cabonne Council colour 200 wide

 

 

 

 

 

 

9 August 2011

 

 

NOTICE OF ORDINARY COUNCIL MEETING

 

Your attendance is respectfully requested at the Ordinary Meeting of Cabonne Council convened for Monday 15 August, 2011 commencing at 9.30am, at the Cabonne Shire Office, Bank Street, Molong to consider the undermentioned business.

 

Yours faithfully,

 

 

a GM signature

GLP Fleming

GENERAL MANAGER

 

ORDER OF BUSINESS

 

1)       Open Ordinary Meeting

2)       Consideration of Mayoral Minute

3)       Consideration of General Manager’s Report

4)       Matters of Urgency

5)       Resolve into Committee of the Whole

a)    Consideration of Closed Items

6)       Adoption of Closed Committee of the Whole Report


 

ATTENDEES – AUGUST 2011 COUNCIL MEETING

 

 

10.20am

Presentation to Chloe Boyd and Jamahl Wright – Youth of the Month

12.30pm

Cr Ray Donaldson – President of the Shires Association addressing Council and joining Councillors for lunch

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

 

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

 

 

 

 

COUNCIL’S MISSION

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

 

 
 

 

 


         

 

 

 

 

 

 

 

 

 

COUNCIL’S VISION

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

 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 


GENERAL MANAGER’S REPORT ON MATTERS FOR DETERMINATION SUBMITTED TO THE Ordinary Council Meeting TO BE HELD ON Monday 15 August, 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      Grouping of report adoption.............................................. 6

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

ITEM 7      ECONOMIC DEVELOPMENT & TOURISM COMMITTEE MEETING 7

ITEM 8      COMMUNITY SERVICES COMMITTEE MEETING........................ 7

ITEM 9      ENVIRONMENTAL SERVICES AND SUSTAINABILITY COMMITTEE MEETING................................................................................................................... 8

ITEM 10    WORKS COMMITTEE MEETING MINUTES.................................... 8

ITEM 11    BUSINESS PAPER ITEMS FOR NOTING........................................ 9

ITEM 12    COMMUNITY CONSULTATION MEETINGS................................. 10

ITEM 13    Local Government Act Amendments.............................. 11

ITEM 14    Notice of Motion.......................................................................... 13

ITEM 15    Government Information (Public Access) Act 2009 - proactive release program........................................................................ 14

ITEM 16    PEDESTRIAN BRIDGE, MOLONG.................................................. 15

ITEM 17    YELLS ROAD TRANSFER................................................................ 17

ITEM 18    FRISBY LANE TRANSFER............................................................... 18

ITEM 19    EUGOWRA ROAD TRANSFERS..................................................... 19

ITEM 20    POLICY REGARDING HIRE OF ITEMS FROM THE MOLONG AND CUDAL HALL................................................................................................................. 20

ITEM 21    DA 2008/69 - PROPOSED DWELLING, GORHAM ROAD, SPRINGSIDE  21

ITEM 22    REQUEST FOR s82A REVIEW OF DEVELOPMENT DETERMINATION - DA  2011/77 - LOT 100 DP 1031436 - 1034 THE ESCORT WAY, BORENORE         38

ITEM 23    Modification of DA 2011/103.................................................... 41

ITEM 24    AQUISITION OF A PORTION OF LOT 4 DP 846004 BEING FOR ROAD REALIGNMENT ALONG EDINBORO LANE, CARGO................ 48

ITEM 25    Questions For Next Meeting................................................ 49

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      OUTSTANDING PUBLIC LIABILITY INSURANCE CLAIMS

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

ITEM 4      CADIA DEVELOPERS AGREEMENT

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

ITEM 5      GELATO FACTORY

(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 6      ABANDONMENT OF RATES AND WATER/SEWER AMOUNTS 2010/11

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

ITEM 7      DEBT RECOVERY REPORT OF OUTSTANDING RATES DEBTS

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

ITEM 8      PURCHASE OF ROAD MIXING EQUIPMENT

(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 9      QUARRY REVIEW COMMITTEE MEETING MINUTES

Procedural

ITEM 10    Review of Eugowra Floodplain Study

(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 11    DRAFT LEP ZONINGS AND PUBLIC EXHIBITION OF DRAFT LEP

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

ITEM 12    General Manager's Performance Review

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

 

ANNEXURE ITEMS

 

ANNEXURE 6.1    July 18th 2011 Ordinary Council minutes....... 50

ANNEXURE 7.1    August EDT Minutes..................................................... 64

ANNEXURE 8.1    Report of the Community Services Committee held 1 August 2011........................................................................ 68

ANNEXURE 9.1    Report of the Environmental Services & Sustainability Committee held 1 August 2011............................... 71

ANNEXURE 10.1  Report of the Works Committee held 1 August 2011 80

ANNEXURE 16.1  Molong Pedestrian Bridge..................................... 86

ANNEXURE 21.1  Original planning report....................................... 87

ANNEXURE 21.2  Original Conditions of Consent......................... 99

ANNEXURE 21.3  Site plan, elevations & shed plan................... 106

ANNEXURE 21.4  Draft Conditions of Consent 2008/69.............. 109

ANNEXURE 21.5  Letters of objection............................................... 117

ANNEXURE 22.1  April 2011 report - DA 2011/77................................ 127

ANNEXURE 22.2  Form 4 Refusal for DA 2011/77............................. 131

ANNEXURE 22.3  Request for s82A review....................................... 133

ANNEXURE 22.4  Concerns Regarding Development Application 2011/77    141

ANNEXURE 22.5  Comments regarding DA 2011/77 - Mr Davison 143

ANNEXURE 22.6  Stivens DA - applicant's legal opinion.......... 144

ANNEXURE 23.1  DA 2011-103 Modification conditions................ 146 


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 - 217878

 

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 - 217928

 

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 - 217942

 

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 - 217957

 

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 - Grouping of report adoption

REPORT IN BRIEF

 

Reason For Report

Enabling procedural reports to be adopted.

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 - 250482

 

Director of Finance and Corporate Services' REPORT

 

Items 6 to 10 are considered to be of a procedural nature and it is proposed that they be moved and seconded as a group. Should any Councillor wish to amend or debate any of these items they should do so at this stage with the remainder of the items being moved and seconded.

 

 

Recommendation

 

THAT;

 

1.      Councillors call any items they wish to further consider

 

2.      That items 6 to 10 be moved and seconded.

 

 

 

ITEM 6 - 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.  July 18th 2011 Ordinary Council minutes    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 217968

 

General Manager's REPORT

 

The following minutes are attached for endorsement.

1.   Minutes of the Ordinary Council meeting held on 18 July 2011

 

Recommendation

 

THAT the minutes of the Ordinary Meeting held on 18 July 2011be adopted.

 

 

ITEM 7 - 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.  August EDT Minutes    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 249878

 

Economic Development Manager's REPORT

 

Attached is the report of the Economic Development and Tourism Committee Meeting of Cabonne Council held on 1 August 2011 for Council’s adoption.

 

 

Recommendation

 

THAT the report and recommendations of the Economic Development and Tourism Committee Meeting of Cabonne Council held on 1 August 2011 be adopted.

 

 

ITEM 8 - COMMUNITY SERVICES COMMITTEE MEETING

REPORT IN BRIEF

 

File Number

250494

Reason For Report

Adoption of Community Services Committee Recommendations

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Community Services

Annexures

1.  Report of the Community Services Committee held 1 August 2011    

 

Community Services Manager's REPORT

 

Attached is the report of the Community Services Committee Meeting of Cabonne Council held on 1 August 2011 for Council’s adoption.

 

 

Recommendation

 

THAT the report and recommendations of the Community Services Committee Meeting of Cabonne Council held on 1 August 2011 be adopted.

 

 

 

ITEM 9 - 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.  Report of the Environmental Services & Sustainability Committee held 1 August 2011    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 249861

 

 Director of Environmental Services' REPORT

 

Attached is the report of the Environmental Services and Sustainability Committee Meeting of Cabonne Council held on 1 August 2011.

 

 

Recommendation

 

THAT the report and recommendations of the Environmental Services and Sustainability Committee Meeting of Cabonne Council held on 1 August 2011 be adopted and carried Motions be noted.

 

 

 

ITEM 10 - 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.  Report of the Works Committee held 1 August 2011    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 250311

 

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 1st August, 2011.

 

Recommendation

 

THAT the report and recommendations of the Works Committee held on Monday 1st August 2011 of Cabonne Council be adopted.

 

 

 

ITEM 11 - BUSINESS PAPER ITEMS FOR NOTING

REPORT IN BRIEF

 

File Number

217994

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

 

The list of items for notation at the end of the business paper have previously been emailed to Councillors to enable them to follow-up matters with the appropriate staff members.

 

In accordance with Council’s format for its Business Paper, Councillors wishing to discuss any item after having discussions with the relevant staff member 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 12 - COMMUNITY CONSULTATION MEETINGS

REPORT IN BRIEF

 

Reason For Report

To update Council on the conduct of the second round of Community Consultation Meetings to commence in September.

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Community Relations

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 248505

 

General Manager's REPORT

 

Council received a report in June regarding the second round of Community Consultation Meetings which indicated a proposed timetable.  Following consultation with local Progress Associations the timetable has now been confirmed.

 

Cargo

Thursday 15 September

Cargo Hall

Mullion Creek

Wednesday 21 September

Mullion Creek Hall

Eugowra

Thursday 29 September

Eugowra Community Hall

Manildra

Wednesday 12 October

Memorial Hall

Cumnock

Wednesday 19 October

Cross Roads Building

 

As has been discussed previously, the notification and communication of the Community Consultation Meetings is very important and, as a result, the following Communication Strategy has been developed:

 

·    Media releases issued on 2 August 2011 to all regional and local media outlets publicising all upcoming meetings and listing dates, times and venues.

 

·    Individual targeted media releases to be issued prior to each meeting.

 

·    Advertisements to be placed in newspapers.

 

·    Letterbox drops co-ordinated through local Post Office ratepayers living in each village and surrounding area, advising them of the meetings and inviting them to attend.

 

·    Posters to be placed in each village.

 

·    Information placed on home page of Council’s website in Latest News and What’s On sections.

 

·    Councillors to promote in their localities through word of mouth, personal invite and notification to relevant community organisation.

 

 

·    Radio interviews have already been conducted on the upcoming round of meetings and further interviews will be conducted as each meeting gets closer.

 

 

Recommendation

 

THAT Council note the confirmed timetable and communication strategy for the 2nd round of Community Consultation Meetings commencing in September 2011.

 

 

 

ITEM 13 - 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 - 250457

 

Director of Finance and Corporate Services' REPORT

 

Councillors were advised of changes to the Local Government Act at the July Meeting. A follow up Report was to be made when details of tow of the changes had been received, being the abolition of ward boundaries and reduction in Councillor numbers. Further information is now available and is as follows:-

 

Ministerial Approval for Reduction in Number of Councillors without Constitutional Referendum

 

Section 224A of the Act now provides Councils with a further limited opportunity to make application to the Minister for approval to reduce their numbers without the need for approval at a Constitutional Referendum.

 

Applications must be made no later than 5 months after the commencement of the Amending Act, that is no later than 28 November 2011. The procedure is as follows:-

 

·    The Council must give not less than 42 days public notice of its proposal to resolve to reply to the Minister for approval to reduce its Councillor numbers;

 

·    The public notice must;

 

o State the place at which, the dates on which, and the times during which the public may inspect the proposed resolution and;

o Invite public submissions on the proposal;

 

·    The Council must bring the notice to the attention of as many people in its area as possible. This is commonly done by doing all of the following;

 

o Advertising in a newspaper regularly circulating in the Council area

o Exhibiting the notice in public areas such as community centres, libraries and public notice boards; and

o Posting the notice on the Council’s website

 

·    After passing the resolution Council must forward to the Minister;

 

o A copy of the resolution

o A summary of any submissions received by it; and

o Its comments concerning those submissions

 

Councils are reminded that Section 224A still prevents such applications being made where;

 

·    The reduction would result in the Council having less than five Councillors

·    The Council is divided into Wards and the reduction would result in the number of Councillors for each Ward being fewer than three (subject to the number of Wards).

 

Further, as was the case before the amendment;

 

·    Where a Council receives approval to reduce the amount of Councillors, the reduction will not take place until the next Ordinary Election, however;

 

o By reason of section 294A of the Act any casual vacancies that occur during this period will not be required to be filled unless the number of councillors on the Council would become less than the reduced number approved by the Minister.

 

Ministerial Approval for the Abolition of Wards without Constitutional Referendum

 

Section 210B of the Act allows a one off opportunity to resolve to apply to the Minister to approve the abolition of all wards of their Council area. Applications must be made no later than 5 months of the commencement of the amending Act, that is no later than 28 November 2011.  The steps in the application process are generally the same as those required for the application to reduce Councillor numbers as those noted above.

 

Previous discussions at Council have raised the issue of the number of Councillors and the benefits and disadvantages of retaining wards.

 

 

Recommendation

 

THAT Council discuss the options of reducing the number of Councillors from 12 to 9 and the option of retaining or abolishing wards and provide direction on these matters.

 

 

ITEM 14 - Notice of Motion

REPORT IN BRIEF

 

Reason For Report

To consider a Notice of Motion received from Councillor Gosper

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Governance

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 250429

 

Director of Finance and Corporate Services' REPORT

 

A Notice of Motion has been received by Clr Gosper reading as follows:-

 

I hereby give notice of intention to move the following motion at the August Council Meeting;

 

“THAT due to Councillor Duffy not resigning as requested at the July Council Meeting for not appearing to be representing the interests of Cabonne Ratepayers as a whole and having a clear conflict of interest Council censure Councillor Kevin Duffy for apparently not fulfilling his role as an elected person to represent the interest of the residents and ratepayers”.

 

Signed: Clr I Gosper

 

In order for it to be dealt with by the Committee it will need to be moved and seconded on the meeting day.

 

 

Recommendation

 

THAT the Notice of Motion be dealt with.

 

 

 

ITEM 15 - Government Information (Public Access) Act 2009 - proactive release program

REPORT IN BRIEF

 

Reason For Report

Council is required to review its Proactive Release Program annually

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Right to Information - GIPA

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 249381

 

Administration Manager's REPORT

 

Council may recall that the Government Information (Public Access) Act 2009 (The GIPA Act) establishes four ways for Council information to be made available to the public. 

 

1.   Mandatory disclosure of open access information

Councils must publish certain information on their website, free of charge.

Includes policies, DA info, etc

 

2.   Proactive release

Councils are encouraged to proactively release as much government information as possible, in an appropriate manner and free of charge (or at the lowest reasonable cost). 

 

A Proactive Release Program is required which is the focus of this report.

 

3.   Informal release

Councils are encouraged to release information in response to a request without the need for a formal application, unless there are good reasons to require one.  Applies to regular releases of information by all staff.

 

4.   Formal access application

In limited circumstances, access to information will require a formal access application.  People have a right to access information in this way unless the GIPA Act provides a reason to withhold the information.  Formal applications are dealt with by Council’s ‘Right to Information’ officers – the Administration Manager and Administration Officer.

 

Councils are encouraged to proactively release as much government information as possible, in an appropriate manner and free of charge (or at the lowest reasonable cost).  

 

Under the GIPA Act Council is required to develop and annually review a Proactive Release Program.  The review of this program must be included in Council’s GIPA Annual Report.

 

Council’s Proactive release program is as follows:

 

1.   Any information informally released under GIPA provisions on more than 2 occasions and/or where the applicant has indicated that they will be requesting regular updates.

2.   Information considered to be of interest to the public (not already required to be released).

 

 

Recommendation

 

THAT:

1.  Council review its current Proactive Release Program.

2.  Subject to any changes Council determines, adopt the Proactive Release Program as detailed in the report for a further 12 months.

 

 

ITEM 16 - PEDESTRIAN BRIDGE, MOLONG

REPORT IN BRIEF

 

Reason For Report

Seek Council approval to accept RTA offer to Project Manager the construction of the new bridge.

Policy Implications

Nil

Budget Implications

Council to recieve $250,000 for the project which will cover construction, relocation of services and approaches.

Area of Responsibility

Roads and Bridges

Annexures

1.  Molong Pedestrian Bridge    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 250260

 

Director of Engineering and Technical Services' REPORT

Council has received an offer from the RTA to project manage the construction of a new pedestrian bridge over the railway line in Wellington Street Molong. The offer includes a single payment of $250,000.

Council has been engaged in a number of consultative meetings with RTA and Country Rail Infrastructure Authority (CRIA) for the demolition and construction of a new structure. Council may recall pedestrian access over the railway line was an important consideration when the design of the new bridge on the Mitchell Highway was being developed. RTA committed to the provision for pedestrians either by improvements to the existing structure or construction of a new one. In determining the preferred option a number of issues needed to be addressed;

1.   CRIA – would like to remove the existing structure due to drainage and clearance issues

2.   Heritage – the existing structure was included in the Molong Railway Station heritage precinct. The structure has now been removed from the heritage precinct allowing demolition.

3.   Demolition – Council has water services on the existing structure. Telstra is also located on the structure. CRIA have agreed to undertake the demolition in a staged process to allow council to relocate its utilities to the new structure with minimal disruption to services.

4.   Environmental – RTA have completed the environmental (part 5) requirements for the demolition and construction of a new structure

5.   Funding – RTA to meet all costs associated with the construction of the new bridge. CRIA to meet all costs associated with the demolition of the existing bridge. Council is responsible for the relocation of its services as is Telstra.

6.   Costs – Council has received a quotation for the construction of the new bridge of $149,580 + GST. This quotation was sought by the RTA and has been forwarded onto council. Council will be required to relocate its services and make good the approaches.

7.   Ownership – Council will take ownership of the new asset (bridge) on completion

 

Recommendation

THAT:

1.  Council accept the RTA offer to undertake the construction of the new pedestrian bridge and associated works for the sum of $250,000.

2.  Accept the quotation for the new bridge from Fleetwood in the amount of $149,580 + GST.

 

 

ITEM 17 - YELLS ROAD TRANSFER

REPORT IN BRIEF

 

Reason For Report

To inform Council of proposed transfer of Yells Road

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 - 250306

 

Director of Engineering and Technical Services' REPORT

Council has received a letter from The Crown Lands Division of the LPMA requesting that a segment of Yells Road (off Escort way that runs through a Crown Reserve) be formalised to a Council Road under the Land Acquisition (Just Terms Compensation) Act 1991.

Site Map

8550420

There is no road reserve around this segment of Yells Road hence Council would need to create a new road reserve running through the Crown Reserve to legalise this already formed and council maintained road. It is presently a part of Cabonne’s road network and is the only physical access to the remainder of Yells Road and the properties along it.  It is signposted as a road but presently has no legal status as a road. Formalising this segment of Yells Road to a legal road will involve surveying and sub-dividing the land to create a new parcel for the Road Reserve and transferring to Council Land and gazetting it as a Road Reserve. The segment of road to be transferred is approximately 650 metres long.

 

Recommendation

 

THAT Council commence these processes to legalise the extent of this already formed and maintained road.

 

 

ITEM 18 - FRISBY LANE TRANSFER

REPORT IN BRIEF

 

Reason For Report

To inform Council of Frisby Lane transfer

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 - 250307

 

Director of Engineering and Technical Services' REPORT

Cabonne Council has received a letter from the LPMA in response to a DA 2006/286 located at Frisby Lane, South of Cudal. The LPMA requested that the roads adjoining the proposed sub-division be transferred from Crown Roads to Council Roads. These roads are shown on an annexure map with dotted or dashed lines. The two Roads running North to South (dotted lines) are unformed roads. The dashed line and the solid line form a part of Frisby Lane which is a formed and Council maintained road. The LPMA have advised that they will waive the transfer fees for these roads. So there would be no fees payable for this transfer.

Site Map

4731242

 

 

Recommendation

 

THAT Council transfer Frisby Lane to a Council Road as it is currently on Councils Road Register and is maintained by Council and that Council leave the two unformed roads (dotted lines) vested in Crown and do not take ownership of these roads.

 

 

 

ITEM 19 - EUGOWRA ROAD TRANSFERS

REPORT IN BRIEF

 

Reason For Report

To inform Council of the road transfers in 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 - 250304

 

Director of Engineering and Technical Services' REPORT

At Council’s meeting on the 18th July 2011, a resolution was passed to name a Lane in Eugowra 'Granite Lane'. Before this name can be officially gazetted this road must be transferred from a Crown Road to a Council Road. The LPMA have requested that Council also take over some other Crown roads within Eugowra that have “names” .

Site Map

The attached map shows the roads that they request Council to transfer. They include Norton Street, Victoria Street, North Street, Hill Street, Bowler Street, Cooper Street, Camp Street, Marara Street, West Street and Alexandra Street. These roads are all formed, Council maintained and a part of Council’s Road Register. The LPMA have advised that they will waive the transfer fees for these roads. So there would be no fees payable for this transfer.

 

Recommendation

 

THAT Council proceed with the transfer of these roads as requested.

 

 

ITEM 20 - POLICY REGARDING HIRE OF ITEMS FROM THE MOLONG AND CUDAL HALL

REPORT IN BRIEF

 

Reason For Report

Council requested a report on clarification of this policy at its July 2011 meeting.

Policy Implications

Amendment to existing policy.

Budget Implications

Nil

Area of Responsibility

Council Properties

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 249256

 

Urban Assets Coordinator's REPORT

 

At its recent July 2011 meeting Council resolved to maintain for the moment its existing policy in relation to hire or lending out of tables and chairs and hall items from the Molong hall.

 

Council also requested a report clarifying the existing policy.

 

The current policy is that: “Council cease hire of chairs and tables from the Molong Community Centre unless a suitable monitoring arrangement is put in place and equipment at Cudal Community Hall be monitored for any loss or damage”.

 

This current policy does not take into account hall items from community halls controlled by S355 committees and appears ambiguous in relation to items from the Cudal community hall.

 

S355 Committees in control of Council community halls may derive income from hire of hall items and have resources to monitor the condition of the items on return. Molong and Cudal community halls are not controlled by S355 committees and Council does not have resources to monitor the condition of the items going out or being returned. Therefore the current policy should be amended to clarify these situations.

  

 

Recommendation

 

THAT Council approve an amended policy: “Council cease hire of chairs and tables from the Molong and Cudal Community halls unless a suitable monitoring arrangement is implemented but permit hire of items from halls controlled by S355 Committees.

 

 

 

ITEM 21 - DA 2008/69 - PROPOSED DWELLING, GORHAM ROAD, SPRINGSIDE

REPORT IN BRIEF

 

Reason For Report

Recommending approval of DA 2008/69

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 - 249525

 

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 22 - REQUEST FOR s82A REVIEW OF DEVELOPMENT DETERMINATION - DA  2011/77 - LOT 100 DP 1031436 - 1034 THE ESCORT WAY, BORENORE

REPORT IN BRIEF

 

Reason For Report

Reporting on request for a S82A review

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Development

Annexures

1.  April 2011 report - DA 2011/77

2.  Form 4 Refusal for DA 2011/77

3.  Request for s82A review

4.  Concerns Regarding Development Application 2011/77

5.  Comments regarding DA 2011/77 - Mr Davison

6.  Stivens DA - applicant's legal opinion    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 249528

 

Director of Environmental Services' REPORT

 

Introduction

The Council at its meeting of 27 June 2011 resolved to defer further consideration of the request to review the abovementioned determination, and to seek legal opinion on the planning issues relating to the development.

 

Council has received advice from its solicitors, however the document is not for public release as it relates to a development matter where possible Land and Environment Court action may be implemented and is therefore subject to legal priviledge.

 

The legal advice in summary finds that on the information provided, that the proposed development appears to be contradictory to objective (c)(ii) for the 7(c) zone of the Cabonne LEP, in as much as adequate justification for development of the land for purposes other than agriculture has not been provided. The development would also appear to be inconsistent with objective (c)(i) for the 7(c) zone in that the proposal would not protect, enhance and conserve agricultural land in a manner which sustains its efficient and effective agricultural production potential.

 

For the purpose of the review of the determination it should be clarified that the subject land is defined by the Agricultural Land Classification Map for Cabonne prepared by Dept Agriculture, as prime agricultural land (being class 3 land).  As stated in the planning assessment report a key objective of the 7(c) zone is to protect development of prime crop and pasture land from development for purposes other than agriculture.

 

In regard to the proposed dwelling, advice indicates that a dwelling is not permissible with consent upon the holding. It is further considered that the proposed dwelling would not seem to be subsidiary or ancillary to the proposed tourist use. Insufficient justification has been given as part of the application to establish why the house would be necessary, particularly as the cabin(s) are not reliant on the dwelling for any services or utilities.

 

In relation to the request to review the determination the advice indicates that council may facilitate a review subject to compliance with the relevant regulations. Council may also consider reviewing the reasons for refusal of the development.

 

Based upon the advice provided, it is suggested that council review the determination. Council may also consider expanding on its previously stated reasons for refusal of the application as follows:

 

1.   The carrying out of the proposed development on the land to which the development application relates would not be consistent with the following objectives of Zone No 7(c) (Environmental Protection – Water Catchments):

 

(c) to promote the proper management and utilisation of agricultural resources by:

 

(i) protecting, enhancing and conserving:

 

Agricultural land in a manner which sustains its efficient and  effective agricultural production potential,

 

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

 

2.   The erection of the proposed dwelling-house on the land to which the development application relates is prohibited by clause 18(2) of Cabonne Local Environmental Plan 1991 because:

 

(a) The dwelling-house is not ancillary to the use of the land for another purpose, and

 

(b) The council is not satisfied that

 

(i)         the land could not reasonably be used for the purpose of the tourist cabins without the erection of the dwelling-house, and

(ii)        the dwelling-house is to be located so as to minimise any adverse effect on the use of the land for that primary purpose.

 

 

The following is the report presented to the June Council meeting:

 

“The Council at its meeting of 18 April 2011 gave consideration to a development application (DA 2010/77) submitted by applicant / landowner Ms Michelle Stivens who is seeking approval for the establishment of a tourist facility (two cabins, barn and ancillary dwelling) upon a 26.6ha rural allotment described as Lot 100 DP 1031436 located at 1034 The Escort Way, Borenore. The Council resolved to refuse the development as the proposed development did not satisfy the objectives of the zone or comply with clause 18 of the Cabonne LEP 1991. A copy of the planning report and the formal Notice of Refusal is attached.

 

The applicant has requested Council to review the determination under s82A of the Environmental Planning and Assessment Act. In lodging the request the applicant has also submitted advice obtained by a Barrister in support of the development proposal (copy attached).  A summary of issues and the associated planning comments has been drafted to assist council in considering this matter (copy attached). Council may care to consider seeking its own legal advice on the planning issues prior to any further consideration of the request to review the determination.

 

Review process

 

Section 82A of the act enables a proponent to request a review by council of the determination of a development application; such request must be made within 12 months of the issue of a determination. The proponent is also permitted to submit amendments to the development proposal.

 

Council may review the determination if it has notified the request for the review in the same manner as it notified the initial application, and has given consideration to any submissions. In this instance the development application was neighbourhood notified and an objection had been received by Council. The request to review the determination was likewise neighbourhood notified and two submissions/objections have been received (copies attached).

 

Council may consider the request to review the determination, however under current wording of the Act Council is not obligated to carry out a review.

 

As a consequence of its review council may confirm or change the determination. It should be noted that a review decision cannot be subject to a further review.

 

The matter is referred to Council for review.”

 

 

Recommendation

 

THAT Council consider the request submitted under s82A of the Environmental Planning and Assessment Act 1979, as amended, to review the determination of DA 2010/77 – Lot 100 DP 1031436, 1034 The Escort Way, Borenore.

 

 

 

 

 

 

ITEM 23 - Modification of DA 2011/103

REPORT IN BRIEF

 

Reason For Report

Modification of DA 2011/103 Conditions 19 & 20

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

 

Annexures

1.  DA 2011-103 Modification conditions    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 245701

 

Senior Town Planner's REPORT

 

ADVISORY NOTES

Record of voting

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

 

Political Disclosures

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

 

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

 

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

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

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

 

Nil planning application disclosures have been received. 

 

Nil public submission disclosures have been received. 

 

 

SUMMARY

 

The following report provides an assessment of the proposed modification of Conditions 19 and 20 of the Development Approval for three (3) villa houses at Lot 5 Section 16 DP 758221, 11 Preston Street, Canowindra.

 

The application has been referred to the Council for determination due to the original Development Application being determined by Council.

 

It is recommended that the Condition 19 remain and Condition 20 be amended.

 

Applicant: Habitat for Humanity (NSW) Ltd

Owner:      Habitat for Humanity (NSW) Ltd

Proposal:  3 Detached Villas 

Location:   Lot 5, Section 16, DP 758221, 11 Preston Street, Canowindra

Zone:         2(v) Village or Urban

 

THE SITE

 

The subject site is located in south Canowindra on the south side of the Belubul River approximately 2.5km from the town centre.  The site is situated on the northern side of Preston Street and the western side of Milton Street with an unformed rear laneway to the north.  The area is characterised by large blocks of land comprising single storey residential dwellings.  The site is Zoned 2(v) Village or Urban under the provisions of the Cabonne Local Environmental Plan 1991. 

 

Subject Site

 

 

 

BACKGROUND

 

On the 15 February 2011 DA 2011/103 (the subject DA) was lodged with Council for the construction of three (3) detached villas. On 18 April 2011, Council approved DA 2011/103 subject to conditions.

 

On 3 June 2011, Council received a request from the owner to remove Condition 19 and modify Condition 20 of the approved consent. The Applicant was contacted and informed to apply for a Modification of a Development Consent and to pay the appropriate fee. Council received the application for modification and required fee dated 15 June 2011.

 

THE PROPOSAL

 

It is proposed to modify Conditions 19 and 20 of the Notice of Determination of Development Application.

 

Condition 19 states:

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 Australian Standards and is to be submitted to Council for approval PRIOR to its implementation.

 

The Applicant believes that the imposition of this condition is excessive and unreasonable and requests that Council amend the condition to reasonably reflect the site situation.

 

Consultation with Council’s Development Engineer has indicated that this condition is required for the proposal so as to ensure the safety of pedestrian and traffic movements through or past the work site. This condition is applicable for the construction of the new access only and not for the life of the development.

 

Condition 20 states:

APPLICATION OF BITUMEN SEAL ACCESS

 

Objective

 

To ensure safe ingress and egress is provided to the subject land.

 

Performance

 

The Applicant is required to provide a bitumen seal surface from Preston Street to and including the parking areas.

 

 The Applicant proposes the driveway to be formed of road base with a covering of decomposed granite as opposed to the condition requiring a bitumen seal. The Applicant believes the change in surface seal would still meet the objective of safe ingress and egress to the subject site as well as allowing ground water absorption over the driveway area. The Applicant proposes to provide a hard stand area for vehicle car parking.

 

Council’s Development Engineer is satisfied in supporting the modification of Condition 20 for the driveway to be constructed of road base and decomposed granite with the car park area to be hardstand. Condition 20 will be amended to reflect the provision of a bitumen or concrete seal surface for the car parking areas only. An amended condition reflecting these changes will be drafted in the terms of approval.

 

MATTERS FOR CONSIDERATION

 

In accordance with Section 96(1A) of the Environmental Planning and Assessment Act 1979 the proposed modification is of minimal environmental impact and is substantially the same development for which consent was granted.

 

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

 

Cabonne Local Environmental Plan 1991 (Amended)

 

Clause 9:

 

The subject land is zoned 2(v) Village or Urban under the provisions of the Cabonne Local Environmental Plan (LEP) 1991. The construction of three (3) detached villas on land zoned 2(v) is considered to be permissible with consent from Council under the provisions of Clause 9 of the Cabonne LEP 1991. The proposed modification will not have any adverse impacts, and does not affect the previous site assessment.

 

Objectives of the 2(v) Village or Urban Zone

 

The objective of the zone is “promote development in existing town and villages in a manner which is compatible with their urban function”.

 

The proposal is for the construction of detached residential villas for the purpose of low cost affordable housing in an established residential area.

 

The proposed modification is not considered to be inconsistent with the provisions of the LEP or the objectives of the 2(v) zone.

 

Clause 26- Residential Development in Zone No 2(v):

 

The proposed modification does not effect the previous site assessment.

 

STATE ENVIRONMENTAL PLANNING POLICIES

 

There are no State Environmental Planning Policies that relate to the subject land or the proposed development.

 

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)

 

There are no development control plans that relate to the subject site or the proposed development.

 

Council’s Medium Density Housing – Development Standards Policy applies to the proposed development. The proposed modification is consistent with the previous site assessment.

 

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 land is located within an existing and established residential area. The proposal is considered to be compatible with the surrounding land uses (residential) within the locality. The proposed modification will have no adverse impacts on the surrounding area, its character or amenity. The proposal does not affect the previous site assessment.

 

 Access, Transport and Traffic:

 

Access to the site is currently gained via an existing driveway located off Preston Street.  The proposed modification seeks to modify Conditions 19 and 20 of the consent which relates to access and traffic issues. Consultation with Council’s Development Engineer has indicated that Condition 19 condition is required for safety issues and will not be removed or modified from the consent. Council’s Development Engineer is satisfied in supporting the modification of Condition 20 for the driveway to be constructed of road base and decomposed granite with the car park area to be hardstand. Condition 20 of the consent will be revised to reflect this amendment.

 

Public Domain:

 

The proposal is not considered to have a detrimental impact on the public domain.

 

Utilities:

 

No changes to the provision of essential services is required by this modification.

 

 

Natural Hazards

 

The proposal is not considered to result in any natural hazards.

 

Technological Hazards

 

The proposal is not considered to result in any technological hazards.

 

Site Design and Internal Design

 

The proposed modification does not change the site or internal design of the proposal. The proposal does not effect the sites’ previous assessment.

 

Amenity and Privacy

 

The proposed modification will not impact on the previous assessment, and is considered adequate.

 

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

 

The subject site is located within an existing residential area and complies with the LEP and Council’s Medium Density Housing – Developments Standards Policy. The proposed modification will not affect the sites’ previous assessment and as such is considered suitable for the proposed development.

 

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

 

The proposed modification is not required to be readvertised.

 

PUBLIC INTEREST s79C(1)(e)

 

The proposed modification is considered to be of minor interest to the wider public.

 

CONCLUSION

 

The proposed development relates to the construction of three (3) villa houses on Lot 5, Section 16, DP 758221, Preston Street, Canowindra. The proposed modification seeks to remove Condition 19 and amend Condition 20 of the Notice of Determination. A Section 79C assessment indicates that the development requires Condition 19 to remain for the construction of the access and Condition 20 of the consent to be altered to reflect the amendment. An amended draft Notice of Approval is attached.

 

 

Recommendation

 

THAT Development Application 2011/103 for the construction of three (3) villa houses on Lot 5, Section 16, DP 758221, Preston Street, Canowindra include Condition 19 and amend Condition 20 to delete the requirement for a sealed driveway as per the attached conditions.

 

 

 

ITEM 24 - AQUISITION OF A PORTION OF LOT 4 DP 846004 BEING FOR ROAD REALIGNMENT ALONG EDINBORO LANE, CARGO

REPORT IN BRIEF

 

Reason For Report

For Council to determine this acquisition

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 - 247634

Previous Items

24 - Acquisition of a Portion of Lot 4 DP846004 being for road realignment along Edinboro Lane near Cargo - Council - 15 November 2010

 

Acting Design Manager's REPORT

 

As part of the construction of a culvert over Canomodine Creek along Edinboro Lane to increase the safety of road users along Edinboro Lane.

Council at its November 2010 meeting resolved to,

 

·    Pay a purchase price of $1500.00 +GST. This was based on the base value for the land in question;

·    Pay all associated costs including surveying costs and legal fees;

·    Pay for all new fencing required for the realignment.

 

Council staff initially considered the acquisition of approximately 0.2 hectares of land for the purpose of road realignment in Lot 4 DP846004 but after actual survey has become aware that 0.3042 Ha is necessary.

 

The owner of Lot 4 DP846004 has asked Council to pay $2,281.50 to him for the 0.3042 Ha on a pro rata basis of the initial $1500.00 for 0.2 Ha.

 

Recommendation

 

THAT Council:

 

1.  Accept the purchase price of $2,281.50 +GST for the portion of Lot 4 DP846004 required for road realignment purposes;

2.  Authorise the affixing of the common seal to the transfer document for purchase of the portion of Lot 4 DP 846004 required for road realignment purposes;

3.  Pay all associated costs including fencing, surveying costs and legal costs.

4.  Classify the land as operational.

 

 

 

ITEM 25 - 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 - 250559

 

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 6 Ordinary Meeting 15 August 2011

Item 6 - Annexure 1

 

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Item 16 Ordinary Meeting 15 August 2011

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Item 21 Ordinary Meeting 15 August 2011

Item 21 - 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 21 Ordinary Meeting 15 August 2011

Item 21 - Annexure 2

 

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Item 21 Ordinary Meeting 15 August 2011

Item 21 - Annexure 3

 

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Item 21 Ordinary Meeting 15 August 2011

Item 21 - 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 21 Ordinary Meeting 15 August 2011

Item 21 - Annexure 5

 

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Item 22 Ordinary Meeting 15 August 2011

Item 22 - Annexure 1

 

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Item 22 Ordinary Meeting 15 August 2011

Item 22 - Annexure 2

 

 

FORM 4

 

NOTICE OF DETERMINATION OF DEVELOPMENT APPLICATION

 

Environmental Planning and Assessment Act 1979 Section 81(1)(a)

 

 

DEVELOPMENT APPLICATION

 

 

Application Number:                 2011/77   

 

Applicant:                                      M Stivens

                                               C/-Ultra Developments     

 

Applicant Address:           PO Box 1972, Orange NSW 2800     

 

Owner:                                  Planline Pty Ltd

 

Land to be Developed:              Lot 100 DP 1031436, 1034 The Escort Way,

                                               Borenore 

 

Proposed Development:           Tourist Facility (Two (2) tourist cabins), barn and

                                               Ancillary Dwelling     

 

Assessment Number:                429-81000-5               BCA Class: 1(a) and 10(a)

 

DETERMINATION

 

Made On:                             18 April 2011    

 

Determination:                   Application Refused                             

                  

 

 

 

 

REASONS FOR REFUSAL

 

 

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

 

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

 

 

 

 

 

 

Right of Appeal:  If you are dissatisfied with this decision, Section 97 of the Environmental Planning and Assessment Act 1979 gives you the right to appeal to the Land and Environment Court within six (6) months after the date on which you receive this notice.

 

*Section 97 of the Environmental Planning and Assessment Act 1979 does not apply in the determination of a development application for State significant development or local designated development that has been the subject of a Commission of Inquiry.

 

 

Signed

(On behalf of Consent Authority)

 

 

 

 

Original Signed                                                         20/04/2011

…………………………………………                               ………………………….

H J Nicholls                                                                                (Date)

DIRECTOR ENVIRONMENTAL SERVICES


Item 22 Ordinary Meeting 15 August 2011

Item 22 - Annexure 3

 

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Item 22 Ordinary Meeting 15 August 2011

Item 22 - Annexure 4

 

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Item 22 Ordinary Meeting 15 August 2011

Item 22 - Annexure 5

 

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Item 22 Ordinary Meeting 15 August 2011

Item 22 - Annexure 6

 

Applicant’s Submission – legal opinion relating to initial planning assessment of development proposal

 

Submission Issue

Council comment

Peter McEwen

The consent permitting the subdivision to create the subject lot did not require planting of a vineyard

Condition 1 of the subdivision approval stated that the development consent included the written notice, the endorsed plans and support documentation. The latter two documents relate to the proposal to establish a vineyard on the subject lot.

The subdivision required  s94 contribution, provision of power and post subdivision land rating was a general rate. These conditions of consent infer a dwelling entitlement. The subdivision approval can be taken to imply a dwelling approval.

S94 contributions generally apply on a per lot basis. An allotment proposed for intensive agricultural use is likely to require power to facilitate use of welders, power tools and pumps etc. Rating is a separate function to zoning matters. Subdivision approval is for division of land only. Separate provisions are contained within the CLEP 1991 relating to development.

Council has the ability to consider a dwelling in circumstances other than ancillary to the approved use.

Clause 18 provides for a dwelling upon rural land where the subject land forms the whole of an existing holding, an allotment with a minimum area of 100ha, an allotment created for a purpose other than agriculture, or an allotment created as a concessional lot.

The subject lot does not satisfy the above requirements. Council may consider a dwelling as ancillary to the use of the land for another purpose and the Council is satisfied that the use for the primary purpose requires a dwelling and that the location of the house will not have an adverse impact on primary use of the land.

The subject land has an area of 26ha. The site contains a small area of vineyard. The applicant has stated that the holding is and will continue to be used for grazing of cattle. A two bedroom cabin is proposed as a tourist facility. An out building and a dwelling are also proposed. The dwelling was proposed to include a bed and breakfast establishment. An area of 26ha is not required to operate the cabin. A Bed & Breakfast establishment does not require development consent – it relates to the additional use of a legally established dwelling. The applicant later amended the DA to establish the B & B component of the application as a second cabin. The planning report sought to identify the predominant land use for the site, and it was suggested that the scale of the tourist establishment proposed did not satisfy the planning provisions contained within the LEP and the DCP.

Suggests that the subdivision approval permits a dwelling without the need to establish irrigated agriculture.

The approval to subdivide the land to create an allotment for irrigated agriculture related to clause 13 of CLEP1991 and is limited to division of land for the purpose of irrigated agriculture. The subdivision does not grant consent for any other development.

Suggests summary of zone objectives should include objectives relating to rural residential development, range of living styles and rural industries.

Noted.

That there no sustainable market for the type of activity is itself not a proper planning consideration.

Noted – however Council needs to be satisfied that there would be reasonable likelihood of the development as proposed being carried out.

Use is permissible with consent therefore can’t be inconsistent with adjoining properties. Argues that a dwelling is permissible upon the land.

The subject land was created for the purpose of irrigated agriculture. It was not created as concessional / dwelling lot. Planning provisions require consideration of the impact of a development upon adjoining land.

Should the control and management of the proposed tourist facility require on-site management then a dwelling can be considered as an ancillary use.

CLEP 1991 permits a dwelling ancillary to the use of rural land for another purpose – ‘another use’ relates to a landuse other than agriculture for which development consent has been granted in accordance with the LEP.

LEP does not prohibit the use of rural land for purposes other than intensive agriculture.

Council must be satisfied that the development satisfies the planning provisions. Development assessment process is merit based. 

Expresses the view that the proposed development satisfies the LEP.

The planning report identified that a dwelling is not permissible upon the rural allotment, and raised concerns regarding the scale of the proposed tourist facility development and the need for a manager’s residence ancillary to the cabin(s).

 

 


Item 23 Ordinary Meeting 15 August 2011

Item 23 - Annexure 1

 

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 A101-A108 and 1un numbered Landscape Plan) 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 2010 – AUSTRALIAN STANDARDS

Objective

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

Performance

The approved Villas x 3 must meet the relevant Australian Standards and the performance requirements of the Building Code of Australia 2010. Compliance with the Performance Requirements can only be achieved by:-

a)      complying with the Deemed to Satisfy Provisions; or

b)      formulating an Alternative Solution which:-

          i)       complies with the Performance Requirements; or

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

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

 

3.    APPOINTMENT OF PRINCIPAL CERTIFYING AUTHORITY

Objective

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

Performance

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

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

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

4.    APPLICATION FOR CERTIFICATION

Objective

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

Performance

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

CONSTRUCTION CERTIFICATE to satisfy the requirements of all relevant conditions.

OCCUPATION CERTIFICATE to satisfy the requirements of all relevant conditions.

5.      COMPLIANCE WITH CONDITIONS OF CONSENT

Objective

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

 

Performance

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

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: 332250 M) and approved plans are to be completed PRIOR to a Final Occupation Certificate being issued.

7.      COMPLETION OF LANDSCAPING

Objective

To ensure landscaping is completed in the manner assessed by Council and maintained.

 Performance

Landscaping is to be completed to the standard outlined in the approved landscaping plan and is to be maintained at all times.

8.      LANDSCAPING BOND

Objective

To ensure completion of the landscaping requirement.

Performance

A bond or bank guarantee is to be lodged with Council to the value of $5,000 prior to the issue of the Subdivision Certificate, to ensure completion of the landscaping requirement.

Such bond/guarantee is refundable upon completion of the works, or after a period of 2 years from the date of issue of the consent.

9.      VISUAL AMENITY

Objective

To reduce the impact of the new villas on the existing streetscape.

 

Performance

The proposed colour scheme for each villa is to be submitted and approved by Council prior to the release of the Construction Certificate.

10.    VISUAL AMENITY

Objective

To reduce the impact of the new villas on the existing streetscape.

Performance

The proposed construction materials and external finishes for each villa is to be submitted and approved by Council prior to the release of the Construction Certificate.

11.    VISUAL AMENITY

Objective

To reduce the impact of the new villas on neighbouring properties and to provide privacy for occupants and neighbours.

Performance

Boundary fencing at a height of 1.8 meters is to be constructed of colorbond with proposed colour of material to be submitted and approved by Council prior to the release of the Construction Certificate.

12.    DRAINAGE

Objective

To ensure satisfactory disposal of roof stormwater run-off.

Performance

All roofwater and hardstand stormwater run-off shall be collected through guttering and downpiping, connected to a 100mm or 90mm PVC pipeline and shall be conveyed to an approved absorption/rubble having a cross-sectional area of 600 mm x 600 mm and being one (1) metre long for every 25m2 of roof/hardstand area drained thereto.  Trenches are to be located three (3) metres clear of any Building or Lot boundary.

 

13.    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.

14.    OFF STREET PARKING

Objective

To ensure adequate car parking is available on site.

Performance

A minimum of 3 resident and 1 visitor car parking spaces are to be provided on site each having minimum dimensions of 3m x 5.5m.

Each space is to be marked, sealed with a hard standing material in contrast to the driveways, and maintained.  Visitor car parking spaces are to be well indicated as such by signage.

15.    DEMOLITION

Objective

To ensure demolition is undertaken in a manner that limits impact on thee environment.

Performance

Prior to demolition matters commencing, the applicant is to complete the following works.

a)         The levelling of the site, so that no hollows, depressions or the like are left to accumulate water.

b)         Removal of all refuse, materials etc from the site

c)         The erection of a suitable fence to prevent access to the site

d)         Demolition works being carried out in accordance with Australian Standard AS 2601 – 1991 Demolition of Structure.

 

16.     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.

17.    CONNECTION TO TOWN WATER SUPPLY

Objective

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

Performance

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

18.    CONNECTION TO THE SEWERAGE SYSTEM

Objective

To ensure that the development is connected to Sewerage Supply Authorities  system.

Performance

The applicant is required to connect the development to the sewerage system before occupation by applying directly to Sewer Supply Authority (Cabonne Council) A COMPLIANCE CERTIFICATE FOR THE WORKS IS TO BE ISSUED BY THE SUPPLY AUTHORITY and a copy be provided to Council.  All relevant work is to be completed BEFORE THE ISSUE OF THE OCCUPANCY CERTIFICATE.

19.    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.

20.    APPLICATION OF BITUMEN OR CONCRETE SEAL PARKING

Objective

To ensure safe ingress and egress is provided to the subject land.

Performance

The applicant is required to provide a bitumen or concrete seal surface to the car parking areas.

 21.   SEWERAGE HEADWORKS LEVY

Objective

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

Performance

The applicant is required to pay a Sewerage Headworks levy for the proposed development in accordance with Council’s Fees and Charges.  The levy for the year 2010/2011 is $5523. These charges may increase from July 2011.

The Sewerage Headworks levy is to be paid before any Occupation Certificate is issued for this development.

22.    PROVISION OF TEMPORARY FACILITIES

Objective

To provide temporary toilet facilities.

 

Performance

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

23.    NOISE

Objective

To limit the impact of noise on adjoining properties.

Performance

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

7.00am and 7.00pm Monday to Friday

7.00am and 5.00pm Saturdays

8.am and 5.00pm Sundays and Public Holidays

* This includes site works and delivery of materials.

24.    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.

25.    USE OF FOOTPATHS

Objective

To permit access over public places.

 

Performance

a)      The storage of materials or the placement of sheds is not permitted on footpaths, roadways or in reserves.  Rubbish and building materials must be contained on the site.

26.    WALL/ROOF CLADDING

Objective

To reduce the visual reflective impact on adjoining properties.

Performance

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

27.    SMOKE DETECTORS

Objective

To comply with the Building Code of Australia.

Performance

Smoke detectors and alarms are to be provided in the following positions:

1)   Villa 1 & 3:- between Bedroom 2 and the kitchen facility, and

2)   Villa 2:- between Bedroom 3 and the kitchen facility

So as to comply with AS3786 – 1993.  Such alarms must be connected to the mains power and are to be provided with a standby power source.

 

 

 


GENERAL MANAGER’S REPORT ON MATTERS FOR NOTATION SUBMITTED TO THE Ordinary Council Meeting TO BE HELD ON Monday 15 August, 2011

Page 1

TABLE OF CONTENTS

 

 

 

ITEM 1      DLG "DESTINATION 2036" WORKSHOP
...................................................................................................................
1

ITEM 2      QUARTERLY REPORT ON COMPLAINTS RECEIVED UNDER COUNCIL'S CODE OF CONDUCT........................................................................................ 2

ITEM 3      WBC ACTIVITIES UPDATE REPORT............................................... 3

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

ITEM 5      Streamlining Council Business Papers.......................... 4

ITEM 6      CENTRAL TABLELANDS WATER - DELEGATES REPORT...... 4

ITEM 7      RESOLUTIONS REGISTER - INFOCOUNCIL - Outstanding Actions       5

ITEM 8      INTEGRATED PLANNING AND REPORTING................................ 6

ITEM 9      CENTROC WATER UTILITIES ALLIANCE PROGRESS REPORT    7

ITEM 10    BURGOON LANE................................................................................ 14

ITEM 11    CARAVAN PARK COMMITTEE MINUTES.................................... 15

ITEM 12    MOLONG SKATE PARK - STAGE 1............................................... 15

ITEM 13    ESTABLISHMENT OF LOCAL PLANNING PANEL TO ADDRESS CHANGES TO LEP......................................................................................................... 16

ITEM 14    MEDIAN PROCESSING TIMES........................................................ 17

ITEM 15    DEVELOPMENT APPLICATIONS RECEIVED DURING THE PRECEDING MONTH................................................................................................................. 18

ITEM 16    DEVELOPMENT APPLICATIONS APPROVED DURING THE PRECEDING MONTH.................................................................................................. 19

ITEM 17    BURIAL STATISTICS......................................................................... 20  

 

ANNEXURE ITEMS

 

ANNEXURE 1.1    Destination 2036 – Draft Workshop Program 21

ANNEXURE 3.1    WBC Report to Council August 2011................. 25

ANNEXURE 4.1    Rates Graph July 2011................................................ 29

ANNEXURE 4.2    BPAug2011........................................................................... 30

ANNEXURE 6.1    June 2011 Delegates Report................................... 31

ANNEXURE 7.1    Council Resolutions.................................................. 35

ANNEXURE 7.2    Community Service Resolution............................ 88

ANNEXURE 7.3    Economic Development Resolution.................. 92

ANNEXURE 7.4    Environmental Service Resolutions............... 95

ANNEXURE 7.5    Land Development Resolution............................. 97

ANNEXURE 7.6    Local Governement Resolution......................... 98

ANNEXURE 7.7    Ward Review Resolution.......................................... 99

ANNEXURE 7.8    Works Resolution...................................................... 100

ANNEXURE 11.1  Minutes - Caravan Park Committee................. 105

ANNEXURE 15.1  Development Applications Received - July 2011  109

ANNEXURE 16.1  Development Applications Approved - July 2011          114 

 


 

 

ITEM 1 - DLG "DESTINATION 2036" WORKSHOP


REPORT IN BRIEF

 

Reason For Report

Providing more information on the upcoming DLG "Destination 2036" workshop being attended by the Mayor and General Manager.

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Government Relations

Annexures

1.  Destination 2036 – Draft Workshop Program    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 249682

 

General Manager's REPORT

 

Council will recall a report to the June meeting which outlined the objectives of the upcoming “Destination 2036” workshop being run by the DLG in Dubbo on 17-18 August 2011.  The Mayor and General Manager have been authorised by Council to attend this workshop.

 

Since then, the DLG have issued a discussion paper “Our Communities, Our Councils, Our Future” which presents a snapshot of NSW communities and their councils and poses a series of questions as a starting point for discussion before, during and after the “Destination 2036” workshop.  Workshop participants have also been encouraged to take part in an online survey to enable the DLG to understand the views of participants on some of the issues covered in the Discussion Paper.

 

The Minister for Local Government, the Hon Don Page MP, will be opening and closing the workshop and will be in attendance throughout the two days.

 

Over the two days, participants will be challenged to work together to:

 

·    Create a bold vision for local government.

·    Identify the roadmap that will put local government on a path to this vision.

·    Develop a shared view on the right models for local government.

·    Develop a short term Action Plan – something achievable that focuses on priorities for the next 4 years.

 

A draft program of the workshop is attached for Councillors information.

 

Whilst attendance has been restricted to Mayors and General Managers, the DLG have advised that others can provide input by sending an email to destination2036@dlg.nsw.gov.au

 

Additional information on the purpose of “Destination 2036”, as well as a range of background and reference material including links to relevant research reports and forecasts can also be found at the dedicated “Destination 2036” webpage on the DLG website www.dlg.nsw.gov.au.

 

 

 

ITEM 2 - QUARTERLY REPORT ON COMPLAINTS RECEIVED UNDER COUNCIL'S CODE OF CONDUCT

REPORT IN BRIEF

 

Reason For Report

In accordance with Clause 12.33 of Council's adopted Code of Conduct, the General Manager is required to report to Council each quarter on Code of Conduct complaints.

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Governance

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 250406

 

General Manager's REPORT

 

Clause 12.33 of Council’s adopted Code of Conduct (adopted 17 May 2010) requires the General Manager to report quarterly to Council on Code of Conduct complaints. This report should include, as a minimum, a summary of the:

a)   number of complaints received,

b)   nature of the issues raised by complainants, and

c)   outcomes of complaints.

 

Due to the last quarter not being reported, this report covers the period from 1 January 2011 to 30 June 2011.

 

In regard to complaints received during the subject period, I advise that the following complaints were received:

 

Nature of Complaint

Outcome

NIL

 

 

 

 

 

 

ITEM 3 - WBC ACTIVITIES UPDATE REPORT

REPORT IN BRIEF

 

Reason For Report

To provide Council with an update on WBC activities for the preceding month.

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

WBC Strategic Alliance

Annexures

1.  WBC Report to Council August 2011    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 250518

 

General Manager's REPORT

 

An update report on activities undertaken by the WBC Project Officer has been provided as an annexure for Councillors’ information.

 

Following is a list of current activities included in the report. For a comprehensive progress report on activities please refer to the annexure.

 

·    IT Corporate Systems Project

·    Integrated Planning & Reporting

·    Upcoming events

 

 

ITEM 4 - 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 July 2011

2.  BPAug2011    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 218007

 

Director of Finance and Corporate Services' REPORT

 

Statements of Investments.

 

The Statement of Investments to 31 July 2011 is attached.

 

Rate Collection Summary.

 

The summary of rate collections to 31 July 2011 is attached.

 

 

ITEM 5 - Streamlining Council Business Papers

REPORT IN BRIEF

 

Reason For Report

Advising of changes to proposed method of streamlining business paper

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Governance

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 250489

 

Director of Finance and Corporate Services' REPORT

 

Council at its July meeting considered a report by the General Manager in relation to streamlining Council Business Papers and Meeting Procedures.

 

During the implementation process for the amended business paper a number of technical issues arose which required amendment to the initial proposal. The suggestion to have the recommendation appear prior to the actual report will require program changes to be made to the InfoCouncil package. These changes have been requested and will be implemented once the program has been altered.

 

In relation to emailing of the notation section, it is not possible to have this completed by the Monday prior to the Council meeting however it is possible for the notation section to be emailed on the Tuesday prior to the meeting which will give Councillors six days in which to contact relevant staff members should further information be required.

 

 

ITEM 6 - CENTRAL TABLELANDS WATER - DELEGATES REPORT

REPORT IN BRIEF

 

Reason For Report

To keep Councillors up to date with the activities of Central Tablelands Water

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Water Supply

Annexures

1.  June 2011 Delegates Report    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 246363

 

Administration Manager's REPORT

 

As requested by Council a report has been received from the delegates to Central Tablelands Water for the meeting of 8 June 2011 of that organisation.

 

A report of the meeting is attached and any questions should be directed to the delegates.

 

 

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 Resolutions

2.  Community Service Resolution

3.  Economic Development Resolution

4.  Environmental Service Resolutions

5.  Land Development Resolution

6.  Local Governement Resolution

7.  Ward Review Resolution

8.  Works Resolution    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 250448

 

Administration Manager's REPORT

InfoCouncil generated reports are provided including May 2009 to July 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 - INTEGRATED PLANNING AND REPORTING

REPORT IN BRIEF

 

Reason For Report

To update Council on the progress of Integrated Planning and Reporting

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Economic Development

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 250349

 

Economic Development Manager's REPORT

 

A successful Cabonne 2025 community workshop was held at Cargo Community Centre with 77 cabonne residents, community services and businesses attending. The day saw an excellent opportunity for all villages to come together to discuss the future of Cabonne.

 

Since the workshop all participants and those who gave their inability to attend have been sent a thank you letter and a copy of the output of the Community Workshop.

 

The next stage involves a shaping workshop in which the output from the community workshop and the research conducted by previous Economic Development Officer are reviewed and condensed into a draft Cabonne 2025 Community Plan.

 

The shaping workshop is a full day workshop and will be held on Tuesday 16th August, 2011 from 9.30am in the Mitchell Room at Molong. Invitations of up to 20 people have been sent to nominated community representatives, community services, business operators, councillors and staff.

 

It is anticipated that the draft Cabonne 2025 community plan will be presented to council in November for endorsement and go on public exhibition for 28 days.

 

On Thursday the 18th August the WBC alliance will meet to review current status and/or commence work on the delivery and implementation plan that consists of asset management, human resources and financial planning.

 

A further report will be provided at the September Council meeting.

 

 

 

 

ITEM 9 - CENTROC WATER UTILITIES ALLIANCE PROGRESS REPORT

REPORT IN BRIEF

 

Reason For Report

Updating Council on the progress achieved to date by the Centroc Water Utilities Alliance

Policy Implications

Nil

Budget Implications

Activities for 2011/2012 all funded

Area of Responsibility

Water Supply and Sewerage

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 247606

 

Director of Engineering and Technical Services' REPORT

Precis

Council is a member of the Centroc Water Utilities Alliance. This project is saving significant monies regionally and proving the case that Local Government is the ideal delivery agent for best practice in the management of quality and secure water.

This report is an update on the progress of this project and is provided for noting.

BACKGROUND

About Centroc

Council is a member of Centroc. The 34 delegate Centroc Board is made up of Mayors, elected representatives and General Managers of its 16 member Councils and one water authority in Central NSW.

Centroc has two objectives; to advocate on behalf of the region and deliver cost savings and other efficiencies for members by working collaboratively. Council may recall annual presentations by Centroc on the success of various programs. Of note is the savings of over $1.2m reported since the inception of the Centroc Compliance and Cost Savings program in December 2009.

Also of note is the work being undertaken by the Centroc Water Utilities’ Alliance in which Council actively participates. The Productivity Commission has recognised this Alliance as being a good model for regional water utilities. Under this model efficiencies can be gained while water utilities are owned and managed by Councils.

 

Centroc runs a number of programs in both the advocacy and operational sector. Copies of the Centroc Annual Report are available on request and on the Centroc website at http://centroc.com.au/

About the Centroc Water Utilities Alliance (CWUA)

The objectives of the CWUA are:

1)          Quality and secure water resource for Centroc communities

2)          Efficiency and effectiveness through co-operation on best practice and compliance

3)          Knowledge sharing, peer review of performance and mentoring where appropriate, &

4)          Achieving cost savings

The CWUA has been set up by the Centroc Board in response to the State and Federal Government’s calls for reform in the delivery of secure and quality water supply.

It is a voluntary and co-operative alliance of Councils where staff attending from the region are as follows. Programming is supported by a consultant and Centroc staff.  NSW Office of Water (NOW) personnel attend meetings.

Name

Organisation

Name

Organisation

Mr Russell Deans

Bathurst

Mr Eric Poga

Wellington Council

Mr Grant Baker

Blayney

Mr Phillip Glover

Young Shire Council

Mr Sam Golam

Boorowa

Mr Paul Lee

NSW Office of Water

Mr Rob Buttenshaw

Cabonne Council

Mr Matt Parmeter

NSW Office of Water

Mr Tony Perry

Central Tablelands Water

Mr Bill Ho

NSW Office of Water

Mr Darryl Sligar

Central Tablelands Water

Mr Daniel Buckens

Lithgow

Mr Carl Berry

Cowra

Mr Chris Lane

Lithgow

Mr Michael Read

Cowra

Mr Leigh Robins

Oberon

Mr David Tinlin

Forbes

Mr Wayne Beatty

Orange

Mr Mark Crisp

Harden

Mr Kent Boyd

Parkes

Mr Michael Bickford

Harden

Mr Andrew Francis

Parkes

Mr Luke Maloney

Upper Lachlan

Mr David Swan

Project Officer

Mr Phil Newham

Upper Lachlan

Mr Daryl McGregor

DLM Environmental

Mr Kevin Smith

Lachlan

Ms Jennifer Bennett

Centroc

Mr Ben Falconer

Lachlan

Ms Lee Chapman

Centroc

Mr Bill Twohill

Weddin

State and federal policy framework on water supply, waste water and sewerage management

As a result of a federally led reform process called the National Water Initiative, the management of water has moved away from local government across Australia. NSW and Queensland are the only states in Australia where local government retains control over its water utilities. Under the Council of Australian Governments (COAG) agreements, the NSW State Government has made commitments to ensure compliance under the National Water Initiative. Council may recall reports by the National Water Commission, Infrastructure Australia and the Productivity Commission reviewing the structural arrangements for water supply.

Each of these reports challenges local government’s management of water utilities in regional NSW. Where the earlier reports were supporting the notion of State owned corporations,  the most recent report, by the Productivity Commission, supports the approach taken by Centroc members. Please go to the Centroc website for submissions regarding Council management of water utilities.

Council may also recall the Report of the Independent Inquiry into Secure and Sustainable Urban Water Supply and Sewerage Services for non-metropolitan NSW also known as the Gellatly Report. For more advice regarding this report please go to

http://www.water.nsw.gov.au/Urban-water/Local-water-utilities/Local-Water-Utilities-Inquiry/Local-Water-Utility-Inquiry/default.aspx#report

This report provides background to the State on how it can deliver on its COAG commitments under the National Water Initiative. It includes maps providing boundaries for “binding alliances” where Councils work together to deliver water management services.

It is clear from the above that co-operation between Councils on water utility service delivery will assist in supporting the local government case for retaining control over water assets.

The degree to which collaboration between Councils needs to be formalised, for example through some type of Deed of Agreement, is still unclear. The Centroc structure however is a Section 355 Committee of Forbes Shire Council and may well already have sufficient governance arrangements to meet State requirements.

Statutory Requirements

To support its commitments under the COAG, NSW has developed a suite of mandatory best practice strategic work, including Integrated Water Cycle Management Plans that must be completed by Councils. Besides it being a state requirement, access to state funding for some capital works programs is not forthcoming unless these plans are in place.

Regional programming in best practice as delivered by the Lower Macquarie Water Utilities Alliance (LMWUA) has been accepted by NSW Office of Water as meeting the State’s best practice planning requirements.

Centroc policy and practice on co-operation around water

In response to the National Water Initiative and the Report of the Independent Inquiry into Secure and Sustainable Urban Water Supply and Sewerage Services for non-metropolitan NSW Centroc resolved interalia the following policy in its Board meeting of December 2009.

1)   continued co-operation in the region to support the delivery of best practice management

 

2)   this co-operation is directed by the guiding principle that members retain control over water utilities

 

3)   update advice to the Board be provided to include resourcing with reference to funding opportunities for sourcing funds at the State and Federal levels for programming developed by the region

Subsequently, programming has been progressed where each Centroc member, including Council, has contributed $3000. This has included

1)   the engagement of specialist support from DLM consulting – the team delivering programming to the LMWUA

2)   development of a management plan

3)   an audit of best practice strategic works needs and other water utilities management support needs from members

4)   the successful acquisition of over $150,000 of State and Federal Funding to support this program

5)   progression of best practice plans

6)   progression of a procurement, resource sharing, training and mentoring plan

7)   formation of an “Supervisor and Operators” subcommittee

More detailed advice on these activities is below.

All Board reports include updates on this program under “Infrastructure Report” and are available from the Centroc website or by request.

Update on the activities of the CWUA

CWUA meet every two months and have developed a forward program for the next two years. This plan is available upon request.

At each meeting speakers attend to provide advice and information is shared. Significant effort is being given to Stage 1 of the regional Best Practice Program delivering compliance to Centroc members at greatly reduced costs.  A federally funded plan which aims to deliver futher cost savings and efficiencies around training, mentoring and procurement is also under development. A final area of current effort is around collectively delivering performance reporting to the NSW Office of Water (NOW).

Program delivery includes the full suite of all seven best practice plans required for compliance purposes with NOW.  These are being delivered in two stages.

1)   Stage 1 Best Practice

o Drought Management

o Demand Management

o IWCM

2)   Stage 2 Best Practice

o Strategic Business Plan

o Developer Servicing Plan

o Best Practice Pricing

o Drinking Water Quality Plan

Specific advice on the progress of this initiative is outlined below.

Work has also begun on the Centroc Regional Resource Sharing Mentoring Training and Procurement Plan. The deliverables for this Plan are

1)   Regional procurement engagement and priority schedule;

 

2)   Who does what with water in Central NSW? A register for informal mentoring advice including contact details and availability for members;

 

3)   Centroc Water Utilities Alliance Skills Audit, Workforce and Training Planner;

 

4)   The Centroc Water Utilities Alliance Mentoring Program using the TAGI Model and;

 

5)   Growing our own – Centroc Water Utilities Alliance Apprenticeship Facilitation Guide.

This plan is being funded through the Federal Government’s Strengthening Basin Communities Program and will provide advice on further activities by the CWUA to deliver cost savings and other efficiencies as well as training.

The CWUA also has a supervisors and operators subcommittee of staff from across the region who share advice regarding on-ground service delivery. This group also meets every two months at different Councils where they inspect Council sites.

All minutes of CWUA meetings and the management plan is available upon request.

Best Practice Project – Stage 1

Following the CWUA decision to prioritise the Drought Management, Demand Management and the Integrated Water Cycle Management (IWCM) Evaluation sections of the suite of Best Practice compliance documentation, tenders were called through Tenderlink which closed on the 12 April 2011. Four, six, and four tenders were received respectively. 

The evaluation team met in Orange on 19 April to assess the tenders, who recommended to GMAC that the following tenders be accepted:

Best Practice Compliance Plan

Selected Consultant

Price accepted

Drought Management

HydroScience Consulting

$87,036

Demand Management

MWH

$61,750

IWCM Evaluation

MWH

$251,750

All information is available upon request however tender information should be treated as commercial in confidence. The tender prices accepted were within budget.

Both consultancies have had experience in the region. MWH undertook the Centroc Water Security Study and this detailed experience gives them a very good knowledge of the issues that the Alliance requires to be included in the documentation.  Both consultants are well known to the NOW and have undertaken many similar projects elsewhere in this area of strategic infrastructure management.

The next step in this process is the collection of the necessary local data to give to the consultants the information to complete their work.  The General Managers’ Advisory Committee (GMAC) to the Centroc Board have indicated that they are keen for this process to develop in a timely manner and accordingly, the tenderers were requested to resource this project such that the project could be completed to final draft within 3 months.

A list of the required information was requested from the consultants and forwarded to each Council.  The provision of this information was requested by 16 June 2011.  As the consultants had indicated that this information was required in Week One of the contract period it was decided that the consultants would be provided a conditional letter of acceptance; conditional upon the contract period commencing upon provision to them of all the information by each Council.  This decision was made to reduce the likelihood of a claim for contract prolongation if this information could not be provided in a timely manner by each Council.

To assist Councils to get to this position, GMAC suggested that Councils who required extra help should seek any requires assistance, but this assistance is to be funded by each individual Council.

Notwithstanding, Councils with the data available have provided this to the respective consultant.  An inception meeting with the HydroScience took place on 1 June in Dubbo which included a meeting with NOW’s Matt Parmeter and Shyamala Manorathan.  Andrew Francis and David Swan facilitated the inception meeting.  Inception meetings with MWH have been delayed for the reasons detailed above.

It has become apparent that some of the Councils have found the timing of the provision of this data is too tight.  Negotiations with these Councils are underway with a view to progressing the regional approach such that Centroc members who require compliance for capital works projects are not delayed.

Implications for Council

Council should note that the delivery of data to this project is resource intensive. Data requirements are available on request.

Council has committed $12,000 to this project. This will give currency to three Best Practice Plans.  Centroc has negotiated a grant with the Federal Government to subsidise funding of the Drought Management Plan.  $50,000 have been included in the Project funds for this part of the Project, and the contributions table reduced accordingly from the figures quoted prior to these additional funds being made available.

This delivers substantial savings to member Councils. Please see the savings across the region listed below where these figures have been derived from the average cost of delivering these projects subtracting the cost to Councils and then the costs of delivering the project to date.

Councils who save substantially are those who have already completed their strategic work and therefore do not need to do more. Of course the question could be asked – why count those who have completed their works in recent years? This is because to get the region into the one timeframe means every member needs to update. The costs of updating are negligible and provide currency.

The costs for the various programs are as follows:

Drought Management Plan: $3,000 for a review to regionalise and  $8,000 for a full Plan from scratch

Demand Management Plan: $6,000 for a review and incorporation into a Regional Plan,

and $10,000 for a full strategy from scratch.


IWCM:  $3,000 to include in a Regional Plan, $15,000 to review an Evaluation

and $36,000 for a Full Evaluation.

 

Council

Net Savings on Best Practice Compliance Program

Cost of CWUA project to Council

Total Savings to Council

Bathurst

$76,300

$3,000

$73,300

Blayney*

$79,000

$3,000

$76,000

Boorowa

$51,700

$3,000

$48,700

Cabonne*

$71,700

$3,000

$68,700

Cowra

$30,000

$3,000

$27,000

CTW*

$73,000

$3,000

$70,000

Forbes

$76,700

$3,000

$73,700

Lachlan

$34,000

$3,000

$31,000

Lithgow

$76,700

$3,000

$73,700

Oberon

$30,000

$3,000

$27,000

Orange

$70,700

$3,000

$67,700

Parkes

$51,000

$3,000

$48,000

Upper Lachlan

$30,000

$3,000

$27,000

Weddin*

$76,700

$3,000

$73,700

Young

$33,700

$3,000

$30,700

Total Savings Across the Region

 

$816,200

*Note CTW members have been treated as if they were individual water authorities and this is not the case.

Further, it is a requirement of NOW that each of the compliance based plans in best practice be reviewed at stated intervals into the future. As it is the intention of the CWUA to continue to progress these from a regional perspective, each plan across the region once completed will become due for review at the same time.  This then allows for future reviews to be undertaken on a region basis, which again at that time provide good cost savings.

Conclusion

Council is a member of the CWUA. This program is delivering both value for money and compliance through a variety of programs.

Of note is the regional approach to best practice which is proving to be resource hungry in its data collection. Having said that is offers both compliance and good value to Council on an ongoing basis.

 

 

 

ITEM 10 - BURGOON LANE

REPORT IN BRIEF

 

Reason For Report

To update Council on the progress of Burgoon Lane

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Road Closures

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 248905

 

Director of Engineering and Technical Services' REPORT

Council has received correspondence from the Land Property Management Authority regarding Burgoon Lane.

They have advised that a preliminary assessment has been undertaken and that if the road closure application is approved following statutory advertisements that the land will be vested back to Cabonne Council as operational land.  This will allow Council to then transfer the closed road to the owner of Lot 2 DP 842028 as compensation for a simultaneous road opening.

They also made reference to the formed part of Burgoon Lane past Jews Creek and advised that this will need to be transferred to Council Road.

 

ITEM 11 - CARAVAN PARK COMMITTEE MINUTES

REPORT IN BRIEF

 

Reason For Report

To inform Council of the caravan park committee minutes

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Council Properties

Annexures

1.  Minutes - Caravan Park Committee    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 249490

 

Urban Assets Coordinator's REPORT

 

Minutes of the Council caravan park committee meeting of 27th July 2011 attached for notation.

 

 

ITEM 12 - MOLONG SKATE PARK - STAGE 1

REPORT IN BRIEF

 

Reason For Report

Advise Council of the approval process for the construction of the skate park.

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Recreational Facilities

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 250285

 

Director of Engineering and Technical Services' REPORT

Council requested information relating to the approval process for the construction of the Molong Skate Park.

Background

The skate park facility is located on the Molong recreation reserve. The reserve is Crown land managed by Council as trustees. When council wishes to undertake an activity on Crown land it is required to prepare a Plan of Management (POM) under the Local Government Act and Crown Lands Act. The POM includes those activities to be undertaken, including public works on the Crown reserve. The POM, once approved by the Land and Property Management Authority allows council to undertake those activities. The POM does not however replace or remove Council’s planning approval process.

Approvals Review

In reviewing the approval process for the Molong Skate park it was found that, while Council’s Development Approval process was adhered to and dealt with accordingly, the LPMA were not advised or aware of the development at the time as the POM for the reserve had not been lodged. The draft POM had been developed, however due to staff absenteeism, the plan had not been lodged with LPMA.

Approval Status

The POM for the Molong Recreation Ground has been lodged with LPMA with a covering letter explaining the circumstances around the original development. Council has since received verbal advise from LPMA that the POM has been received and that no further action is required.

 

ITEM 13 - ESTABLISHMENT OF LOCAL PLANNING PANEL TO ADDRESS CHANGES TO LEP

REPORT IN BRIEF

 

Reason For Report

Reporting on establishment of Local Planning Panels

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

PLANNING

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 249745

 

Director of Environmental Services' REPORT

 

The Minister for Planning and Infrastructure has decided to establish the Local Planning Panel (the panel) to increase the opportunity for local government involvement in the plan making process and to improve the flexible delivery of the Standard Instrument LEP program. Once established, the panel will seek feedback from councils on the SI LEP program in general and on specific implementation and policy issues.

 

During this phase councils will be invited to comment on matters such as:

o Program performance for delivering metropolitan and growth area SI LEPs;

o Preferred timing for the delivery of councils SI LEPs;

o Impediments to finalising SI LEPs;

o Issues with standard clauses, definitions and policies; and

o Opportunities for increasing flexibility and reflecting local conditions.

 

The panel will make recommendations on how to improve the implementation and operation of the SI LEP program. The Chair of the panel will be appointed by the Minister, following submission of nominations for the position called from the Local Government and Shires Association. The remaining panel members will include equal representatives from both the Department and from local government. The Department has also requested nominations from the LGSA for local government representatives.

 

Further information on the role and function of the panel will be provided to council as the information becomes available.

 

 

ITEM 14 - 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 - 249757

 

Director of Environmental Services' REPORT

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

 

YEAR

MEDIAN ACTUAL DAYS

2007

11

2008

21

2009

15

2010

47

2011

28

 

 

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

28

August

 

September

 

October

 

November

 

December

 

 

 

 

ITEM 15 - 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 - July 2011    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 249758

 

Director of Environmental Services' REPORT

 

The following Development Applications have been received during the period 1/07/2011 to 31/07/2011 as detailed in the Annexure.

 

SUMMARY OF DEVELOPMENT APPLICATIONS RECEIVED

 

TYPE

NUMBER

ESTIMATED VALUE

Storage Shed

1

$ 11,000

Dwelling

7

$ 2,257,000

Transportable/Relocatable

2

$ 369,684

Garage

3

$ 42,906

Additions/Alterations

3

$ 2,272,000

Skate Park

1

$ 115,000

Unknown

2

$ -----

TOTAL

19

$ 5,067,590

 

SUMMARY OF COMPLYING DEVELOPMENT* APPLICATIONS RECEIVED

 

TYPE

NUMBER

ESTIMATED VALUE

Dwelling

1

$ 294,140

Additions/Alterations

1

$ 30,946

Swimming Pool

1

$ 4,500

Unknown

1

$ 19,915

TOTAL

4

$ 349,501

 

GRAND TOTAL

 

23

 

$ 5,417,091

 

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

 

 

ITEM 16 - 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 - July 2011    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 249759

 

Director of Environmental Services' REPORT

 

The following Development Applications have been approved during the period 1/07/2011 to 31/07/2011 as detailed in the Annexure.

 

SUMMARY OF APPROVED DEVELOPMENT APPLICATIONS

 

TYPE

NUMBER

ESTIMATED VALUE

Boundary Adjustment

2

$ 3,000

Dwelling

7

$ 2,894,000

Septic Tank

2

$ -----

Garage

2

$ 22,000

Storage Shed

2

$ 48,920

Change of Use

1

$ -----

Additions/Alterations

4

$ 588,630

Other

1

$ 12,100

Machinery Shed

1

$ 39,000

Subdivision

1

$ -----

TOTAL

23

$ 3,607,650

 

SUMMARY OF APPROVED COMPLYING DEVELOPMENT* APPLICATIONS

 

TYPE

NUMBER

ESTIMATED VALUE

Dwelling

2

$ 694,140

Shed

1

$ 19,915

Swimming Pool

1

$ 4,500

TOTAL

4

$ 718,555

 

 

GRAND TOTAL

27

$ 4,326,205

Previous Month

17

$ 1,433,678

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

 

ITEM 17 - 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 - 249760

 

Director of Environmental Services' REPORT

 

YEAR

NO OF BURIALS

2006/07

59

2007/08

62

2008/09

57

2009/10

65

2010/11

40

 

2011/12

 

July

4

Total

4

 

 

 

  


Item 1 Ordinary Meeting 15 August 2011

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Item 4 Ordinary Meeting 15 August 2011

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Item 6 Ordinary Meeting 15 August 2011

Item 6 - Annexure 1

 

Delegates’ Report - Central Tablelands Water

 

The following is a précis of the items discussed at the June 2011 meeting of Central Tablelands Water and is submitted for Council’s information:

2011/2012 Management Plan

Council resolved to formally adopt the 2011/2012 Draft Management Plan without change. The Management Plan incorporates a capital works program of $517,550, an increase in consumption charges from $1.70 to $1.84 per kilolitre with a continuation of the inclining tariff for all residential and rural consumers by which the consumption charge increases by 50% for all water consumed in excess of 450 kilolitres. The annual availability charge will increase from $124.00 to $160.00.

The Management Plan reflects an estimated deficit of $46,509, which will be transferred from reserves to provide a balanced budget.

Budget Review Statement to March 2011

The Budget Review Statement, to the 31st March 2011, was presented to Council with a revised estimated deficit for the year of $660,044. This revised estimate represents a turnaround of $682,686 on the original budget surplus of $33,392.

The revised estimated budget deficit is directly attributed to significant reductions in water sales due to the above average rainfall in the region during the nine months to March 31.  It is estimated that there will be a reduction in consumption by urban and rural customers of approximately 268,000 kilolitres.  This reduction alone equates to an estimated revenue shortfall of $456,000 for the year.

Local Government Remuneration Tribunal

Council resolved to endorse its policy of paying the maximum fees to the Chairman and Members of Central Tablelands County Council, as determined by the Local Government Remuneration Tribunal for Category County Council – Water. The maximum fees payable for 2011-2012 are $8,320 for Councillors and $13,660 for the Chairman.

Lake Rowlands Augmentation Project

The General Manager reported as follows:

“Councillors will recall that the General Manager reported to the April Meeting on the results of the Centroc delegation to Canberra on 21 March 2011seeking funding for a Lake Rowlands high level feasibility and due diligence study, an engineering options assessment and development and assessment for business and governance models.

The General Manager’s report stated that the delegation was informed that the guidelines for infrastructure funding indicated that projects should be “shovel ready”; however, investigations were being explored as to whether there were other funding avenues available for the Lake Rowlands studies.

Since the April meeting, a Risk Management Planning Session has been held to progress the Lake Rowlands project and it is proposed to recommend to the Centroc Board the formation of a Water Security Taskforce that would include representatives from a number of key government agencies.

The General Manager has written to the new State Minister for Primary Industries, (which includes Water) the Hon. Katrina Hodgkinson MP, seeking her support for any proposed funding submissions made by Centroc for the Lake Rowlands studies. Letters were also written to the Member for Bathurst, Paul Toole MP and the Member for Orange, Andrew Gee MP, seeking their support also.

A subsequent letter was written to Minister Hodgkinson advising her that, in March 2007, Council was notified by the then Minister for Water, The Hon. David Campbell MP, that he had approved financial assistance to CTW of $2,250,000 (50% of $4,500,000) to construct a 16 kilometre pipeline and pumping station from Browns Creek mine pit to Carcoar Water Filtration Plant. The Minister was advised that, due to a number of reasons and complications, this work did not proceed and that Council was seeking her approval to transfer this subsidy allocation towards the proposed pre-construction studies for Lake Rowlands. A copy of this letter was also forwarded to Paul Toole and Andrew Gee.

Whilst in Sydney to attend the 2011 Shires’ Conference, the Chairman, the Chair of Centroc, the Mayor of Orange, the General Manager of Orange and the Executive Officer of Centroc met with Minister Hodgkinson and lobbied for her support of Lake Rowlands and in particular for the reallocation of the approved funding of $2.25 million for the Browns Creek pipeline to the Lake Rowlands project. The Minister undertook to look into the matter and see what avenues were available.”

Developer Servicing Plan Update

Council resolved to approve the appointment of HydroScience Consulting to carry out the review and update of Council’s Development Servicing Plan at a fee of $22,500 (excl. GST).

2011 Shires’ Conference

The General Manager reported that he and the Chairman attended the 2011 Shires’ Conference in Sydney at which the Chairman was presented with an Outstanding Service Award for his 28 continuous years on Council and his 16 continuous years as Chairman. The award was presented by the Premier of NSW, The Hon. Barry O’Farrell MP.

       John award 012 (2)                                           John award 002

    General Manager congratulates Chairman                               Chairman and Premier Barry O’Farrell

In summary, some of the highlights from the Conference were:

   New Shires’ Association President – Ray Donald, Mayor of Bogan Shire.

   New President of ‘E’ Division – Phyllis Miller, Mayor of Forbes Shire.

   Discussion paper issued for a Review of the Model Code of Conduct for Local Councils. General Manager’s have been requested to bring the discussion paper to the attention of Councillors and staff. A copy was included with the business paper.

   The Division of Local Government, with the help of the Local Government and Shires’ Associations,  the Local Government Managers Association (NSW) and the Australian Centre of Excellence for Local Government, is currently making preparations for a two-day workshop titled Local Government – Destination 2036. This workshop will be held in Dubbo on 17 and 18 August 2011.

It is proposed that this workshop will comprise all Mayors and General Managers and will be held to discuss and consider options for the future of local government in NSW.

   The Premier announced that he had instructed that a thorough infrastructure audit should take place across all local government councils to identify all infrastructure backlog works that are needed. These will then be considered within the context of the new body of Infrastructure NSW. The audit will be completed by 2013.

   The State Government has committed to review and redraft the Inter-governmental Agreement, especially the section to address cost-shifting.

   The Minister for Local Government announced that he is committed to a review of the Local Government Act 1993 and in particular to the removal of the body politic provisions of the Act.

The General Manager also reported that he attended the Local Government Manager’s Forum on the day immediately prior to the Shires’ Conference at which he presented a paper and entered into a panel discussion on the current water reform issues proposed by Infrastructure Australia, the National Water Commission and the Australian Productivity Commission.

Review of Local Government Water Utilities

The General Manager presented the following report:

“Councillors will recall that the General Manager presented a comprehensive report to the February meeting of Council detailing the findings of the Infrastructure Australia Review of Regional Water Quality & Security. The key recommendation causing the most reaction within local government was the recommendation to transfer all urban water utility functions in NSW and Queensland to State Government owned Regional Water Corporations set up with responsible boundaries matching catchments to the extent practicable.

Following consideration of that report, Council resolved as follows:

‘That Council forward a submission to Infrastructure Australia opposing the State Owned Corporate model advocated by AECOM in the Review of Regional Water Quality & Security, prepared for Infrastructure Australia, and advocate the retention and promotion of the County Council model as the most appropriate method of providing water supply services to regional NSW.’

Subsequent to the Infrastructure Australia review, a further two reviews have been completed by the National Water Commission and the Australian Productivity Commission. Both of these reviews have similar findings although the Productivity Commission’s findings also saw merit in the Alliance models that are currently operating.

At the Local Government Manager’s Forum, held on 30 May, the General Manager was invited to sit on a Water Reform discussion panel and present his views on the findings of the three reviews. The Executive Officer of REROC, Ray Stubbs, was also invited onto the panel.

The General Manager and Ray Stubbs both argued that the control of water and sewerage services should remain within local government with Ray presenting his case based on promoting the Alliance model, whereas, the General Manager argued the case for the Regional County Council model.

The General Manager was completely dismayed that, whilst the panel discussion was immediately prior to lunch, there was virtually no response from the attending delegates when they were given the opportunity to participate in the discussion and either refute or agree with the views of the panel members.

In her address to the Shires’ Conference, the Minister for Primary Industries, the Hon. Katrina Hodgkinson, basically stated she was in favour of allowing local water utilities to continue as they are if they are operating and performing well. However, she did state that there may be a need to review the operation of those water utilities that are struggling.”

Council resolved to note the information.

Operations

The Operations Manager reported on routine maintenance activities and the following:

Service Repairs

Staff repaired some twenty three minor problems to water services over the past 2 months.

Mains Breaks

In the past month there have been 7 reticulation main failures, 2 trunk main failure and 6 water main failures in rural schemes.

New Services

In the past two months 2 new water services were connected.

Reservoir Levels

All reservoir levels have been maintained at near 100% capacity.

Lake Rowlands level at 30 May was 93% of capacity.

Millthorpe

The Millthorpe main replacement programme continued with a further 200 metres of main installed and a further eighteen customers transferred to the new infrastructure.

.

 

 

Cr. J S Farr

Cr. K Duffy


Item 7 Ordinary Meeting 15 August 2011

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Item 11 Ordinary Meeting 15 August 2011

Item 11 - Annexure 1

 

MINUTES OF THE CABONNE COUNCIL CARAVAN PARK COMMITTEE MEETING HELD AT CUDAL ON WEDNESDAY 27TH JULY 2011 COMMENCING AT 10.04AM.

 

 Present: Clr. Dean, Denis O’Brien (UAC), Robert Staples (DETS), Don Dean,

Lorraine O’Brien, Neil Haywood, Ros Haywood, Clr. Walker,

Michael Philpott.

 

Apologies:        Clr. Bleakley, Glenn Mickle

Motion: apologies accepted, moved Neil Haywood, seconded Lorraine O’Brien, carried.

 

Minutes:        The minutes of the previous meeting were accepted, moved Clr. Walker, seconded Lorraine O’Brien, carried.

 

Business

 

1       Welcome packs                                                                                  

In Glenn Mickle’s absence no further progress was made.

Action: Glenn to report at next meeting

 

2       Unauthorised structures                                                                  

UAC reported that for one tenant a letter from Council’s solicitor was being prepared and that the other had been issued with a 90 day notice of termination of residency.

Action: UAC to report on progress at next meeting.

 

3       Private play equipment                                                                    

UAC reported that he had written to the tenant as directed and explained that the play equipment they had provided was for their private use only.

No further action required.

 

4       Shed for Molong Caravan Park                                                               

UAC reported that the budget had $4,000 for this project.

 

Michael Philpott said that this would be only a small shed and could be attached to the present shed but with a bigger door.

 

DETS said that this was exempt development and no approval was required.

Action: Michael Philpott to follow up with the Molong park manager and arrange for new shed to be installed.

 

5       New Molong permanent residents                                                

UAC advised that one resident had moved out and the other had not taken up residence:

No further action required.

 


 

6       Entrance Signs                                                                                   

UAC presented a draft sign design for comment and consideration.

 

DETS said that the sign for inside the entrance of the parks should be a standard 1.5 metres x 900 mm. Colours should be white lettering on blue background.

 

UAC advised that Environmental Services would require a DA to be submitted.

 

DETS said that an audit of the signage in the roadway is to be undertaken to determine what signs are in existence, their size and condition.

Action: DETS  to arrange for Bob Fuller to carry out audit of street signs for caravan parks.

Action: Operations Overseer to arrange purchase and installation of signs inside caravan parks.

 

7       Camping at showgrounds                                                               

UAC presented information from Dept of Lands related to issues involving camping at showgrounds and similar places.

 

DETS said that a policy was required for Crown reserves including showgrounds. The policy should state that no camping is permitted on Council controlled lands such as showgrounds except for specified events like the sheep dog trials where a DA is required.

Action: UAC to prepare draft policy for next meeting.

 

8       Dump sites                                                                                           

DETS reported that no further progress had been made installing dump sites in villages.

 

Michael advised that in places like Cudal the effluent would have to be put into a pod as the system was not gravity fed.

 

The committee generally agreed on the benefits of dump sites as the demand appears to be growing for this service.

Action: DETS to report at next meeting.

 

9       Insect proofing of Canowindra caravan park BBQ                            

Neil said that this could be accomplished with wooden frames and insect screening.

 

Michael advised that in his opinion the system proposed was not strong enough, would not last and would be a source of ongoing repairs.

 

DETS said that all other BBQs in the Council area including other caravan parks were open. Any new facility like a camp kitchen needs to properly designed and constructed to include insect proofing. This is unlikely to happen in the short term. The BBQ will remain unenclosed for the present time.

No further action.

 


 

10     Noisy trucks at the Molong Supermarket.                                            

UAC reported that a letter had been sent to the supermarket and a phone call from the manager had been received. No lessening of the noise appears to have resulted.

 

DETS said this is a noise pollution issue and should be referred to Environmental Services.

Action: UAC to refer issue to Environmental Services.

 

11     Cudal Caravan Park long term future                                                    

Don advised that the present amenities were old and had not been upgraded for 40 years.

 

DETS suggested replacement  with a new amenity.

 

Michael advised that all the amenities at the parks were too small and needed proper drainage.

 

Don said that if we don’t do something the parks will die.

 

DETS said that the amenities were past their useful life. The design section could be assigned the job of designing new amenities for Cudal for planned future development.

 

Clr. Dean asked about possible grant funding.

 

DETS said that we should start immediately to draw up plans for new amenity blocks at all parks.

 

Don advised that in any future redevelopment of the park the amenities should be moved into the centre of the park to make them more accessible.

 

UAC advised that the large ironbark trees also needed to be removed.

Action: DETS to report at next meeting.

 

12     Financial report                                                                                  

The yearly financial report was presented.

 

It was noted by the committee that all three parks continue to operate at a nett loss. The nett loss in 2010/2011 in round figures was $150,000.

 

Motion: that the reports is accepted.

Moved Clr. Walker, seconded Michael Philpott, carried.

 

13     Fixed term agreements                                                                    

UAC reported that a fixed term agreement for a six month period had been arranged for a resident at the Cudal caravan park. UAC further advised all managers that they did not have any authority to permit visitors to stay beyond 30 days without a written agreement being prepared. They also did not have any authority to allow additional structures such as sheds or annexes to be built by permanent tenants on site.

Action: Managers to note.

14     Special events                                                                           

Ros Haywood suggested that the low area of the reserve below the caravan park could be used for markets or similar events.

 

DETS said that the suggestion should be directed to Sharon D’Elboux.

Action: Ros to consult with Sharon. 

 

15     Old gasworks site                                                                              

Lorraine asked about the area being fenced off at the rear of the caravan park.

 

DETS said the old gasworks site was being rehabilitated but that this was a long term project.

No further action.

 

16     Budget items                                                                              

Don requested a copy of the relevant budget items for the caravan parks which was then provided to all managers. Don requested prompt attention to the issues.

 

DETS requested Michael Philpott to inspect issues with Don and pass on to works.

Action: Michael to report on progress at next meeting.

 

There being no further business the meeting closed at 11.27am.


Item 15 Ordinary Meeting 15 August 2011

Item 15 - Annexure 1

 

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Item 16 Ordinary Meeting 15 August 2011

Item 16 - Annexure 1

 

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