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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 18 July, 2011

Page 1

 

TABLE OF CONTENTS

 

 

 

ITEM 1      APPLICATIONS FOR LEAVE OF ABSENCE.................................. 4

ITEM 2      DECLARATIONS OF INTEREST....................................................... 4

ITEM 3      DECLARATIONS OF POLITICAL DONATIONS ............................ 5

ITEM 4      MAYORAL MINUTE - APPOINTMENTS........................................... 5

ITEM 5      CONFIRMATION OF THE MINUTES................................................. 6

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

ITEM 7      Streamlining Council Business Papers and Meeting Procedures................................................................................................................... 7

ITEM 8      ECONOMIC DEVELOPMENT & TOURISM COMMITTEE MEETING 9

ITEM 9      LOCAL GOVERNMENT WEEK COMMITTEE MEETING........... 10

ITEM 10    COMMUNITY SERVICES COMMITTEE MEETING...................... 10

ITEM 11    SEED PODS FROM LIQUIDAMBER TREES IN BANK STREET 11

ITEM 12    WORKS COMMITTEE MEETING MINUTES.................................. 12

ITEM 13    ASH STREET DEPOT, ORANGE..................................................... 13

ITEM 14    HIRE OUT OF HALL EQUIPMENT.................................................. 14

ITEM 15    CUDAL COMMUNITY HALL - USE BY CUDAL PUBLIC SCHOOL   15

ITEM 16    DA 2008/69 - PROPOSED DWELLING, GORHAM ROAD, SPRINGSIDE  15

ITEM 17    ENVIRONMENTAL SERVICES AND SUSTAINABILITY COMMITTEE MEETING................................................................................................................. 32

ITEM 18    LAND ACCESS AGREEMENT FOR GOLD AND COPPER RESOUCES   33

ITEM 19    NAMING OF LANE BETWEEN SHARP STREET AND BROAD STREET, EUGOWRA........................................................................................... 35

ITEM 20    DA 2008_163 MC DONALD LANE, CANOWINDRA.................... 36

ITEM 21    Questions For Next Meeting................................................ 39


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      GENERAL MANAGER'S PERFORMANCE REVIEW

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

ITEM 4      Request for quotation - cleaning services - Council's Molong offices

(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 5      DEBT RECOVERY REPORT OF OUTSTANDING RATES DEBTS

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

ITEM 6      CENTROC TENDER - FUEL SUPPLY

(d) (ii) commercial information of a confidential nature that would, if disclosed, confer a commercial advantage on a competitor of the council

ITEM 7      SUPPLY, DELIVERY AND PLACEMENT OF SPRAYED BITUMINOUS SURFACING IN THE CABONNE & BLAYNEY SHIRE COUNCIL LOCAL GOVERNMENT AREAS CONTRACT 226113

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

ITEM 8      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   

 

ANNEXURE ITEMS

 

ANNEXURE 5.1    June 27 2011 Ordinary Council Minutes........... 40

ANNEXURE 8.1    July EDT_04072011_MIN.................................................. 66

ANNEXURE 9.1    July Local Government Week Committee Minutes     70

ANNEXURE 10.1  July Community Services Minutes...................... 73

ANNEXURE 12.1  July Works Minutes..................................................... 77

ANNEXURE 16.1  Original planning report....................................... 82

ANNEXURE 16.2  Original Conditions of Consent......................... 94

ANNEXURE 16.3  Site plan, elevations & shed plan................... 101

ANNEXURE 16.4  Draft Conditions of Consent 2008/69.............. 104

ANNEXURE 16.5  Letters of objection............................................... 112

ANNEXURE 17.1  July Environmental Services Minutes.......... 122 

 


 

 

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 - 217883

 

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 - 217927

 

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 - 217941

 

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 - 217956

 

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.  June 27 2011 Ordinary Council Minutes    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 217967

 

General Manager's REPORT

 

The following minutes are attached for endorsement.

1.   Minutes of the Ordinary Council meeting held on 27th June 2011

 

Recommendation

 

THAT the minutes of the Ordinary Meeting held on 27th June 2011 be adopted.

 

 

 

ITEM 6 - BUSINESS PAPER ITEMS FOR NOTING

REPORT IN BRIEF

 

File Number

217993

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 - Streamlining Council Business Papers and Meeting Procedures

REPORT IN BRIEF

 

Reason For Report

Following a request in the June Ordinary Meeting Mayoral Minute for a report on the matter

Policy Implications

Nil

Budget Implications

Potential time savings and efficiency of meetings

Area of Responsibility

Governance

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 246133

 

General Manager's REPORT

 

The Mayor, in presenting his Mayoral Minute to the June Ordinary Meeting, requested that a report be prepared for Council identifying ways of streamlining Council’s business papers and meeting procedures.

 

The effective and efficient conduct of Council meetings is important for Councils, particularly when dealing with the volume of business that Councillors are now required to deal with. Care must be taken though to ensure that sufficient time is available for Council to debate the important matters before it.

 

Issues identified

 

Discussions at the June Council Meeting and comments from Councillors and staff have identified the following issues in relation to Council’s business paper and meeting procedures:-

 

1.   Volume of material forwarded out with business paper.

2.   Timing of material forwarded out with business paper.

3.   Dealing with the Resolutions Register.

4.   Notation items being called by Councillors for their own information purposes.

5.   Call for reports by Councillors.

6.   Number of invited speakers and time per speaker as well as speakers granted permission without notice on the day of the Council meeting.

7.   Delegations to Environmental Services Committee and General Manager to determine Development Applications.

8.   Councillors awareness of and adherence to meeting procedure.

9.   Questions on notice and reports for next meeting.

10. Printing of Business Papers.

 

Options/Possible Solutions

 

The following options/possible solutions are provided as a way of assisting Council to review the streamlining of business papers and meeting procedures.

 

1.   All notation items, including Resolutions Register are to be forwarded to Councillors on the Monday afternoon, 7 days prior to the Ordinary Council Meeting. Councillors then requiring further information in relation to specific notation items should then refer them direct to the responsible Department Head or General Manager for clarification. If matters can not be satisfactorily addressed then Councillors have the option to raise these notation items at the Ordinary Council Meeting.

 

2.   Group procedural/straight forward motions (eg affixing of Common Seal, leases etc) within a section of the business paper and consider in block as one motion.

 

3.   Councillors to assess the need to research and prepare full Council reports for their requests and where possible provide opportunity for staff to get back to the individual Councillor who makes the request.

 

4.   Limit the number of invited speakers per Council meeting and the time allocated to speakers, as well as speakers being granted permission to speak without prior notice on the day of the Council meeting.

 

5.   Strict adherence to meeting procedures and Council’s Code of Meeting Practice by Mayor and Councillors (eg. Motions require a mover/seconder, only allow Councillors to speak once on an item, monitor Councillors requests for questions and clarification at meetings).

 

6.   Review delegations on planning matters to Environmental Services Committee and General Manager.

 

7.   Where possible, email bulky annexures during the month so Councillors have advance time to read them and if necessary follow up with relevant staff member.

 

8.   Email business papers to media.

 

9.   Subject to software changes being developed by InfoCouncil, Staff recommendations on reports to be included at the front of the report (this would allow Councillors the opportunity to peruse the summary of the report and the recommendation where matters are relatively straight forward).

 

Conclusion

 

Councillors have expressed a desire in recent months to streamline business papers and meeting procedures with a view to improving the effectiveness and efficiency of dealing with Council Business and reducing time wastage. It must be emphasised however that with the above options/possible solutions there is no intent to limit debate on important matters before Council.

 

Following discussions with the Mayor, it has been suggested that Council trial some of the above arrangements for an initial period (say six months), which will enable Council to review the effectiveness of the options/possible solutions identified.

 

 

Recommendation

 

THAT the Council trial the arrangements identified in the report for a six month period and that the matter be reported to Council’s March 2012 Council meeting.

 

 

 

 

ITEM 8 - 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.  July EDT_04072011_MIN    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 246180

 

Economic Development Manager's REPORT

 

Attached is the report of the Economic Development and Tourism Committee Meeting of Cabonne Council held on 4 July 2011 for Council’s adoption.

 

 

Recommendation

 

THAT the report and recommendations of the Economic Development and Tourism Committee Meeting of Cabonne Council held on 4 July 2011 be adopted.

 

 

 

ITEM 9 - LOCAL GOVERNMENT WEEK COMMITTEE MEETING

REPORT IN BRIEF

 

Reason For Report

Adoption of Local Government Week Committee Recommendations

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Economic Development

Annexures

1.  July Local Government Week Committee Minutes    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 246231

 

Economic Development Manager's REPORT

 

Attached is the report of the Local Government Week Committee Meeting of Cabonne Council held on 4 July 2011 for Council’s adoption.

 

 

Recommendation

 

THAT the report and recommendations of the Local Government Week Committee Meeting of Cabonne Council held on 4 July 2011 be adopted.

 

 

ITEM 10 - COMMUNITY SERVICES COMMITTEE MEETING

REPORT IN BRIEF

 

File Number

246229

Reason For Report

Adoption of Community Services Committee Recommendations

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Community Services

Annexures

1.  July Community Services Minutes    

 

Community Services Manager's REPORT

 

Attached is the report of the Community Services Committee Meeting of Cabonne Council held on 4th July 2011 for Council’s adoption.

 

 

Recommendation

 

THAT the report and recommendations of the Community Services Committee Meeting of Cabonne Council held on 4th July 2011 be adopted.

 

 

 

 

ITEM 11 - SEED PODS FROM LIQUIDAMBER TREES IN BANK STREET

REPORT IN BRIEF

 

Reason For Report

Seeking Council approval for the maintenance of the Liquidamber Trees in Bank Street Molong.

Policy Implications

nil

Budget Implications

May have an impact on street maintenance subject to prevailing conditions.

Area of Responsibility

Town Maintenance

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 242109

 

Urban Assets Coordinator's REPORT

Council at its ordinary meeting of April 2011 considered the issue of retaining or removing the Liquidambar trees in Bank Street due to concern by some residents. The concern centred mainly on the risk to pedestrians caused by the seed pods which could cause a trip and fall hazard.

Council resolved to retain the trees and to develop a program to minimise the risks associated with the trees including seed pods and root damage to infrastructure.

Risk Assessment, Trip and Fall

The risk associated with retention of the Liquidambar trees is the seed pods on the ground in sufficient numbers in high pedestrian trafficked areas.

The trees produce a vast number of pods these pods are around 25mm in diameter and fall within the “drip” line of the trees (under the canopy). Some pods may be transported by wind or rain however the majority stay with the tree drip area. The majority of pods fall on the road shoulder in the parking lanes and onto the garden beds around the trees. There are a small number that fall onto the footpath area.

The pods are not a year round hazard. They are produced and fall from the trees in autumn and  winter.

There is no known specific number of pods/area that would constitute a high risk or low risk. However the maintenance program recommended is based on historic practice and performance, i.e. customer service requests.

Current practice.

Sweeping of the pods is undertaken twice weekly, Monday morning and Friday morning in conjunction with litter and normal street and gutter cleaning activities. This occurs over a nominal 6 to 8 week period of Autumn and Winter weeks. Sweeping takes two staff one hour twice a week. The normal pick up is about a 60 ltr. drum per sweep.

Proposed Pod Maintenance

It is proposed to maintain the current program of sweeping Monday and Friday as is currently undertaken. In addition staff will be required to undertake an inspection of the main street following a storm event during Autumn and Winter. Should the inspection indicate an increased number of pods dislodged due to the storm event then the pods will be swept at the earliest opportunity.

Risk Assessment – Root invasion

The issue of root damage to infrastructure is best managed by monitoring root growth and damage to kerb and guttering and footpaths. As the trees grow it is to be expected that there will be a certain amount of heaving of the ground surface around the trunk caused by trunk expansion. This cannot be avoided.

But as the trees are contained within a garden bay the impact is minimised.

Ideally root barriers would have been installed at time of planting to try to deflect root growth from the kerb and guttering. If lateral root expansion is found to be causing damage to the kerb and guttering it may be possible to cut the roots and install a vertical barrier to reduce further root expansion.

Proposed Risk Management

 To manage the risk of damage to footpath and kerb due to root invasion it is proposed to adopt a program of continuous monitoring and control by installation of root barriers when required.

 

Recommendation

 

THAT council approve the proposed maintenance procedures for the management of the Liquidambar Trees in Bank Street, Molong. 

 

 

 


ITEM 12 - 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.  July Works Minutes    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 245448

 

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 4th July, 2011.

 

Recommendation

 

THAT the report and recommendations of the Works Committee held on Monday 4th July 2011 of Cabonne Council be adopted.

 

 

 

 

ITEM 13 - ASH STREET DEPOT, ORANGE

REPORT IN BRIEF

 

Reason For Report

To advise Council Depot is available for Lease

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Council Properties

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 245531

 

Operations Manager's REPORT

At the April 2010 Works Committee meeting it was reported that several improvements and repairs were required to be undertaken prior to the property being made available for leasing.   All these major repairs and improvements have been completed including:

Ø installation of separate electricity meter,

Ø installation of separate water connection and meter,

Ø the removal and replacement of roof insulation in the store area,

Ø removal and replacement of insulation over the workshop area and

Ø new fencing to subdivide the leased area and Council’s retained area.

Additionally, adjustments to the entrance to the wash bay area, removal of fuel tanks in accordance to Department of Environment and Climate Change regulations and a general clean up of the depot, were required.

 The Ash Street Depot is now available for lease. Local real estate agents have indicated interest in finding tenants for the property.

 

Recommendation

 

THAT Council delegate authority to the General Manager to negotiate a lease agreement through a real estate agent for part area of the Ash Street depot for a maximum period for 5 years.

 

 

 

 

ITEM 14 - HIRE OUT OF HALL EQUIPMENT

REPORT IN BRIEF

 

Reason For Report

Seeking Council affirmation of existing policy

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Council Properties

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 243836

 

Urban Assets Coordinator's REPORT

Council has recently received a request to allow hall and kitchen items to be borrowed or rented from the Molong community hall for private functions away from the hall grounds.

Current policy does not allow the use of Molong hall furniture and kitchen equipment away from hall premises for private parties and functions.

The person making the request has asked that Council reconsider this policy.

The reasons for the policy is that the time and expense involved in monitoring the issue, receipt and condition of items is prohibitive. Even allowing for the imposition of a deposit on the equipment, disputes are likely to arise regarding damaged items being returned. Tables, chairs and associated items can be readily hired from specialist suppliers in the area and so no real need exists for Council to hire out hall furniture and kitchen equipment.

Therefore it is recommended that the existing polices are maintained.

 

Recommendation

 

THAT Council maintains the existing policies regarding the hire out of hall furniture and kitchen items.  

 

 

 

 

ITEM 15 - CUDAL COMMUNITY HALL - USE BY CUDAL PUBLIC SCHOOL

REPORT IN BRIEF

 

Reason For Report

Seeking Council approval to waive fees for rehearsals

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Council Properties

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 244278

 

Urban Assets Coordinator's REPORT

Council has received a request from the Principal of the Cudal Primary School requesting the waiving of fees for rehearsals of the school concert.

The concert is produced every second year and is the major fund raising event for the school. Several concert presentations will be held during the 3rd and 4th of August and the school is happy to pay the normal fee for these events.

However, prior to the event, the school requires the hall for preparation and rehearsals and is therefore seeking approval for Council to waive fees for use of the hall for rehearsals. As Cudal Public school is only a small school the cost of fees for rehearsals would be prohibitive.

Therefore it is recommended that Council waive hall fees for rehearsals. 

 

Recommendation

 

THAT Council waive fees for rehearsals for the Cudal Public School concert.

 

 

 

 


ITEM 16 - DA 2008/69 - PROPOSED DWELLING, GORHAM ROAD, SPRINGSIDE

REPORT IN BRIEF

 

Reason For Report

For determination

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Development

Annexures

1.  Original planning report

2.  Original Conditions of Consent

3.  Site plan, elevations & shed plan

4.  Draft Conditions of Consent 2008/69

5.  Letters of objection    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 241718

 

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. 

 

Introduction

Council at its meeting of 17 December 2007 gave consideration to DA 2008/69 for construction of a dwelling upon a proposed 91ha rural allotment, being proposed Lot 101 in a subdivision of rural land then described as Lots 1 - 3 DP 455227, Lot 126 DP 750360, Lots 7 and 8 DP 942459, Lot 1 DP 112266 and Part Lot 94 DP 455220, Gorham Road, Springside. The Council resolved to refer the application to the General Manager for delegated determination. A Notice of Approval, subject to conditions of consent was issued on 17 January 2008.

 

An appeal was lodged with the Land and Environment Court citing denial of natural justice to an objector opposing the development. It was argued that Council had permitted the applicant / landowner to address the December 2007 council meeting but had not extended the same opportunity to the objector. The court ruled in favour of the objector and the Development Consent was set aside by order of the court on 10 November 2008.

 

On 8 September 2009, Peter Basha Planning and Development on behalf of the applicant, formally submitted documentation requesting Council re-determine the application. (The initial development application remained valid, as the consent only had been set aside by the court.)

 

The initial development application was renotified to adjoining neighbours. Submissions by way of objection were again received by Council. The property owner / applicant requested that assessment of the development be deferred pending discussions with Council staff. Subsequent discussions have variously taken place on a number of occasions with the applicant, his planning consultant and with the objectors, generally to consider various aspects of planning law and aspects of the previous assessment reports.

 

There seems to be no possible outcome to be achieved by further discussions between Council staff and the applicant. The application remains substantially the same as that submitted in 2007. The application is supported by a SEPP 1 objection to the 100ha development standard contained in clause 18 of the Cabonne LEP 1991.

 

The following assessment is provided to Council to enable consideration of the development application.

 

Development background

The subject land has an area of 91ha. The allotment had been approved under DA 2007/149 which sought to create a two lot subdivision of a 93.7ha existing holding. Lot 100 was created by clause 14 of the Cabonne LEP 1991 as a 2.7ha concessional lot containing an existing dwelling, while Lot 101 was a vacant rural lot having an area of 91ha created via clause 12(2) of the LEP. The two lot subdivision was later registered and is now described as Lots 100 and 101 in DP 1139346.

 

The subdivision had been approved by Council on 26 July 2007 and incorporated a submission made under State Environmental Planning Policy No 1 seeking variation of the 100ha standard. The application of SEPP 1 in this instance appears to have been unnecessary as clause 12 of the LEP permits the creation of a rural allotment of any size subject to Council’s development consent being granted.

 

It is noted that the subdivision application included reference to the two lot division of land, and foreshadowed a proposed dwelling upon the agricultural lot. In the Land & Environment Court case Wehbe v Pittwater Council (NSWLEC 827), it was held that subdivision itself does not involve any use of land and that consent for subdivision of land is consent for subdivision simpliciter and does not import any approval for subsequent use for any purpose. As such any reference to the future use of Lot 101 did not imply approval to such use when determining the subdivision application for division of land.

 

The planning report presented to the Council meeting in December 2007 relating to the proposed construction of a dwelling upon the 91ha lot recommended refusal of the development application because the application did not comply with clauses 10 and 18 of the LEP and the SEPP 1 objection had not provided satisfactory justification to support the requested variation of standards. The Council indicated support for the development proposal, however resolved to refer the application to the General Manager for consideration and determination. The development was approved by the General Manager and a Notice of Approval issued on 17 January 2008. A copy of the original planning report is attached for the information of the Council. A copy of the Notice of Approval is also attached for information.

 

Although the development application must be re-determined under the same planning controls as existing when the application was initially determined, an updated planning assessment is provided below to reflect the current landuse activity upon the subject land and to consider the public submissions made following the re-notification of the application.

 

The proposal

It is proposed to construct upon the subject land, and within the nominated building envelope, an architect designed dwelling that will be built partially underground (refer to site elevation plans). Only the northern and eastern elevations will be exposed; the remainder of the structure will be set into the hillside. The location of the dwelling is such that it will not be visible from adjoining properties.

 

Access to the site will be via a driveway extending from the property’s entrance to the site. The development achieves access off Cadia Road, to Gorham Road, then via a ROW to the holding.

 

The holding has been extensively fenced and developed based on the ‘Yeoman keyline’ farm principle for conservation farming. A central corridor has been fenced and vegetated with trees to provide an access way to move stock and equipment through the holding. This same corridor will be utilised for vehicular access to the proposed dwelling.

 

 A property development plan has been submitted in support of the development proposal. The report notes the subject land when inspected in April 2009 ‘is currently operating as a well managed organic enterprise consisting of Belted Galloway cattle and Dorper sheep.’ It further states that the property is capable of biological, environmental and economically sustainable development and a dwelling would not compromise the availability of land for agricultural use.

 

An existing hay shed is to be extended to increase the storage area and to provide additional roof area to generate rainwater collection for a water supply to service the house. Bays are to be added to either end of the existing hayshed. Rainwater tanks are to be installed and water lines connected to the proposed dwelling.

 

The development is to be staged in two phases:

 

Stage 1 – construction of the driveway, shed extension and water supply tanks, and

 

Stage 2 – construction of the proposed dwelling.

 

 

Site plan

 

 

 

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 1(a) General Rural by the Cabonne Local Environmental Plan 1991.  A dwelling house is permissible within this zone, subject to Council’s development consent.

 

Objectives of the 1(a) zone

The objective of the zone is to promote the proper management and utilization  of resources by:

 

(a)     Protecting, enhancing and conserving

(i)         Agricultural land in a manner which sustains its efficiency and effective agricultural production potential

 

The property is currently an operating agricultural business based on livestock breeding. The holding is run in conjunction with land to the north and east held in the same ownership. The use of Lot 101 as grazing land would continue.

 

(ii)        soil stability by controlling and locating development in accordance with soil capability

 

 

The proposed dwelling is to be sited to minimize impact upon the agricultural capabilities of the allotment. Conditions of consent can be applied to ensure appropriate sedimentation and soil control measures would be undertaken during construction of the proposed dwelling.

 

(iii)       forests of existing and potential commercial value for timber production

 

There are no known timber resources in the vicinity relevant to this development.

 

(iii)       valuable deposits of minerals, coal, petroleum and extractive materials by controlling the location of development for other purposes in order to ensure the efficient extraction of those deposits

 

The subject land is located approximately 6 km from the Cadia mine. The land is not located within the Cadia Mine exclusion zone as identified by the Mineral Resources Audit of Cabonne Council prepared by Department of Primary Industry.

 

(v)        trees and other vegetation in environmentally sensitive areas where the conservation of the vegetation is significant to scenic amenity or natural wildlife habitat or is likely to control land degradation

 

There are no known environmentally sensitive areas in the locality of this development

 

          (vi)    water resources for use in the public interest

 

The proposed development is to be sited in excess of 40m from Flyers Creek. Water supply for the dwelling is to be provided by rainwater tanks installed on an existing hayshed. The design of the dwelling does not enable collection of rainwater.

 

(b)       preventing the unjustified development of prime crop and pasture land for purposes other than agriculture

 

The subject land has been / and is utilised for agricultural purposes. The lot was created by subdivision under DA 2007/149 for the purpose of agriculture (clause 12(2) of the Cabonne LEP).

 

 

The construction of a dwelling, its immediate curtilage and a driveway is considered to reduce the land available for agriculture by a minimal margin of approximately 1%. The development will not have an adverse impact upon the use of the land for agriculture.

 

The location of the proposed dwelling and the setbacks from boundaries are addressed in further sections of the report.

 

(c)        ensuring that any allotment created for intensive agricultural purposes is potentially and physically capable, on its own, of sustaining a range of such purposes or other agricultural operation suitable to the locality

 

Not applicable

 

(d)       facilitating farm adjustments

 

Not applicable

 

(e)       minimizing the cost to the community of –

a.   fragmented and isolated development of rural land

b.   providing, extending and maintaining public amenities and services

 

Surrounding rural land holdings include a range of area – both larger and smaller than the subject land. The construction of a new dwelling will marginally reduce the area of rural land available for agricultural activities. Provision of services such as power would be provided by the developer of the land

 

(f)         providing land for future urban development, for rural residential development and for other non-agricultural purposes, in accordance with the need for that development.

 

Not applicable

 

(g)       providing for a range of rural living styles in appropriate locations within the area

 

Not applicable

 

(h)       encouraging the establishment of rural and related industries within the area to which this plan applies

 

Not applicable

 

 

Clause 10-General considerations for development within rural zones

 

The subject allotment is currently utilised for the purpose of agriculture including grazing. It is proposed to erect a dwelling on the subject land. The proposal will not have an adverse impact upon vegetation, timber production, land capability (including soil resources and soil stability), mineral resources, water resources, or the protection of scenic or recreational areas.

 

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

 

It is proposed to erect a dwelling on the subject allotment. The allotment has an area of 91ha, which is below the minimum area required by the LEP of 100ha for the erection of a dwelling in the zone. The applicant has requested a variation to the 100ha standard pursuant to a SEPP 1 objection (please refer to discussion under SEPP 1).

 

Local  policy

The following local policy applies to the development:

 

‘Dwelling Entitlements – Use of SEPP 1

That applications for development utilising SEPP 1 where a dwelling consent is implied are only to be supported in the following circumstances:

Either

(a) where the standard is varied by not more than 10%, or

(b) where the land on which the dwelling is to be erected is already developed for an economic activity and the owner can demonstrate that at least a basic income is derived from that property, to the satisfaction of Council’

 

The applicant complies with (a) above being a variation of 9% from the standard. A property management plan was submitted in support of the development proposal.

 

REGIONAL ENVIRONMENTAL PLANS

 

There are no Regional Environmental Plans that apply to the subject land.

 

STATE ENVIRONMENTAL PLANNING POLICIES

 

State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007 applies to the Cabonne Council area. The SEPP provides necessary planning controls for natural resources within NSW to ensure they are adequately managed and to facilitate the orderly and economic use and development of land containing state significant natural resources. The SEPP requires that Council consider whether any development, located in the vicinity of an existing mine or identified on a map as being the location of State or Regionally significant resources, will impact on current or future extraction/recovery of natural resources.

 

The subject land is not identified as a ‘Potential Resource’ by the Mineral Resource Audit map for Cabonne Council (being a map issued as an order by the Director of Planning under Section 117 of the Environmental Planning and Assessment Act 1979).

 

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 subject land has not been identified as core koala habitat. It is considered that the application will not have an impact on the region’s koala habitat.

 

State Environmental Planning Policy (Rural Lands) 2008 applies to Cabonne Council. 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 development application was lodged prior to the introduction of the Rural Lands SEPP and as such the SEPP does not apply to the development assessment.

 

State Environmental Planning Policy No 1 – Development Standards applies to this development.

 

State Environmental Policy No. 1 aims to provide flexibility in the application of Council’s Planning controls operating by virtue of development standards in circumstances where compliance with these standards would be unreasonable or unnecessary.

 

An applicant may object to a development standard where satisfactory evidence is given to the objection, and Council is of the opinion that granting of development consent is consistent with the aims and objections of the zoning of this land. Under normal circumstances any relaxation of the development standard by Council would also require the concurrence of the Director of the Department of Planning prior to granting consent to the application. However, Council may exercise its delegations to approve the development without requiring the concurrence of the director, where the variation of the development standard does not exceed 10%, and only one lot does not meet the standard.

 

The applicant has submitted an objection under State Environmental Planning Policy No 1 – Development Standards, seeking that strict compliance with the 100ha standard is unreasonable and unnecessary.

 

There are three main considerations that need to be satisfied when resolving to support an objection under the provision of SEPP No. 1:

 

1.    That the standard is not a prohibition and may be varied;

2.    That the development complies with the objectives of the Environmental Planning and Assessment (EP&A) Act 1979, objectives of Cabonne’s LEP, and the underlying objectives of the development standard to be varied; and

3.    That application of the standard is unnecessary or unreasonable.

 

The applicant has acknowledged that the development does not comply with the development standard contained in Clause 18 of the LEP, which sets the minimum land area required for the erection of a dwelling in the 1(a) General Rural zone to be a minimum of 100ha. The 100ha provision is identified as a standard rather than a prohibition and as such a SEPP 1 application may be considered by Council.

 

The proposal is consistent with the objectives of the Environmental Planning & Assessment Act and the objectives of the Cabonne LEP. It is important to note that the objectives take into consideration the protection of prime crop and pasture land. The 100ha standard has been adopted by Council as the minimum area required for agriculture to be considered viable where a dwelling is ancillary to the use of the land for agriculture. As such, it is important to consider whether the area of the allotment is capable and viable for agriculture. The submitted Property Management Plan supports the use of the holding as viable for agriculture and supported by a dwelling.

 

The proponent submits that the development standard is unreasonable and unnecessary in this circumstance due to the following reasons:

 

·    There are many properties in the vicinity of the subject land that are less than 100ha in area, but constitute an ‘existing holding’ and thus a dwelling is permissible

·    A dwelling upon lot 101 would be consistent with the surrounding settlement pattern

·    Establishment of a dwelling is unlikely to occupy an unreasonable amount of agricultural land or significantly reduce the agricultural production of the holding.

·    Establishment of a dwelling may contribute to improved management and supervision of the agricultural enterprise.

 

Comment

The use of SEPP 1 can only be applied where it is proved unreasonable to satisfy a particular standard. The development must still satisfy the objectives of the zone.

 

Council will be aware that SEPP 1 cannot be used to avoid compliance with a standard – such an application should address a specific circumstance and not be used to consistently attempt to vary a development standard.

 

The objective of the rural zone is to maintain land for agricultural use. There are limited opportunities within the LEP to enable a dwelling to be constructed upon rural land. The plan encourages farm build up and consolidation of holdings rather than fragmentation of properties. It should be noted that the existence of smaller holdings within an area is not reason to support a SEPP 1 application.

 

Currently the subject land is operated in association with adjoining land held in the same ownership. A dwelling exists upon the adjoining rural holding.  The application however relates only to Lot 101 and does not require consideration of other land held in the same ownership. Approval of a dwelling on Lot 101 will not reduce the ability of the current owner to operate agricultural activity across adjacent lands. The applicant argues that a dwelling upon the site would enhance management practice. It would seem likely though that a dwelling upon the subject land would be of management benefit also should the land be subsequently held in separate ownership.

 

The proposal for a dwelling on the subject allotment varies from the development standard of 100ha for the erection of a dwelling on land in the 1(a) zone as required by the Cabonne LEP (clause 18). The subject lot has an area of 91ha, which is a variation of 9% from the standard, and the proposal results in one allotment varying from the standard; as such, concurrence from the Department of Planning can be assumed.

 

Taking the above matters into consideration, it is considered unreasonable to apply the 100ha standard for the erection of a dwelling on the subject land in this circumstance; there will be no adverse impacts from the proposed development, and the objects of the EP&A Act and the objectives of the Cabonne LEP are achieved.

 

 

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.

 

The objectives of DCP 5 are to:

 

·    Promote guidelines which are sufficiently flexible to encourage innovative building and development while at the same time conserving the important natural assets of the General Rural zone, and preserving the ‘right to farm’ of existing agricultural establishments

 

The proposed dwelling encompasses design initiative, and provides adequate setbacks from adjoining boundaries

 

·    Ensure that residents and developers are well informed of Council’s requirements relating to the General Rural zone

 

The development was neighbourhood notified during the initial assessment phase, and re-notified as part of the current phase of assessment. Following both notification phases submissions were received by council opposing the development. Copies of all submissions are attached to this report for the information of Council.

 

·    Ensure that adequate documented development applications are lodged and which substantiate the manner in which the proposed development has been designed to fit the particular site conditions and the development principles and the standards in this DCP

 

Adequate information was provided with the initial development application

 

·    Provide reasonable and clear guidelines for the provision of services to small holdings, including guidelines on disposal of waste, provision of water supply, provision of other utility services, without placing a financial burden on other residents as a result of the development proceeding

 

Utility services are available within the area. The provision of the services to the site would be the responsibility of the developer. Ongoing maintenance of infrastructure may be a community cost.

 

The applicant has adequately addressed access, servicing and water supply issues

 

·    Enable other forms of development to be carried out on land within the General Rural zone provided that such cases are in keeping with the rural character of the locality and are compatible with the existing or likely future land uses.

 

The proposed dwelling may be considered ancillary to the use of the subject land for agriculture. The holding is already being utilised and improved for agricultural use. At present a dwelling is not available to the property.  The potential for consolidation of this holding with other farm land is less economically likely should a dwelling be established on the land.

 

·    Protect and conserve land which has been identified  as environmentally sensitive

 

The land has not been identified as environmentally sensitive. The proposed dwelling is to be located in excess of 40m from Flyers Creek.

 

Access

 

Access to the dwelling will be via the existing access off Gorham Road and a ROW. The access is adequate to accommodate the agricultural use of the site and the small increase in traffic generated by the proposed dwelling.

 

Setbacks

 

The proposed dwelling is located in excess of the required minimum 100m from all boundaries. The adjoining land is utilised for agriculture, and it is considered that the proposed setbacks are considered appropriate. The proposed extensions to the machinery / hayshed will result in the southern end of the building being approximately 7m from the boundary of the allotment. The southern bay is to be enclosed on southern side with roller door access on the west and eastern sides. The extension to the existing shed, and the placement of a 90,000L rain water tank in close proximity to the shed is not out of context with the surrounding rural land uses.

 

Services

 

The proposed dwelling is to be serviced via an onsite effluent disposal system. A draft condition of consent requires provision of an effluent study recommending appropriate areas and a system for the disposal of waste issue.

 

The applicant has indicated that the dwelling will be serviced via water tanks associated with the machinery/hayshed; a draft condition of consent is attached to ensure water is provided to Council’s requirements.

 

Power is available to the site, and the applicant will be required to connect the dwelling at their expense; a draft condition is attached that addresses this issue.

 

Visual Amenity and Privacy

 

The proposed dwelling is to be located towards the centre of the subject land. The design of the building and its use of topography will reduce visual impact when viewed from surrounding land. In addition, the dwelling will not reduce the privacy of any dwellings in the surrounding area, with the closest dwelling being approximately 700 metres west of the proposed dwelling.

 

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 subject site is surrounded by agricultural land which is predominantly used for grazing purposes. There are several dwellings located in proximity to the site, being on average 1km from the proposed dwelling. The proposed dwelling is not inconsistent with the surrounding land uses.

 

It is noted that surrounding agricultural holdings with existing dwellings are generally greater in area than the subject allotment, however a number of smaller concessional lots also exist within the area.

 

Access and Traffic

 

The proposed site will utilise an existing access located off Gorham Road and an existing ROW. The access is adequate to accommodate the agricultural use of the holding and any additional traffic generated by a dwelling.

 

The proposal will not substantially increase traffic to and from the site, and it is considered that Gorham Road is capable of accommodating the minor increase.

 

Agriculture

 

The proposed dwelling and shed extension will utilise a small portion of the subject site (i.e. 1% of the site). It is considered that the dwelling will not reduce the agricultural capability of the subject land.

 

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. Section 5A of the Environmental Planning and Assessment Act requires consideration of threatened species and the presence of or risk to  such species by the development proceeding. Application of the eight part test required by the act does not identify any potential risk. The proposal will not impact on any threatened species. A threatened species study is not required as part of the development.

 

Natural Hazards

 

The subject site is not identified as being bushfire prone land, flood liable land, nor are there any other known hazards on the allotment.

 

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

 

Contributions for provision of bushfire services apply to the development. A condition of consent is attached.

 

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

 

The proposed development is not advertised development.

 

The proposed development was neighbourhood notified. Four submissions were received by the close of the exhibition phase. 

 

The submissions received during the initial 2007 assessment of the application are summarised from the previous planning report as follows:

 

Submission issue

Comment

Objections submitted previously when subdivision of this land was initially proposed

Noted

91ha is insufficient area to carry out farm activity

Development does not satisfy the Council’s 100ha minimum area standard

Approval of the dwelling using SEPP 1 will set an unacceptable president

Merit based assessment – acknowledged that there is a community perception that variations are easy to obtain

Lifestyle blocks will soon constitute ribbon development

Acknowledgement that in some area subdivision and dwelling construction raises value beyond that realised by agriculture

Development such as proposed increases density of dwellings within what is supposed to be a rural area

Agree

Rural lifestyle residents may not appreciate rural land practices which may result in future conflict

Use of buffers and setbacks are encouraged to reduce potential for conflict

Development will place pressure on adjoining holdings re water, noise, fire, access, management practices

Council’s assessment process considers these matters

The subdivision did not approve a dwelling

Agree

Private access has not been upgraded

Completes as part of the subdivision requirements

Proposed dwelling creates issues with farm management and spraying of noxious weeds

Land use conflict can be addressed through setbacks and buffers. Assessment does  not run to land management

Applicant did not intend to live on site – dwelling not necessary

Applicant submits on site residence would aid land management, therefore  the lot may be sold

Proposal does not correlate with the central west planning review

Conclusions of Sub Regional strategy and Review of Landuse Planning in the Central West have been considered in the assessment of the application. Neither study supports smaller lot sizes.

 

Following re- notification of the application 4 submissions were received. Each submission reinforced views expressed by the objectors during the initial notification phase.

 

Issues raised in the second round of submissions are summaries below:

 

Submission

Comment

C & E McRae

·        This is the fourth time an objection has been lodged re the development of the subject land.

·        Queries how the DA can be renotified when the development proposal no longer exists

·        Queries why applicant can submit same matter again when the court set it aside

·       Access inadequate and requires extension of ROW

·       The proposed dwelling would have an adverse impact on farm management practises of the adjoining rural landholders

 

 

· Noted

 

 

·   Notice of consent set aside by the court – the application remains active

 

·   Court action was based on procedural matter and was not a merit based challenge of the development

·  Access to lots 100 and 101 was considered at subdivision stage. The access is considered adequate to service the allotments and the proposed dwelling

I Mactier

·     Proposed extension to farm shed satisfies exempt development and does not require approval

·       Objection to development of an allotment below the minimum standard

·       Concern that access will be off Bulls Lane

 

·    Development application includes shed extension and proposed dwelling

·    Noted

 

·    Previous subdivision established access to the land via a ROW off Gorham Rd 

K & S Gardiner

Have conditions of subdivision approval been satisfied

Why was the subdivision allowed when the lot varied from the 100 ha standard

How does the subdivision and the proposed dwelling protect and conserve prime agricultural land

 

 

-     Subdivision completed and plans registered

-     Subdivision of land for agriculture permits creation of lots of any size. Development of rural land for a dwelling requires a minimum lot size of 100ha.

-     Application is supported by a Property Management Plan

D Nock

Raises concerns regarding the subdivision approval and compliance with conditions of consent

 

Subdivision completed and plans registered

Location of an exiting dwelling on the concessional lot, and the proposed dwelling will impact upon adjoining land farm practise

The development satisfies the setback requirements contained in DCP 5

Opposed to additional residences in the area

Noted

Review of Land Use Planning in Central West report  did not support small holding development

Noted

 

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 proposed development is permissible with the consent of Council. The development generally complies with the relevant aims, objectives and provisions of the LEP.  A section 79C assessment of the development indicates that the development is acceptable in this instance. 

 

Council in considering the application may consider to:

 

1.    Support the SEPP 1 application and approve the DA for the erection of a dwelling and shed on the subject allotment.

 

2.    Not support the SEPP 1 application and refuse the DA on the grounds that it is not consistent with the Cabonne LEP as it does not satisfy the minimum area required for the erection of a dwelling in the 1(a) zone.

 

Council in determining the application will need to be satisfied that it is reasonable and appropriate to support the SEPP 1 application. It is imperative to understand and recognise the importance of applying the development standard under Clause 18 of the LEP. The standard is in place to ensure development proceeds in an appropriate and consistent manner. As discussed above, the underlying objective of the 100ha development standard is to protect prime crop and pasture land in the Cabonne local government area.

 

It is suggested that Council consider supporting the application for a dwelling upon the subject land as the development is unlikely to have an adverse impact upon the agricultural sustainability of the holding or the surrounding area.

 

A draft Notice of Approval is attached outlining a range of conditions considered appropriate to ensure that the should the application be approved that the development proceeds in an acceptable manner.

 

 

 

Recommendation

 

1.   THAT Development Application 2008/69 for a dwelling and extensions to a machinery/hay shed upon Lot 101 DP 1139346, Gorham Road, Springside, be granted consent subject to the attached conditions.

 

2.   That Council support the SEPP 1 objection to the 100ha standard for the erection of dwelling on land having an area of 91ha in the 1(a) General Rural zone, to permit the erection of a dwelling upon Lot 101 DP 1139346, Gorham Road, Springside.

 

 

 

 


ITEM 17 - 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.  July Environmental Services Minutes    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 246176

 

 Director of Environmental Services' REPORT

 

Attached is the report of the Environmental Services and Sustainability Committee Meeting of Cabonne Council held on 4 July 2011.

 

 

Recommendation

 

THAT the report and recommendations of the Environmental Services and Sustainability Committee Meeting of Cabonne Council held on 4 July 2011 be adopted and carried Motions be noted.

 

 

ITEM 18 - LAND ACCESS AGREEMENT FOR GOLD AND COPPER RESOUCES

REPORT IN BRIEF

 

Reason For Report

Authorisation to sign a land access agreement

Policy Implications

Nil

Budget Implications

NIL

Area of Responsibility

Governance

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 244201

 

Acting Design Manager's REPORT

Council has received a new application from Gold and Copper Resources Pty Ltd (G & C) to amend a Land access agreement signed by the General Manager. The original agreement contained an error in the description of the exploration licences.

At the February 2011 Council meeting Council delegated authority to the General Manager to sign an agreement allowing G & C to access Council’s road reserves in order to conduct a large scale geophysical survey described as an Induced Polarisation Survey using the “Zeus System” within their exploration tenements surrounding the city of Orange. G & C are required to forward Council’s agreement to the Minister for Mineral Resources for his consent pursuant to Sec. 30 of the Mining Act (1992). The Minister’s office noticed the error in the licence description and requested a new licence be lodged.

The licence permits the applicant to carryout Induced Polarisation Survey.

An Induced Polarisation Survey measures a residual electric field within the earth to a depth of up to 3.5 kilometres in order to establish zones of mineralisation. To generate the primary electric field G & C proposes to input electrodes 12 kilometres apart and suspend an electric cable (similar to that of a standard transmission wire) between the two electrodes. The construction of the cable is temporary and will be removed shortly after the survey and erected at a new location. The survey cable will relocated 6 times and each survey takes approximately one week.

Council’s Development Engineer has referred the application along with G & C’s Safety Management Plan (SMP) and Review of Environmental Factors (REF) to Council’s Asset Manager and Risk Management Officer for comment and they have recommended Council sign the Land access agreement subject to the REF and SMP being implemented and conditional that poles in the road reserve are,

1.   6 metres clear of the road formation.

2.   Delineated at night.

3.   Not to inhibit surface drainage.

4.   Allow the wire to be a minimum of 5 metres above the road.

5.   Removed after the survey and the site is cleaned up.

6.   Noxious weeds are not transported to another site location.

7.   Services are located prior to erection.

The above conditions have been sent to G & C and accordingly agreed to.

 

Recommendation

 

THAT Council delegate authority to the General Manager to sign the Land access agreement subject to the above conditions.

 

 

 

 

ITEM 19 - NAMING OF LANE BETWEEN SHARP STREET AND BROAD STREET, EUGOWRA

REPORT IN BRIEF

 

Reason For Report

For Council to determine Granite Lane as the Lane between Sharp and Broad Street Eugowra

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Roads and Bridges

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 245643

 

Acting Design Manager's REPORT

Background

Council has received a development application (DA 2011/165) for the erection of a dwelling on Lot 11 Section 10 DP 758396. The development application will be determined under delegation by the General Manager.

Subject to the approval of the development application the applicant will be required to name the lane south of proposed development for emergency services reasons due to it being the most practical access to the proposed dwelling.

The Applicant has requested that the lane be named “Granite Lane” based on the geological features of the area.

Site Map

 

 

Recommendation

 

THAT Council proceed with the requirements to name the laneway between Sharp and Broad Streets, Eugowra “Granite Lane”.

 

 

 

ITEM 20 - DA 2008_163 MC DONALD LANE, CANOWINDRA

REPORT IN BRIEF

 

Reason For Report

Seeking clarification on Council Policy

Policy Implications

Discepancies between condition of consent and policy

Budget Implications

Providing interest free loan of $178,108.75

Area of Responsibility

Development Applications

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 245594

 

Acting Design Manager's REPORT

Background

Council determined to grant consent to Development Application 2008/163, a 13 lot subdivision of Lot 29 in DP 1112219 in Canowindra, at its February 2009 meeting.

At Council’s Land Development Committee meeting on the 6 April 2010 the committee resolved,

“That Council provide the developer with an interest free deferred payment of up to two years for sewer reticulation and roadworks, excluding headworks and connection costs, payable on a pro rata basis on each block sold with a final payment to be made at the end of the 2 year period subject to a bank guarantee being in place”

Following a request from the Developer, the Development Application was further modified at Councils March 2011 meeting by the removal of a condition to construct kerb and gutter along Mc Donald Lane which fronts the proposed allotments, a minor reconfiguration of the allotments shapes and to allow the subdivision to be staged in 4 stages.


Site Map

Plan of Subdivision

Status of the development

The Applicant has satisfied condition 8 of the development by connecting the proposed allotments to the town’s reticulated water supply and has engaged council to develop roadworks and sewer mains plans for construction.

There are several conditions that require satisfying prior to the release of any Subdivision Certificate including Street Tree planting, Provision of Power, Road Construction, Sewer Main Construction, Sewerage Headworks, Street Lighting and Access Construction.

The Applicant has informed Council staff that he has a purchaser for proposed Lot 2 and is expecting a bill from Central Tablelands Water for in excess of $30,000 which he can not pay until he sells Lot 2. The Applicant has not provided a bank guarantee as yet.

Inconsistencies between Council’s policy on Sewer Mains extensions and Condition 9 of the consent

Condition 9 of the consent requires the applicant to bear half cost of the extension of a sewer main to the west of the development before the issue the Subdivision Certificate

Council’s policy on sewer mains extension in part states “Any extension developed to serve land subdivision within the town and village zone will be shared on a 50/50 basis between Council and the applicant provided Council is satisfied that such subdivision is in the interest of immediate residential development and any contribution will be limited to available funds in reserve and to $5000 in the case of Canowindra and Molong in any one year”

The condition of consent requiring the Council to bear half the cost of the sewer main extension, pursuant to the Environmental Planning and Assessment Act 1979, overrides Council’s policy on sewer main extensions limiting the financial assistance to $5,000.

Estimated cost of Roadworks and Sewer reticulation

The applicant has supplied a quote from a suitably qualified contractor to construct the designed sewer main for $36,217.50. The estimated roadworks is $160,000, this is based on the actual unit rate cost of the Longs Corner Estate subdivisions roadworks.

Based on the unit rate above and the supplied quote the cost providing roadworks and sewer to the development is estimated at $178,108.75 (half sewer costs + roadworks) to which Council has resolved to provide the developer with an interest free deferred payment of up to two years.

The subsidisation of sewer mains extension, in the amount of $18,000 represents a substantial amount or nearly $1400 per new allotment, which is effectively a subsidy to the developer.

It should be noted that Council has resolved to provide financial assistance to a developer in direct competition with its own Longs Corner residential estate subdivision, where Council had to bear the full cost of servicing.

 

Recommendation

 

THAT Council;

 

1.   Notes the requirements of condition 9 of the Conditions of Approval relating to DA 2008/163.

 

2.   Not provide any financial assistance to the developer in relation to contribution to roadwork’s and sewer mains extension until a bank guarantee is in place for the total sum.

 

3.   Council’s contribution to the sewer mains extension to be funded from the Cabonne Sewer Fund.

 

4.   The balance to be considered as a long-term sundry debtor.

 

 

 

 

ITEM 21 - 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 - 246217

 

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 5 Ordinary Meeting 18 July 2011

Item 5 - Annexure 1

 

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Item 8 Ordinary Meeting 18 July 2011

Item 8 - Annexure 1

 

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Item 9 Ordinary Meeting 18 July 2011

Item 9 - Annexure 1

 

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Item 10 Ordinary Meeting 18 July 2011

Item 10 - Annexure 1

 

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Item 12 Ordinary Meeting 18 July 2011

Item 12 - Annexure 1

 

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Item 16 Ordinary Meeting 18 July 2011

Item 16 - Annexure 1

 

Item  - DEVELOPMENT APPLICATION NO 2008/69 DWELLING AT LOT 101 IN SUBDIVISION APPROVED UNDER DA 2007/149 GORHAM ROAD, SPRING TERRACE (DA 2008/69)

 

REPORT IN BRIEF

 

Reason for Report

For Council to consider a development application for the construction of a dwelling on Lot 101 Gorham Road, Spring Terrace

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Development

Annexures

1.   Site plans

2.   Letter of Objections - Closed

 

TOWN PLANNER’S REPORT

 

Site description

 

The property is of some 91ha in area and is located along Gorham Road, east off Cadia Road near Spring Terrace. The property is bounded by other grazing properties and has no direct access onto a public road. It is currently accessed via a Right of Way from Gorham Road to the south western corner of the property. The property is undulating to hilly country, being open grazing land with scattered shade trees, draining down to Flyers Creek in the southern section of the property.

 

An existing hayshed is located in the western portion of the land.

 

Proposal

 

A building envelope has been nominated in a suitable location for the allotment, which would also contain the hay shed and dams. The services of telephone and electricity are available to the new dwelling site.

 

The building has been designed as a partially underground building whereby only the northern and eastern elevations will be exposed. The dwelling site is in a topographical location where it will not be viewed from adjoining properties, and a driveway would be extended from the property entrance to the site where a house yard would be defined.

 

An extension is proposed to the existing hay shed to increase roof area for the collection of rainwater for a supply for the new dwelling.

 

The development would be staged as follows:

 

Stage 1: Driveway, shed extension, water supply tanks.

 

Stage 2: Construct the proposed dwelling.

 

The development would achieve access along the existing Right of Way from Gorham Road.     

 

Section 79(c) Assessment

 

Permissibility

 

Permissibility: The land is zoned 1(a) General Rural under Cabonne Council’s current planning instrument Local Environmental Plan 1991. The development is requested to be considered under Clause 18,

however the land is under 100ha. The applicant has submitted an objection under State Environmental Planning Policy No. 1 to vary the standard, which is considered later in this report.

 

The objective of the zone is to promote the proper management and utilization of resources by:

 

a)Protecting, enhancing and conserving:

i)          agricultural land in a manner which sustains its efficient and effective agricultural production potential;

 

The property is currently an operating agricultural concern for grazing. The property is to run in conjunction with the landowner’s land to the north. The land is currently being used for grazing and this would continue.

 

ii)         soil stability by controlling and locating development in accordance with soil capability;

 

The new dwelling site has been carefully located and construction can be carried out in such a way as to be within the soil capability of the land. Appropriate sediment and erosion control measures would be undertaken in any earthworks proposed.

 

iii)        forests of existing and potential commercial value for timber production;

 

There are no known timber resources in the vicinity relevant to this development.

 

iv)        valuable deposits of minerals, coal, petroleum and extractive materials by controlling the location of development for other purposes in order to ensure the efficient extraction of those deposits.

 

There are no known deposits of this kind in the locality relevant to this development.

 

v)         Trees and other vegetation in environmentally sensitive areas where the conservation of the vegetation is significant to scenic amenity or natural wildlife habitat or is likely to control land degradation;

There are no known environmentally sensitive areas in the locality relevant to this development.

 

vi)        Water resources for use in the public interest;

 

The development of the dwelling site would be beyond 40m from the Flyers Creek and the site would be appropriately drained to prevent off site sediment movement. Water for the future dwelling would be from roof water into rainwater tanks on the hay shed and from dams on the property. The design of the dwelling is such that rainwater cannot be collected.

 

Areas of significance for nature conservation, including areas with rare plants, wetlands and significant habitat;

 

There are no significant habitats or species relevant to the development.

 

vii)       Places and buildings of archaeological or heritage significance, including the protection of Aboriginal relics and places;

 

There is no known evidence of aboriginal or archaeological remains on the land.

 

b)preventing the unjustified development of prime crop and pasture land for purposes other than agriculture;

 

The subject land has been utilized for cropping and grazing purposes. The property has been subdivided previously under DA 2007/149 and is below the minimum 100ha area. The subdivision seeks to erect a dwelling on the land with a variation to the standard.

 

The creation of a new dwelling site and driveway would reduce the land available in the allotment for agriculture by a small amount, about 1%. The submissions received suggest that landuse conflict may occur in relation to access and use of chemical sprays. However setbacks are addressed in this application and access is addressed under the previous DA 2007/149 for subdivision.

 

c)ensuring that any allotment created for intensive agricultural purposes is potentially and physically capable, on its own, of sustaining a range of such purposes or other agricultural operation suitable to the locality;

 

Not applicable.

 

d)facilitating farm adjustments;

 

Not applicable.

 

e)minimizing the cost to the community of –

i)          fragmented and isolated development of rural land; and

the cost to the community for this development would be the slight reduction in the potential of an existing enterprise, but no further fragmentation of land in the rural area than already exists. It will however ensure that there is no opportunity for further aggregation of farmland.

 

ii)         providing, extending and maintaining public amenities and services;

 

The services of telephone and electricity are required for this development. They are available in the locality and would be provided by the developer of the land.

 

f)providing land for future urban development, for rural residential development and for development for other non-agricultural purposes, in accordance with the need for that development;

 

Not applicable.

 

g)providing for a range of rural living styles in appropriate locations within the area to which this plan applies; and

 

Not applicable.

 

h)encouraging the establishment of rural and related industries within the area to which this plan applies.

 

Not applicable.

 

Regional Environmental Plans

 

Nil.

 

State Environmental Planning Policies

 

State Environmental Planning Policy No. 1 - the existing property is a total of 91ha, which is less than 10% below the minimum standard of 100ha. The applicant has submitted an objection under State Environmental Planning Policy No. 1. The objective of this Policy is to provide flexibility in the application of planning controls operating by virtue of development standards in circumstances where strict compliance with those standards would, in any particular case, be unreasonable or unnecessary or tend to hinder the attainment of the objects specified in section 5 (a) (i) and (ii) of the Act. The relevant standard is the 100ha minimum area.

 

Under Section 5 of the Act the objects of this are:

(a) to encourage:

(i) the proper management, development and conservation of natural and artificial resources, including agricultural land, natural areas, forests, minerals, water, cities, towns and villages for the purpose of promoting the social and economic welfare of the community and a better environment,

(ii) the promotion and co-ordination of the orderly and economic use and development of land.

The applicant claims the standard of 100ha is unreasonable due to the following reasons:

·    The majority of properties in the area are smaller than 100ha and comprise an existing holding.

·    A dwelling on Lot 101 would be consistent with the surrounding settlement pattern.

·    The establishment of a dwelling will not consume an unreasonable amount of agricultural land or significantly reduce agricultural production. It is a reasonable argument that residential occupation of the land may in fact contribute to improved agricultural production as it would allow management and development of the land at a more effective level than if the land was not occupied.

Comment:

 

The development as proposed is for development of agricultural land less than 10% below the standard. There are a number of matters that must address the proper management and development of agricultural land, and the orderly and economic development of land.

 

·    The application requests that a dwelling be erected on Lot 101 thus removing a small portion of the agricultural land from productive use.

·    The developer proposes to extend the existing hay shed.

·    The water supply for the new dwelling is to be sourced from new water tanks attached to the extended hay shed. The design of the dwelling means that rainwater cannot be collected from the dwelling itself.

·    The land is currently accessed over a Right of Carriageway which was created for the use of the land. This ROW is legal and practical access.

 

Comments:

 

Council has the delegation to vary the standard when the variation is less than 10%, and the applicant has attempted to justify the variation in this case. However the use of the SEPP should not be seen as an as of right variation and must be adequately justified.

 

Under the details of the subdivision application which created Lot 101 (DA 2007/149) the landowner wished to operate the land in conjunction with his existing property to the north. On the one hand, the construction of an additional dwelling makes it available for sale with a dwelling, and enables the funds to be directed back into the northern remaining property, thus facilitating farm adjustment. With or without a dwelling the land can be sold off, still fragmenting the landowner’s current larger rural property.

 

However for the main rural holding to continue as a sustainable entity, it would seem as though the Lot 101 would not require a dwelling for it to be operated with the remainder of the landowner’s farm. The only reason alluded to for the construction of a dwelling is that the presence of an owner on site increases the potential for the land and any agricultural enterprise undertaken thereon to be managed more easily. The land is zoned for primary production, not for residential purposes.

 

The Cabonne LEP requires 100ha before a dwelling may be consented to. This original holding was less than 100ha and contained a dwelling. The situation did not comply with the LEP, and the subdivision as approved under DA 2007/149 created a concessional lot and a residue even further below the minimum area. That residue is the subject of this current DA, with a request for a dwelling, accompanied by a SEPP 1 objection.

 

There do not appear to be particular extreme circumstances that warrant the requirement for an additional dwelling if Lot 101 is to be used in accordance with the original intention to retain the land with the rest of the property to the north.

 

The fact that the development of this block maybe in keeping with the local landuse pattern is not relevant. In fact there are a number of larger agricultural holding in the area. The fact that a viable agricultural holding is fragmented is more significant.

 

The Blayney Cabonne Orange Rural and Industrial Strategy has identified clearly the issues being created and as Council is aware does recommend even larger lot sizes.

 

Conclusion

 

·    The proposal does not comply with Council’s LEP and fails by a greater margin the suggested recommendations for the future.

·    The variation has not been justified as it is in fact contrary to the Objects of the Environmental Planning & Assessment Act. Requiring compliance with the 100ha standard does not preclude achieving those Objects and as such should not be supported.

 

Draft Environmental Planning Instruments

 

Nil.

 

Development Control Plans

 

Development Control Plan No. 5 – General Rural Zones applies to this development. The objectives of the Plan are considered as follows:

 

·    To provide controls and guidance to achieve the objectives of Cabonne Local Environmental Plan 1991 with respect to the General Rural Zones.

 

The objectives are considered above.

 

·    To promote guidelines which are sufficiently flexible to encourage innovative and imaginative building and development while at the same time conserving the important natural assets of the General Rural Zones, and preserving the ‘right to farm’ of existing agricultural establishments.

 

The application is for the subdivision of a viable agricultural holding. The development as proposed supports the continued operation of the existing agricultural land use, in that the disposal of a small part of the property and the removal of infrastructure will not compromise the future potential of the property to operate at full production, in association with the landowner’s other holding to the north.

 

·    To ensure that residents and developers are well informed of Council’s requirements relating to the General Rural Zone.

 

The provisions of the planning instruments were available to the applicant and adjoining landowners were notified of the development. Several responses were received, as outlined below. A copy of the responses is provided for Council’s information.

 

·    To ensure that adequately documented development applications are lodged and which substantiate the manner in which the proposed development has been designed to fit the particular site conditions and the development principles and standards in this DCP.

 

The application has provided sufficient information to assess the application. The development has been designed to fit the existing site conditions, and is also designed around the existing access conditions. The developer has attempted to justify the design in regard to the future agricultural use of the land.

 

·    To provide reasonable and clear guidelines for the provision of services to small holdings, including guidelines on:

 

a)   Disposal of waste.

b)   Provision of water supply.

c)   Provision of other utility services such as power, telephone and road access.

 

Without placing a financial burden on other residents as a result of the extension of such services and to ensure that natural resources including soil, trees and scenery are protected.

 

 

Utility services of power and telephone are required for the development. These are available in the locality and would be provided by the developer. The ongoing maintenance of the services in such an isolated area would be born by the community. Guidelines for the provision of all services are available to the developer.

 

The developer has indicated fully how legal access and water supply would be achieved.

 

·    To enable other forms of development to be carried out on land within the General Rural Zones provided that such cases are in keeping with the rural character of the locality and are compatible with the existing or likely future land uses.

 

The development is for subdivision.

 

·    To protect and conserve land which has been identified as being environmentally sensitive.

 

The land is not environmentally sensitive, and the proposed dwelling site is located more than 40m from Flyers Creek.

 

The provisions of the DCP are considered and the following points are noted:

 

1.   The subdivision is applied for with an implied right for a dwelling on the residue agricultural lot.

2.   The subdivision is in accordance with the subdivision and dwelling site design specifications, with the exception that the setback requirements for the existing dwelling cannot be all met. The existing dwelling will only be 10-15m from the southern boundary. The DCP requires that a buffer of at least 100m be provided between lot boundaries and any dwelling envelope and this is provided on all other three sides as land included in the subdivision.

3.   The new lot and the residue would have access to a public road. The applicant has demonstrated that legal access can be continued through the Right of Way.

4.   Services are available in the locality and the developer deems they are able to be extended. The ongoing maintenance of these services would be born by the community.

5.   The creation of Lot 100 is justified as protecting and conserving the agricultural holding in accordance with the objectives of the zone. If this subdivision did not occur, an allotment of 10ha could be sold off around the existing dwelling, thus depleting the farm of considerably more land than the proposed 2.72ha.

 

Planning Agreements

 

Nil.

 

The Regulations

 

Should the application be approved, Council’s Building Inspector would require a geotechnical report for effluent disposal, specific dish drain construction, development in accordance with plans, compliance with the Building Code of Australia, and compliance with the Basix Certificate.

 

Likely Impacts of the Development

 

Amenity

 

The development would have minimal effect on visual amenity in the locality with only one new dwelling proposed at some distance from other existing dwellings in the location. Ambient noise levels would also be minimally affected. The amenity of traffic impact would be affected with one additional user on the road. The construction of a dwelling reduces the amount of land that could be farmed. Utility services are available in the locality.

 

Access

 

Access to the property is via existing roads and ROW. The previous DA addressed the access situation and this would be still applicable. The ongoing maintenance/management of the ROW is set down under common law and is the responsibility of the beneficiaries of the ROW. The applicant is to make a contribution under Section 94 for road improvements under DA 2007/149. 

 

Social and economic impact

 

The social impact of the proposed development relates to the construction of a dwelling which would enable the sale of the land from the existing large rural holding, and therefore fragmentation of a viable farm. The subdivision proposed that Lot 101 would be operated with the landowner’s existing property to the north, with the agricultural potential of the land still being achieved with minimal impact. This would not appear to be still the case.

The standard of access situation is claimed to be creating hardship to existing landowners in the locality, with the inability to negotiate the road for heavy vehicles servicing existing farming operations. The conditions of consent for DA 2007/149 address this matter.

 

Other

 

There are no other known matters for consideration relating to the development including bushfire, contamination, flora/fauna, flooding, heritage and extractive industries.

 

Any submissions

 

Adjoining landowners were notified and submissions were received. The issues raised were as follows:

 

·    Have objected previously to the initial subdivision of the site.

 

Comment: Noted.

 

·    91ha’s is not enough land for farming purposes, surrounding farms are all larger than 100ha’s.

 

Comment: Noted.

 

·    Does not meet Council’s 100ha minimum standard.

 

Comment: Correct.

 

·    With the approval of a dwelling on 91ha’s under State Environmental Planning Policy No. 1. This will encourage the purchase of small properties within 10% of 100ha, with the intention to subdivide resulting in fragmentation of rural land holdings.

 

Comment: Each application is assessed on it’s merits.

 

·    The creation of “lifestyle blocks” has grown enormously and will soon constitute for “Ribbon Development”.

 

Comment: Inaccurate.

 

·    Development similar to this increases the density of dwellings in what is supposed to be a General Rural zoning.

 

Comment: Correct.

 

·    Rural lifestyle residents do not appreciate prime agricultural land practices and this may eventuate into future conflict.

 

Comment: Rural small holdings can create landuse conflict. The use of buffers and setbacks is encouraged.

 

·    The creation of a dwelling puts pressure on neighbouring properties due to water, noise, management practices for viable farms, fire and roads.

 

Comment: Council’s assessment considers these matters.

 

·    The original subdivision did not formally approve a building entitlement of Lot 101.

 

Comment: Correct.

 

·    That the subdivisions of Lots 101 and 100 have not been formally completed eg issues of Subdivision Certificate etc.

 

 

Comment: Correct. The provisions of that consent require compliance.

 

·    Private access has not been upgraded yet, nor has any application been made in respect to the extension of the Right of Carriageway.

 

Comment: This would be addressed under DA 2007/149.

 

·    The new dwelling creates issues with farm management and any spraying of noxious weeds etc

 

Comment: Landuse conflict can be addressed through setbacks and buffers. Council’s assessment does not run to land management.

 

·    That the applicants did not intend to reside on the property and were content upon operating the property from their existing landholding, meaning that the proposed dwelling is not necessary to the production of Lot 101.

 

Comment: The landowner claims that an owner on the land will aid land management, therefore the Lot 101 would be sold off.

 

·    That the proposal does not meet the review currently taking place in respect to planning within the Central West. The main issues considered by the review include:

 

ü Need to protect environmental attributes and the viability of agricultural land in the region.

ü Rural Residential development undertaken through proper planning as a legitimate use of land and contributes significantly to rural communities and economics.

ü Subdivision will make rural land less affordable and may threaten food production.

ü 91ha and a dwelling do not support a viable agricultural land use

 

Comment: The conclusions of the Blayney Cabonne Orange Rural and Industrial Strategy are in line with the Review of Landuse Planning in the Central West, and as such have been considered in the assessment of this application.

 

The public Interest

 

Nil.

 

Suitability of the Site For the Development

 

There are no particular known natural or manmade hazards that would render the site unsuitable for the subdivision.

 

CONCLUSION

 

The development has been thoroughly assessed under the S79C report as above and it would appear to be appropriate to refuse the application.

 

The existing property failed to meet the standards of the Cabonne LEP.

The applicant has not demonstrated why, in this particular case, Council should vary its requirements even further so as to allow a dwelling to be erected on the site. There are adverse economic impacts to the community from continuing to add further dwellings into the farming landscape where they do not support genuine professional agriculture. The applicant has shown considerable flexibility in the objections for this property but has not met the requirements of SEPP1 which is designed for exceptional circumstances there is nothing exception about this application.

 

RECOMMENDATION

 

That the development application (DA 2008/69) for construction of a dwelling on Lot 101 in a subdivision of Lots 1-3 DP 455227, Lot 126 DP 750360, Lots 7/8 DP 942459, Lot 1 DP 112266, Pt 94 DP 455220 Gorham Road, Spring Terrace be refused for the following reasons:

 

1.          The objection to the 100ha standard under State Environmental Planning Policy No. 1 has not been satisfactorily justified in the circumstances of the case.

2.          The application does not comply with Clause 18 of the Cabonne Local Environmental Plan 1991, in respect of the construction of dwellings in the General Rural Zone.

 

 

 


Item 16 Ordinary Meeting 18 July 2011

Item 16 - Annexure 2

 

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Item 16 Ordinary Meeting 18 July 2011

Item 16 - Annexure 3

 

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Item 16 Ordinary Meeting 18 July 2011

Item 16 - Annexure 4

 

DRAFT CONDITIONS OF CONSENT

DA 2008/69

 

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 20081/96, 06104DA-Lot101 sheets 1 and 2, B46.DA01, B46.DA02, B46-DA03, B46.DA04B46.DA05 dated 07.09.07) 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 will be subject to a separate fee.

 

2.         BUILDING CODE OF AUSTRALIA 2011 – AUSTRALIAN STANDARDS

 

Objective

 

To satisfy the Building Code of Australia 2011 and relevant Australian Standards.

 

Performance

 

The approved dwelling and extension to the machinery/hay shed must meet the relevant Australian Standards and the performance requirements of the Building Code of Australia 2011. 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.      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 all relevant conditions.

COMPLIANCE CERTIFICATE to satisfy all relevant conditions.

OCCUPATION CERTIFICATE to satisfy all relevant conditions.

 

5.      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.

 

 

6.      BASIX CERTIFICATE

 

Objective

 

To ensure the dwelling is constructed in the approved manner.

 

Performance

 

All the required commitments shown on the Basix Certificate (No: 157600S dated 07 September 2007) and approved plans are to be completed PRIOR to a Final Occupation Certificate being issued.

 

 

7.      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.

 

 

8.      ON-SITE SEWAGE MANAGEMENT SYSTEM

 

Objective

 

To comply with Council’s On-Site Management System.

 

Performance

 

A separate application is to be submitted and approved for the installation of any on-site sewage management system.  Such approval is to be issued by Council prior to the release of a Construction Certificate for the dwelling.

 

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.

9.      DRAINAGE

 

Objective

 

To ensure free drainage at all times.

 

Performance

 

The proposed dish drainage detailed in Plan No B46.DA04 is to be not less than 150mm below finished floor in the dwelling and such drain is to be completely free draining at all times.

 

 

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.    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.

 

12.    ELECTRICITY SUPPLY

 

To ensure the units have an adequate power supply.

 

Performance

 

The applicant will meet any costs associated with connection of the dwelling to the electricity supply. Documentary evidence from the Power Authority is to be submitted detailing connection.

 

13.    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.

 

14.    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.

 

15.    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 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 Council before a Final Occupation Certificate can be issued.

 

16.    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.

 

17.    INTERNAL ROADS

 

Objective

 

To ensure a suitable all weather access is provided.

 

Performance

 

All internal roads shall be constructed of hard standing, all weather material and shall  be maintained at all times.

 

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.

 

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

 

 

19.    CERTIFICATION OF RETAINING WALLS

 

Objective

 

To ensure structural adequacy

 

Performance

 

Practicing Structural Engineer’s design will be required for retaining walls in excess of 1m in height. The design shall be submitted to the PCA prior to the construction of retaining walls.

 

20.    USE OF SHED

 

Objective

 

To ensure the development proceeds in accordance with Council’s assessment.

 

Performance

 

The approved shed extension has been approved as a farm storage shed. No change in the use of the building is permitted without Council’s prior approval.

 

21.    BUSH FIRE CONTRIBUTIONS

 

Objective

 

To make an equitable contribution towards improvement of Bush Fire Services and Amenities for the specified Brigade.  The contribution has been levied in accordance with Council’s Bushfire Services Contributions Plan, February, 1993.

 

A copy of the Plan is available for inspection at Council’s Department of Environmental Services, Bank Street, Molong during business hours.

 

Performance

 

Prior to release of the Linen Plan the applicant is required to make a contribution of $385.00 towards the improvement of bushfire services and amenities for the Springside Bushfire Brigade (Income No: 15080.042).

 

 

22.    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 16 Ordinary Meeting 18 July 2011

Item 16 - Annexure 5

 

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Item 17 Ordinary Meeting 18 July 2011

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GENERAL MANAGER’S REPORT ON MATTERS FOR NOTATION SUBMITTED TO THE Ordinary Council Meeting TO BE HELD ON Monday 18 July, 2011

Page 1

TABLE OF CONTENTS

 

ITEM 1      NATIONAL GENERAL ASSEMBLY OF LOCAL GOVERNMENT 2

ITEM 2      SHIRES ASSOCIATION OF NSW - NEWLY ELECTED PRESIDENT 4

ITEM 3      INVESTMENTS & RATES SUMMARIES.......................................... 4

ITEM 4      Local Government Act Amendments................................ 5

ITEM 5      Conduct of Elections by Councils................................... 6

ITEM 6      Fringe Benefits Tax...................................................................... 7

ITEM 7      RESOLUTIONS REGISTER - INFOCOUNCIL - Outstanding Actions       7

ITEM 8      HOLMAN BRIDGE REPLACEMENT PROJECT............................. 8

ITEM 9      The new Work Health and Safety Act............................. 9

ITEM 10    WELLINGTON VALLEY WIRADJURI CLAIM N5D912/2009..... 11

ITEM 11    MEDIAN PROCESSING TIMES........................................................ 12

ITEM 12    DEVELOPMENT APPLICATIONS RECEIVED DURING THE PRECEDING MONTH................................................................................................................. 13

ITEM 13    DEVELOPMENT APPLICATIONS APPROVED DURING THE PRECEDING MONTH.................................................................................................. 14

ITEM 14    BURIAL STATISTICS......................................................................... 15  

ANNEXURE ITEMS

 

ANNEXURE 3.1    Rates graph June 2011................................................ 17

ANNEXURE 3.2    BPJul2011............................................................................. 18

ANNEXURE 7.1    Council Resolution..................................................... 19

ANNEXURE 7.2    Community Services Resolution......................... 49

ANNEXURE 7.3    Economic Development Resolution.................. 53

ANNEXURE 7.4    Environmental Resolution.................................... 56

ANNEXURE 7.5    Land Development Resolution............................. 58

ANNEXURE 7.6    Ward Resolution........................................................... 59

ANNEXURE 7.7    Works Resolution........................................................ 60

ANNEXURE 8.1    MR237 Homan Bridge Replacement Project. 67

ANNEXURE 12.1  Development Applications Received - June 2011  68

ANNEXURE 13.1  Development Applications Approved - June 2011         72 

 

ITEM 1 - NATIONAL GENERAL ASSEMBLY OF LOCAL GOVERNMENT

REPORT IN BRIEF

 

Reason For Report

Advising Council of resolutions passed at the recent National General Assembly of Local Government

Policy Implications

Not immediate - pending Government response to NGA resolutions

Budget Implications

Not immediate - pending Government response to NGA resolutions

Area of Responsibility

Government Relations

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 245640

 

General Manager's REPORT

 

The National General Assembly (NGA) of Local Government, was held in Canberra on 20-22 June 2011 and was attended by the Mayor, as delegate and the General Manager, as adviser.

 

Undoubtedly the highlight of the NGA from a Cabonne perspective was the presentation of the National Local Government Award for Innovative Infrastructure.

 

There was a range of keynote speakers and presentations at the Conference, highlighted by addresses by the Prime Minister, Hon Julia Gillard and the Leader of the Opposition, Hon Tony Abbott, Federal Minister Simon Crean and ALGA President, Genia McCaffery. An outline of the speakers and presentations and content is as follows.

 

Prime Minister, Julia Gillard

 

·    Federal and Local Governments worked well on economic stimulus package

·    Support recognition of Local Government in Constitution (people need to know for the security of Local Government in the future and that Local Government is not a subset of State Government)

·    Local Government no longer roads, rates and rubbish

·    Widespread skill shortage affecting all sectors of Australia

·    “Patchwork” economy – some areas boom while others don’t

·    NBN Rollout

·    Climate Change and Carbon Pricing

·    Praised role of Local Government in Natural Disaster Declarations and response right around Australia

 

 

Opposition Leader, Tony Abbott

 

·    Local Government – Major player in Australia – $20billion expenditure per annum and 178,000 employees

·    $14.5billion backlog identified across Australia for Local Government Infrastructure

·    Support for Constitutional Recognition of Local Government

·    Wants to continue to work with Local Government

 

Minister for Regional Australia, Regional Development and Local Government, Simon Crean

 

·    Federal Government emphasis on Regional Australia (Minister, Department and Cabinet Committee)

·    Need to strengthen links between Regional Development Authorities and Local Government

·    Praise the role of Local Government in the RLCIP Program

·    Critical partnerships with Local Government

·    Local Government must demonstrate with facts and figures

 

Conference Motions

 

Conference Motions were grouped under three broad headings of:

 

·    Partnership

·    Place

·    Position

 

There were a range of Motions covering subjects from roads, national urban policy, infrastructure backlog, environment, regional development, economic incentives, health, transport, cooperative partnerships, natural disaster relief and recovery arrangements, consultation on carbon pricing, NBN, renewable energy etc. A full range of motions can be found on the ALGA website (alga.asn.au).

 

In addition an urgency motion was carried from the conference in relation to live animal exports:-

 

“THAT this National General Assembly expresses its concerns of the impacts on regional, rural and remote communities from a Governments decision relating to live animal exports and urges the Australian Government to resolve the situation as soon as possible”.

 

Australia Wide Rural Road Group – Annual General Meeting

 

Whilst at the National General Assembly, Council representatives also attended the Annual General Meeting of the Australia Wide Rural Roads Group. Issues discussed by the group included expansion of membership, membership fees, lobbying, promotion and National Roads Congress.

 

 

ITEM 2 - SHIRES ASSOCIATION OF NSW - NEWLY ELECTED PRESIDENT

REPORT IN BRIEF

 

Reason For Report

Advising Council of an upcoming visit by the newly elected President of the Shires Association NSW.

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 - 245795

 

General Manager's REPORT

 

At the recent Shires Association Conference, elections held resulted in Clr Ray Donald being elected as the new President of the Shires Association of NSW.  Clr Donald has written to Council outlining his priorities of building on the relationship with the State Government as they review the Intergovernmental Agreement; the Local Government Act; carry out the audit of councils’ infrastructure; compile a new State Plan; and reassess the Code of Conduct and the issue of rate pegging and cost shifting.

 

Clr Donald has offered to speak with Council representatives on issues within the community as well as the broader Association matters and it is pleasing to advise that he has accepted Council’s invitation to attend the August meeting and will also be joining Councillors for lunch.

 

It is indeed an honour to have Clr Donald address Council so early in his Presidency.

 

ITEM 3 - 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.  Rates graph June 2011

2.  BPJul2011    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 218006

 

Director of Finance and Corporate Services' REPORT

 

Statements of Investments.

 

The Statement of Investments to 30th June 2011  is attached.

 

Rate Collection Summary.

 

The preliminary summary of rate collections to 30 June 2011 is attached.

 

 

ITEM 4 - Local Government Act Amendments

REPORT IN BRIEF

 

Reason For Report

Advising Council on recent changes to the Local Government Act

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Governance

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 246254

 

Director of Finance and Corporate Services' REPORT

 

NSW Parliament has passed the Local Government (Amendment) Elections Act 2011. The main changes to the Act are as follows:-

 

·    Enabling Councils, in certain circumstances, to make an application to the Minister for Local Government for approval to reduce numbers of Councillors without the need for approval at a Constitutional Referendum

·    Enabling Councils, in certain circumstances, to make an application to the Minister for approval to abolish all Wards in an area without the need for approval at a Constitutional Referendum.

·    Provides that a Bi-election need not be held to fill a casual vacancy in the office of a Councillor if a Constitutional Referendum has approved a reduction in the number of Councillors for the Council area but the reduction has not yet taken effect.

·    Enables Councils to apply to the Minister for an order dispensing with the requirement to hold a Bi-election where a casual vacancy in the office of Councillor occurs within 18 months before an Ordinary election.

 

Further details of the Legislation are currently being investigated and a report will be made to the August Council Meeting. It is understood that some of the amendments have a limited period of time to be acted upon before they lapse.

 

ITEM 5 - Conduct of Elections by Councils

REPORT IN BRIEF

 

Reason For Report

Advising Council of Amendments to the Local Government Act

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Governance

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 246279

 

Director of Finance and Corporate Services' REPORT

 

The NSW Parliament has passed the Local Government Amendment (Elections) Act concerning the conduct of Council elections.

 

Section 296 of the Act now provides that Council elections (and by operation of Section 18 of the Act, Constitutional Referendums and Polls), are to be administered by the General Manager of the Council concerned.

 

A Council may, within 12 months after an Ordinary election of Councillors for the area, resolve that the Council is to enter into a contract or make arrangements with the Electoral Commissioner for the NSW Electoral Commissioner to administer all elections for the Council. If such a contract is entered into or such arrangements made, the Electoral Commissioner is to administer all the elections, Constitutional Referendums and Polls of the Council until the conclusion of the following Ordinary election for Councillors.

 

The General Manager and Director of Finance and Corporate Services will be meeting with the Electoral Commissioner on 30th August, 2011 to discuss the impact of the changes on both Council and the Electoral Commission. Council staff are also holding discussions with the WBC Alliance partners and CENTROC in relation to possible options for the 2012 Local Government Elections.

 

The transitional provisions for the implementation of the Act provide that Council has until 31st October 2011 to make a decision in relation to the administration of the 2012 elections.

 

 

 

 

ITEM 6 - Fringe Benefits Tax

REPORT IN BRIEF

 

Reason For Report

To update Council on new legislation with regards to Fringe Benefits Tax.

Policy Implications

N/A

Budget Implications

Yes

Area of Responsibility

Finance & Corporate Services

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 245973

 

Finance Manager's REPORT

 

Council has now received information from the Australian Taxation Office (ATO) in regards to the changes in legislation to Fringe Benefits Tax (FBT). The changes that have been made relate to the statutory percentage that is used to calculate FBT.

 

In 2010 and previous years there used to be four statutory percentages that could be used to calculate the FBT, this was dependant on the amount of kilometres that the car travelled in the FBT year. Basically the more kilometres the car travelled the lower the statutory percentage, therefore a lower amount of FBT paid by Council.

 

The changes that the ATO have made is that there will now only be one statutory percentage for all vehicles using that method, no matter how many kilometres travelled. It is anticipated that this will have a significant impact on Council`s contribution to FBT to the ATO.

 

The impact will not be seen on Council`s budget straight away as the ATO has advised that the changes will be phased in over a four year period. So the impact on the budget will be evident over the next four years.

 

Council finance staff are unable to advise council of the actual amount of the impact until the FBT return is completed in May 2012.

 

ITEM 7 - 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 Resolution

2.  Community Services Resolution

3.  Economic Development Resolution

4.  Environmental Resolution

5.  Land Development Resolution

6.  Ward Resolution

7.  Works Resolution    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 245988

 

Administration Manager's REPORT

InfoCouncil generated reports are provided including May 2009 to June 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 8 - HOLMAN BRIDGE REPLACEMENT PROJECT

REPORT IN BRIEF

 

Reason For Report

To inform Council of the contents of letter received from the RTA

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Traffic and Transport

Annexures

1.  MR237 Homan Bridge Replacement Project    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 243577

 

Director of Engineering and Technical Services' REPORT

 

Council has received a letter from the Transport Roads and Traffic Authority advising of the Holman Bridge Replacement Project replying to council’s letter giving in-principle support with comment raising concern for possible impact on the local road network.

 

In essence the letter advises the wider impacts associated with the replacement of the bridge will be addressed in the Review of Environmental Impact assessment.

 

ITEM 9 - The new Work Health and Safety Act

REPORT IN BRIEF

 

Reason For Report

Following the assent of the Occupational Health and Safety Amendment Act 2011, new requirements have been added to the current OHS legislation. Assent was also given to the new Work Health and Safety Act on 7th June 2011. There are differences between the existing legislation and the new Act.

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

 

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 245490

 

Risk Management Officer's REPORT

 

Each State’s occupational health and safety authority, in conjunction with Safe Work Australia (the national OHS body) has been working towards a standardised approach to OHS in Australia for the past several years.

 

In NSW, the Occupational Health and Safety Act 2000 and Occupational Health and Safety Regulations 2001 will be repealed and replaced with the Work Health and Safety Act and the Work Health and Safety Regulation.

 

The new legislation will provide a consistent level of safety for workers across Australia, with a reduced compliance and regulatory burden. There is intended to be greater health and safety information available because of the consistent approach.

 

The new legislation passed through both Houses of the NSW Parliament on 1st June 2011 and was assented on 7th June 2011. The new Act will commence on 1st January 2012.

 

Changes to Current Requirements

The new Act and Regulations have changes that will impact on Council. There will be some transitional arrangements that are yet to be identified. The Risk Management Officer has attended a WorkCover seminar series that outlined the differences between the existing Act and the proposed Act. The following points are the major changes promoted by WorkCover.

 

 

1.   Persons Conducting a Business or Undertaking

The term employer is replaced by Persons Conducting a Business or Undertaking (PCBU).

 

PCBU relates to Council as an employer. Certain volunteer groups will be included as PCBU’s as well.

 

If a volunteer organisation such as a Section 355 Committee employs persons such as Pool Supervisors/Attendants and if there is an incident that involves a Pool Supervisor/Attendant being injured or becomes ill, the S355 Committee could be the deemed employer instead of Council and would be responsible under the new legislation.

 

This has serious implications for the S355 Committees that currently oversee and run Council’s pools.

 

2.   Reasonably Practicable

The general requirements of the existing Act, ie. “to ensure the health safety and welfare” etc., are to be replaced by “a person conducting a business or undertaking must ensure, so far as is Reasonably Practicable,” etc. This means that what is reasonably able to be done in relation to health or safety is taken into account.

 

With the assent of the Occupational Health and Safety Amendment Act 2011 on 7th June 2011, reasonably practicable was included in Section 8 Duties of employers where

an employer, so far as is reasonably practicable, ensure the health safety and welfare at work” etc.

 

The absolute duty to “guarantee” a workers health and safety has been removed.

 

3.   Onus of Proof

The reverse onus of proof has been replaced by the standard onus of proof. An employer is now deemed innocent until a case is made to convict; this is different from the previous requirement that deemed an employer guilty and was very difficult to prove innocence under the absolute nature of the duty, even with identified Defences in the legislation.

 

4.   Consultation

The principles of Consultation as required by the Act remain similar. The PCBU must consult with its workers which include workers, contractors, sub-contractors, apprentices, work experience students and volunteers.

 

The current OHS Committee is still required under the new legislation, but there may be changes to the training requirements for Committee members. Existing Committee members may be required to do additional Consultation training required under the new Act.

 

If one or more employees request that their work group (eg Molong Depot, Cudal Office etc.) be represented by a Health and Safety Representative (HSR) the PCBU must arrange an election for the position. The HSR has functions other than those of an OHS Committee representative. HSR’s will be required to attend a 5 day training programme before they can use the additional powers.

 

The HSR can direct a worker to cease work if they reasonably believe the worker is exposed to serious health or safety concerns, and they are able to issue a Provisional Improvement Notice (PIN) to someone if they believe the PCBU or a worker is contravening the WHS legislation.

 

Where to!

To ensure that Cabonne management and staff are prepared for the legislative change, WorkCover Fact Sheets will be placed on the Intranet, the OHS Committee will be consulted, and newsletters prepared for distribution to Councillors, management and staff.

 

The RMO will liaise with Orange WorkCover’s Business Advisory Officer, Wellington and Blayney OHS Officers, and Cabonne’s Senior Management. Some time will be spent on clarifying and supporting the S355 Committees that may be affected by the changes.

 

Conclusion

There are changes to the OHS legislation that have already been made as a result of the OHS Amendment Act 2011 even though they are part of the new Work Health and Safety Act. The most important of the changes are the removal of the reverse onus of proof, and the introduction of reasonably practicable into the general duties provisions.

 

ITEM 10 - WELLINGTON VALLEY WIRADJURI CLAIM N5D912/2009

REPORT IN BRIEF

 

Reason For Report

To provide Council with an update regarding the claim.

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Environmental Services

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 245460

 

Director of Environmental Services' REPORT

 

Council has been advised that a case management conference was held on 13 April 2011, where the Court declared that 291 persons and organisations listed by the court are identified as parties to the proceedings. Cabonne Council, along with Bathurst Regional Council, Dubbo City Council, Mid Western Regional Council, Narromine Council, Orange City Council, Parkes Council, Warrumbungle Council and Wellington Council have registered concern regarding potential impact of the claim.

 

The Federal Court of Australia has indicated that certain preliminary issues are required to be resolved or narrowed before the matter can be referred for mediation. The Court will notify parties when the matter is to be referred for mediation.

 

ITEM 11 - 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 - 245551

 

Director of Environmental Services' REPORT

Summary of median Application Processing Times over the last five years for the month of June:

 

YEAR

MEDIAN ACTUAL DAYS

2007

1

2008

31

2009

33

2010

41

2011

38

 

 

Summary of median Application Processing Times for 2011:

 

MONTH

MEDIAN ACTUAL DAYS

January

33

February

14

March

27

April

30

May

23

June

38

July

 

August

 

September

 

October

 

November

 

December

 

 

ITEM 12 - 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 - June 2011    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 245552

 

Director of Environmental Services' REPORT

 

The following Development Applications have been received during the period 1/06/2011 to 30/06/2011 as detailed in the Annexure.

 

SUMMARY OF DEVELOPMENT APPLICATIONS RECEIVED

 

TYPE

NUMBER

ESTIMATED VALUE

Dwelling

8

$ 3,498,300

Additions/Alterations

5

$ 698,630

Transportable/Relocatable

1

$ 107,000

Garage

2

$ 22,000

Storage Shed

1

$ 8,920

Silo

1

$ 300,000

Boundary Adjustment

2

$ 3,000

Tourist Facility

1

$ 180,000

Carport

1

$ 3,000

Unknown

1

$ 12,100

Septic Tank

2

$ -----

TOTAL

25

$ 4,832,950

 

SUMMARY OF COMPLYING DEVELOPMENT* APPLICATIONS RECEIVED

 

TYPE

NUMBER

ESTIMATED VALUE

Dwelling

1

$ 250,000

TOTAL

1

$ 250,000

 

GRAND TOTAL

 

26

 

$ 5,082,950

 

*Complying Developments can be identified on the attached report by the 4 digit DA number i.e. 2011/1001 & 2010/1002

 

ITEM 13 - 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 - June 2011    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 245554

 

Director of Environmental Services' REPORT

 

The following Development Applications have been approved during the period 1/06/2011 to 30/06/2011 as detailed in the Annexure.

 

SUMMARY OF APPROVED DEVELOPMENT APPLICATIONS

 

TYPE

NUMBER

ESTIMATED VALUE

Patio

1

$ 23,000

Rural Shed

2

$ 25,820

Dwelling

3

$ 803,358

Refreshment Room

1

$ 90,000

Carport

2

$ 7,500

Fire Station

1

$ 160,000

Garage

1

$ 11,000

Additions/Alterations

1

$ 63,000

Demolition

1

$ -----

Tourist Facility

1

$ -----

Subdivision

2

$ -----

TOTAL

16

$ 1,183,678

 

 

 

 

SUMMARY OF APPROVED COMPLYING DEVELOPMENT* APPLICATIONS

 

TYPE

NUMBER

ESTIMATED VALUE

Dwelling

1

$ 250,000

TOTAL

1

$ 250,000

 

 

GRAND TOTAL

17

$ 1,433,678

Previous Month

20

$ 2,333,675

*Complying Developments can be identified on the attached report by the 4 digit DA number i.e. 2010/1073 & 2010/1074

 

ITEM 14 - BURIAL STATISTICS

REPORT IN BRIEF

 

Reason For Report

To provide information on burial statistics

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Cemeteries

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 245555

 

Director of Environmental Services' REPORT

 

YEAR

NO OF BURIALS

2006/07

59

2007/08

62

2008/09

57

2009/10

65

2010/11

 

July

7

August

2

September

4

October

0

November

4

December

3

January

3

February

2

March

5

April

2

May

4

June

4

Total

40

 

 

 

  


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