEVELOPMENT APPLICATIONS APPROVED DURING THE PRECEDING MONTH

REPORT IN BRIEF

 

Reason For Report

Details of Development Applications approved during the preceding month.

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Development Approvals

Annexures

1.  Development Applications Approved - February 2011    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 225809

 

Director of Environmental Services' REPORT

 

The following Development Applications have been approved during the period 1/02/2011 to 28/02/2011 as detailed in the Annexure.

 

SUMMARY OF APPROVED DEVELOPMENT APPLICATIONS

 

TYPE

NUMBER

ESTIMATED VALUE

Dwelling

2

$ 640,000

Swimming Pool

1

$ 1,000

Tourist Facility

1

$ 95,000

Additions/Alterations

2

$ 68,250

Transportable/Relocatable

1

$ 139,450

Subdivision

1

$

Boundary Adjustment

1

$

Unknown

1

$

TOTAL

10

$ 943,700

 

SUMMARY OF APPROVED COMPLYING DEVELOPMENT* APPLICATIONS

 

TYPE

NUMBER

ESTIMATED VALUE

Additions/Alterations

2

$ 270,000

Swimming Pool

2

$ 21,800

Hayshed

1

$ 45,000

TOTAL

5

$ 336,800

 

 

GRAND TOTAL

15

$ 1,280,500

Previous Month

10

$ 1,985,851

*Complying Developments can be identified on the attached report by the 4 digit DA number i.e. 2010/1073 & 2010/1074

ITEM 22 - DEVELOPMENT APPLICATIONS RECEIVED DURING THE PRECEDING MONTH

REPORT IN BRIEF

 

Reason For Report

Details of Development Applications received during the preceding month

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Environmental Services

Annexures

1.  Development Applications Received - February 2011    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 225818

 

Director of Environmental Services' REPORT

 

The following 20 Development Applications have been received during the period 1/02/2011 to 28/02/2011 as detailed in the Annexure.

 

SUMMARY OF DEVELOPMENT APPLICATIONS RECEIVED

 

TYPE

NUMBER

ESTIMATED VALUE

Dwelling

7

$ 1,858,000

Garage

1

$ 30,000

Boundary Adjustment

1

$ 131,400

War Memorial

1

$ 4,000

Storage Shed

1

$ 20,000

Additions/Alterations

1

$ 76,000

Other Business Premises

1

$ 200,000

Demolition

1

$

Subdivision

1

$

TOTAL

15

$ 2,319,400

 

SUMMARY OF COMPLYING DEVELOPMENT* APPLICATIONS RECEIVED

 

TYPE

NUMBER

ESTIMATED VALUE

Dwelling

1

$ 70,000

Additions/Alterations

1

$ 200,000

Hay Shed

1

$ 45,000

Swimming Pool

2

$ 21,800

TOTAL

5

$ 336,800

 

GRAND TOTAL

 

20

 

$ 2,656,200

 

*Complying Developments can be identified on the attached report by the 4 digit DA number i.e. 2011/1001 & 2010/1002

 

 

ITEM 23 - MEDIAN PROCESSING TIMES

REPORT IN BRIEF

 

Reason For Report

To provide information on Application Processing Times

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Development Approvals

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 225823

 

Director of Environmental Services' REPORT

Summary of median Application Processing Times over the last five years for the month of February:

 

YEAR

MEDIAN ACTUAL DAYS

2007

6

2008

20

2009

29

2010

78

2011

14

 

 

Summary of median Application Processing Times for 2011:

 

MONTH

MEDIAN ACTUAL DAYS

January

33

February

14

March

 

April

 

May

 

June

 

July

 

August

 

September

 

October

 

November

 

December

 

 

 

 

 

 

ITEM 24 - MINUTES OF NSW ASSOCIATION OF MINING RELATED COUNCILS INC.SPECIAL MEETING

REPORT IN BRIEF

 

Reason For Report

For the information of the Council

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

MINING RELATED COUNCILS

Annexures

1.  Minutes of NSW Association of Mining Related Councils Special Meeting    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 225928

 

Director of Environmental Services' REPORT

 

Attached is a copy of the minutes of the February Special Meeting of the Association of Mine Related Councils at Parliament House, for the information of the Council. 

 

ITEM 25 - MANAGEMENT OF CABONNE CEMETERIES

REPORT IN BRIEF

 

Reason For Report

For the information of Council

Policy Implications

Requires development of suitable policies and procedures to facilitate sustainable management of Cabonne's cemeteries

Budget Implications

Any consideration to increase the level of service provided for cemetery maintenance will have budget implications

Area of Responsibility

Cemeteries

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 226469

 

Director of Environmental Services' REPORT

 

The February 2011 Council meeting was addressed by Mrs Eileen Ford, who expressed her concerns regarding the maintenance provided by Council of the Molong Cemetery.  The Council resolved that:

 

Council receive a report to the March Council meeting relating to the Molong Cemetery to address:

 

1.      Where the $20,000 previously allocated to cemeteries had been expended.

2.      Issues related to garbage bins, gazebo, water tank, drainage control, trees, landscaping, rabbits and rabbit holes at all cemeteries and subsequent funding.

 

Council is responsible for the operation and management of eleven (11) general cemeteries across Cabonne. These cemeteries are located at:

 

                   Baldry

                   Canowindra

                   Cargo

                   Cumnock

                   Cudal

                   Eugowra

                   Garra

                   Manildra (Meranburn)

Molong

Nyrang Creek

                   Toogong

 

The cemeteries contain monumental sections (older sections of the cemetery), beam sections (new monumental areas), columbariums. Cumnock has a garden area for ashes. None of the cemeteries are lawn cemeteries. Each are set in a rural context.

 

One full time maintenance officer is employed to attend to cemetery maintenance matters including mowing, (including use of tractor, large mower, push mower and whipper sniper machinery), tree and shrub pruning, site management including garbage disposal, boundary fence repairs, pegging reservations and graves, interring ashes, installation of beam monuments and plaques, grave levelling and filling of subsidence areas, weed spraying, rabbit control, drainage works, stockpiling of topsoil, removal of discarded monuments, supervising contractor activities ie monumental masons and grave diggers.

 

Council’s cemetery clerk administers general inquiries, grave and burial reservations, burial permits, applications for erection of monuments, family history enquires, pegging grave sites and liaising with funeral directors, grave diggers, monumental masons and individuals.

 

Cemetery inquiries are often emotive and Council staff are often faced with difficult situations requiring considerable compassion. It is not always possible for Council to satisfy the expectations of grieving relatives. It is therefore important for Council to adopt a clear strategy that identifies the level of service that is able to be provided with respect to the maintenance of the cemeteries.

 

Council’s Environmental Officer had commenced preparation of a works plan for the maintenance programs associated with each cemetery prior to her taking maternity leave. Progress on cemetery maintenance programs have been reported to Council’s Environmental Services and Sustainability Committee – the last report in March 2010.

 

In the last financial year programs had included updating denominational signage in all cemeteries, work on improving access roads and maintaining boundary fencing. The maintenance officer had been trained to carry out rabbit control activities. A grants program had been approved to construct a gazebo at the Canowindra Cemetery, and a project was under way with the Canowindra High School to replace part of the Canowindra Cemetery boundary fence (that project is to continue this year).

 

The Director Environmental Services has commenced the preparation of a comprehensive strategic management plan to encompass each of the 11 cemeteries. Due to a family bereavement it has not been possible to complete a draft of the management plan in time for the March Council meeting.

 

With regard to expenditure of funds for cemetery management works in recent years included items such as:

 

2001/02     $419 concrete beam Canowindra     

$3000 access ramp at Cargo

$6000 fencing at Molong

2002/03     $3310 - CIP grant to construct a gazebo at the Molong cemetery

                   $3000 improvements

2006/07     $3288 road upgrades

2006/07     $3000 upgrade driveways

                   $3485 improvements

2008/09     $10,273 survey of Molong cemetery

                   $5607 cemetery computer records system

2009/10     $26,730 signage upgrade and fence improvements

                   $5650 beams at Molong

                   $13625 beams at Canowindra

2010/11     $6391 columbarium walls at Molong

 

The above figures are not exhausitve but provide an indication of the areas of expenditure.

 

Weed spraying, grave levelling, subsidence filling, rabbit control, removal of graffiti off gazebo, and general working expenses are also factors in the cemetery budget. Working expenses alone are in the order of $107,000 per year.

 

Income is generated from sale of columbarium niches and headstones. Income is approximately $40,000 per annum.

 

The detailed operation of the 11 cemeteries, the level of service provided and the overall strategic management of each individual cemetery will be provided to council for further consideration once the Cabonne Cemeteries Strategic Management Plan has been completed. Such a document will enable decisions to be made on Council’s future works programs to address cemetery management and community expectations.

 

A further report will be provided to council and will address issues relating to the management of each cemetery.

 

 

 

 

  


Item 1 Ordinary Meeting 21 March 2011

Item 1 - Annexure 1

 

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Item 6 Ordinary Meeting 21 March 2011

Item 6 - Annexure 1

 

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Item 6 Ordinary Meeting 21 March 2011

Item 6 - Annexure 2

 

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Item 7 Ordinary Meeting 21 March 2011

Item 7 - Annexure 1

 

 

PRESENT

Mayor R Dowling, Deputy Mayor N Bleakley, Councillors J Farr, A Durkin, G Dean, L MacSmith, K Duffy, J Culverson, D Hyde, I Gosper, Director of Finance & Corporate Services, Director of Engineering and Technical Services, Ann Jones, Allan Dive, Owen Johns, Shirley Drysdale and 24 members of the Yeoval Community.

 

 

APOLOGIES

Councillors S Wilcox, K Walker, General Manager, Director of Environmental  Services, Communications and Media Officer.

 

 

1.   Introduction

 

 

2.   Welcome

 

The Mayor opened the meeting and thanked those present for their attendance. He then gave a brief introduction and outline of the purpose of the meeting and introduced Councillors and staff from Cabonne and Wellington in attendance.

 

3.   List of Items discussed by Councillors and senior staff:

 

2011/12 Management Plan

WBC Strategic Alliance Update

Economic Development and Tourism

Daroo Awards

Men’s Shed

Community Services – Family Day Care

Communication/Customer Service

Flooding Impact

Roads & Bridges

Water Reform – Infrastructure Australia

Sewer Update

Council Works – Local Area

Noxious Weeds

Waste Management

Local Environment Plan (LEP) Update

 

 

4.   Items for Discussion

 

Noxious Weeds

 

A question was raised in regards to Council’s position on Control of Noxious Weeds in rubbish tips.

 

Action: DETS to request weeds staff to spray area

 

Yeoval Tip

Concerns were raised in relation to the need for the person manning the rubbish tip and the need to collect cash. It was advised that the main reason was to regulate use of the tip.

 

A question was also asked in regards to the opening times for the tips and why the tip is only open on a Wednesday and Saturday. The Director of Finance and Corporate Services responded that the opening days were the result of a community survey a few years ago.

 

Sand Bagging

 

In response to a question raised as to why there were no sandbagging facilities in Yeoval it was advised that there is no SES Unit in Yeoval. It was indicated that it may be possible for the SES to liaise with the local RFS to establish facilities.

 

Action: DETS to liaise with SES Controller.

 

Sandy Creek Bridge

 

A question was raised as to when the old cement crossing on the downstream side of Sandy Creek Bridge on the Dubbo Road would be cleared up.

 

Gundong Road

 

A question was raised as to when the Gundong Road is listed for sealing. DETS advised this was on the 2011/12 works program.

 

Buckinbah Railway Bridge

 

Discussion was had in relation to the Buckinbah Railway Bridge and whether it can be pulled down before someone is hurt.

 

Action: DETS to write to ARTEC

 

Councillor Dowling invited Wellington Councillor Ann Jones to address the meeting in relation to Wellington Council issues.

 

Conclusion

 

The Mayor thanked those in attendance and invited them to join with Council and senior staff for supper.

 

The meeting concluded 8.45pm

 

 

 

 


Item 8 Ordinary Meeting 21 March 2011

Item 8 - Annexure 1

 

 

PRESENT

Mayor R Dowling, Deputy Mayor I Gosper, Councillors  A Durkin, G Dean, L MacSmith, K Duffy, J Culverson, D Hyde, General Manager, Director of Engineering and Technical Services, Director of Environmental Services, Communications & Media Officer and 26 members of the Lewis Ponds Community.

 

 

APOLOGIES

Councillors S Wilcox, K Walker, J Farr, General Manager, Director of Environmental  Services, Communications and Media Officer.

 

 

1.   Introduction

 

 

2.   Welcome

 

The Mayor opened the meeting and thanked those present for their attendance. He then gave a brief introduction and outline of the purpose of the meeting and introduced Councillors and staff from Cabonne and Wellington in attendance.

 

3.   List of Items discussed by Councillors and senior staff:

 

2011/12 Management Plan

WBC Strategic Alliance Update

Economic Development and Tourism

Daroo Awards

Men’s Shed

Community Services – Family Day Care

Communication/Customer Service

Rural Fire Service

Flooding Impact

Roads

Council Works – Local Area

Noxious Weeds

Stream Clearing

Waste Management

Local Environment Plan (LEP) Update

 

 

4.   Items for Discussion

 

Waste

·    Cost to dispose of household waste in wheelie bins at Orange tip

·    Question - follow up from issues raised at last meeting re provision of mobile service one morning a month.  The Director Of Environmental Services advised that this was part of a ‘whole of Council’ approach to waste management and would be reported to Council as soon as the Consultants Report was received.

·    Question re tip access fee

·    Updates on waste management on website – use of quarterly rates instalments for newsletters/updates

 

Action

 

1.    Director Of Environmental Services to provide Consultants Report to Council when finalised.

2.    Copy of Councils considerations to be placed on website and media release prepared.

LEP

 

·    Minimum lot sizes – potential to break up areas into small blocks in Lewis Ponds/Icely/Byng area.

 

Communication/customer service

 

·    Suggest ‘spotlight’ section on website to enable easy updates

·    Question who formed Lewis Ponds Progress Association Group, not representative, need to expand

·    Communication between Councillors important

·    Good use of Customer Service Request Forms

·    Noted venue is Lewis Ponds not Lower Lewis Ponds as appeared on agenda

·    Further ways to identify promotion of meeting – letter box drop, email addresses, sign on road, flyer to postman

 

Action

 

1.    Communications & Media Officer to investigate potential for ‘spotlight’ section on website.

2.    Communications & Media Officer to seek ideas from Councillors and local Progress Associations/groups on best way to advertise.

Roads

 

·    Lewis Ponds crossing – half road still closed

·    Gowan Road – condition

·    Gowan Road to Ophir Reserve – drainage improvements required

·    Funding – grant sources (including black spot funding)

·    Signage on bridge on  Lewis Ponds Road

·    Byng Road – width – trucks using

·    Byng Road – trees over grown and over hanging

·    Why was so much money spent on White Rocks Road and other roads ignored?

·    Practice of grading material from side of roads creates problems

·    Council increasing grade, water and roll technique

·    Condition of Post Office Lane

·    Treatment of table drains and mitre drains

·    How funds are allocated through budget process

 

Action

 

1.    Director Of Engineering & Technical Services to review and if necessary arrange inspection of roads issues raised.

 

Weeds

 

·    Concern re serrated tussock – Class 4 vs Class 3 weed – benefits and impact on landholders

·    Serrated tussock – spraying too late in season review spraying program

·    Serrated tussock – Woolnut Station prolific infestation

·    Serrated tussock – letter from Dpt Primary Industry (?) re weeds problem and removal of weeds Cabonne responsibility – Area 51

 

Action

 

1.    Director Of Engineering & Technical Services to discuss with Weeds staff re timing of spraying program

2.    Director Of Environmental Services to follow up if letter received from Dpt of Primary Industry.

 

Planning

 

·    Support for abolishment of Part 3A of EP&A Act

 

 

Area 51 Motorcyle Track

 

·    Suggested that consultant for applicants be invited to on-site meeting

·    Question when information from RFS would be received and report prepared to council

·    Undertaking given that council would organise on site meeting with objectors

 

Action

 

1.    Director Of Environmental Services to advise when on site meeting can be scheduled with objectors

2.    Director Of Environmental Services to liaise with applicants re extending invite to consultant to attend on site meeting

 

Conclusion

 

The Mayor thanked those in attendance and invited them to join with Council and senior staff for supper.

 

The meeting concluded 8.45pm

 

 

 

 


Item 9 Ordinary Meeting 21 March 2011

Item 9 - Annexure 1

 

Investment Policy

1 Document Information

Version Date
(Draft or Council Meeting date)

[21 June 2010]

Author

Finance Manager

Owner

(Relevant director)

Director of Finance & Corporate Services

 

Status –

Draft, Approved,  Adopted by Council, Superseded or Withdrawn

Adopted by Council

Next Review Date

Within 12 months of Council being elected

Minute number
(once adopted by Council)

10/06/18

2 Summary

The General Manager or his delegated representative have authority to invest surplus funds.

Approvals

Title

Date Approved

Signature

Director of Finance & Corporate Services

 

 

3 History

Minute No.

Summary of Changes

New Version Date

 

Referred to DFCS for version date or minute number – 27 February 2007

 

10/02/17

Readopted by Council

15 February 2010

10/06/18

Readopted by Council

21 June 2010

 


 

4 Reason

Ø To undertake investment of surplus funds in line with Council’s current Investment Strategy.

 

Ø To maximise earnings from authorised investments and ensure the security of Council Funds.

5 Scope

The General Manager or his delegated representative have authority to invest surplus funds.

6 Associated Legislation

All investments are to be made in accordance with:

Ø Local Government Act 1993 - Section 625;

Ø Local Government Act 1993 - Order (of the Minister) dated 17 March 2000;

Ø The Trustee Amendment (Discretionary Investments) Act 1997 – Sections 14A(2), 14C(1) & (2);

Ø Local Government (Financial Management) Regulation 1999 – Clause 16

7 Definitions

8 Responsibilities

8.1 GM

The General Manager is responsible for the overall control and implementation of the policy.

8.2 Directors and Managers

Directors and Managers are responsible for the control of the policy and procedures within their area of responsibility.   The Finance Manager has is delegated to invest surplus funds under delegation by the General Manager.  And provides guidance to the Loans and Investment Accounting Officer

8.3 Supervisors

8.4 Employees

8.5 Others

9 Related Documents

Document Name

Document Location

 

 

10 Policy Statement

Delegation of Authority

 

The General Manager or his delegated representative have authority to invest surplus funds.

 

Currently this authority is delegated to the Finance Manager.  From an operational perspective investments are undertaken by the Loans and Investment Accounting Officer under the guidance of the Finance Manager.


 

Authorised Investments

 

All investments must be denominated in Australian Dollars.  Authorised Investments would include but not necessarily be limited to:

 

Ø Local / State / Commonwealth Government Bonds, Debentures or Securities;

 

Ø Managed funds (securities) issued by a fund manager (or its ultimate parent company), who has a minimum long term credit rating of A (S&P Australian Ratings) or better, or Moody Investor Services equivalent.

 

Ø Deposits in prescribed securities that either have a minimum long term credit rating of A or short term rating of A1from Standard & Poors or Moody Investor Services equivalent;

 

Ø Interest bearing deposits /  securities issued by a licensed bank, building society or credit union;

 

Ø Investments with NSW Treasury Corp/Hourglass Investment Facility; and

 

Ø Deposits with the Local Government Financial Services (“LGFS”).

 

Ø Inland Marketing Corporation.

 

Guidelines

 

(A)     Approved Investments with Funds Managers would include:



Fund Type

Minimum
Investment
Time Horizon

Maximum Exposure  as % Total
Investment Portfolio

Cash Funds (at call)

0-180 days

0-100

Cash Plus / Cash Enhanced Funds / or equivalent

3-12 mths

0-95

 

The asset structure and features of the fund are to be consistent with the time horizon, risk parameters, and liquidity requirements of Council as set out in its Investment Strategy.

 

(B)     Council’s Direct Investments

 

          (I)      Quotations on Investments

 

                   Not less than three (3) quotations shall be obtained from authorised institutions when an investment is proposed. 

         

          (II)     Term to Maturity

         

The term to maturity of any Council’s direct investments may range from “at Call” to six months, unless specifically approved by Finance Manager or Director of Finance & Corporate Services.


 

 

(C)    General Policy Guidelines

                   Diversification/Credit risk

 

          (I)      Managed Fund Investments

 

The total amount invested with any one fund manager should not exceed 45% of average annual funds invested.

 

(II)     Direct Investments

 

The amount invested with any one financial institution should not exceed the following percentages of average annual funds invested.

Long Term Rating

(Standard & Poors)

Short Term Rating

(Standard & Poors)

Maximum Percentage of

Total Investments

AAA to AA-

             A1+

45%

A+ to A-

             A1

40%

BBB+ to BBB-

             A2

0

Unrated Credit Union

Unrated

15%

         

The aggregate of investments should not exceed the following percentages of all investments.

 

Long Term Rating

(Standard & Poors)

Short Term Rating

(Standard & Poors)

Maximum Percentage

Permitted

AAA to AA-

             A1+

100%

A+ to A-

             A1

85%

BBB+ to BBB-

             A2

0

Unrated Credit Union

Unrated

15%

 

(iii)     Credit Ratings

 

                 If any of Council’s investments are downgraded such that they no longer fall within these investment policy guidelines, they will be divested as soon as is practicable.

 

(iv)       Council’s attitude to Risk

 

The investment guidelines attached to the 17 March 2000 Ministerial Order requires councils to “exercise the care, diligence and skill that a prudent person would exercise in investing council funds.  A prudent person is expected to act with considerable duty of care, not as an average person would act, but as a wise, cautious and judicious person would.”

Cabonne Shire Council believes this requirement will be satisfied if all investments are made subject to the following minimum constraints.  Council also expects that the investment strategy process may identify reasons to impose other constraints.

·    Majority of investments (85%) must be of “investment grade” credit rating which implies that there is a better than “adequate” or “satisfactory” capacity to meet obligations.

·    Majority of investments (85%) should be dealt through reputable institutions with a credit rating of at least “A”

·    Investments must be diversified across institutions with no more than 45% of the investment portfolio to be invested with any one institution.

·    All investments must be for a period no longer than the period over which the underlying liability could reasonably be expected to arise.

·    Where there is no identified underlying liability the average term to maturity of the investments should not exceed 3 years.

·    The investment portfolio must be managed in such a way that Council is able to meet is obligations at all times.

·   

(D)    Performance Benchmarks

 

Investment

Performance Benchmark

Cash / Cash Plus / Direct Investments

11 AM and UBSWA Bank Bill Index

 

 (E)    Reporting

 

(I)      A monthly report should be provided to Council, detailing the investment portfolio in terms of performance and counterparty percentage exposure of total portfolio.  An example of the report is attached.

                  

 

(I)         Investment income earned versus budget year to date and is reported quarterly in Council’s “Quarterly Budget Review” document..

 

(II)        For audit purposes, certificates must be obtained from the banks/fund managers confirming the amounts of investment held on Council’s behalf at 31st December and  30th June each year.

 

(F)     Variation to Policy

 

          The General Manager or his delegated representative be authorised to approve variations to this policy if the investment is to Council’s advantage and/or due to revised legislation.

 

          All changes to this policy are to be reported to Director of Finance & Corporate Services within 14 days.

 


Item 11 Ordinary Meeting 21 March 2011

Item 11 - Annexure 1

 

Delegates’ Report - Central Tablelands Water

 

The following is a précis of the items discussed at the February 2011 meeting of Central Tablelands Water and is submitted for Council’s information:

Budget Review Statement to 31 December 2010

The Finance Manager reported that the Budget Review Statement (BRS) to the 31st December 2010 reveals an estimated deficit for the year of $649,294. This revised estimate for the year is a dramatic turnaround from the original budget surplus of $33,392 and is directly attributed to the decrease in water sales over the past 6 months due to the above average rainfall in the region. When comparing the actual consumption at the end of the third quarter in 2009/2010 to the actual consumption at the end of the third quarter 2010/2011, it reveals a reduction of 286,841 kilolitres in urban consumption. This equates to a shortfall in revenue of approximately $488,000. As well, it is estimated that the final quarter for 2010/2011 will be well below the original estimate, also due to anticipated wet conditions.

The reduction in water sales has also enabled the operational expenditure on water pumping and treatment to be revised down by $100,000.

Whilst the budget for 2010/2011 is estimated to return a significantly high deficit, which will be covered from reserves, the result should be viewed in comparison to previous year’s surpluses which were transferred to reserves.  

Investments

The Finance Manager reported that the value of the CDO investments acquired through Lehman’s continue to improve with the latest valuations showing a further improvement in the total net valuations of the CDO’s increasing from $421,380 at 31 October 2010 to $445,460 at 31 December 2010. Valuations are now valued at 52.52% of par value. Legal action is continuing.

Whilst Council’s CDO investments are well below par value, Council’s remaining investment portfolio of approximately $2.33 million is all capital guaranteed, primarily in term deposits.

Government Information (Public Access) ACT

Following consideration of a report from the Finance Manager, Council resolved:

1.    That Council note the report on the Government Information (Public Access) Act;

2.    That Council adopt the Draft Access to Information Policy under the GIPA Act 2009;

3.   That Council adopt the Draft Publication Guide;

4.   The Council adopt the proposed fees; and,

5.   That the fees be exhibited for public comment for 28 days in accordance with section 610F of the Local Government Act.

 

 

LGSA – One Association

Following consideration of a report from the General Manager, Council resolved:

That Council endorse the decision of the LGSA One Association Convention with the understanding that County Councils are eligible for Ordinary membership, have equal voting rights on conference motions but are not eligible to vote on Board Membership or be eligible for Board Membership.