Agenda of Ordinary Meeting

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
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - COUNCILLORS LEAVE OF ABSENCE - 304819

Recommendation

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

GENERAL MANAGER’S REPORT

A call for apologies is to be made.

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
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - COUNCILLORS DECLARATION OF INTEREST - 304820

Recommendation

THAT the Declarations of Interest be noted.

General Manager's REPORT

A call for Declarations of Interest

ITEM 3 - DECLARATIONS FOR 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
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - COUNCILLORS DECLARATION OF POLITICAL DONATIONS - 307054

Recommendation

THAT any Political Donations be noted.

General Manager's REPORT

A call for declarations of any Political Donations.

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
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\MAYORAL MINUTES - 307055

Recommendation

THAT the information contained in the Mayoral Minute be noted.

General Manager's REPORT

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

ITEM 5 - GROUPING OF REPORT ADOPTION

REPORT IN BRIEF

Reason For Report	Enabling procedural reports to be adopted.
Policy Implications	Nil
Budget Implications	Nil
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - BUSINESS PAPERS - 2012 - 307056

Recommendation

THAT:

1. Councillors call any items they wish to further consider

2. That items 6 to 13 be moved and seconded

Director of Finance and Corporate Services' REPORT

Items 6 to 13 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.

ITEM 6 - CONFIRMATION OF THE MINUTES

REPORT IN BRIEF

Reason For Report	Adoption of Minutes
Policy Implications	Nil
Budget Implications	Nil
Annexures	1. March 19 2012 Ordinary Council minutes
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - BUSINESS PAPERS - 2012 - 307057

Recommendation

THAT the minutes of the Ordinary Meeting held on Monday 19^th March 2012 be adopted.

General Manager's REPORT

The following minutes are attached for endorsement.

1. Minutes of the Ordinary Council meeting held on Monday 19^th March 2012

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
Annexures	1. April Economic Development and Tourism
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - BUSINESS PAPERS - 2012 - 307305

Recommendation

THAT the report and recommendations of the Economic Development and Tourism Committee Meeting of Cabonne Council held on 2^nd April 2012 be adopted.

Economic Development Manager's REPORT

Attached is the report of the Economic Development and Tourism Committee Meeting of Cabonne Council held on 2^nd April 2012 for Council’s adoption.

ITEM 8 - COMMUNITY SERVICES COMMITTEE MEETING

REPORT IN BRIEF

Reason For Report	Adoption of Community Services Committee Recommendations
Policy Implications	Nil
Budget Implications	Nil
Annexures	1. April Community Services minutes 2012
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - BUSINESS PAPERS - 2012 - 307059

Recommendation

THAT the report and recommendations of the Community Services Committee Meeting of Cabonne Council held on 2^nd April 2012 be adopted

Community Services Manager's REPORT

Attached is the report of the Community Services Committee Meeting of Cabonne Council held on 2^nd April 2012 for Council’s adoption.

ITEM 9 - ENVIRONMENTAL SERVICES AND SUSTAINABILITY COMMITTEE MEETING

REPORT IN BRIEF

Reason For Report	Adoption of Environmental Services and Sustainability Committee recommendations and noting of motions carried
Policy Implications	Nil
Budget Implications	Nil
Annexures	1. Environmental Services and Sustainability Minutes - April
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - BUSINESS PAPERS - 2012 - 307307

Recommendation

THAT the report and recommendations of the Environment Services and Sustainability Committee Meeting of Cabonne Council held on 2^nd April 2012 be adopted and carried Motions be noted.

Director of Environmental Services' REPORT

Attached is the report of the Environmental Services and Sustainability Committee Meeting of Cabonne Council held on 2^nd April 2012.

ITEM 10 - WORKS COMMITTEE MEETING

REPORT IN BRIEF

Reason For Report	Adoption of the Works Committee Meeting Recommendations
Policy Implications	Nil
Budget Implications	Nil
Annexures	1. April Works minutes 2012
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - BUSINESS PAPERS - 2012 - 307062

Recommendation

THAT the report and recommendations of the Works Committee Meeting of Cabonne Council held 2^nd April, 2012 of Cabonne Council be adopted.

Director of Engineering and Technical Services' REPORT

Attached is the report and recommendations of the Works Committee Meeting of Cabonne Council held on 2^nd April, 2012.

ITEM 11 - MYRTLEFORD ROAD TRANSFER

REPORT IN BRIEF

Reason For Report	To transfer the ownership of Myrtleford Road to Council.
Policy Implications	Nil
Budget Implications	Nil
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\ROADS and BRIDGES\ACQUISITION\CROWN ROAD TRANSFERS - 306151

Recommendation

THAT Council authorise the affixing of the common seal to the road transfer document and allow the transfer of the road to a Council Road and that the land be classified operational

GIS Officer’S REPORT

It has been brought to Council’s attention that Myrtleford Road is currently a Crown Road. This road has been maintained by Council for a number of years and is listed on Council Asset Register and signposted as a Council Road. The road currently has an Enclosure Permit over it that was issued by the Land and Property Management Authority. Given Myrtleford Road is a public road that provides access to a number of properties and the road is maintained by Council it should not have an Enclosure Permit over it and should be a Council Road. In discussions with the LPMA they have agreed to waive the fees involved in transferring this road.

ITEM 12 - AQUISITION OF CROWN LAND TO FACILITATE REPLACEMENT OF GOOLOOGONG BRIDGE

REPORT IN BRIEF

Reason For Report	To grant concurrence to Land Acquisition
Policy Implications	Nil
Budget Implications	Nil
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\TRAFFIC AND TRANSPORT\LIAISON\ROADS and MARITIME SERVICES - RTA - RMS - 307188

Recommendation

THAT Council provide concurrence in writing to the acquisition of part Lot 10 & Lot 12 DP 1169363 to facilitate the RMS bridge replacement project and Council waive any entitlement to seek compensation for the acquisition of the subject land, noting that Council does not appear to be the current trustee.

Design Manager's REPORT

Council may remember resolving to provide concurrence in writing to the acquisition of Lot 10 in the draft deposited plan known as RTA Plan 0237.105.55.4001 to facilitate the Roads & Maritime Services (RMS) bridge replacement over the Lachlan River and approaches near Gooloogong on MR237 at its February 2012 meeting.

Council has received a further letter from Roads & Maritime Services RMS seeking Council’s concurrence in writing to the acquisition of part of Lot 10 and Lot 12 DP 1169363 stating their initial request was in error as it did not include Lot 12 DP 1169363.

RMS proposes to acquire 7434m² of Land from Crown Reserve 84323 for Public Recreation notified 9 August 1963 under the care and control of the Gooloogong Reserve Trust. As there are no address or contact details on state records relating to this trust, the RMS considerers the responsibility rests with Cabonne Council as caretaker or trust manager. The area is shown on the site plan below.

RMS have received conditional approval from the Department of Primary Industries to the acquisition of parts of Crown land north and south of the Lachlan River at Gooloogong for the bridge replacement project. One of the conditions of approval is that RMS obtains Cabonne Council’s concurrence to the acquisition. The RMS request that Council waive any entitlement to seek compensation for the acquisition of the subject land.

Site Plan

ITEM 13 - ONE ASSOCIATION

REPORT IN BRIEF

Reason For Report	To provide an update on the issue of One Association to represent Local Government in NSW.
Policy Implications	Nil
Budget Implications	Nil
Annexures	1. one association - 27 principles 2. one association - voting entitlements
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNMENT RELATIONS\LOCAL AND REGIONAL LIAISON\LOCAL GOVERNMENT and SHIRES ASSOCIATION - 307406

Recommendation

THAT an update report on progress with the One Association be provided to Council after the conduct of the Annual Conference of the Shires Association being held in June.

General Manager's REPORT

The Shires Association have advised that the Executive, based on legal advice, have agreed to follow the process know as the “Host Organisation” method to achieve the creation of a new Association. This, they advise, is the best and easiest way to establish a single Association from a legal and administrative perspective. It means that the Shires Association “merges” with the Local Government Association, a new name is adopted and the new constitution comes into operation and both the Local Government Association and the Shires Association cease to exist in their old form with the new Association the only organisation moving forward after the formal amalgamation date, which has yet to be decided. The new Association will be LOCAL GOVERNMENT NSW, a business name already owned by the two Associations.

The Executives of both Associations have also decided that it would be preferable for the formal process for the creation of the new Association be finalised before the 2012 Local Government election.

A formal application will be made to Fair Work Australia (FWA) for the creation of the new Association which will require a hearing before FWA to approve (or otherwise) the Scheme of Amalgamation and the new constitution. Formal notice has been received that the Executive Committees (Committees of Management) of the Shires Association of NSW and the Local Government Association of NSW are meeting on 17 and 20 April 2012 respectively, to consider proposed resolutions that are necessary to facilitate the proposed amalgamation of the two Associations. If approval is granted, FWA will authorise the Australian Electoral Commission to undertake a secret postal ballot of the member councils of both Associations to determine the matter. The timetable for the ballot to be finalised is early August 2012.

If member councils approve the creation of the new Association, indications are that the new Association will come into being around March 2013.

As has previously been reported to Council, the draft constitution for the new Association is based on the 27 principles previously agreed to by the Association. A copy of these is attached. As previously resolved, Council submitted a submission, based on feedback from Councillors, to the draft Constitution.

Principles 4 & 5 deal with the issue of voting on motions and the election of Board Members and these principles state that the Rural/Regional grouping of councils and the Metropolitan/Urban grouping must have an equal number of votes. The current LGA population based voting scale has been used to determine voting entitlements initially being applied to Rural/Regional councils to determine the base figure and then being applied to the Metropolitan/Urban councils with further adjustments to ensure that total voting entitlement are equal between the two groups. The result of these calculations is that the majority of Shires Association member councils will continue to receive one vote for election/motions. A full list of voting entitlements for the new Association is also attached.

ITEM 14 - 2012 National General Assembly - Cabonne Motions

REPORT IN BRIEF

Reason For Report	To seek Council's consideration and endorsement of motions to be submitted to the National General Assembly of Local Government.
Policy Implications	Yes - consistent with Council's previously resolved positions.
Budget Implications	Yes - negative implications unless Council Motions are supported.
Annexures	Nil
File Number	\My Workspace\Business Paper Report Directory - 302375

Recommendation

THAT Council give consideration and endorsement to the Motions relating to Road Funding-Local Roads and Impacts of Carbon Tax on Local Government and their communities to be submitted to the 2012 National General Assembly.

General Manager's REPORT

Council at its February meeting resolved to submit Motions to the National General Assembly and requested that a report be provided to the April Meeting.

The National General Assembly of Local Government will be held in Canberra from 17-20 June 2012 with delegates attending from every State and Territory in Australia.

Council has considered a number of Motions which are being submitted to the Shires Association Annual Conference. These Motions are of State significance, however there are two matters which Council has considered which are of National significance, relating to Road Funding-Local Roads and the Impacts of Carbon Tax on Local Government and the communities they serve.

The following Motions are therefore submitted for Council’s consideration and endorsement:

ROAD FUNDING – LOCAL ROADS

That the Australian Local Government Association use all available means to lobby the Federal Government for the continuation of the Roads to Recovery program on a permanent basis, retaining the current administrative arrangements and with an increased level of funding recognising the current shortfall of funding for local roads.

Note by Council

The issues of aging infrastructure, lack of adequate grant funding and lack of alternate revenues, have served to highlight the need to expand the Roads to Recovery program by increasing the funding amount and providing these funds for local roads.

Motoring associations, transport bodies, lobby groups, business, community organisations and individuals have all highlighted issues with the Nation’s road network and the lack of adequate funding. Opportunity exists to unite interested stakeholders.

Whilst acknowledging that Councils have to do their share in providing road funding, the problem of infrastructure backlog and condition of roads cannot be solved entirely within local government resources because of the current restrictions that local government operates under.

There needs to be a concerted push at all levels involving all stakeholders. The ALGA, in conjunction with key stakeholders, needs to make this a key issue at the next Federal election.

IMPACTS OF CARBON TAX ON LOCAL GOVERNMENT

THAT:

1. The Australian Local Government Association carry out investigations to ascertain the true impacts of Carbon Tax on Local Government and the communities they serve.

2. The results of the survey be communicated to both Federal and State Governments.

Note from Council

The implementation of a Carbon Tax is now a reality. There has been much conjecture however from a variety of information sources available to local government through such things as government documents, the media and other experts, of the true impact on local government and the communities they serve.

Recent media reports in the Financial Review by former Reserve Bank Board Member Warwick McKiddon have indicated the impact of the Carbon Tax at 1% which is in contradiction to the Government’s figure of 0.7%

Carbon Tax will impact on every section of the community, but particularly on local Government which provides such a diverse range of services. The discrepancies of the impact have been commented on quite widely from a number of State, Federal and independent sources.

The Carbon Tax will certainly have a negative financial impact on Local Government and whilst acknowledging there have been some offsets provided, it has been extremely difficult for Councils to advise of the true impact on their local communities.

ITEM 15 - 2012 SHIRES ASSOCIATION ANNUAL CONFERENCE

REPORT IN BRIEF

Reason For Report	To advise of the upcoming conference and determine Council's delegates for 2012.
Policy Implications	Nil
Budget Implications	Nil
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNMENT RELATIONS\CONFERENCES\LGSA ANNUAL CONFERENCE - 305848

Recommendation

THAT Council be represented at the 2012 Shires Association Annual Conference by the Mayor, or his alternate delegate, two observers nominated by Council and the General Manager in an advisory capacity.

General Manager's REPORT

The Annual Conference of the Shires Association, incorporating the LGMA Forum will be held in Sydney from 3-6 June 2012. The theme for this year’s conference is very relevantly entitled “Keeping the Local in Local Government” and a number of high profile guest speakers have been invited.

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

Council submitted a number of Motions to the E Division Conference in relation to RFS Funding, Local Road Funding, Country Towns Water & Sewer Scheme, Impacts of Carbon Tax on Local Government and 2016 Local Government Elections which were unanimously carried and will be included with the Motions submitted to the Shires Association Conference in June.

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

This year’s conference will also include an update on the One Association proposal as well as the Minister for Local Government discussing Destination 2036 and the Local Government Panel Review.

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

ITEM 16 - CENTROC INCLUSION OF TWO NEW PROJECTS FOR MEMBERS FOR 2012/2013

REPORT IN BRIEF

Reason For Report	To advise of two new programs developed for CENTROC members with associated budgetary advice and fee schedule.
Policy Implications	Nil
Budget Implications	yes
Annexures	1. CENTROC FEE TOTALS FOR 2012
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNMENT RELATIONS\LOCAL AND REGIONAL LIAISON\CENTROC - 306169

Recommendation

THAT advice on the new fee structure for CENTROC be noted and referred for inclusion in the 2012/2013 draft budget.

General Manager's REPORT

Council is a member of CENTROC and continues to derive the benefits of cost savings, operational support through collaboration and advocacy support. Total dollar savings for Cabonne is over $224,000 since December 2009. This represents a significant return on Cabonne’s investment. Collaboration of this type is viewed favourably by the Division of Local Government where this type of regional co-operation demonstrates the case for Council retaining its autonomy while deriving the benefit of aggregated activity, a key feature of the Destination 2036 program.

In response to member requests, two new programs have been developed by CENTROC. These programs are the CENTROC Water Utilities Alliance (CWUA) and continuation of the CENTROC Sustainability program.

Regarding the CWUA, good cost savings are accruing and will continue to accrue from the program which demonstrates the value of members retaining control over the water assets while collaborating to effectively deliver quality and secure water supply and sewer services to 2059. Over the past two years this program has attracted over $150,000 of funding and received national recognition from the Productivity Commission.

In relation to the sustainability program, Council will be aware that CENTROC has applied for a grant under the Community Energy Efficiency Program (CEEP) which will part fund energy saving measures in member Councils. Cabonne has applied for lighting where over 50% will be funded by the Federal Government. The Sustainability Program will manage this regionally while also delivering on the balance of activity in the attached report. The program to date has brought $1.25m to the region in grant funding over the past four years. The new CEEP grant project is valued at over $2.4m regionally and should it be successful, funding for the first 12 months of the CENTROC Sustainability Program will not be required.

Cost savings of the CWUA program.

Council is saving considerable amounts of money through its solid engagement with this program. For example, while the higher amounts of costs can involve more complex systems, two Councils in the region have spent over $150,000 on the IWCM Evaluation Study alone where the regional program offered by CENTROC has been delivered to members at $36,000 per Council.

Cabonne has procured a Demand Management Plan as part of this process saving around $7000.

The CWUA team are beginning work on a regional approach to Drinking Water Quality Management Plans where these will become mandatory in June of this year. Estimates provided by the Department of Health costing this work is over $50K depending on the size of the Council and the CWUA are looking for ways to reduce this.

The CWUA are also currently running Asset Revaluation, CCTV and smoke testing programs all of which Cabonne is engaging in with considerable cost savings and the program being managed by CENTROC staff.

Of note is that the next “push” from the State will be in Strategic Business Plans for Water and Sewer. Cabonne’s current plans will be updated during this process using a regional approach to save time and money.

Future funding of CENTROC’s Environmental Sustainability Program in the non-grant period

Background

CENTROC has been running a successful sustainability program for the past 4 years. During this time the initial work and building of momentum in the region has been funded by grants from the NSW Environmental Trust’s Urban Sustainability Program. In the past 4 years CENTROC’s program has bought $1.2 million in grant funding to the region. CENTROC and its staff have received awards for the quality of the work undertaken.

Future Priority Action

Consultation with members and discussion at GMAC has highlighted the need for support across council operations in the first 12 months of the position being funded by CENTROC (after all grant funding has been expended):

1. Development of a Regional Sustainability Action Plan that links together existing plans to clarify priority areas for action;

2. Development of 3-4 regional grant ready projects based on the outcomes of the Regional Sustainability Plan in partnership with members;

3. Support Councils with their plans to implement sustainability and renewable energy infrastructure through technical advice, possible cost savings through coordinated regional activity and community engagement programming;

4. Build understanding in the region of the Carbon Price and Low Carbon Economy and the opportunities that it creates for Central NSW;

5. Support the development of a Regional Environmental Compliance network; and

6. Continued support of staff and councils on issues around sustainability and climate change.

The CENTROC funded program would generate a number of significant benefits to the region and include:

· The Regional Sustainability Action Plan that would allow CENTROC to highlight and act on regional priorities and ensuring readiness for grant opportunities (if completed by a consultant these plans cost approximately $75,000 or more).

· Further support from CENTROC around energy savings, technical and cost saving advice on renewable energy which would be relevant to the environment, cost savings and infrastructure team programming. Information support around the carbon price and low carbon programming proposed by the Federal Government will have a similar benefit of being grant ready, technically aware and able to implement a coordinated response to grant or other funding opportunities. Currently CENTROC is undertaking a regional application to support Oberon in procuring pool pumps and heat exchangers.

· Development of 3-4 well developed project briefs meeting regional priorities for sustainability that are ready for grant applications and/or advocacy opportunities.

· Support and network of regional environmental compliance staff to help them keep up to date with changes to legislation but also on issues such as dealing with the public and conflict resolution. This coordinated approach would result in consistency and possible regional efficiencies being made on the complex issue of environmental compliance.

· Continued support for capacity building of CENTROC staff around sustainability. Current programming has supported presentations around quadruple bottom line reporting, sustainable procurement, and change management. This level of capacity building and targeted networking would be continued along with support for further activity following on from the Sustainability Charter and the current climate risk work.

Financial Considerations for Council

Council is deriving good value for money from existing CENTROC programs where cost savings well outweigh contribution cost. Savings, as previously mentioned, since December 2009 are over $224,000

The two new programs are being funded on a per capita basis.

Cabonne is making good use of both the new programs where they are engaging well in CWUA programs while deriving substantial cost savings. Regarding the sustainability program, through CENTROC Cabonne has applied for over $30,000 of Federal monies to substantially assist with a lighting retrofit to save money into the future.

Total fees for Cabonne for the 2012/2013 financial year will be $26,972. This is made up of:

Membership & Administration	$11,923
Water Utilities Alliance (funded from Cabonne Water Fund)	$6,076
Sustainability Program	$3,931
Training	$1,526
Training – OHS/HR	$2,516
Screencentral Membership	$1,000

Attached is the schedule of fees for all members.

ITEM 17 - Notice of Motion

REPORT IN BRIEF

Reason For Report	Reporting on Notice of Motion given at the March Council meeting.
Policy Implications	Nil
Budget Implications	Nil
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\NOTICES - MOTION - 306956

Recommendation

THAT the Notice of Motion be dealt with.

Director of Finance and Corporate Services' REPORT

At the March Council meeting, Councillor Bleakley gave notice of his intention to move a motion to rescind the censure motion passed at the 15 August 2011 Council meeting and that the allegation of Conflict of Interest that gave rise to the censure motion be investigated in accordance with the Code of Conduct.

The Motion referred to in the Notice of Motion states:-

“THAT due to Councillor Duffy not resigning as requested at the July Council meeting for not appearing to be representing the interest of Cabonne Rate payers as a whole and have 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 rate payers”

Should Council wish to proceed with the Notice of Motion, it would first be necessary to move and second the recision motion in relation to the item above and then for a further motion to be passed requiring the allegation to be investigated in accordance with the Code of Conduct.

ITEM 18 - NSW Rural Fire Service Review

REPORT IN BRIEF

Reason For Report	Advise Council of a review being conducted into Local Government engagement with the NSW Rural Fire Serivce
Policy Implications	Nil
Budget Implications	Nil
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\EMERGENCY SERVICES\SERVICE PROVISION\NSW RURAL FIRE SERVICE - 307498

Recommendation

THAT Council determine a preferred option in relation to the review of the NSW Rural Service

Director of Finance and Corporate Services' REPORT

The Local Government and Shire Associations of NSW have released a discussion paper titled review of Local Government engagement with the NSW Rural Fire Service.

The LGSA have developed a discussion paper in response to the ongoing concerns expressed by Councils in relation to their engagement with the NSW Rural Fire Service.

The Discussion Paper: Review of Local Government Engagement with the RFS, outlines the past and present engagements of Local Government with the RFS and proposes options for the future.

Proposed options for Council’s consideration include:

· Retract Local Government operational involvement with the RFS.

· Merger of two fire service (RFS/FR NSW)

· Retain current arrangements with process improvements.

· Local Government recover bushfire responsibilities.

· Maintain the status quo.

Councils are requested to:

· Comment on their current arrangements with the RFS.

· Identify issues/problems commonly arising.

· Highlight any current arrangements that are considered effective.

· Comment on the rage of options presented in the discussion paper and/or present alternative options.

· Put forward alternative options.

· Clearly indicate a preferred option.

The feedback received from the discussion paper will be collated and reviewed to help develop a new policy position on the future engagement of NSW Local Government with the RFS.

A copy of the discussion paper has previously been emailed to Councillors for their information and feedback is due by Thursday 25^th April 2012.

ITEM 19 - Cumnock and Yeoval Sewerage Scheme

REPORT IN BRIEF

Reason For Report	To advise on Legal advice received regarding Cumnock and Yeoval Sewerage Schemes
Policy Implications	Nil
Budget Implications	Nil
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\SEWERAGE AND DRAINAGE\DESIGN AND CONSTRUCTION\FOUR TOWNS SEWERAGE SCHEME - 307490

Recommendation

THAT Council not make a rate for the Cumnock and Yeoval Sewerage Schemes for the 2012/13 year.

Director of Finance and Corporate Services' REPORT

Council at its Ordinary meeting held on 19^th March 2012, resolved:-

“THAT:

1) Due to delays with the commencement date of construction that Council support a freeze on the pre-construction rate for Cumnock and Yeoval Sewerage Schemes and seek legal advice regarding options for rating as outlined in the report.

2) Council investigate options including a government subsidy to assist with costs for decommissioning septic tanks

3) Council hold public meetings on 28^th March at Yeoval and 29^th March at Cumnock

4) Council seek legal advice as to available options should the majority of current town residents object to proceeding.”

In relation to items 1 and 4, Council has now received legal advice which has been attached to a closed report due to the legally privileged nature of opinions.

The advice indicates that Council has the ability to not make a rate for the Cumnock and Yeoval Sewerage Schemes, whilst it awaits construction of the Schemes.

The advice also indicates that Council has the power to make a levy a rate not withstanding a majority may oppose such a rate, subject to Council having given due consideration to any submissions that it receives in relation to its operational plan under section 405 (1) of the Local Government Act.

In relation to Item 2, investigations are continuing in relation to the possibility of Government subsidy for the decommissioning of septic tanks, with this matter to be raised at a Deputation be to held with the Minister and representatives of the Yeoval and Cumnock communities.

In relation to item 3, public meetings were held on 28^th March at Yeoval and 29^th March at Cumnock, and the notes of these meetings have been reported elsewhere in the business paper.

ITEM 20 - Central West Libraries - Draft Management Plan and Budget 2012/2013

REPORT IN BRIEF

Reason For Report	For Council to adopt the Central West Libraries (CWL) Management Plan 2012/2013
Policy Implications	Nil
Budget Implications	Yes - consistent with Central West Libraries Management Plan Budget
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\COMMUNITY SERVICES\LIBRARY AND PUBLIC INFORMATION ACCESS\CENTRAL WEST LIBRARIES - 306029

Recommendation

THAT Council adopt the 2012/2013 Central West Libraries Draft Management Plan.

Administration Manager's REPORT

A meeting of the Central West Libraries (CWL) Committee was held on 22 March 2012 and was attended by Council’s councillor delegate Clr Culverson and the Administration Manager as alternate delegate to the General Manager.

One of the agenda items was the CWL Draft Management Plan 2012/2013.

The Government per Capita Grant to Cabonne Council in 2012/2013 is expected to be $43,180 ($42,190 in 2011/2012). It is proposed that Council makes a further contribution of $176,864 ($180,187 in 2011/2012) which is a decrease of $2,333 or -1.879% on last year’s contribution.

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

The estimates have been prepared using extensive parameters as detailed in the CWL Financial Accountant’s covering report – a copy is available from the Administration Manager on request as is a copy of the 2012/2013 draft Management Plan.

Council is requested to adopt the CWL draft Management Plan 2012/2013.

ITEM 21 - PROCUREMENT FROM DISABILITY EMPLOYMENT ORGANISATIONS

REPORT IN BRIEF

Reason For Report	For Council to consider modifying its Procurement (including local preference) policy
Policy Implications	Yes - would update Council's existing policy
Budget Implications	Negligible
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\CORPORATE MANAGEMENT\POLICY\POLICY CORRESPONDENCE - 306390

Recommendation

THAT Council consider whether it wishes to update its procurement policy in the manner detailed in the report in relation to procurement from disability employment organisations.

Administration Manager's REPORT

The purpose of this report is to inform Council of NSW Government policy and note that the State Government (via the DLG) is encouraging councils to procure goods and services from disability employment organisations (DEOs).

Goal 14 of NSW 2021 is to increase the participation of people with disabilities in employment and further education. The NSW Government has adopted a policy that encourages public sector agencies to procure goods and services from DEOs in order to improve employment opportunities for people with disabilities.

A DEO is a person or body approved by the Minister for Disability Services that conducts a business, the principal purpose of which is to provide employment to persons with a disability.

Under the policy, public sector agencies are not required to conduct open competitive tenders where procurement is from DEOs. In addition, Government agencies can purchase goods and services directly from DEOs without the need to purchase from State Contracts or seek approval from the State Contracts Control Board.

This policy does not currently extend to councils. The tendering requirements under section 55 of the Local Government Act 1993 continue to apply to contracts with a value of over $150,000.

However, councils are encouraged to procure goods and services from organisations that employ people with disabilities, where possible. Council may wish to consider amending its procurement policy to give a weighting towards, or a preference to engaging, DEOs as providers of goods and services.

Currently, Council’s policy provides for a 5% buffer to support Cabonne’s local industry and businesses.

Council also supports a preference to purchasing Australian made goods.

A preference for procuring goods and services from organisations that employ people with disabilities for purchases less than tendering value (up to $150,000) could be added.

The use of such organisations could simply be given preference if they can provide goods and services of equal quality to that available in the general marketplace as follows:

Value of goods and services	Quotations required	Preference calculation*
Up to $1,000	only 1 verbal quote required	No need to compare prices
$1,001 to $5,000	3 verbal quotes required	If equal value preference to DEO
$5,001 to $20,000	3 written quotes required	If equal value preference to DEO
$20,001 to $150,000	Treated as a Request for Quotation, similar to a tender, and advertised in newspaper	If equal value preference to DEO

*- Any comparison for equal value when determining preference toward a DEO would be after the 5% buffer for local suppliers has been applied.

It should be noted that at this time there are very limited DEOs in the region.

ITEM 22 - Draft Asset Management Policy

REPORT IN BRIEF

Reason For Report	Requesting Council consider adoption of a new policy
Policy Implications	Will become Council's policy on this matter
Budget Implications	Nil
Annexures	1. Draft Asset Management Policy
File Number	\OFFICIAL RECORDS LIBRARY\CORPORATE MANAGEMENT\POLICY\POLICY CORRESPONDENCE - 306749

Recommendation

THAT Council adopt the draft Asset Management Policy.

Administration Manager's REPORT

Council is committed to implementing a systematic asset management methodology in order to apply appropriate asset management best practices across all areas of the organisation. This includes ensuring that assets are planned, created, operated, maintained, renewed and disposed of in accordance with Council’s priorities for service delivery.

The Asset Management Policy contains asset management principles which will assist Council in achieving its Strategic Longer-Term Plan and Long Term Financial objectives.

A copy of the policy is annexed for Council’s consideration.

ITEM 23 - Manildra Library Formal Opening

REPORT IN BRIEF

Reason For Report	To advice Councillors of the Formal Opening
Policy Implications	Nil
Budget Implications	Nil
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\COMMUNITY SERVICES\LIBRARY AND PUBLIC INFORMATION ACCESS\MANILDRA LIBRARY RELOCATION 2011 - 306280

Recommendation

THAT the Mayor and Central West Libraries Councillor Delegate be authorised to attend the Formal Opening of the Manildra Library and any other interested Councillors nominated.

Administration Officer's REPORT

Dr Alex Byrne – NSW State Librarian has been invited to officially open the newly relocated and refurbished library at Manildra Library on the 4^th May 2012.

A plaque has been arranged to commemorate the day and the Mayor and councillor delegate to the Central West Libraries Committee have been invited. Local and any other interested councillors are welcome to attend. A resolution of Council is required to authorise their attendance.

ITEM 24 - MOLONG COMMUNITY HALL DISABLED ACCESS

REPORT IN BRIEF

Reason For Report	Request for diasabled access and disabled toilets
Policy Implications	Nil
Budget Implications	Nil
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\COUNCIL PROPERTIES\MAINTENANCE\COMMUNITY HALLS - 306536

Recommendation

THAT Council staff scope the works required for disabled access to the main hall, hall toilets and installation of disabled toilets for Council consideration for possible inclusion in future budgets.

Urban Assets Coordinator's REPORT

Council has recently received a request from the Molong Advancement Group (MAG) to urgently consider the issue of disabled access to the hall and the hall toilets.

The current situation is that the main entrance to the hall has ramp access to the hall foyer. There are then steps to be negotiated into the hall. Toilets for males and females are down corridors and there steps to be negotiated. Neither male nor female toilets possess disabled toilet facilities.

Council environmental staff have reviewed the situation and the Anti-Discrimination Act and has provided the following opinion in brief.

The public need for disabled access and toilets is valid. However Council is not obliged at this point to install disabled access or toilets.

Council would be obliged to provide these facilities if Council was carrying out upgrades to the hall which require development approval and construction certificates. At this point of time upgrades of this nature are not planned.

The issue of heritage requirements also must be considered as the building is in a Heritage Conservation Area.

This must be weighed against Council’s moral obligations to the community and ability to fund the works.

It is therefore recommended that Council staff scope the works required for disabled access to the main hall, disabled access to hall toilets and installation of disabled toilets for Council consideration for possible inclusion in future budgets.

ITEM 25 - LEWIS PONDS RURAL FIRE SERVICE SHED ACCESS

REPORT IN BRIEF

Reason For Report	Seek Council's approval to improve access to the Lewis ponds RFS shed
Policy Implications	Nil
Budget Implications	$14,000 from the Lewis ponds Sec. 94
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\EMERGENCY SERVICES\SERVICE PROVISION\NSW RURAL FIRE SERVICE - 306475

Recommendation

THAT Council approve the improvements to the Lewis Ponds RFS shed.

Director of Engineering and Technical Services' REPORT

Members of the Lewis Ponds RFS brigade requested Council investigate access conditions to the Lewis Ponds shed. An on-site inspection was carried out Mid March 2012 with members of the Lewis Ponds brigade and Officers from Canobolas Zone and the Director Engineering and Technical Services.

The existing access is 4m wide gravel on very steep grade. Continual maintenance is required to maintain suitable access after rain events. At the time of inspection the access was in poor condition and access difficult for 4x4 vehicles.

Proposed works:

1. Grade and provide gravel overlay to existing access

250m x 4m $5,500

2. Seal access road

Seal required to reduce maintenance on steep slopes $6,000

3. Cut table drains and provide access pipes $2,500

4. Seal hard stand areas adjacent to shed

RFS to fund sealing hard stand area $600

TOTAL PROJECT COST = $14,600

Council cost $14,000

RFS cost $600

Council grades the access roads regularly, the sealing of the access road would have a cost benefit over the long term.

ITEM 26 - HOLMAN BRIDGE REPLACEMENT REVIEW OF ENVIRONMENTAL FACTORS

REPORT IN BRIEF

Reason For Report	To inform Council of the REF for Holmans Bridge Replacement.
Policy Implications	Nil
Budget Implications	Nil
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\TRAFFIC AND TRANSPORT\LIAISON\ROADS and MARITIME SERVICES - RTA - RMS - 306620

Recommendation

THAT Council:-

1. Notes the REF

2. Advise RMS that it objects to the comment in section 6.1 under Socio Economic Considerations that the REF indicates that council would be responsible for any upgrades that may be required as a result of the bridge replacement

3. Seeks special funding from RMS to assist council to carryout upgrade works on Casuarina road to accommodate the potential increase in traffic on this road.

Director of Engineering and Technical Services' REPORT

Council has received the Review of Environmental Factors (REF) for the replacement of the Holman Bridge over the Lachlan River on MR237.

The REF is a comprehensive document covering a number of issues relating to the existing bridge and proposed construction of a new bridge and demolition of existing timber bridge.

The REF covers a wide range of environmental considerations including the statutory framework, stakeholder and community consultation, environmental assessment and considerations of options.

Council will recall in considering an initial report on the RMS project considering the possible impact on council’s local road infrastructure once the new bridge has been provided and that there may be an increase of traffic on the local road connecting Goologong to Eugowra and wider areas north. Council resolved to support the project but advise the RMS of council’s concerns that an increase of traffic on the local road may require an upgrade.

It is noted in the REF under 6.1 Socio Economic Considerations, Economic Impacts that the review states “provision of the new bridge (rated for higher mass vehicles) would allow better freight access and the future upgrade of the route MR 327 by council. This would provide road users with an alternate route to Canberra and may benefit smaller towns such as Eugowra, Gooloogong, and Grenfell from passing traffic”. This statement suggests that there is a potential impact on the council’s local road network and suggest that council would be responsible for an upgrade.

In another section of the report, it states that after the project is completed there are no mitigation measures required at the operational stage suggesting that the scope of works relating to the Holman bridge is restricted to the bridge itself and the immediate approaches and there is no consideration of any other works required that may be considered to have a nexus to this project.

Council may wish to consider commenting on the REF and this section, noting in 6.1 that consideration should be given by the state to assisting council in funding to upgrade MR 327 and local road to Eugowra to accommodate potential in increase of traffic.

ITEM 27 - YEOVAL AND CUMNOCK SEWERAGE RETICULATION

REPORT IN BRIEF

Reason For Report	Report on the community information meetings held in Yeoval and Cumnock
Policy Implications	Nil
Budget Implications	Nil
Annexures	1. Notes from Cumnock Sewerage Scheme Information Night 2. Notes from Yeoval Sewerage Scheme Information Night
File Number	\OFFICIAL RECORDS LIBRARY\SEWERAGE AND DRAINAGE\DESIGN AND CONSTRUCTION\FOUR TOWNS SEWERAGE SCHEME - 307067

Recommendation

THAT Council:

1. Note the report on the information meetings

2. Endorse the action plan for progress of the reticulation schemes for Yeoval and Cumnock.

Director of Engineering and Technical Services' REPORT

Included in the annexure to this report are the notes taken from the information meetings held in Yeoval on 28^th March and in Cumnock on the 29^th March.

Consensus for certain “actions” to be undertaken in relation to the sewerage reticulation was also adopted. Those actions are listed below;

Issues/actions from the Meetings;

ISSUE	ACTION	Responsible person
Deputation to Minister re Section 60 approval to call tenders.	Mayor to contact Andrew Gee & Troy Grant re deputation to Minister to seek assistance with speeding up Section 60 approval process and possible assistance with decommissioning of septic tanks.	Mayor
What happens if individual household system overfill due to extended blackout?	Director of Engineering to obtain answer and provide details back through a future Cumnock Progress Review.	Director Engineering & Technical Services
What happens if landholder away for extended time? Does pump need to be run?	Answer to be obtained by Director of Engineering & Technical Services and be provided to a future Cumnock Progress Review.	Director Engineering & Technical Services
What happens to sporting facilities that need to be connected to sewer, e.g. Showground.	Need to check land title for Showground, answer to be provided to Show Society by Director of Finance & Corporate Services.	Director Finance & Corporate Services

There were a number of “common” queries concerning the specification, construction and operation of the reticulation system. The following provides a summary of those items and comment.

1. Costs to the land holder for on-property works. The definition of on-property works is; All works required to connect to the new system including those works to existing septic and grey water lines to meet current Council and NSW Health requirements.

COMMENT: The property owner will be responsible for the decommissioning of the existing septic tank. This will entail pumping out, sterilising and back filling. If the grey water line is in close proximity to the black water line and can be readily connected, this will be done as part of the “project” costs. However if there is substantial works associated with connecting the grey water, the property owner will be responsible for the connection of grey water.

Property owners were advised to contact council if they had any queries concerning on-property works.

2. What are the on-going maintenance and operational costs to the landowner?

COMMENT: All infrastructure, including on-property works associated with the low pressure reticulation system is Council’s asset and is the responsibility of Council for the operation and maintenance.

3. Is the system reliable?

COMMENT: Low pressure systems have been in use for over 35 years, the E-0ne pumps and wells are in use world wide. There have been some issues with electrical switches, however staff are working with the supplier to overcome these.

4. Why the need to have a reticulation system?

COMMENT: The power point presentation provided a list of seven areas of concern ranging from public health to government legislation that reticulation alleviate, they are listed below;

i) Public health

ii) Improved amenity and potential growth for the village

iii) Environmental issues and concerns

iv) State Government requirements for on-property sewage management

v) Environmental health and protection guidelines, on-site sewage management for single households

vi) Regulation – Local Government (approvals) amendment (sewage management) regulation 1998

vii) Protection of the Environment Operations Act 1997

5. What is the timeframe for commencement of construction?

COMMENT: Commencement of construction is subject to Council receiving a Section 60 approval from the Minister. The Act states that;

Local water utilities operating sewerage schemes must, in accordance with Section 60 of the Local Government Act 1993, obtain the approval from the NSW Office of Water for sewage effluent from their areas to be treated or supplied to any person.

For the Minister to consider Sec. 60 approval Council must provide sufficient information to satisfy the Minister that the treatment of effluent will meet current environmental guidelines. To this end Council has completed the necessary Review of Environmental Factors for the sewerage treatment plant (STP) and has engaged the Department of Commerce to prepare the plans and specifications for the STP. The Department of Commerce have indicated the plans and specifications for the STP will be completed by the end of April.

The timeframe, subject to the timely delivery of the STP plans and specifications and section 60 approval from the Minister is:

April 2012 – Complete estimates for reticulation works (works to be undertaken by Council under single invitation contract.

May 2012 – Submit application to the Minister for Sec. 60 Approval.

July 2012 – Prepare tender documentation for Construction of STP and On-Property works.

August 2012 - Commence Tender process (advertise) subject to Sec. 60 approval

October 2012 - Tender evaluation and awarding of Tenders

Nov. Dec. 2012 - Subject to Contractor availability – commence construction.

NOTE: The timeframe for completion is approximately 52 weeks allowing for 20 weeks for the STP and 32 weeks for property connections under favourable weather conditions.

Action Plan

To progress the four towns sewerage reticulation program, the following actions need to continue/commence;

1. Complete the estimates for reticulation works

2. Prepare documentation for tenders

3. Complete effluent re-use plans

4. Apply for Sec. 60 approval from the Minister.

5. Advertise tenders for the STP and On-property works.

The Mayor has made contact with Local Members Tory Grant and Andrew Gee who are hopeful of arranging a date for the deputation in the near future. This matter may be able to be updated on meeting day.

ITEM 28 - 3 lot subdivision Lot 101 DP 1113203, Freemantle Road, Gowan.

REPORT IN BRIEF

Reason For Report	Proposed 3 Lot Subdivision
Policy Implications	Nil
Budget Implications	Nil
Annexures	1. Existing Site Plan 2. Proposed Subdivision Layout 3. Submissions 4. Draft Conditions of Approval
File Number	\Development Applications\DEVELOPMENT APPLICATION\2012\03-2012-0084 - 307323

Recommendation

THAT Development Application 2012/084 for a three (3) lot subdivision of Lot 101 DP 1113203, Freemantle Road, Gowan be deferred and the applicant requested to submit a subdivision redesign.

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 development application submitted for a three (3) lot rural subdivision on land described as Lot 101 DP 1113203, Freemantle Road, Gowan.

The application has been referred to the Council for determination due to unresolved issues pertaining to the received submissions which requires delegation above those of the Director of Environmental Services.

The proposal has been assessed in accordance with the relevant planning provisions and has given Council three (3) options to consider in its delegation for determination. The options for consideration are as follows:-

1. Approve the Development Application as it stands. A draft notice of approval is attached for your assistance in consideration.

2. Refuse the Development Application.

3. Defer the decision and request a redesign deleting the isolated building envelope of proposed Lot 3. Consideration for reducing the number of lifestyle blocks of 100 hectares to one (1) lot should also be undertaken.

No political donations or gifts have been received.

Applicant: Anthony Daintith Town Planning

Owner: W J Marshall

Proposal: 3 lot Subdivision

Location: Lot 101 DP 1113203, Freemantle Road, Gowan

Zone: 1(a) General Rural

BACKGROUND

The subject lot (Lot 101, DP 1113203) was created through the subdivision of Lot 33 DP 750389 and Lot 39 in DP 750409. The site was approved by development application 2006/049 and Subdivision Certificate 46/07 and registered 5 July 2007. The development application and subdivision certificate were issued by Bathurst Regional Council as the consent authority.

The site has been the subject of two (2) previous Development Applications. They include DA 2008/220 for a Recreation Area (Camping and Motor Sport Park) and DA 2011/72 (known as Area 51) for a Recreation Park. A full development assessment was not undertaken on either application with both DAs being withdrawn.

On 31 October 2011 Council received Development Application (DA) 2012/084 for a three (3) lot subdivision. The subject land is located in both Cabonne’s and Bathurst’s LGAs. The application has been lodged in both Cabonne Council and Bathurst Regional Council for assessment.

THE PROPOSAL

The proposal is for a three (3) Lot Torrens Title subdivision of land described as Lot 101 DP 1113203, Freemantle Road, Gowan. The proposal is for a cross boundary subdivision as the land traverses local government areas of both Cabonne Council and Bathurst Regional Council.

Proposed Lot 1 is to have an area of 115 hectares with the proposed building envelope to be located within the Bathurst Regional Council area. The proposed lot is heavily timbered with access via Freemantle Road (controlled by Bathurst Regional Council).

Proposed Lot 2 is to have an area of 139 hectares and will have access off Freemantle Road via an access handle. The proposed site is heavily timbered with the proposed building envelope being located within the Cabonne Council area.

Proposed Lot 3 is to have an area of 960 hectares and is the residual of the property. It is linked to a small section of mostly cleared land on Freemantle Road. The proposed building envelope is located within the Bathurst Regional Council area. Access is via Freemantle Road via an access handle that follows an existing track within the property.

A reciprocal Right of Carriageway is proposed over the access handles for both proposed Lots 2 and 3.

THE SITE

The subject land is located on the western side of Freemantle Road in the parish of Gowan. The site has a total area of 1214 hectares with the land traversing both Cabonne Council and Bathurst Regional Council areas. The land does not currently contain any dwellings and gains access via Freemantle Road (Bathurst Regional Council).

Development Site – Proposed 3 Lot Subdivision of Lot 301 DP 1068911

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. The following assessment is based on the planning provisions that apply to Cabonne Council’s Local Government Area. A separate assessment and determination will need to be made by Bathurst Regional Council. Approval will need to be granted by both councils for the subdivision to proceed; a draft condition of consent is attached that ensures this occurs.

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 under the provisions of the Cabonne Local Environmental Plan (LEP) 1991. The three (3) lot subdivision of land zoned 1(a) General Rural is considered to be permissible with consent from Council under the provisions of Clause 9 of the Cabonne LEP 1991.

Objectives of the 1(a) zone

Council must not grant consent to the carrying out of development unless the Council is satisfied that the development is consistent with the objectives of the relevant zone.

The zone objectives aim, in part, is to promote the proper management and utilization of resources by protecting, enhancing and conserving agricultural land in a manner which sustains its efficient and effective agricultural production potential.

The following comments are provided to each specific objective:-

(a) Protecting, enhancing and conserving:

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

The proposal does fragment rural land; which will substantially impact on any viability of the land as a whole. The existing land has an area of 1214 hectares. The proposal includes for this land to be divided into three (3) lots – 115 hectares, 139 hectares and 960 hectares. Whilst the larger lot may continue to be viable (efficient and effective) it is questionable if the two (2) smaller lots would become anything more than larger lifestyle blocks. For the type of land classification and terrain it would be unlikely that the two (2) smaller lots would ever become efficient and effective agricultural operations.

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

Minimal impact will result from the subdivision proposal. Should any earthworks take place appropriate sediment and erosion control measures will be implemented.

(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 the 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;

The site is located adjacent to a NPWS Reserve. The applicant submitted a preliminary Flora and Fauna assessment which inferred minimal disturbance or impact as a result of the proposed development. No submissions or concerns were raised from NPWS during the notification period.

(vi) Water resources for use in the public interest;

No water use is required for the subdivision development.

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

The applicant has submitted a preliminary Flora and Fauna assessment which infers the proposed development will not impact on any significant habitats or species.

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

The Applicant has indicated in their submission documents that there is no known evidence of aboriginal or archaeological remains on the land. Previous DA (2008/220) for the Recreation Area (Camping and Motorsport Park) on the site did present an Indigenous Heritage Assessment. This report in fact indicated that seven (7) Aboriginal sites were recorded as a result of the assessment which included five (5) open sites, one (1) scarred tree and one (1) isolated find. As such, the Applicant is incorrect in its presentation of facts. Whilst these artifacts are existing on the site the proposed subdivision would have potentially minimal impact on disturbance. The proposal does not relate to any change in activity.

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

The subject land is not identified as prime crop and pasture land and has generally been utilized for grazing purposes only. The Department of Agriculture land classification map identifies the subject site as Class 4-5 land. These classifications identify that the land is suitable for grazing with limited ability to undertake productive agricultural activity.

(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 purposes as a commercial agricultural operation suitable to the locality;

Not applicable.

(d) Facilitating farm adjustments;

The proposal does not represent any adjustment between existing farming operations.

(e) Minimizing costs to the community of:

(i) Fragmented and isolated development of rural land;

(ii) Providing, extending and maintaining public amenities and services;

The proposal for subdivision does not require additional services at this stage. Should applications be received in the future for any dwellings, additional requirements will be assessed upon lodgment of the DA.

(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 the plan applies;

The application would provide for potentially two (2) lifestyle blocks is an isolated location, too small to be a viable agricultural holding.

(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 proposal is for the three (3) lot subdivision of the subject land. The land currently does not contain any dwellings and is used for grazing purposes only. Whilst the proposal does not imply any change to the current use of the land, it does potentially compromise the future use of the land for proposed lots 1 and 2.

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.

The proposal is generally consistent with Clause 10 of the LEP.

Clause 11 – Subdivision of land generally

The primary purpose for which each lot is to be created and intended to be used is for agriculture with the division of land into three (3) separate lots. There is also implied use of the land for the purposes of a dwelling as by the indication of building envelopes for each proposed lot.

This proposal does not seek approval for any dwelling, however gives an indication of the proposed location for a dwelling should permission be sought in the future. Any application for a dwelling would be required to satisfy the provisions of the CLEP and DCP 5 – General Rural Zones. It should be noted any building envelopes for proposed lots 1 and 3 are located in Bathurst Regional Council LGA. The building envelope for proposed lot 2 is located within the Cabonne LGA.

The site does not contain any existing dwellings.

Clause 12 – Subdivision for the purposes of agriculture in Zones 1(a) and 7(c)

The proposal seeks consent for the subdivision of rural land under the provisions of Clause 12(2) of the CLEP 1991.

Proposed Lot 1 – 115 hectares

Proposed Lot 2 – 139 hectares

Proposed Lot 3 – 960 hectares

Clause 12(2) allows for the creation of an allotment of any size if the Council is satisfied that the land will be used for the purposes of agriculture. The land is currently used for the purposes of grazing. The applicant has indicated that the subdivision will still allow the land to be used for the purposes of grazing.

There is an implied use of the land for the purposes of a dwelling and as such all proposed lots are in excess of the 100ha minimum standard.

Clause 23- Bushfire Hazard:

The allotment is identified as being subject to bushfire hazard. The proposal was referred to the NSW RFS as integrated development. The proposal is for the subdivision of land only. Requirements from the NSW RFS have been included as conditions of consent should the application be approved.

REGIONAL ENVIRONMENTAL PLANS

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

STATE ENVIRONMENTAL PLANNING POLICIES

State Environmental Planning Policy No.44 (Koala Habitat Protection) applies to the land.

A Flora and Fauna assessment report has been provided by the Applicant to address koala habitat. The report identifies that “isolated E.albens trees were identified in the study area. E.albens is a listed koala feed species in Schedule 2 of SEPP 44 Koala Habitat protection. To be considered potential koala habitat the trees listed in Schedule 2 of the Act should comprise at least 15% of the total number of trees in the tree component.

As such, the site is not considered to be potential koala habitat as listed koala feed trees comprise less than 15% of the total tree component. The number of koala feed trees on the site is insufficient to sustain a resident koala population long term. The study is not considered core koala habitat as it is unlikely to encompass a resident koala population. It should be noted however, that the NPWS Atlas has identified a recent siting in the area.

The proposal is considered to be consistent with the SEPP.

State Environmental Planning Policy No.55 – Remediation of Land applies to the land.

Council must consider whether the land is contaminated before granting consent to any DA. A site inspection and desktop assessment did not reveal any reason for the land to be contaminated. The proposed development is considered adequate.

State Environmental Planning Policy (Rural Lands) 2008

Cl 7: The proposal is not considered to be unsympathetic with the principles listed in Part 2 of the SEPP.

Cl 8: The proposal is inconsistent with the rural subdivision principles.

The proposal will fragment the existing agricultural holding. Whilst the applicant indicates that the land use will not change the proposal for three (3) unusual shaped lots for the purpose of providing building envelopes for dwellings at a later date will fragment what is existing with potential for land use conflict.

The natural and physical constraints to the site further provides evidence of the sites inability to provide for adequate areas for building envelopes. As a result, the application proposes irregular shaped lots with a reciprocal Right of Carriageway proposed over the access handles for both proposed Lots 2 and 3.

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 5 – General Rural Zones applies to this land. The proposal is not inconsistent with the provisions of the DCP.

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)

Amenity:

The development would have minimal effect on visual amenity in the locality. Noise levels would also be unaffected. The amenity of traffic impact would be marginally affected with potentially 2 additional lots to be serviced for access purposes via a right of carriageway.

Context and Setting:

The surrounding area is characterised by agricultural holdings in the rural area of Gowan. The terrain makes the capacity for agricultural productivity difficult on smaller holdings. Grazing would be the most appropriate agricultural use for the area. Whilst there may be minimal impact on views and vistas as a result of the proposed subdivision and no appearance in the change of use of the land (ie grazing), the agricultural potential for 2 of the three proposed lots would be questionable.

Lot size and shape:

The proposed lots are not regular in shape and dimension. The irregular shape appears to have been designed in order to identify building envelopes for potential future houses and for access purposes. More consideration should have been given to lot design and shape with appropriate access provisions.

Access, Transport and Traffic:

Access to the existing site is currently gained via an existing access point off Freemantle Road which is identified as a “local” road under the control of Bathurst Regional Council. Access for proposed Lot 1 will be via Freemantle Road. Access specifications will be undertaken by Bathurst Regional Council as the road is located within the jurisdiction of Bathurst LGA.

Proposed lots 2 & 3 will also have access off Freemantle Road. Access will need to comply with specifications from Bathurst Regional Council. A reciprocal Right of Carriageway is proposed over the access handle for both proposed lots 2 & 3.

A Council road is identified as traversing the site running north-west to south-east through the allotment.

Additional traffic generation is considered to be minimal for the proposed development. Additional movements may occur should dwellings be associated with the land. These additional vehicle movements would be taken into consideration at DA stage for any future dwellings.

Public Domain:

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

Utilities:

The proposal for subdivision of land does not generate any further servicing requirement at this stage. Any future DA for a dwelling would be required to demonstrate adequate servicing from the relevant electricity and telecommunications authorities.

Heritage:

The subject land is not listed as a heritage item in Schedule 1 of the Cabonne LEP 1991, and is not identified as an area of heritage conservation. It is noted however, that the adjacent Freemantle Nature Reserve is listed on the Australian Heritage Commission register.

Other land resources:

The proposal will impact on the agricultural potential of the proposed smaller lots. Whilst the larger lot of 960 hectares may continue to be used for grazing purposes and be economically viable, the proposed smaller lots are not considered to be economically viable and as such will become nothing more than larger lifestyle lots. The fragmentation of agricultural land and the protecting, enhancing and conserving of agricultural land does not meet in part the objective of the general rural zone.

Water:

The subject site does not have access to the local Authority’s reticulated water supply. DCP 5 – General Rural Zones requires the demonstration of sufficient water supply for each lot should a dwelling be proposed. Conditions relating to water supply would be assessed at DA stage for the dwelling.

Soils:

The proposal is not considered to have any impact on soil conservation. Where soil disturbance is required for access construction and service provision, erosion and sediment control measures will be required to be implemented.

Flora and Fauna:

Due to nature of the site and its proximity to adjoining land owned by NPWS the Applicant has submitted a Flora and Fauna assessment of the areas to be potentially impacted by the proposed subdivision. The impact of the proposed development on threatened species or endangered flora and fauna, their populations, habitat and ecological communities which may occur on the site was assessed in accordance with Section 5A of the EP & A Act 1979 and EPBC Act considerations. No significant impact on threatened or endangered flora and fauna species which occur or have potential to occur was determined in the assessment considerations. It is noted that the LMPA has identified the importance of complying with the Threatened Species Conservation Act, 1995 and SEPP 44 – Koala Habitat.

In addition, the proposal does not include the removal of any existing vegetation on the site.

Natural Hazards

The subject land is identified as being bushfire prone land. The proposal was referred to the NSW RFS as integrated development. Their requirements have been included as draft conditions of consent. In addition the applicant has provided a Bushfire Management Plan for each proposed dwelling site (building envelope) undertaken by Envirowest Consulting Pty Ltd. Should a dwelling be proposed in the future, bushfire risk will be assessed at the time of application and would be required to comply with the requirements of Planning for Bushfire Protection 2006 or as amended.

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

The subject site is located within the area of Gowan on land zoned 1(a) General Rural complies with the LEP and DCP 5 – General Rural Zones. Adequate arrangements can be made for access. The applicant has indicated that there will be no immediate change in use of the land and it will continue to be used for the purposes of grazing. Whilst there is an implied intention for the erection of a dwelling by the presence of building envelopes on the submitted plans, no approval for a dwelling is given by this application. A separate application would be required to be submitted and would need to comply with council’s current planning provisions (CLEP and DCP 5). The proposed development will have minimal impact upon adjoining properties, land uses, views and vistas. On this basis, the subject site is considered suitable for the proposed development.

DEVELOPMENT CONTRIBUTIONS

Development contributions (S94 Contributions) do apply to the proposed development. As the proposal is a cross boundary subdivision and access to the site falls within the Bathurst Regional Council area, Cabonne Council will not be imposing any S94 Road Contributions for the proposed development.

The proposal will however be subject to S94 Bushfire Services. The proposal has been assessed by Council’s Development Engineer with a contribution of $3105.90 towards the improvement of bushfire services and amenities for The Ponds Bushfire Brigade. A draft condition of consent has been included.

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

The proposed development was neighbourhood notified for an initial period of 14 days. An extension of an additional 14 days was requested and subsequently approved with a total of three (3) submissions being received.

The submissions raised the following concerns:-

1. That the proposed subdivision will impact upon the existing corridor for native fauna and flora.

2. Increase of local traffic which is unsuitable for both Gowan Road and Freemantle Road.

3. The proposal is a clandestine way of gaining approval for the Motorsport Park.

4. Too far from Cabonne Council to ensure that all rules and regulations will be followed. The submission notes that a precedent was set with a subdivision proposal on Freemantle Road refused due to the remoteness of the site.

5. Increased bushfire risk due to increased human activities

6. Only one access road in and out of the bushfire prone area.

7. Bathurst Council will bear the costs of increased usage, but gain no income from rates.

8. Weed infestation

9. The break up of a viable agricultural block and limits its usage for agricultural pursuits.

10. Any crown roads that provide access to Lot 101 DP 1113203 should not be included in any approvals for development by council.

In response to the issues raised in the submissions, the following information is provided:-

1. SEPP 44 has been addressed in the planning assessment and the applicant has also provided as supplementary documentation a flora and fauna assessment. No significant impact on threatened or endangered flora and fauna species which occur or have potential to occur was determined in the assessment considerations.

2. The submissions noted increased local traffic on which the Gowan and Freemantle roads are unsuitable. The proposed access points for the subdivision are via Freemantle Road and not Gowan Road. Upgrading of Freemantle Road and contributions for roads have been assessed by Bathurst Regional Council as the land is in their jurisdiction.

3. Concern that the proposal is a clandestine way of gaining approval for the Motorsport Park. This proposal is for the subdivision of land only. There have been two (2) previous proposals for this site for a Motorsport Park which was controversial amongst the community. Council are unable to assess or refuse an application based on what may or may not occur in the future. This point is not a matter for consideration under section 79C of the EP&A Act, 1979.

4. One submission highlights that a similar subdivision was refused due to the sites remoteness. A search of council’s database for previous DA’s indicates that three (3) DA’s were submitted for land along Freemantle Road. DA 2010/128 (Uren) was for a 2 lot subdivision along Freemantle Road. The application was not determined but in fact withdrawn. DA 2007/31 (Uren) was refused by Council in February 2007 in part due to non compliance with access specifications and with non-compliance with the provisions of NSW Rural Fire Service “Planning for Bushfire Protection” 2001. Additional reasons for refusal states the proposal does not satisfy the objectives (a) and (e) of the General Rural Zone of the CLEP 1991. DA 2007/117 (Framp) was for a two (2) lot subdivision and was approved by the Land and Environment Court in 2008.

5. Concern has also been raised for bushfire risk due to increased human activities. The proposal relates only to the subdivision of land. The proposal was referred to the NSW RFS for assessment. Their requirements have been addressed as conditions of consent.

6. Concern was also raised that there is only one access road into and out of the site. The area was identified as being subject to bushfire hazard and as such requires integrated approval from the NSW RFS. The development was referred for assessment and concurrence granted under Section 100B of the Rural Fires Act, 1997. Conditions are set out in the Public Authority Consultation Section.

7. As the development proposal is a cross boundary application, access comes under the jurisdiction of Bathurst Regional Council. S94 contributions for roads will be assessed by Bathurst and any monies will be held in trust for Freemantle Road. Part of the land also falls within the boundaries of Bathurst Regional Council and as such rates would be applicable to both Bathurst and Cabonne council areas.

8. It is noted that there is concern about weed infestation. The proposal was referred to Council’s Noxious Weed Officer as part of the assessment process. The referral noted that there are no current weed control notices on this land. However, this property has had a history of notices over a long period of time due to very infestations of serrated tussock, blackberry and biddy bush.

9. The breakup of viable agricultural land is an identified objective of the 1(a) General Rural zone. The proposed subdivision will fragment the existing agricultural operation. Whilst proposed lot 3 will have an area of 960 hectares and may still be a viable operation, it is questionable whether the small lots of 115 and 139 hectares would ever be viable in their own right as an agricultural operation. As such, the two (2) small lots will fragment the existing holding, creating inappropriate shaped and sized lots and become nothing more than larger lifestyle blocks.

10. No access to Lot 101 DP 1113203 is identified as being a crown road.

Public Authority Consultation

The subject application was required to be referred to NSW Rural Fire Service for assessment.

Integrated development approval has been granted under Section 100B of the Rural Fires Act 1997 subject to the following conditions:-

1. The development proposal is to comply with the subdivision layout identified on the drawing prepared by Anthony Daintith numbered 2011-095D3, Sheet 2 of 2, dated 8 August 2011.

General Advice

This approval is for the subdivision of the land only. Any further development application for class 1,2 & 3 buildings as identified by the ‘Building Code of Australia’ must be subject to separate application under Section 79BA of the EP & A Act and address the requirements of ‘Planning for Bush Fire Protection 2006’.

The application was also referred to the LMPA who provided the following reference points:-

1. Any crown roads that provide access to lot 101 DP 1113203 should not be included in any approvals for development by the council.

2. No impact on the crown estate should occur with this development proposal.

3. Threatened Species Conservation Act 1995 and SEPP 44-Koala Habitat should be considered prior to any approvals.

To address the above concerns, Council provides the following comment:-

1. No access will be provided via any crown road. Access will be via Freemantle Road only.

2. The proposed development is not considered to impact upon the crown estate in any way.

3. The proposal has been assessed in accordance with SEPP 44. In addition, the Applicant has provided a preliminary Flora and Fauna Report assessing the areas on the site likely to be impacted by the development for key habitats or threatened species.

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 relates to a three (3) lot subdivision of land on Lot 101 DP 1113203, Freemantle Road, Gowan. It should also be noted that the proposal was required to be submitted to Bathurst Regional Council for approval as the site traverses both Cabonne and Bathurst LGA. Further Bathurst Regional Council has issued development consent for land in their jurisdiction. The approval by Bathurst Regional Council has the potential for two (2) additional dwellings within their LGA. A Section 79C assessment of the development proposal has been undertaken. Numerically the proposal may comply with Council provisions however there is concern with the proposed number, shape and size of the proposed lots and the proposed access. Unresolved issues from the received submissions require delegation above those of the Director of Environmental Services and as such is being referred to Council to determine the matter. Three options can be considered in Council’s determination. They are as follows:-

1. Approve the Development Application as it stands. A draft notice of approval is attached for your assistance in consideration.

2. Refuse the Development Application.

3. Defer the decision and request a redesign which would delete the isolated building envelope of proposed Lot 3. Consideration for reducing the number of lifestyle blocks of 100 hectares to one (1) lot should also be undertaken.

It is suggested that Option 3 be considered by Council.

ITEM 29 - EUGOWRA MURAL PROJECT

REPORT IN BRIEF

Reason For Report	Proposed Mural Project for Eugowra
Policy Implications	Nil - noting development consent would be required for some sites
Budget Implications	Nil
Annexures	1. Extract of Eugowra Mural Project Proposal
File Number	\OFFICIAL RECORDS LIBRARY\ECONOMIC DEVELOPMENT\LIAISON\EUGOWRA PROMOTION and PROGRESS ASSOCIATION - 307364

Recommendation

THAT:

1. Council note the information regarding the proposed Eugowra Mural Project, and

2. Support the innovation of the Eugowra Promotions and Progress Association by encouraging lodgment of a development application for the whole project,

3. Assist the Eugowra community by providing ongoing assistance and advice from council staff and council’s heritage advisor, and

4. Consider opportunities to financially contribute to the project.

Director of Environmental Services' REPORT

The following correspondence has been received from the Eugowra Promotions and Progress Association, regarding a village wide proposal to implements a mural project:

‘The Eugowra Promotion and Progress Association Inc. propose to commence a mural project within the township of Eugowra, with the intention of having a variation of nostalgic hand painted murals and old fashioned advertisements on various key locations throughout the township. Each artwork will be designed and completed to compliment the heritage components of the town. Various artworks will depict the colonial aspect of Australian life and historic events of Eugowra.

We believe this project to be of great importance for the community of Eugowra and trust that you will appreciate the value and benefits this will provide Eugowra through increased tourism to the area. Other small historic towns such as: Kurri Kurri, (Hunter Valley), Sheffield (Tasmania) & Portland (NSW) have used beautiful handcrafted murals and artwork throughout their townships to strongly established themselves as a town to visit. We believe the artworks proposed will masterfully share the many colourful stories of Eugowra’s past with all members of the community and visitors who will delight in the pictorials.

Some suggested themes for murals are:

· Bushranger theme- “Escort Rock Gold Robbery”

· Eugowra’s sawmills

· Wilf Norris and his working draught horses

· Colonial life of everyday families

· Pioneering women

· School life in colonial times

· Waltzing Matilda

· Chaff cutting and rural work

· The “Brave heart wagon”

· Eugowra granite

· Aboriginal themes (Eugowra schools)

Amongst the collection of intended murals, the primary design is one which will depict the biggest gold robbery of the gold rush era, which took place at Escort rock in Eugowra on the 15^th June 1862. It will take pride of place in the heart of town, on the newsagency and supermarket wall and will be accompanied by a detailed record of the historic events of that day, as supplied by Glenn Mickle (Cabonne Council).

Complementing this featured mural, the additional array of artwork will be scattered strategically throughout the town’s other buildings, conjuring a feeling of nostalgia, and creating a welcoming atmosphere in the reflection of artwork that most find alluring and unforgettable. At the same time, the Eugowra schools are seeking approval to paint Aboriginal themes on removable steel panels, to be attached to the eastern wall of the Apex Pioneer Park toilet block, above flood height.

In order to complete this project to its greatest potential, and to ensure the absolute quality of workmanship and detail required, it is proposed that this will take considerable time and shall be achieved over an ongoing period, possibly spanning a number of years until the proposed works are completed. It is intended to commence this proposal by hosting a three day working bee, we have called Eugowra’s Most Wanted mural.

This is achieved by the Eugowra Promotion and Progress Association Inc. extending an invitation to a multitude of professional, traditional signwriters and artists from throughout the state, who will attend three days in Eugowra to unleash their creative skills and talent to produce the nostalgic hand painted murals and old fashioned advertisements during the weekend of Friday 11^th, Saturday 12^th and Sunday the 13^th May 2012 and are open to the possibility of returning on alternate future dates to continue with the task at hand to deliver the community of Eugowra with a collection of tasteful, appealing and incredible artwork that we would be truly privileged to receive.

A key element of this particular is the generosity and enthusiasm of all participating signwriters and artists, who are prepared to come forth and contribute their time, energy and invaluable talent on a voluntary basis in their support of our vision for Eugowra.

Attached are a collection of drafts for the proposed murals and artwork for these projects. Please be advised that due to the creative nature of this project, the presented artwork is a generalised indication of the finished works and that the completed artworks may vary from these initial drafts provided, as artistic license prevails throughout the completion of a work. You may be assured any changes applied will only be to further enhance the end result of the mural and better represent the story to be told whilst always maintaining the importance of the history and heritage of Eugowra.

We have sought permission from the building owners, having explained to each owner the proposal for works as stated above and requested authorisation for the artworks to be completed. Signed permission forms from the building owners will be submitted in due course.

In view of the limited time available prior to the proposed commencement of work we request Council’s urgent consideration for approval.’

The mural concept for Eugowra provides an innovative approach to revitalizing the streetscape and promoting heritage tourism. The group has been utilizing historic photos of the main street to identify styles of sign writing used on the early 20^th century businesses. The project reflects art work mural themed around the area’s history as well as reinstating business signage consistent with the heritage significance of key business premises.

AS has been previously discussed with Eugowra’s Clr Hyde, replacement of existing signage, or signage that complies with the State Environmental Planning Policies will not require development consent, however the large mural and new signage will require development consent. An application has recently been lodged for approval of the main mural. It has been suggested to the group that instead of lodging a series of further development applications that an overall concept plan be developed and a single development application be submitted covering each of the selected properties. The correspondence above provides the background details on the mural project. Council’s Heritage Advisor has already been provided with a copy of the proposal and will provide guidance to the community on materials conservation and urban design matters.

It is suggested that council support the innovation of the Eugowra Promotions and Progress Association and assist with the project by encouraging lodgment of a development application for the whole project, assist with ongoing advice from council staff and heritage advisor, and consider opportunities to financially contribute to the project.

ITEM 30 - DEVELOPMENT APPLICATION 2005/123 - 5 LOT SUBDIVISION OF LAND OFF FREEMANTLE ROAD, GOWAN

REPORT IN BRIEF

Reason For Report	Report following on-site inspection meeting.
Policy Implications	Nil
Budget Implications	Nil
Annexures	Nil
File Number	\Development Applications\DEVELOPMENT APPLICATION\2005\03-2005-0123 - 307417

Recommendation

THAT:

1. The information be noted, and

2. No further action be taken.

Director of Environmental Services' REPORT

The council at its meeting of 19 March 2012 discussed a matter relating to access to an approved 5 lot subdivision of land located off Freemantle Road, and resolved as follows:

1. Put the matter on hold until councillors and senior staff have an onsite meeting on April Committees meeting day.

2. Receive a further report to the April Council meeting.

Councillors and staff carried out a site inspection on 2 April. It was noted that the ROW and track in use access to the allotments provided legal and formed access to Freemantle Road. The tracks and ROW are wholly located upon private land.

It was noted that the maintenance of the tracks in use and ROW was the responsibility of the landowners accessing the corridors. It was also noted that the subdivision s88b instrument specified maintenance for a section of the access, while the Conveyancing Act provided a legal framework for allocation of maintenance costs to the remainder of the accessway. It was further noted that the access via ROW and track in use over this land was historic and predated the subdivision. Landowners had more recently signed an agreement to relocate part of the ROW clear of the Woolnut Station house (this being the area of ROW that was now in dispute).

ITEM 31 - PROPOSED EXTENSION TO CANOWINDRA PRE SCHOOL FACILITIES - DA 2012/110

REPORT IN BRIEF

Reason For Report	For council's consideration
Policy Implications	Nil
Budget Implications	Building alterations and additions proposed to a council asset - possible future maintenance costs
Annexures	Nil
File Number	\Development Applications\DEVELOPMENT APPLICATION\2012\03-2012-0110 - 307465

Recommendation

THAT Council grant owner’s consent to the lodgement of DA 2012/110 for alterations and additions to the Canowindra Pre School located upon Lots 1 and 2 Section 3 DP 978016 Ryall Street, Canowindra.

Director of Environmental Services' REPORT

A development application has been lodged by the Canowindra Pre School for alterations and additions to their premises located in Ryall Street, Canowindra. The subject land is described as Lots 1 and 2 Section 3 DP 978016 and is land owned by Council but operated by the Canowindra Pre School.

It is proposed to extend the existing preschool building 13.2m creating an additional 103sq.m of internal floor space with an additional 8.4sq.m of external verandah. The proposed additions are intended to allow for more functional use of the facility and to provide more storage and staff respite area plus cater for the occasional care of young babies. The proposed extension has been designed with a low profile to blend in with the existing built environment with all proposed finishes to match the existing building. The Statement of Environmental Effects has referenced no change to operations stating existing hours and days of operation are to remain the same.

The cost of the proposed development/works is $110,000 and is to be funded by the Pre School. The development application has been submitted on behalf of the Pre-school, signed by the president and the secretary. Council, however, as landowner is required to be notified of the proposal and to consent to the lodgment of the application. The application does not include any reference to prior consultation with council regarding the proposal to carry out alterations and extensions to a council owned facility / site. The proposed changes to a council asset may impact upon council’s financial responsibilities to the site in future years.

Council’s support for the lodgment of the development application is sought. The planning assessment can then be finalised under the council’s planning delegations extended to the General Manager.

ITEM 32 - BUSINESS PAPER ITEMS FOR NOTING

REPORT IN BRIEF

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
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\PROCEDURES - 307982

Recommendation

THAT:

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

2. The balance of the items be noted.

General Manager's REPORT

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

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

ITEM 33 - 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 Meeting Practice Poilcy
Budget Implications	Nil
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\NOTICES - MEETINGS - 307984

Recommendation

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

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.

ITEM 1 - INVESTMENTS & RATES SUMMARIES

REPORT IN BRIEF

Reason For Report	Information provided in relation to investment and rates
Policy Implications	Nil
Budget Implications	Nil
Annexures	1. Business Paper Investment Schedule Mar 2012
File Number	\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\FINANCIAL REPORTING - 307326

Director of Finance and Corporate Services' REPORT

Statement of Investments.

The Statement of Investments to 29^th February 2012

Rate Collection Summary.

Unavailable due to computer software upgrade.

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 of Code of Conduct complaints.
Policy Implications	Nil
Budget Implications	Nil
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\CODE OF CONDUCT - 306183

General Manager's REPORT

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

a) number of complaints received,

b) nature of the issues raised by complainants, and

c) outcomes of complaints.

This report covers the period from 1 January 2012 to 31 March 2012.

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

Nature of Complaint	Outcome
Alleged breach of code of conduct by staff member.	Determined by Independent Reviewer - no breach indicated.
Alleged breach of code of conduct by Councillors.	Determined by Independent Reviewer - no breach indicated

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
Annexures	1. Report to Council April 2012 WBC
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - BUSINESS PAPERS - 2012 - 306846

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

· Shared Services Project

· A good example of Alliance Cooperation

· Joint new councillor Induction Program

· Upcoming events

ITEM 4 - LOCAL GOVERNMENT REVIEW PANEL

REPORT IN BRIEF

Reason For Report	To advise Council of the establishment of the Local Government Review Panel
Policy Implications	Nil
Budget Implications	Nil
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNMENT RELATIONS\LOCAL AND REGIONAL LIAISON\DIVISION OF LOCAL GOVERNMENT - 307316

General Manager's REPORT

Council has already been advised of the Local Government Review Panel when the announcement was made by the Minister. The following is presented for Council’s information.

Overview

Following the approach from the LGSA, the NSW Minister for Local Government has agreed to appoint a three member panel to develop options to improve the strength and effectiveness of Local Government in NSW. The review will drive key strategic directions identified in the Destination 2036 initiative and support the broader objectives of the State as outlined in NSW 2012: A Plan to Make NSW Number One (the State Plan).

The panel will investigate and identify options for governance models, structural arrangements and boundary changes for Local Government in NSW, taking into consideration:

· Ability to support the current and future needs of local communities.

· Ability to deliver services and infrastructure efficiently effectively and in a timely manner.

· The financial sustainability of each Local Government Area.

· Ability for local representation and decision making.

· Barriers and incentives to encourage voluntary boundary changes.

Comment by General Manager

Council, because of its innovation and contribution to the WBC Strategic Alliance, its involvement with CENTROC, its financial sustainability and provision of asset renewal is in a strong position to respond to the issues of Destination 2036 and the Local Government Review Panel.

It is believed that at the appropriate time Council should make a submission to the panel, outlining its position in relation to local government reform. Further reports to Council in relation to the Review Panel’s activities will be presented as they come to hand.

ITEM 5 - LOCAL GOVERNMENT (GENERAL) AMENDMENT (ELECTION PROCEDURES) REGULATION 2012

REPORT IN BRIEF

Reason For Report	Advising of Legislative amendments
Policy Implications	Nil
Budget Implications	Nil
Annexures	1. Amendments to the Local Government (General) Regulation 2005
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNMENT RELATIONS\LEGISLATION\REGULATIONS - 306218

Administration Manager's REPORT

The purpose of this report is to advise council of the Local Government (General) Amendment (Election Procedures) Regulation 2012 which took effect on 24 February 2012.

The object of the Regulation is to amend the Local Government (General) Regulation 2005 for the purpose of:

1. making various provisions of the Regulation consistent with corresponding provisions that regulate State elections under the Parliamentary Electorates and Elections Act 1912,

2. requiring paid electoral advertisements published on the internet during the regulated period for an election to show the name and address of the person who authorised the advertisement (in a similar manner to the requirement relating to other electoral material in clause 356G of the Principal Regulation and the requirement relating to internet advertising in section 328A of the Commonwealth Electoral Act 1918),

3. making other miscellaneous amendments of a minor or machinery nature.

A more detailed explanation of the amendments is annexed for the information of councillors.

ITEM 6 - LOCAL GOVERNMENT ELECTIONS 2012 - Advice OF SIGNIFICANT CHANGES TO ELECTION FUNDING EXPENDITURE AND DISCLOSURES ACT 1981

REPORT IN BRIEF

Reason For Report	Information for currently elected councillors and candidates for the 2012 elections
Policy Implications	Nil
Budget Implications	Nil
Annexures	1. EFA Funding Summary April report
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\ELECTIONS\LOCAL GOVERNMENT ELECTIONS - 305273

Administration Manager's REPORT

As Councillors are aware, the 2012 Local Government elections are fast approaching. The Election Funding Authority of NSW (the EFA) has advised that there are significant changes to the Election Funding Expenditure, and Disclosures Act 1981 (the Act) since the previous elections were conducted in 2008.

Annexed please find a summary of changes to the Act as provided by the EFA which councillors and candidates for the 2012 election are required to be aware of.

The EFA is seeking to inform candidates and their official agents, as well as our other stakeholders, of their obligations in order to comply with the Act.

The EFA will be undertaking a State-wide tour of Local Government Areas presenting free seminars for candidates and their official agents. Seminars will be held in May, June and July, details of which can be found on the EFA website www.efa.nsw.gov.au.

Whilst advertisements will be placed in rural, regional and metropolitan newspapers promoting the seminars councillors are advised that seminars already being advertised on the EFA website in this area include:

Bathurst - Thursday, 10 May 2012

5pm - 8pm Bathurst Memorial Entertainment Centre

105 William Street, Bathurst, 2795

Dubbo - Monday, 7 May 2012

5pm - 8pm Dubbo City Council

Central Conference Room, Corner Darling and Church Street, Dubbo, 2380

Forbes - Wednesday, 9 May 2012

5pm - 8pm Jemalong Regional Education Centre

40 Church Street, Forbes, 2871

Orange - Tuesday, 8 May 2012

5pm - 8pm Orange Ex-Serviceman’s Club

Moresby Room, 231-243 Anson St, Orange, 2800

The EFA has implemented a subscription service to provide updates and other relevant information for stakeholders that opt in. The subscription service is available on the EFA’s website.

Councillors are made aware that as attendance at these seminars is for all candidates any travel expenses incurred by current councillors are not claimable as “authorised business of Council”.

ITEM 7 - ROYAL HOTEL PARKING CANOWINDRA

REPORT IN BRIEF

Reason For Report	Report on the investigation of parking at the rear of the Royal Hotel, Canowindra.
Policy Implications	Nil
Budget Implications	Staff time for survey and development of concept plans.
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\TRAFFIC AND TRANSPORT\DESIGN AND CONSTRUCTION\CARPARKS - 307151

Director of Engineering and Technical Services' REPORT

Council’s Director of Engineering and Technical Services met with the proprietor of the Royal Hotel to discuss the possibility of developing the area to the rear of the Hotel as a public car parking area.

The subject land is at the rear of the Hotel and adjacent to the road in use and outlined in the plan below.

The Director indicated Council staff would prepare a concept plan for the car parking area.

Council should note there are a number of issues that would need to be considered, they include;

1. Vehicle access to Gaskill Street is not desirable due to restricted sight distance and conflict with pedestrians.

2. The road in use adjacent to the railway line is on Railway Reserve.

3. Tree clearing

4. Legal access.

ITEM 8 - Request for Funding for Eastern Area Review

REPORT IN BRIEF

Reason For Report	Research on Funding Opportunities for Eastern Area Review
Policy Implications	Nil
Budget Implications	Council will need to rely on its own funding for this project at this time.
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\LAND USE AND PLANNING\PLANNING\CABONNE LEP REVIEW - 307068

Principal Strategic (WBC Alliance) Planner's REPORT

The resolution of Item 31 – Eastern Area Rural Residential Strategy of the November 2011 Ordinary Council Meeting was that ‘Council authorise the General Manager to seek grants to fund this project’.

Council’s Strategic Planner sent letters to the Department of Planning & Infrastructure (‘DP&I’) and to the Regional Development Australia dated 14 February 2012 requesting a review of funding opportunities for the Eastern Area Rural Residential Strategy.

A letter has been received dated 15 March 2012 from DP&I that states that the primary opportunity for funding from the Department is the Planning Reform Fund (‘PRF’) Program. The next round of the PRF Program (Round 8) is not yet scheduled.

However, the Department’s funding assistance is often prioritised to Councils that have not received funding previously and Cabonne Council has already received two rounds of funding in addition to Local Environmental Plan Acceleration Funding. This letter suggests there are no guarantees that Council would be able to receive funding from the Department and no timeframes in which funding opportunities may arise but all applications will be assessed against the criteria established at the time.

The Department also reiterated that the any review in the eastern area would need to address why the land identified in the Sub-Regional Rural & Industrial Land Use Strategy is not adequately located or sufficient and address the significant planning constraints to residential expansion in the eastern areas of Cabonne in proximity to Orange.

Council’s Strategic Planner has had telephone discussions with Regional Development Australia and was verbally advised that they will look out for funding opportunities on behalf of Council but are unaware of any opportunities at this time.

ITEM 9 - GASWORKS SITE REMEDIATION UPDATE

REPORT IN BRIEF

Reason For Report	To inform the Council of the progress made with remediation of the gasworks site and relocation of the girder structure
Policy Implications	Nil
Budget Implications	Nil
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\COUNCIL PROPERTIES\MAINTENANCE\MOLONG GASWORKS - 307469

Senior Environmental Services Officer REPORT

As requested by the General Manager the following report is provided to update Councillors on the Gasworks site remediation.

The Tender document for the Gasworks Remediation is to be completed before the end of April, and it has been written in an endeavour to keep the total project cost down.

The Tender will go out with a 4-week deadline, after which Council staff will review the tenders and report to Council on a preferred tenderer.

There is no timeframe set by the Environmental Trust on the $500,000 granted to Council. An estimated completion date of 30 June 2012 was indicated to Council in August 2011.

Based on remediation works by various Tenderers in other Council areas, Council may expect that the Gasworks site would be available for its next use around the end of September 2012.

Before the successful Tenderer commences work, Council staff will have safely disassembled and removed the gasometer girder structure for storage pending its re-erection as a possible tourist attraction on the block of railway land in Watson Street.

Negotiations to lease that land have been delayed, due to the wet weather and workload on Council staff, and the transfer of previous rail assets to the John Holland Group. Negotiations have taken place with ARTC, the Australian Rail Track Corporation, but could not quite finalise matters before the asset transfers occurred, and, for a period, it was uncertain with whom Council should deal with in the John Holland Group.

ITEM 10 - Resolutions Register - InfoCouncil - Outstanding Actions

REPORT IN BRIEF

Reason For Report	To provide Council with a report of outstanding actions resulting from May 2009 to last month's Council and Committee meetings.
Policy Implications	Nil
Budget Implications	Nil
Annexures	1. Council 2. Community Services 3. ED&T 4. Environmental Services 5. Land Development 6. Works
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\RESOLUTION REGISTER - 308053

Administration Manager's REPORT

InfoCouncil generated reports are provided including May 2009 to March 2012 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.

Version Date (Draft or Council Meeting date)	[5 March 2012]
Author	Road and Traffic Assets Coordinator
Owner (Relevant director)	Director of Engineering and Technical Services
Status – Draft, Approved, Adopted by Council, Superseded or Withdrawn	Draft
Next Review Date	Within 12 months of Council being elected
Minute number (once adopted by Council)	tba

Title	Date Approved	Signature
Director of Engineering & Technical Services