GENERAL MANAGER’S REPORT ON MATTERS FOR DETERMINATION SUBMITTED TO THE Ordinary Council Meeting TO BE HELD ON Monday 21 May, 2012

Page 1

TABLE OF CONTENTS

 

 

 

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

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

ITEM 3      DECLARATIONS FOR POLITICAL DONATIONS.......................... 5

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

ITEM 5      GROUPING OF REPORT ADOPTION.............................................. 6

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

ITEM 7      ECONOMIC DEVELOPMENT & TOURISM COMMITTEE MEETING 7

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

ITEM 9      WORKS COMMITTEE MEETING ...................................................... 8

ITEM 10    ENVIRONMENTAL SERVICES AND SUSTAINABILITY COMMITTEE MEETING................................................................................................................... 9

ITEM 11    TRAFFIC COMMITTEE 26 APRIL 2012............................................ 9

ITEM 12    YEOVAL WATER SUPPLY LICENCE AGREEMENT.................. 11

ITEM 13    EXCLUSIVE LICENCE TO QUARRY.............................................. 12

ITEM 14    ALGA BUDGET SUBMISSION 2012-2013..................................... 13

ITEM 15    FLOOD INSURANCE MATTERS..................................................... 15

ITEM 16    LOCAL GOVERNMENT & SHIRES ASSOCIATION - ONE ASSOCIATION        18

ITEM 17    CODE OF CONDUCT REVIEW ....................................................... 19

ITEM 18    DONATIONS EQUAL TO THE REFUNDING OF COUNCIL DA FEES AND CHARGES POLICY............................................................................. 20

ITEM 19    NOTICE OF RESCISSION MOTION - ITEM 28 APRIL COUNCIL MEETING      22

ITEM 20    Quarterly Budget Review for period from 01/01/2012 to 31/03/2012................................................................................................................. 23

ITEM 21    CABONNE COUNCIL DRAFT TOURISM PLAN 2012/13 TO 2021/22         27

ITEM 22    MOLONG WATER SUPPLY EMERGENCY DROUGHT SOURCE 29

ITEM 23    FINANCIAL ASSISTANCE TO MANILDRA SHOWGROUND TRUST        30

ITEM 24    AMSAG FORBES/CABONNE RALLY............................................ 32

ITEM 25    3 lot subdivision Lot 101 DP 1113203, Freemantle Road, Gowan.  33

ITEM 26    BUSINESS PAPER ITEMS FOR NOTING...................................... 48

ITEM 27    QUESTIONS FOR NEXT MEETING................................................ 48

Confidential Items

 

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

 

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

Procedural

ITEM 2      ECONOMIC DEVELOPMENT PROPOSAL

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

ITEM 3      COUNCIL OWNED OFFICE AT 70A GASKILL STREET CANOWINDRA - LEASE

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

ITEM 4      MOLONG GELATO FACTORY

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

ITEM 5      PROPOSED SALE OF LAND AT LONGS CORNER ESTATE CANOWINDRA

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

ITEM 6      MOLONG VOLUNTARY PURCHASE SCHEME

(d) (iii) commercial information of a confidential nature that would, if disclosed, reveal a trade secret

ITEM 7      LAND DEVELOPMENT SUB COMMITTEE MEETING

Procedural

ITEM 8      QUARRY REVIEW COMMITTEE MEETING MINUTES

Procedural   

 

ANNEXURE ITEMS

 

ANNEXURE 6.1    April 16  2012 Ordinary Council minutes......... 50

ANNEXURE 6.2    April 30  2012 Extraordinary Council Minutes 64

ANNEXURE 6.3    May 7  2012 Extraordinary Council Minutes. 67

ANNEXURE 7.1    May Economic Development and Tourism Committee Minutes................................................................................. 70

ANNEXURE 8.1    May Community Services Minutes....................... 75

ANNEXURE 9.1    May Works committee minutes............................. 78

ANNEXURE 10.1  May Environmental Services and Sustainability Committee Minutes................................................................................. 84

ANNEXURE 11.2  TRAFFIC COMMITTEE 2012 04 26 - MINUTES.docx. 88

ANNEXURE 20.1  Reserves List for March  2012  QBR  Final.xlsx    92

ANNEXURE 20.2  March 2012 Quarterly Budget Review............. 96

ANNEXURE 25.1  Existing Site Plan........................................................ 114

ANNEXURE 25.2  Proposed Subdivision Layout............................. 115

ANNEXURE 25.3  Submissions.................................................................... 116

ANNEXURE 25.4  Draft Conditions of Approval........................... 126

ANNEXURE 25.5  Amended Subdivision Plan..................................... 131 

 


 

 

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 - 315515

 

 

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 - 315516

 

 

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 - 315517

 

 

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 - 316284

 

 

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 - 316285

 

 

Recommendation

 

THAT:

1.      Councillors call any items they wish to further consider

2.      That items 6 to 14 be moved and seconded

 

 

Director of Finance and Corporate Services' REPORT

 

Items 6 to 14 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.  April 16  2012 Ordinary Council minutes

2.  April 30  2012 Extraordinary Council Minutes

3.  May 7  2012 Extraordinary Council Minutes    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - BUSINESS PAPERS - 2012 - 316286

 

 

Recommendation

 

THAT the minutes of the Ordinary Meeting held on Monday 16th April 2012, Extraordinary Meeting held 30th April 2012 and Extraordinary Meeting held 7th May 2012 be adopted.

 

 

General Manager's REPORT

 

The following minutes are attached for endorsement.

 

1.      Minutes of the Ordinary Council meeting held on Monday 16th April 2012

2.      Minutes of the Extraordinary Council meeting held on Monday 30th April 2012

3.      Minutes of the Extraordinary Council meeting held on Monday 7th May 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.  May Economic Development and Tourism Committee Minutes    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - BUSINESS PAPERS - 2012 - 316288

 

 

Recommendation

 

THAT the report and recommendations of the Economic Development and Tourism Committee Meeting of Cabonne Council held on 7th May 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 7th May 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.  May Community Services Minutes    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - BUSINESS PAPERS - 2012 - 316289

 

 

Recommendation

 

THAT the report and recommendations of the Community Services Committee Meeting of Cabonne Council held on 7th May 2012 be adopted

 

 

Community Services Manager's REPORT

 

Attached is the report of the Community Services Committee Meeting of Cabonne Council held on 7th May 2012 for Council’s adoption.

 

 

ITEM 9 - WORKS COMMITTEE MEETING

REPORT IN BRIEF

 

Reason For Report

Adoption of the Works Committee Meeting Recommendations

Policy Implications

Nil

Budget Implications

Nil

Annexures

1.  May Works committee minutes    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - BUSINESS PAPERS - 2012 - 316291

 

 

Recommendation

 

THAT the report and recommendations of the Works Committee Meeting of Cabonne Council held 7th May, 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 7th May, 2012.

 

 

ITEM 10 - 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.  May Environmental Services and Sustainability Committee Minutes    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - BUSINESS PAPERS - 2012 - 316290

 

 

Recommendation

 

THAT the report and recommendations of the Environment Services and Sustainability Committee Meeting of Cabonne Council held on 7th May 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 7th May 2012.

 

 

ITEM 11 - TRAFFIC COMMITTEE 26 APRIL 2012

REPORT IN BRIEF

 

Reason For Report

To make determination on recommendations put forward by the Traffic Committee

Policy Implications

Nil

Budget Implications

Nil

Annexures

1.  TRAFFIC COMMITTEE 2012 04 26 - AGENDA.docx

2.  TRAFFIC COMMITTEE 2012 04 26 - MINUTES.docx    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\TRAFFIC COMMITTEES - 313004

 

 

Recommendation

 

THAT the recommendations of the Traffic Committee be adopted.

 

Asset Manager's REPORT

 

The traffic committee meeting was held on 26 April 2012 at the Cudal Office, Main Street, Cudal.

 

The individual reports on these items to the Traffic Committee held on the 26th April are annexed together with the meeting minutes and the Traffic Committee recommendations to Council.

 

A summary of the meeting and recommendations are as follows:

 

1.   Minutes of Previous Meetings
THAT:

a.   The minutes of the Traffic Committee held on 1 March 2012 be adopted

b.   The minutes of the Traffic Committee held electronically from 2 April be adopted

 

2.   UPA Yeoval Aged Care
THAT:

a.   An “Aged Pedestrians” warning sign be installed in the back lane

b.   A no parking zone of 6m be installed adjacent to the entrance of the UPA Yeoval Aged Care centre

c.   Council Road Safety Officer consider providing “No Parking” signs information flyer

 

3.   B-Double Application – Nangar Road
THAT the B-Double route be approved subject to 80km/h speed limit, consistent with the existing route.

 

4.   B-Double Application – Burrendong Way
THAT based on the B-Double assessment a field trial NOT be undertaken and the application for B-Double use be refused

 

5.   Give Way sign – Davy’s Plains Road & Bowan Park Road
THAT:

a.   A “Give Way Ahead” symbol sign and “Give Way” sign be installed on the left hand side of Davy’s Plains Road to reinforce the T-intersection

b.   The centre double lines on Davy’s Plains Road be remarked and extended to the intersection

c.   A “Give Way” holding line be painted on Davy’s Plains Road

d.   “Raised Pavement Markers” be installed on Davy’s Plains Road centre line and give way holding line.

 

6.   Pedestrian Crossing – Edward and Wellington Streets, Molong
THAT Council suggest the School Principal invite the RMS, Council Staff, local councillors, Traffic Committee Chairman and P&C representatives to a formal on site meeting.

a.   Suggest all parties site meeting following agreement with School Principal

 

7.   Pedestrian safety on McLaughlin Street, Cumnock
THAT Council provide RMS with a concept design for a footpath on the northern side of McLaughlin Street with the location of the pathway crossing adjacent to the disused rail line where sight distance is better and silo entrance eliminated.

 

8.   Mullion Creek Public School – parking
THAT:

a.   Relocate the bus zone to between the two school gates and remove line marked spaces to prevent confusion

b.   Increase the no stopping zone by one space past the hatched areas to the east and west

c.   Current bus zone to the west of the access points be converted to parking spaces

 

9.   Nashdale Public School – students crossing to Oval
THAT:

a.   The school engage and finance Council to install a ‘chicane’ fence at the entrance point to the school and oval

b.   Council establish a part-time bus zone on the western side of Nashdale Lane.

 

 

 

ITEM 12 - YEOVAL WATER SUPPLY LICENCE AGREEMENT

REPORT IN BRIEF

 

Reason For Report

Seeking Councils agreement to enter into a licence agreement with the Department of Primary Industries (LPMA) authorising occupation of Crown Land for bore water supply.

Policy Implications

Nil

Budget Implications

Annual rental of $431.00 (ex GST)

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\WATER SUPPLY\MAINTENANCE\BORES - 313261

 

 

Recommendation

THAT Council;

1.   Enters into licence agreement no LI491467 with the Department of Primary Industries in order to occupy Crown Land for the purpose of supplying town water for Yeoval Bore B

2.   Authorise its common seal to be affixed to the document

3.   Agree to pay the annual rental of $431.00 (ex GST) from the water fund operational expenditure

 

 

Director of Engineering and Technical Services' REPORT

Yeoval water supply bore has occupied Crown Land fronting Ganoo Street for many years.

At the time of bore licence renewal in August 2011, the NSW Office of Water identified that Council may not have a right of occupation over the subject Crown Land.

After some investigation, staff were unable to provide any evidence of a licence agreement and proceeded to apply for a licence to occupy the land on 23 August 2011.

An offer of a licence to occupy the subject land was received from the Department of Primary Industries in February 2012.  A copy of the proposed licence agreement has previously been emailed to Councillors,  In order to continue to extract water from Bore B for town water supply purposes, it is imperative that Council enters into this licence agreement.

 

ITEM 13 - EXCLUSIVE LICENCE TO QUARRY

REPORT IN BRIEF

 

Reason For Report

Small Mine Land Owner Agreement Exclusive Licence to Quarry Require Signing and The Common Seal Affixed

Policy Implications

Nil

Budget Implications

Nil

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\ROADS and BRIDGES\SERVICE PROVISION\GRAVEL PITS - 316311

 

 

Recommendation

 

THAT Council authorise the affixing of the Common Seal to the exclusive licence to quarry agreements for the following small mines:

1.   Christopherson’s Pit – S3

2.   Gavin’s Pit – S 42

3.   Betts Pit – N152

 

 

Operations Manager's REPORT

 

Renewal for the operation of mines require Council to obtain exclusive licence to quarry from the land owners for a three year period.

Reference:

·    NSW DPI Guidance Note (AGNM-01) Nomination of the Operator and other duties of the mine holder.

·    Mine Health and Safety Act 2004

·    Mine Health and Safety Regulation 2007

The Small Mine Exclusive Licence to Quarry, Land Owner Agreements require Council’s Common Seal to be affixed.

 

 

ITEM 14 - ALGA BUDGET SUBMISSION 2012-2013

REPORT IN BRIEF

 

Reason For Report

To provide a summary of the ALGA Budget Submission for 2012/2013.

Policy Implications

Nil

Budget Implications

Nil

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNMENT RELATIONS\LOCAL AND REGIONAL LIAISON\AUSTRALIAN LOCAL GOVERNMENT ASSOCIATION - 316292

 

 

Recommendation

 

THAT Council receive further information on the 2012/2013 Federal Budget as information comes to hand.

 

General Manager's REPORT

 

The Australian Local Government Association (ALGA) made a submission to the 2012/2013 Federal Budget, calling on the Federal Government to show commitment to key areas of concern for local government and to long-term funding of vital services.

 

The ALGA has called for continued investment in local transport and community infrastructure, further investment to enable local communities to realise the benefits of broadband and additional investment in local government’s capacity to adapt to climate change and to mitigate the impacts of natural disasters.

 

The ALGA believes that reform must continue in the area of Commonwealth-local government financial relations to ensure the long-term financial sustainability of local government and such reforms must encompass:

 

·     Increased Financial Assistance Grants and an improved growth/escalation methodology;

·     Permanent funding for Roads to Recovery and additional funding to address the substantial and very real funding gap for local roads and bridges faced by councils;

·     Prevention of cost and responsibility shifting onto local government by other levels of government, particularly the state and territories; and

·     Continued progress on constitutional reform culminating in a referendum on local government in 2013.

 

Following the handing down of the Federal Budget on Tuesday 8 May 2012, the ALGA summarised the following key points of interest to local government:

 

Funding of $2.2 billion will be made available from 2013-14 which is made up as follows:

 

·    Continued general purpose payments (FAGs) being:

o The funding encompasses “funding to assist rural and regional councils and shires to deliver their services, maintain local roads and upgrade local community facilities…” Councils will receive $1.1 billion in funding will through FAGs in 2012-13.

 

·    The first two instalments of 2012-13 payments will again be paid early ($1.18 billion going to councils before the end of 2011-12) “to assist local councils with planning for the recovery and to ensure local government has maximum certainty to begin planning their 2012-13 works programs”

 

·    Roads to Recovery funding

o Roads to Recovery will continue to be funded at a rate of $350 million per year until 2018-19

 

·    Local roads funding

o $4.1 billion funding package toward local roads over four years

o $300 million over 5 years for the Black Spot Program

 

·    Caring for our Country funding

o Funding of $2.2 billion will be made available from 2013-14.

 

It is expected that further information on the Budget will be available in coming weeks as details of individual programs are available.  The Prime Minister and other Federal Government Ministers are also expected to make further announcements at the National General Assembly of Local Government in Canberra late next month, which will be attended by the Mayor and General Manager.

 

 

ITEM 15 - FLOOD INSURANCE MATTERS

REPORT IN BRIEF

 

Reason For Report

To update Council on recent discussion with NRMA/IAG Insurance concerning flood insurance options for residents affected by flooding, particularly in relation to the township of Eugowra.

Policy Implications

Nil - consistent with Council's adopted flood study.

Budget Implications

Funds already provided in budget for flood works. Some in-kind assitance provided by Council staff.

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\SEWERAGE AND DRAINAGE\FLOOD MITIGATION\EUGOWRA FLOODPLAIN - 316106

 

 

Recommendation

 

THAT:

 

1.  The actions proposed in this report be endorsed.

2.  Further representations in relation to flood insurance issues be made to both the Federal & State Government.

3.  A submission be made to the Insurance Council of Australia highlighting the relevant issues contained in this report.

4.  The matter be taken up with the LGSA.

5.  A copy of this report and Council’s resolution be provided to the Eugowra Floodplain Consultative Committee and the Molong & Canowindra Floodplain Committees.

6.  A media release be issued to advise property owners and residents of the above information.

7.  Council receive further reports on the matter as information comes to hand.

 

General Manager's REPORT

 

Council has been involved in ongoing discussions and exchange of information with NRMA Insurance/Insurance Australia Group (IAG), concerning insurance matters for properties affected by flooding.  In particular, discussions have focussed around the town of Eugowra.

 

As a result of the discussions which have involved senior staff from NRMA/IAG from both Sydney and Canberra, a number of actions have been recommended and some useful exchanges of information have taken place.  Some of the information will be new to insurance policy holders, the general community and Council.

 

The following is a summary provided for Council’s information.  The suggestion is that once Council has considered the contents of this report that the information be widely distributed and a media release be issued to inform people of the progress that has been made.

 

Issues Discussed with NRMA/IAG

 

·    Update on adopted Eugowra Floodplain study.

·    Work undertaken (Puzzle Flat Creek, stream clearance etc).

·    Work proposed.

·    Maps of the area.

·    Issues regarding flooding.

·    Insurance implications and options.

·    NRMA Insurance Flood mapping (why & how).

 

Four Key Pieces of Information Considered When Determining Premiums

 

There are four key pieces of information that are relevant when they determine premiums.  These are:

 

1.   Up-to-date and complete flood studies – this can incorporate mitigation works noting that the need to assess 20 year, 100 year and PMF flood levels.

 

2.   Digital terrain models available.

 

3.   Location of properties which is part of the Geo coded national address file, which identifies properties by latitude and longitude.

 

4.   The assessment of how much damage might occur at different levels.  This is based on such things as:

o   claims history on actual claims;

o   research papers;

o   house damage by inundation;

o   simulation of all flood level data to determine long-term; damage to property.

 

Action resulting from discussions with NRMA/IAG

 

1.   Council is to provide, in GIS format, the details of the adopted flood study for Eugowra.

 

2.   Council to provide digital terrain modelling.

 

3.   Works indentified in flood study are to be provided.

 

4.   Proposed works to be undertaken to be provided.

 

5.   Council staff to be available to provide details on individual properties for flood/floor levels (this is already underway).

 

6.   Council is to provide the above information to the Insurance Council of Australia.

 

7.   Council, in conjunction with State Emergency Services, to review the information provided in the flood preparation brochure for Eugowra and, if necessary, forward any updated data.

 

Information Coming to Hand

 

1.   Individual property owners are dealt with on a case-by-case basis on the information provided on a confidential basis.

 

2.   Pricing on premiums includes all possible events up to PMF level.

 

3.   Individuals need to understand their own flood risk when purchasing a property.  This is the highest priority that people should give, as flood insurance only flows from that.

 

4.   The calculation of premiums includes information on adopted flood studies and technical data and this will be considered with the recently adopted Flood Study for Eugowra and the draft for Molong.

 

5.   Insurance premiums relating to flooding are of a general nature and not necessarily town specific.

 

6.   Cross subsidisation of insurance policies/premiums on the basis of risk is opposed and it is difficult to try and limit premiums to certain levels (such as health insurance premiums).

 

7.   Information on 149 Certificates is not considered when insurance companies are setting insurance premiums.

 

8.   Preparedness for early warning and reduction of damage would be reflected in claims history which would flow on to residents.

 

9.   NRMA have a storm/flood insurance online product called “the buzz” which has opportunities for people to opt in and out of storm/flood insurance.

 

10. Options are also available for building and/or contents insurance.  In view of the fact that very little damage is usually done to buildings in Eugowra, it may be financially advantageous for property owners to discuss with their insurer the option to remove flood insurance from building policies and examining options available for contents insurance.

 

11. There is no standard insurance definition of flooding and the Federal Government is seeking one.

 

12. The floods in Queensland in recent years have resulted in a number of governments and insurance companies reviewing flood issues and there is likely to be changes made in the future as to how we deal with flooding and its impact.

 

Council’s Engineering & Technical Services Department have provided and are continuing to provide information to NRMA Insurance.  Some information has also been provided to AMP Insurance.  The full package of information will be provided to the Insurance Council of Australia when completed by Council’s Engineering & Technical Services Department.

 

The situation facing parts of Eugowra, Molong and Canowindra is similar to many other communities across NSW and Australia and Council should be prepared to continue to see that these issues are brought to the attention of the Federal and State Governments and the insurance industry.

 

 

ITEM 16 - LOCAL GOVERNMENT & SHIRES ASSOCIATION - ONE ASSOCIATION

REPORT IN BRIEF

 

Reason For Report

To provide Councillors with an update on progress with the One Association proposal for the amalgamation of the Local Government Association and the Shires Association.

Policy Implications

As previously advised, Council's policy of regional representation is not included in the Draft articles.

Budget Implications

Improved efficiency for both LGSA & LGA.

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNMENT RELATIONS\LOCAL AND REGIONAL LIAISON\LOCAL GOVERNMENT and SHIRES ASSOCIATION - 313022

 

 

Recommendation

 

THAT Council formally nominate the Mayor, Clr Robert Dowling, as its delegate for the postal vote for the proposed amalgamation of the Local Government Association and the Shires Association and advise the Australian Electoral Commission accordingly.

 

 

General Manager's REPORT

 

Council has received correspondence from the Local Government & Shires Associations (LGSA) advising that the Executives of the Shires Association held a Special Meeting on 17 April and endorsed documents to progress the One Association proposal to a vote for members.

 

The Executive has resolved to proceed with the amalgamation process after consideration of the terms of the proposed amalgamation with the Local Government Association (LGA).

 

The decision by the Shires Association executive now means that both Associations have filed for the formal application process with Fair Work Australia.  They have advised that they are hopeful of an early hearing.

 

Council has also been advised that it will receive further information on the process in due course.  Council will also be required to provide the names and other details of delegates for the preparation of the role for the secret postal ballot being undertaken by the Australian Electoral Commission.

 

Subject to consideration by Fair Work Australia and the Australian Electoral Commission, the secret ballot is likely to take place in June/July.

 

Further information on the progress with the One Association proposal will be provided to Council has it comes to hand.  Council should note that the draft new constitution provides two votes for Cabonne in the new Association, however at this stage with the voting process to determine whether we go to one association, Council will only need to nominate one delegate, which by usual practice has been the Mayor.

 

 

ITEM 17 - CODE OF CONDUCT REVIEW

REPORT IN BRIEF

 

Reason For Report

Advising of Consultation Draft released for Review of Code of Conduct

Policy Implications

Will require new Code of Conduct once adopted

Budget Implications

Nil

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\CORPORATE MANAGEMENT\CIRCULARS\DIVISION OF LOCAL GOVERNMENT - 316838

 

 

Recommendation

 

THAT Council advise of any matters it wishes raised in a submission regarding the Consultation Drafts of the new Model Code of Conduct and amendments to the Local Government Act 1993

 

 

Director of Finance and Corporate Services' REPORT

 

The Division of Local Government have released a Consultation Draft for their review of the Model Code of Conduct for local Councils. A copy of a link to the Consultation Draft has previously been emailed to Councillors.

 

The Division is seeking input in relation to the Consultation Draft, and in particular would like to hear Council’s views on the following:

 

·    Do you agree with the proposals? if not, why not?

·    Is there anything unclear about our proposed drafting?

·    If so, how could it be said more clearly?

·    Is there anything we have missed?

·    Are there any loop holes?

·    Does any of our proposed drafting carry potential unforseen consequences?

 

Councillor input is relation to any of the above matters would be of assistance in preparing Council’s response to the draft.

 

 

 

 

ITEM 18 - DONATIONS EQUAL TO THE REFUNDING OF COUNCIL DA FEES AND CHARGES POLICY

REPORT IN BRIEF

 

Reason For Report

For Council to endorse an update to Council's Donations Policy to allow for donations equal to the refunding of Council DA fees and charges

Policy Implications

Will amend Council's current Donations Policy

Budget Implications

Does not impact on Council's budget for s356 donations

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\CORPORATE MANAGEMENT\POLICY\POLICY DOCUMENT - 307541

 

 

Recommendation

 

THAT Council’s Donations Policy be amended to include donations equal to refunding the value of Council DA fees and charges as determined by Council and consistent with the policy framework in the report.

 

Administration Manager's REPORT

 

Background

 

Council currently has a Donations Policy which addresses the requirement for an application form to be completed for requests for sponsorship and donations with a view to receiving consistent information and to allow assessment of the benefits to the applicant and wider community should Council provide support.

 

Council also has a practice of considering / donating DA fees to Not-For-Profit (NFP) / community organisations on request.  Usually applicable to building works or events not subdivisions or other profit based developments.  Accordingly this report was developed in conjunction with the Director of Environmental Services.

 

The DA donations have been applied on a request by request case basis over the years however more recently the practice has been to limit the donation to the value of the fees and charges for DAs and associated applications excluding any Inspection fees, Statutory fees such as Long Service Levy, fees for advertised developments or specific fees for any s68 works such as a septic tank.

 

It is noted that the Economic Development Committee at its May 2012 meeting recommended:

 

THAT Council consider in the 2012/13 budget that Development Application fees be refunded in full to voluntary organisation that are responsible for the erection of infrastructure that then becomes the property of the Council where Council is the consent authority.

 

Should Council adopt the recommendation and make a provision in the budget, the refunding under these circumstances can be included in the policy.

 

Donations relating to Land devolvement and economic development are not covered by this proposed policy.

 

Policy development

 

Council is requested to determine an option for donations and select the parameters for assessment of donations.  The variable approach to date and lack of a documented policy may leave Council open to a perception of bias in its donations in this area.

 

Noting that Council is in fact donating an amount equal to certain DA and other fees already paid, there is no actual additional cost to Council.  It is donating (“refunding”) an amount equal to these fees from its allocated donations budget.

 

Options

 

1.   Council set a maximum amount per DA regardless of DA fee paid, say $500 per application ($285 being the minimum DA fee payable and the average DA fee paid being approx. $800) or the amount actually paid whichever is the lesser.

OR

2.   Council donate back the actual amounts paid equal to applicable fees and charges for Council services associated with DAs and associated applications, as set out below. 

 

Generally the policy would require that:

 

1.  ‘DA fees’ eligible to be donated be limited to:

 

a.     Development application fee

b.     *Construction certificate fee

c.     *Complying Development Certificate fee

*- only when issued by Council – not by private certifiers.

 

It is not recommended that the following fees be eligible for donation:

Statutory fees such as long service levy, advertising, planning reform (plan first levy) and other fees which may be charged including inspections, occupation certificate, subdivision, subdivision certificates, integrated development and principal certifying authority.

2.  Applications must be in writing and in relation to the provision of a service by a NFP or community organisation to the Cabonne community that is, in Council's opinion, of benefit to the community. 

 

3.  All fees associated with development applications, Construction certificate applications and complying development applications are to be paid with the application.  Requests for a refund of DA fees are to be made in writing, stating the grounds or reasons justifying why Council should donate an amount equal to the relevant fees.

 

4.  Fees to be donated back to the applicant will only be donated after determination of the relevant application.

 

5.  Council staff may process any such requests within the limits of the policy.  Any requests exceeding the policy are to be reported to Council for consideration.

 

 

ITEM 19 - NOTICE OF RESCISSION MOTION - ITEM 28 APRIL COUNCIL MEETING

REPORT IN BRIEF

 

Reason For Report

To consider a Notice of Rescission Motion received from Clrs Culverson, Wilcox and Dowling

Policy Implications

Nil

Budget Implications

Nil

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\NOTICES - MOTION - 315861

 

 

Recommendation

 

THAT the Notice of Motion be dealt with.

 

Administration Manager's REPORT

 

A Notice entitled “Rescission Motion” has been received from Clrs Culverson, Wilcox and Dowling reading as follows:-

 

We the undersigned Councillors hereby give notice of our intention to rescind the following motion:-

 

ITEM - 28 3 LOT SUBDIVISION LOT 101 DP 1113203, FREEMANTLE ROAD, GOWAN.

 

MOTION (Culverson/MacSmith)

 

THAT the matter be deferred until an onsite inspection is held on 7 May 2012.

 

12/04/34 Carried

 

Signed: Clrs Culverson, Wilcox and Dowling.

 

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

 

 

ITEM 20 - Quarterly Budget Review for period from 01/01/2012 to 31/03/2012

REPORT IN BRIEF

 

Reason For Report

To report to Council changes to the original budget for 2011/2012

Policy Implications

In accordance with Council Policy

Budget Implications

Yes

Annexures

1.  Reserves List for March  2012  QBR  Final.xlsx

2.  March 2012 Quarterly Budget Review    

File Number

\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\BUDGETING\QBR'S - QUARTERLY BUDGET REVIEWS - 315776

 

 

Recommendation

 

THAT the changes in the attached review be approved by Council and updated to the present  budget for 2011/2012

 

Senior Accounting Officer's REPORT

 

The Quarterly Budget Review for the period from 01/01/2012 to the 31/03/2012 is presented to Council in the revised format, according to the new legislation of the Division of Local Government.

 

Council staff have perused their individual areas for any changes to the budget.

The significant variances  are noted in Note 2 of the following attachment to the budget.

 

The Quarterly Budget Review  includes the following statements;

 

1  Statement by Responsible Accounting Officer

2  Changes to Income & Expenditure Statement

3  Capital Budget Statement

4  Consultancy & Legal Expenses Statement

5  Contract Statement

6  Key Performance Indicators Statement

7  Cash & Investments Statement

 

The major changes contained in the review are reflected in the following activities of Council.

 

Item 1. Governance & Administration

 

As the amount of  additional works  advised by the Roads and Maritime Services Department impacts on Council’s budget, additional on costs  and overheads are expected to be received. The increase expected is $694,709 and this amount  has been placed into reserves until the end of the financial year when the exact amount will be realized. Further details of the increase in income is noted in the Transport and Communication area.

 

Superannuation  cost has increased and  has been  noted in this review. Although is has been expected the exact amount was not know until recently and the amount has been fully covered by a Provision account held solely for the equalization of the Superannuation payments.  $210,732 is the total additional cost of Superannuation payments. This has been caused by the extension of  “Superannuation Holiday” for those members of the Old Retirement Scheme. Although Council put aside the full cost of  Superannuation during pervious years the Fund now requires back payments to cover the cost of the “holiday” losses due to the Global Financial Crisis.

 

As more staff are beginning to take Long Service Leave entitlements the vote here has also been increased by $50,000. This amount has been covered by a transfer from a reserve account for Employees Leave Entitlements.

 

Additional plant and small plant items totalling $242,284 have been purchased and are noted in this review .

 

Item 2. Public Order & Safety

 

The most important item in this section is to acknowledge  expected receipt of a contribution from the Rural Fire Service for Hazard reduction. To the 19/03/2012 Cabonne Council has spent in excess of $180,000 on roadside and urban mowing slashing and chemical application. This contribution is most welcome and will assist further roadside  and street mowing, as existing funds have almost been depleted.

 

Item 3. Health

 

Only minor changes apply in this area.

 

Item 4. Environment

 

The user fees income for the waste stations has been amended as it is  estimated that  the income previously stated will not be achieved. The original income expected of $130,000 has been reduced to $81,903. This variation has been adjusted against the reserve for Waste Management.

 

Additional income and other minor changes have occurred in the  area of recycling and this amount has been adjusted against the reserve for Waste Management.  A total of $45,722 has been transferred to the reserve

 

Grant income is to be received for the Drum Muster project and this amount of $9,173, is acknowledged in this review.

 

Item 5. Community Services & Education

 

Only minor adjustments have been  noted in this review.

 

Item 6. Housing & Community Services

 

In the activity of Town Planning an increase in fees for  149 Certificates and DA Applications is noted. The  additional income is $10,087.

 

$12,000 has been added to the vote for cleaning of public conveniences. This cost is continuing to increase  and the additional vote has been supplied, in part from the additional town maintenance vote. The remainder of the additional town cleaning vote has been applied to tree maintenance $11,521.

 

The vote for street cleaning has been decreased by $25,000 and this  additional vote has been applied to the general street and litter maintenance vote.

 

 

Item 7. Water Supplies

 

A number of capital purchases and projects have been revoted until the 2012/2013 year and that amount is reflected in the transfer from reserves of $1,020,698

 

Item 8. Sewerage Services

 

Similarly, the same has occurred in the Sewerage fund and $125,000 has been adjusted against the transfer from reserves.

 

Item 9. Recreation & Culture

 

Only minor variances have occurred in this Activity .

 

Item 10. Mining Manufacturing & Construction

 

The net result in this area has been placed to a Provision account. This has been the result of an increase in sales, offset by an increase in expenditure. The net amount  transferred was  $40,453.

 

Item 11. Transport & Communication

 

The Roads and Maritime Services have advised Council of an increase in funding in several areas.

 

$98,673 has been applied to the State Ordered Maintenance section, bringing the total to $611,145.

 

Ordered works has increased from $1m to $1.430m. The Calwell Project will received $618,390  and the MR 310 widening project will receive an additional $319,125 bring the total for this project for the current year to $1.119m.

 

In the FAG funded area monies previous allocated to the Canobolas Road Rehab has been redirected to  street construction and sealing.  The Canobolas Rehab project has generally been finalised with only a small amount of line marking to complete.

 

Road side spraying and slashing has been increased by $62,150 and this is funded by the contribution from the Rural Fire Service, as mentioned previously in this report.

 

Drainage and Maintenance works have been overspent, due mainly to works carried out in Canowindra after the periods of heavy rainfall.  This amount is not funded from any other  activity and is a deficit of the budget. The amount overspent is $25,161.

 

Item 12. Economic Affairs

 

The main item of interest in this section is the receipt of funds for the sale of a block of land in the Molong Heights Sub Division. $46,937 has been placed into the Land Development Reserve.

 

A slight increase in funds in the Caravan Park Fees is noted and overall is only $6,500.

 

Income in the area of Private works in expected to be higher and an additional vote of $150,000 has been applied, this amount is offset by other expenses in this area.

 

Only minor changes are noted elsewhere in the Activity of Tourism and Development.

 

Item  13. General Purpose Income

 

Interest income is generally higher than anticipated and as a result a new estimate has been recorded in this review.

 

Although the original estimate of interest was a rate of 5.9% Council is receiving an average rate  of 5.19%. A small number of large investments were locked in at a rate of 6% and this is partially  the reason for the higher income return.

 

The net amount of the increase $83,408 has been placed  into a reserve account for Interest Equalization until the end of the year when the actual amount will be available.

 

 

 

 

 

 

 

ITEM 21 - CABONNE COUNCIL DRAFT TOURISM PLAN 2012/13 TO 2021/22

REPORT IN BRIEF

 

Reason For Report

To seek Councils approval to place the draft Tourism Plan on public display.

Policy Implications

Nil

Budget Implications

Yes - funding allocated for year 1 activities within the draft 2012/13 Council budget.

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\ECONOMIC DEVELOPMENT\MEETINGS\CABONNE COUNTRY TOURISM ADVISORY COMMITTEE - CCTAC - 316787

 

 

Recommendation

 

THAT Council approve for the draft Tourism Plan 2012/13 to 2021/22 to go on public display for 28 days.

 

Economic Development Manager's REPORT

 

Cabonne Council Tourism Advisory Committee (CCTAC) when first established created a list of five key priorities they would like to implement to advance tourism in Cabonne.

 

Of the five key priorities, the development of a Tourism Plan ranked highly.

 

For the past nine months, Council staff, including the EDM and PTO have been working in close partnership with CCTAC to research and create this Plan.

 

It is worth noting that all of the other key activities agreed upon are now captured in the actions of the draft Tourism Plan.

 

The Cabonne Council draft Tourism Plan is a ten year working document.  It concentrates on five key objectives, these being:

1.   Tourism activities in Cabonne LGA show strong leadership and are supported with adequate administration and grant funding opportunities.

2.   Tourism activities in Cabonne Country are supported through tourism statistical research and analyses that enables measurable visitation growth for the Shire.

3.   Tourism activities in Cabonne Country grow through the development of promotional and marketing opportunities for the Shire.

4.   Tourism activities in Cabonne Country are enhanced through the investment of tourism product development.

5.   Tourism activities in Cabonne Country are enhanced through valued and respectful partnerships of co-operation and capacity building.

 

This Plan and its actions will be the focus of CCTAC activities.

 

Through the implementation of this Plan and its actions, it is anticipated to double visitor numbers and spend by 2022.

 

The Plan identifies 100 actions to be implemented over the 10 years.  Each of these activities have been appointed a year to action. Some activities do occur over multiple years.

 

The draft Tourism Plan integrates with the new Cabonne 2025 Community Strategic Plan and support documentation and has previously been emailed to Councillors

 

 

ITEM 22 - MOLONG WATER SUPPLY EMERGENCY DROUGHT SOURCE

REPORT IN BRIEF

 

Reason For Report

Advising Council on the outcome of recent investigations and exploration for an emergency drought water supply source for Molong

Policy Implications

nil

Budget Implications

$18,000 Cabonne Water Fund Reserves

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\WATER SUPPLY\MAINTENANCE\BORES - 313251

 

 

Recommendation

THAT Council;

1.   Make available an amount of $18,000 (ex GST) from Cabonne Water Supply Reserve to fund the Molong Water Supply emergency bore pump testing, water quality testing, hydrological assessment and production bore licence.

2.   Include the fitting of the bore and rising main in the IWCM Strategy.

 

Asset Manager's REPORT

Council received funds for emergency drought relief water supply for Cumnock. The project funding was $300,000 with 80% from Government and 20% from Council.

The works has resulted in an operational bore located on Gap Road which has been connected to the rising main. A second bore on the Baldry Road has also been fitted and operational ready, however will not be connected unless needed. The total cost being $212,000.

With the support, encouragement and endorsement of the NSW Office of Water, Council engaged Hydroilex Pty Ltd to undertake a groundwater bore target study for the Molong Town Water Supply in June 2010 using the balance of the funding. The report was completed and received in July 2011 and recommended three potential sites for possible groundwater sources.

Two sites were targeted for initial test boring, one in Wellington Street near the Gelato Factory and the other in Molong Street at the rear of the Council Depot.  Test bore licences were obtained from the NSW Office of Water for both these sites and test drilling was undertaken in November 2011.

The test bore in Wellington Street was drilled to a depth of 102 metres and was dry.  The test bore in Molong Street was drilled to a depth of 60 metres encountered various limestone formations from 37 metres and open cavity from 42-48 metres.  Indicative yield for the Molong Street site is around 20 litres/second.

Bungendore Water Bores was engaged in December 2011 to construct the production bore in Molong Street and commenced work on 20 March 2012.  Difficulties were encountered immediately and after losing expensive equipment down the hole and abandoning attempts to retrieve it, a second hole was bored next to the original.  The hole was bored and cased with great difficulty due to the fractured nature of the limestone but is now ready for licensing.

This process has exhausted available funding from the NSW Government and, before any water can be accessed the following tasks must be completed;

Pumping Tests

Contractor quote

$10,000

Water quality

Contractor quote

     $500

Hydrological Assessment

Contractor quote

  $6,000

 

TOTAL

$16,500

It is stressed that until this testing and assessment is complete, Council cannot be certain of the potential of the bore for emergency town water supply.

Further, should the water quantity and quality be acceptable, council must apply to the NSW Office of Water for a production bore licence and be granted a licence before water is accessed (estimated cost $1,500 additional to above, total $18,000).

To advance this project, funds totalling some $18,000 (ex GST) are required in order to undertake pump testing, water quality testing, hydrological assessment and production bore licence application.

 

Footnote:

In order to access groundwater for emergency town water purposes, the bore will need to be equipped with a suitable pump and controls and a rising main constructed from the bore site to the water treatment plant in Park Street at an estimated cost of $216,500.  The connection to the water supply is not a high priority, however should be included in the IWCM Strategy for future capital works.

 

 

ITEM 23 - FINANCIAL ASSISTANCE TO MANILDRA SHOWGROUND TRUST

REPORT IN BRIEF

 

Reason For Report

To inform Council of the Manildra Showgorund Trust request.

Policy Implications

Nil

Budget Implications

Nil

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\PARKS AND RESERVES\MAINTENANCE\MANILDRA SHOWGROUND - 312685

 

 

Recommendation

 

THAT Subject to permissibility via Crown Consent and Development approval, Council offer the Manildra Showground Trust Sub-Committee an interest free loan to the value of the connection fees and Headworks charges over a five (5) year period.

 

Design Manager's REPORT

 

Council has received a request from the Manildra Showground Trust Sub-Committee for exemption of sewerage connection and headworks charges with a view to build a new amenities block and ultimately to create a casual overnight stop over point for caravans and a sewerage dump point similar to the one recently commissioned in Canowindra.

 

The Manildra Showground Trust Sub-Committee plan to create the casual overnight stop over point for caravans and a sewerage dump point on land described as Lot 701 Section 10 DP 93128 (See Site Map). The subject allotment is owned by the Crown and is zoned 1(a) Rural.

 

Site Map

 

Traditionally Council has not extended its sewerage services beyond the 2(v) village zoned allotment. In some cases the Council has allowed sewerage reticulation to 1(c) zoned allotments through amendments within its sewerage policy. Council does not have any provisions to allow sewerage reticulation to a 1(a) zoned allotment within its sewerage policy.

 

Council should note that the sewerage rising main traverses the road boundary of the subject allotment and the Manildra Golf Club which is zoned 1(c) is connected to the sewerage reticulation system.

 

The Manildra Showground Trust Sub-Committee indicate that there is 44 external power points, pavilions, kitchen facilities, access and a new gravel road to be constructed as existing infrastructure within their letter. The 44 external power points should be certified by licensed tradesmen prior to any caravan stop over point Occupation Certificate being released by Council.

 

The Manildra Showground Trust Sub-Committee proposal for a caravan stop over point with the associated infrastructure is subject to development approval from Council whilst a sewerage dump point is not. Council should note that a development application for any development on this allotment would require Crown approval to lodge the development application.

 

Council should note that it would be unwise to offer any exemption from sewerage connection and headworks charges as it may set a precedent for numerous other situations.

 

ITEM 24 - AMSAG FORBES/CABONNE RALLY

REPORT IN BRIEF

 

Reason For Report

Advice of Traffic Committee's conditions of approval

Policy Implications

nil

Budget Implications

nil - subject to council resolution

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\ROADS and BRIDGES\PERMITS\CAR RALLIES - 316081

 

 

Recommendation

 

THAT:

1.     Council note the Traffic Committee’s conditions of approval.

2.     Council advise AMSAG to be responsible for implementing traffic control using accredited contractors.

3.     AMSAG provide notices to the public and residents on the route of the event and changed traffic conditions.

 

Asset Manager's REPORT

 

AMSAG have received approval from the Local Traffic Committee for the holding of the June 23 2012 event. The event will be run on similar lines to the 2011 event.

 

The Traffic Committee approval has the following conditions;

 

Ø Approval from the NSW Police

Ø Approved Traffic Control Plan

Ø Certificate of currency for $20M Public Liability Cover.

 

In addition to the above conditions it is recommended that AMSAG provide notices to the public and residents along the route advising of the event and the changed traffic conditions.

 

With regards to the traffic control, council staff have been advised by Forbes Shire Council that AMSAG provide traffic control using accredited contractors. It is recommended Cabonne Council adopt the same condition for traffic control.

 

 

ITEM 25 - 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

5.  Amended Subdivision Plan    

File Number

\Development Applications\DEVELOPMENT APPLICATION\2012\03-2012-0084 - 316086

 

 

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 has been relisted for Council’s consideration. An amended subdivision plan deleting a proposed ROW within the Cabonne LGA has been received and is attached. The initial planning report remains unaltered. 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;

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 viable it is questionable if the two (2) smaller lots would become anything more than larger lifestyle blocks.

(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 26 - 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 - 316891

 

 

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 27 - 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 - 307980

 

 

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 6 Ordinary Meeting 21 May 2012

Item 6 - Annexure 1

 















Item 6 Ordinary Meeting 21 May 2012

Item 6 - Annexure 2

 




Item 6 Ordinary Meeting 21 May 2012

Item 6 - Annexure 3

 




Item 7 Ordinary Meeting 21 May 2012

Item 7 - Annexure 1

 






Item 8 Ordinary Meeting 21 May 2012

Item 8 - Annexure 1

 

 

TABLE OF CONTENTS

 

ITEM - 1     APPLICATIONS FOR LEAVE OF ABSENCE.. 1

ITEM - 2     DECLARATIONS OF INTEREST.. 1

ITEM - 3     DECLARATIONS FOR POLITICAL DONATIONS.. 1

ITEM - 4     Home and Community Care Update.. 1

ITEM - 5     Request for Community Bus for Canowindra.. 1

ITEM - 6     Youth Week.. 2

ITEM - 7     Eugowra Self Care Units.. 2

 


Item 8 Ordinary Meeting 21 May 2012

Item 8 - Annexure 1

 

 

PRESENT         Clr N Bleakley (in the Chair), Clrs, R Dowling, I Gosper, K Walker and G Dean.

 

                            Also present were the Director of Finance & Corporate Services, HACC co-ordinator and Administration Officer.

1 APPLICATIONS FOR LEAVE OF ABSENCE

1 APPLICATIONS FOR LEAVE OF ABSENCE

 

 

ITEM - 1    APPLICATIONS FOR LEAVE OF ABSENCE

 

Proceedings in Brief

An apology was tendered on behalf of Clr Hyde for his unavoidable absence from the meeting.

 

Recommendation (Gosper/Dean)

 

THAT the apology tendered by Clr Hyde be accepted and the necessary leave of absence be granted.

 

 

Carried

2 DECLARATIONS OF INTEREST

2 DECLARATIONS OF INTEREST

 

 

ITEM - 2    DECLARATIONS OF INTEREST

 

There were nil declarations of interest.

3 DECLARATIONS FOR POLITICAL DONATIONS

3 DECLARATIONS FOR POLITICAL DONATIONS

 

 

ITEM - 3    DECLARATIONS FOR POLITICAL DONATIONS

 

There were nil declarations of interest.

4 Home and Community Care Update

4 Home and Community Care Update

 

 

ITEM - 4    Home and Community Care Update

 

Recommendation (Gosper/Dowling)

 

THAT Council release a News/Media release seeking Molong Volunteers for meals on wheels.

 

CS18/12

Carried

6 Youth Week

5 Request for Community Bus for Canowindra

6 Youth Week

5 Request for Community Bus for Canowindra

 

 

ITEM - 5    Request for Community Bus for Canowindra

 

Recommendation (Walker/Dean)

 

THAT:

 

1.  Council’s Community Transport Service continue its existing support for the Golden Oldies and Happy Wanders groups in Canowindra.

2.  The Community Services Manager work with health services to explore options to meet the transport needs of groups of older people in Canowindra.

CS19/12

Carried

 

ITEM - 6    Youth Week

 

Recommendation (Dowling/Walker)

 

THAT that the Information be noted.

 

CS20/12

Carried

7 Eugowra Self Care Units

7 Eugowra Self Care Units

 

 

ITEM - 7    Eugowra Self Care Units

 

Recommendation  (Gosper/Dowling)

 

THAT Eugowra Self Care units item to be moved to the June Committee meeting.

 

CS21/12

Carried

 

There being no further business, the meeting closed at 10:51am.


Item 9 Ordinary Meeting 21 May 2012

Item 9 - Annexure 1

 







Item 10 Ordinary Meeting 21 May 2012

Item 10 - Annexure 1

 





Item 11 Ordinary Meeting 21 May 2012

Item 11 - Annexure 2

 

TRAFFIC COMMITTEE

CABONNE COUNCIL

26/04/2012

Cudal Office, Main Street, Cudal NSW 2864

MINUTES

Meeting opened: 10.07 am

Present:        Cr Geoff Dean (Cabonne Council) (Chair), David Vant (Roads and Maritime Services), Luke Blisset (NSW Police – Canobolas LAC), Cr Janelle Culverson (Cabonne Council), Kevin Howell (Asset Manager Cabonne Council), Jason Theakstone (Design Manager Cabonne Council), Samantha McGufficke (Road and Traffic Assets Coordinator Cabonne Council)

Apologies:    Geoff Lewis (Community Rep), Peter Foran (NSW Police – Canobolas LAC), Andrea Hamilton-Vaughn (Orange-Cabonne Road Safety Officer)

 

ITEM 1.        Minutes of Previous Meetings

RECOMMENDATION (Vant/Dean)

THAT:

1.    The minutes of the Traffic Committee held on 1 March 2012 be adopted

2.    The minutes of the Traffic Committee held electronically from 2 April 2012 be adopted

 

NEW BUSINESS

ITEM 2.        UPA Yeoval Aged Care

Police suggested that “Emergency vehicles exempt” be included on the no parking signs.

RECOMMENDATION (Vant/Blissett)

THAT:

1.    An aged pedestrian symbol sign be installed in the back lane

2.    A no parking zone of 6m be installed adjacent to the entrance of the UPA Yeoval Aged Care centre.

3.    Council RSO consider providing “No Parking” signs information flyer

 

ITEM 3.        B-Double Application – Nangar Road

RECOMMENDATION (Vant/Dean)

THAT the B-Double route be approved subject to 80km/h speed limit, consistent with the existing route.

ITEM 4.        B-Double Application – Burrendong Way

The road formation and seal width is narrow, edge of bitumen is hazardous and poor B-Double control of 2nd back trailer would be hazardous. N no field trial to be undertaken, the application for a B-Double route should be refused.

RECOMMENDATION (Vant/Blissett)

THAT based on the B-Double assessment a field trial NOT be undertaken and the application for B-Double use be refused.

 

ITEM 5.        Give Way sign – Davey’s Plains Road & Bowen Park Road

Concrete median is not warranted – in 100km/hr speed zone, and not a lit intersection.

RECOMMENDATION (Dean/Vant)

THAT:

1.    A ‘give way ahead’ symbol sign  and ‘give way’ sign be installed on the left hand side of Davey’s Plains Road to reinforce the T-intersection

2.    The centre double lines on Davey’s Plains Road be remarked and extended to the intersection

3.    Give way line be painted on Davey’s Plains Road

4.    Raised pavement markers be installed on Davey’s Plains Road centre line and give way holding line

 

ITEM 6.        Pedestrian Crossing – Edward and Wellington Sts, Molong

RMS have been directed by the Roads Minister to eliminate situations where  pedestrian crossings cross more than 2 lanes hence the RMS is currently re-designing the intersection to remove the turn left lane from Wellington St onto Edward Street.

The current pedestrian and traffic counts indicate that a pedestrian crossing does not meet the required standard warrants. The pedestrian crossing may be eliminated in time.

The RMS has previously dealt with the school regarding the children’s crossing on Edward Street.

RECOMMENDATION

THAT Council suggest the School Principal invite the RMS, Council staff, local councillors, Traffic Committee Chairman and P&C representatives to a formal on site meeting.


 

ITEM 7.        Cumnock School – McLaughlin Street

The extension of the School Zone is outside the RMS guidelines, and will not be considered. The RMS Safety around Schools Project Officer has undertaken a site inspection, and will forward his report to the Traffic Committee. In the meantime, Council will develop a concept design for a footpath on the north side of McLaughlin St, crossing at the current railway level crossing, eliminating the safety concerns with sight distances there, and concerns about the Silos entrance. The design is to include pathway signs to “Give Way” to traffic and adjacent fence to restrict and define location of pedestrian access.

RECOMMENDATION (Vant/Dean)

THAT Council provide RMS with a concept design for a footpath on the northern side of McLaughlin St with the location of the pathway crossing adjacent to the disused rail line where sight distance is better and silo entrance is eliminated.

 

ITEM 8.        Mullion Creek School

The church car park is considered a ‘road related area’, due to its history of use as a car park for the school and functions at the school. The car park issue regarding insurance, liability and maintenance is to be resolved between the school and the church.

RECOMMENDATION (Dean/Vant)

THAT:

1.    Relocate bus zone to between the two school gates and remove line marked spaces to prevent confusion

2.    Increase the no stopping zone by one space past the hatched areas to the east and west

3.    Current bus zone to the west of the access points be converted to parking spaces

 

ITEM 9.        Nashdale School

The Principal was happy with the proposal at the site meeting for the school to install pool safety locks on the school gates.

RECOMMENDATION (Dean/Vant)

THAT:

1.    The school engage and finance Council to install a ‘chicane’ fence at the entrance point to the school and oval

2.    Council establish a part-time bus zone on the western side of Nashdale Lane.


 

GENERAL BUSINESS

ITEM 10.     Children’s Crossing – Mullion Creek School

It was noted at the site inspection at Mullion Creek School that remnants of the children’s crossing were still present, and should be removed to avoid confusion.

RECOMMENDATION (VANT/DEAN)

THAT council remove the red/white poles on Long Point Road outside the School

 

ITEM 11.     Pedestrian Access and Mobility Plan (PAMP)

All cycleway/footpath funding applications allocated based on projects identified in Council’s PAMP (jointly funded by RMS/Council). Applications for funding have been refused because the RMS does not have a copy of Cabonne’s PAMP.

RECOMMENDATION (VANT/DEAN)

A copy of Cabonne Council’s PAMP be forwarded to David Vant, RMS Parkes.

 

Next Meeting: Thursday 28 June 2012 at 10.00 am in Cabonne Council’s Cudal office, Main Street, Cudal.

Meeting closed: 12.04 pm

Samantha McGufficke – Cabonne Road and Traffic Assets Coordinator
30/04/2012

 


Item 20 Ordinary Meeting 21 May 2012

Item 20 - Annexure 1

 





Item 20 Ordinary Meeting 21 May 2012

Item 20 - Annexure 2

 



















Item 25 Ordinary Meeting 21 May 2012

Item 25 - Annexure 1

 


Item 25 Ordinary Meeting 21 May 2012

Item 25 - Annexure 2

 


Item 25 Ordinary Meeting 21 May 2012

Item 25 - Annexure 3

 











Item 25 Ordinary Meeting 21 May 2012

Item 25 - Annexure 4

 

DRAFT CONDITIONS OF APPROVAL

 

1.         DEFERRED COMMENCEMENT

 

Objective

 

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

 

Performance

 

Development Application 2012/084 has been approved as a “Deferred Commencement” in accordance with Section 80(3) of the Environmental Planning and Assessment Act 1979.

 

Condition No. 3 to 14 of this development consent shall not operate until the application complies with Condition No. 2 to the satisfaction of Council.

 

2.         BATHURST REGIONAL COUNCIL APPROVAL

 

Objective

 

To ensure the development proceeds with the consent of both Bathurst Regional Council and Cabonne Council.

 

Performance

 

The applicant must provide Cabonne Council with a copy of Bathurst Regional Council’s consent for the subdivision of the subject land. A copy of the stamped approved plans are to be included with the consent, and are to be the same as the approved plans that this consent relates to.

 

3.      DEVELOPMENT IN ACCORDANCE WITH PLANS

 

Objective

 

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

 

Performance

 

Development is to take place in accordance with the attached stamped plans (Ref No 2012-84 Reference 2011-095DA and 2011-095D3) and documentation submitted with the application and subject to the conditions below, to ensure the development is consistent with Council’s consent. 

 

NOTE:  Any alterations to the approved development application plans must be clearly identified WITH THE APPLICATION FOR A CONSTRUCTION CERTIFICATE. 

 

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

 

4.      APPOINTMENT OF PRINCIPAL CERTIFYING AUTHORITY

 

Objective

 

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

 

Performance

 

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

 

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

 

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

5.      LOT DESIGN AND PURPOSE

Objective

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

Performance

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

(b) Lot(s) 1, 2 and 3 been approved as agricultural lot(s) Clause 12(2)) of Cabonne Local Environmental Plan 1991. 

(c)  Right of Carriageway is to be created across proposed Lots 2 and 3 to provide access to the public road for proposed lots 2 and 3.

 

6.      REGISTRATION OF PLAN OF SUBDIVISION

 

Objective

 

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

 

Performance

 

An application for a Subdivision Certificate is to include five (5) copies of an original Plan of Subdivision prepared by a Registered Surveyor to be lodged at the Land Titles Office.

 

7.      FENCING

 

Objective

 

All boundaries of each lot is to be clearly identifiable.

 

Performance

 

All boundaries are to be fenced prior to the release of the Subdivision Certificate. New boundary fences are to be 90cm high stock proof fences constructed of PLAIN wire to ensure free movement of naitive fauna, including Koals’s. No barbed wire or netting is to be used.

 

8.      PROVISION OF RURAL ADDRESS NUMBERS

 

Objective

 

To provide each eligible rural property with a rural address number in accordance with Standard AS/NZS 4819:2003:Geographic Information – Rural and Urban addressing.

 

Performance

 

The location of each eligible access will be established and a number allocated based upon measurements taken by the Principal Certifying Authority which will be in accordance with Standard AS/NZS 4819:2003.

 

The applicant is to contact Council’s GIS Officer on 63923248 to obtain an application form and instructions.

 

9.      ERECTION OF RURAL ADDRESS NUMBERS

 

Objective

 

To ensure each eligible rural property has a suitably erected and clearly visible rural address number in accordance with Standard AS/NZS 4819:2003: Geographic Information – Rural and Urban Addressing.

 

Performance

 

The designated number plates shall be obtained and erected in accordance with the Specifications for Erection of Rural Address Numbers as supplied by Council.  (Note: These plates are available from Council at the fee specified in Council’s Fees and Charges)

Written notification is to be provided to Council indicating rural addressing numbers have been erected.  This letter is to be supplied to Council or Principal Certifying Authority PRIOR to the issue of a Subdivision Certificate.

 

10.    BUSH FIRE CONTRIBUTIONS

 

Objective

 

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

 

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

 

Performance

 

Prior to release of the Linen Plan the applicant is required to make a contribution of $3,105.90 towards the improvement of bushfire services and amenities for the The Ponds Bushfire Brigade (Income No: 15080 034).

 

11.   RIGHTS OF CARRIAGEWAY AND EASEMENTS

 

Objective

 

To provide for the creation of carriageway and easements.

 

Performance

 

The creation of reciprocal rights of carriageway and easement for the services over the access corridor serving proposed lots 2 and 3. Provision is to be made for the ongoing management/maintenance of the carriageway including clear details of the responsibilities of all affected parties, including mechanism for the resolution of conflicts between affected parties.  Details to be provided to Council for approval of the Director of Environmental Services nominee BEFORE THE ISSUE OF THE SUBDIVISION CERTIFICATE.

 

 

 

 

 

 

12.    CONSTRUCTION OF RIGHT OF CARRIAGEWAY

 

Objective

 

To ensure that the proposed Right of Carriageway is constructed to provide safe and all-weather access to proposed Lots 2 & 3.

 

Performance

 

The applicant is to construct, at his/her full cost, the proposed Right of Carriageway to Rural Class 3  Level 1  standard in accordance with Chapter 4 of “Planning for Bushfires 2006”.

 

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

 

A  COMPLIANCE CERTIFICATE is to be obtained for the Right of Carriageway construction BEFORE THE ISSUE OF THE SUBDIVISION CERTIFICATE.

 

13.    COMPLIANCE WITH CONDITIONS OF CONSENT

Objective

 

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

Performance

 

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

 

14.    IMPACT ON RATES

 

Note:

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

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

The ACTUAL rate to be charged cannot be determined until the Valuer General has separately valued each new parcel of land, but an ESTIMATE of rating may be obtained by contacting Council’s Rates Department on (02) 63 923200.

 


Item 25 Ordinary Meeting 21 May 2012

Item 25 - Annexure 5

 



 


GENERAL MANAGER’S REPORT ON MATTERS FOR NOTATION SUBMITTED TO THE Ordinary Council Meeting TO BE HELD ON Monday 21 May, 2012

Page 1

TABLE OF CONTENTS

 

 

 

ITEM 1      INVESTMENTS & RATES SUMMARIES.......................................... 1

ITEM 2      CENTRAL TABLELANDS WATER - DELEGATES REPORT...... 1

ITEM 3      CABONNE ORANGE BLAYNEY BUSINESS ENTERPRISE CENTRE (BEC)    2

ITEM 4      WBC ACTIVITIES UPDATE REPORT............................................... 3

ITEM 5      DESTINATION 2036 INDEPENDENT LOCAL GOVERNMENT REVIEW PANEL................................................................................................................... 3

ITEM 6      AMENDMENTS TO THE LOCAL GOVERNMENT ACT 1993...... 4

ITEM 7      CUMNOCK YEOVAL SEWER SCHEMES ....................................... 5

ITEM 8      Resolutions Register - InfoCouncil - Outstanding Actions       6

ITEM 9      Changes to StateWide Mutual's Auditing of Liability Issues Methods............................................................................................... 7

ITEM 10    MOLONG LIMESTONE QUARRY ELECTRICITY RATES............ 8

ITEM 11    LONG TERM STRATEGIC CORRIDOR PLAN FOR THE BELLS LINE OF ROAD................................................................................................................... 9

ITEM 12    NSW LONG TERM TRANSPORT MASTER PLAN - CW REGIONAL FORUM   9

ITEM 13    DEVELOPMENT APPLICATIONS RECEIVED DURING THE PRECEDING MONTH................................................................................................................. 11

ITEM 14    DEVELOPMENT APPLICATIONS RECEIVED DURING THE PRECEDING MONTH................................................................................................................. 12

ITEM 15    DEVELOPMENT APPLICATIONS APPROVED DURING THE PRECEDING MONTH.................................................................................................. 13

ITEM 16    DEVELOPMENT APPLICATIONS APPROVED DURING THE PRECEDING MONTH.................................................................................................. 14  

 

ANNEXURE ITEMS

 

ANNEXURE 1.1    Business Paper Investment Schedule April 2012 16

ANNEXURE 2.1    CTW April 12 Delegates Report........................... 17

ANNEXURE 4.1    Report to Council May 2012.................................... 22

ANNEXURE 5.1    LG Review Panel Terms of Reference.............. 25

ANNEXURE 8.1    Council................................................................................ 26

ANNEXURE 8.2    Community Services..................................................... 47

ANNEXURE 8.3    ED and T................................................................................ 48

ANNEXURE 8.4    Environmental Services.......................................... 49

ANNEXURE 8.5    Land Development........................................................ 50

ANNEXURE 8.6    Quarry................................................................................. 52

ANNEXURE 8.7    Rates..................................................................................... 53

ANNEXURE 8.8    Works................................................................................... 54

ANNEXURE 11.1  Response from Duncan Gay MLC re- the Long Term Strategic Corridor Plan for the Bells Line of Road.      62 

 


 

 

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 April 2012    

File Number

\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\FINANCIAL REPORTING - 316279

 

Director of Finance and Corporate Services' REPORT

 

Statement of Investments.

 

The Statement of Investments to 30th April 2012

 

Rate Collection Summary.

 

Rate summary has been delayed due to the introduction of the new IT system.

 

 

ITEM 2 - CENTRAL TABLELANDS WATER - DELEGATES REPORT

REPORT IN BRIEF

 

Reason For Report

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

Policy Implications

Nil

Budget Implications

Nil

Annexures

1.  CTW April 12 Delegates Report    

File Number

\OFFICIAL RECORDS LIBRARY\WATER SUPPLY\LIAISON\CENTRAL TABLELANDS WATER - 312349

 

General Manager's REPORT

 

As requested by Council a report has been received from the delegates to Central Tablelands Water for the meeting of 11 April 2012 of that organisation.

 

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

 

 

 

 

ITEM 3 - CABONNE ORANGE BLAYNEY BUSINESS ENTERPRISE CENTRE (BEC)

REPORT IN BRIEF

 

Reason For Report

To update Council on issues discussed at the last BEC meeting.

Policy Implications

Nil at this stage.

Budget Implications

Nil for Council.  Could have implications for BEC pending Federal & State funding.

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\ECONOMIC DEVELOPMENT\LIAISON\BUSINESS ENTERPRISE CENTRE - BEC ORANGE - 316558

 

General Manager's REPORT

 

The last Board meeting of the Cabonne Orange Blayney Business Enterprise Centre (BEC) was held on Wednesday 9 May 2012.  Council was represented by the Mayor and the General Manager.

 

There were a range of issues discussed at the meeting including:

 

·    After cut-backs in New Enterprise Incentive (NEIS) funding an additional 7 places have been granted which will be required to be filled by 30 June.  The NEIS scheme provides opportunities for unemployed people to commence their own small business operations and has achieved considerable success through the BEC.

 

·    The State Government Business Advisory Service funding has not yet been announced for the 2012/2013 year.  The outcome of this is eagerly awaited as it may affect services provided by the BEC.

 

·    There has been an increase in training activity taken by the BEC.  This has helped to compensate for the delays in funding announcements and completion of grant programs.

 

·    The Federal Government’s Business Incentive Program ceased on 31st March.  The recent Federal Budget did provide some funding for the scheme to recommence from July 2012, however this will be on a competitive basis with expressions of interest to be submitted by BEC and various other bodies.

 

·    The BEC is expected to return a small deficit for the 2011/2012 year, however has adequate cash in reserves to handle the situation.

 

·    Over the last 2 months the BEC has conducted outreach programs in Canowindra, Molong, Blayney, Millthorpe, Cowra and Mudgee under the Federal Government Business Enterprise Program.

 

·    The BEC has been successful in winning a Workcover tender to deliver workshops to small business.

 

 

 

 

 

 

ITEM 4 - 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 May 2012    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - BUSINESS PAPERS - 2012 - 316767

 

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

·    Carbon Tax and Implications for Council Operations

·    Presentation at National Conference

·    Information package for prospective councillors

 

 

ITEM 5 - DESTINATION 2036 INDEPENDENT LOCAL GOVERNMENT REVIEW PANEL

REPORT IN BRIEF

 

Reason For Report

To advise of the establishment of an independent Local Government Review Panel

Policy Implications

Nil

Budget Implications

Nil

Annexures

1.  LG Review Panel Terms of Reference    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNMENT RELATIONS\LOCAL AND REGIONAL LIAISON\DIVISION OF LOCAL GOVERNMENT - 306026

 

General Manager's REPORT

 

Councillors have previously received Ministerial Circular M12-01 advising of the establishment of an Independent Local Government Review Panel as part of the Destination 2036 initiative.  This is the first initiative to be announced under Destination 2036 and the terms of reference for the review are attached.

 

The Panel will be chaired by Professor Graham Sansom, who currently heads up the Australian Centre for Excellence in Local Government. It will also consist of Jude Munro AO and Glenn Inglis.  Ms Munro has considerable local government experience, including as the former chief executive officer of the City of Brisbane, City of Adelaide and the City of St Kilda.  Mr Inglis had many years of experience in local government in regional NSW, including 17 years as general manager at Parry Shire Council and at Tamworth City Council.

 

The panel is expected to report back to the Minister within 12 to 14 months from the start of the review.

 

It is expected that both Council and the WBC Strategic Alliance will make submissions to the Review Panel when further information is to hand.

 

ITEM 6 - AMENDMENTS TO THE LOCAL GOVERNMENT ACT 1993

REPORT IN BRIEF

 

Reason For Report

To advise Council of recent changes to the Local Government Act 1993.

Policy Implications

Nil

Budget Implications

Nil

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNMENT RELATIONS\LEGISLATION\ACTS - 316573

 

Director of Finance and Corporate Services' REPORT

 

Council has been formally advised of recent changes to the Local Government Act 1993.  The changes include the following:

 

·    Allowing a council to grant a lease or licence over community land for a period of up to 30 years subject to the consent of the Minister.

 

·    Providing that the voting system in a contested election is to be optional preferential if only 1councillor is to be elected, or proportional if 2 or more councillors are to be elected.

 

·    Providing an exemption from compliance with requirements of the pecuniary interest provisions at meetings in relation to the adoption of principal local environmental plans (yet to commence).

 

·    Allowing eligible persons to enrol as residential electors for local government elections and cast a provisional vote at an election on polling day, provided the person can produce a NSW drivers licence or Photo Card.

 

·    Making other miscellaneous amendments to improve the conduct of local government elections.

 

·    Precluding members of the NSW Parliament from also holding office as a councillor or Mayor.

 

·    Providing a regulation making power limiting the exercise of functions by councils in the 4 weeks preceding ordinary elections.  Councils will be separately advised of the arrangements to apply during the upcoming ‘caretaker’ period once the Regulation is made.

 

The amendment Acts can be viewed on the Parliamentary Counsel’s website www.legislation.nsw.gov.au.

 

 

ITEM 7 - CUMNOCK YEOVAL SEWER SCHEMES

REPORT IN BRIEF

 

Reason For Report

Advising on impact of not making a rate for Cumnock and Yeoval Sewer Schemes in 2012/13

Policy Implications

Nil

Budget Implications

Outlined in the report

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\RATES AND VALUATIONS\WATER -  SEWER ACCOUNTS\FOUR TOWN SEWERAGE - 316851

 

Director of Finance and Corporate Services' REPORT

 

Council at its April meeting resolved:-

 

“THAT Council receive a further report in relation to the effect on the four town sewer scheme due to not making a rate for the Cumnock and Yeoval Sewerage Schemes and its impact on pegging to the Canowindra Sewerage Scheme”

 

The net loss of income from one year with a nil rate for Cumnock and Yeoval Sewer would amount to $173,000.00.

 

By not making the rate, this amount with have to be included in the borrowings for the Scheme, however when this amount is spread across the combined Cabonne Sewerage Scheme, it would amount to less then $8.00 per assessment and should therefore enable Council to maintain its decision to peg the Four Town Sewer rates to the Canowindra Sewerage rate when the Schemes is commenced.

 

Council also resolved at the April meeting that a report be presented outlining the costs of Legal advice concerning the Cumnock and Yeoval Sewerage Schemes and not making a rate in 2012/13 for the Sewerage construction, the invoice has now been received from Council’s solicitors and the advice cost $2,109.25.

 

 

ITEM 8 - 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 and T

4.  Environmental Services

5.  Land Development

6.  Quarry

7.  Rates

8.  Works    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\RESOLUTION REGISTER - 316786

 

Administration Manager's REPORT

 

InfoCouncil generated reports are provided including May 2009 to April 2012 Resolutions.  These are annexed sorted by meeting i.e. Council, Community Services, etc. 

 

As previously advised the Council and Committees’ resolutions registers from April meetings onwards also show the outstanding Resolutions.

 

Progress comments are provided until the final Action comment which will also show “COMPLETE”: that Item will then be removed from the Registers.

 

Councillors should raise any issues directly with Directors as per the Mayor’s request.

 

 

ITEM 9 - Changes to StateWide Mutual's Auditing of Liability Issues Methods

REPORT IN BRIEF

 

Reason For Report

From July 1 2012 StateWide Mutual is changing the way that the Public Liability incentive payment is calculated. The Council requirement to complete the Public Liability Audit has been removed and is being replaced by a new Incentive Bonus Scheme.

Policy Implications

Nil

Budget Implications

Nil

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\RISK MANAGEMENT\CLAIMS MANAGEMENT\STATEWIDE MUTUAL LIMITED - 308169

 

Risk Management Officer's REPORT

 

Incentive Bonus Scheme

 

Under StateWide Mutual’s old incentive scheme, Council received an Incentive Bonus largely based on the results achieved in the Public Liability Self-Audit and subsequent verification by the Regional Risk Manager. This system is being changed to a system that rewards Council for achieving continuous improvement on an annual basis through the ongoing development and implementation of a Risk Management Action Plan (RMAP). This concept not only promotes a conscious effort to improve systems of management, but also encourages a proactive approach to the management of risks associated with those functions.

 

Current Position

 

The Incentive Bonus Scheme was based on the following components;

 

Meeting (5%) Council attends a minimum of four CENTROC Risk Group meetings or three CENTROC Risk Group Meetings and the Statewide Conference held in August of every year.

 

Self-Audit (20%) Completion and submission of the self-audit. The incentive bonus will be proportional to the verified score achieved.

 

Implementation of the Self-Audit (30%) Implementation of the chosen element from the Audit that needed improvement. The incentive bonus was calculated based on the implementation score.

 

RMAP (15%) Council submits a Risk Management Action Plan to Statewide Mutual.

 

Claims (30%).

 

From 1 July 2012

 

RMAP (20%) Council will need to review and assess its risk management position resulting in the development of a RMAP in a format that is acceptable to Statewide Mutual. The incentive bonus will be proportional to the development of a RMAP that meets the following criteria:

 

1. The  RMAP  will  need  to  include  items  related  to  the  continuous  improvement  of Operational Risk initiatives from the focus areas of Assets, Land Use or Business Activities. These are determined by Council as identified through StateWide Mutual’s developed Operational Risk Workbook and recommendations from StateWide Mutual.

 

2. The  RMAP  will  need  to  address  items related  to  the  continuous  improvement of Strategic Risk initiatives. These can be identified through the Strategic Risk Workbook.

 

3. Council should include other items based on Councils external drivers or other Council priorities.

 

4. Council can demonstrate that Information Management Principles are being addressed as part of the RMAP.

 

5. Council can demonstrate that the RMAP has been formally adopted by the organisation, is effectively communicated to all staff involved, and is regularly reviewed by a senior management team eg Directors Meetings.

 

6The number and complexity of items included in the plan  should reflect Councils risk exposures, capabilities and resources in accordance with the Tier 2 (PL audit score of 60%-89.9%) level for the Council.

 

Review & Assessment of RMAP Implementation (50%) Regional Risk Managers will review and assess whether items identified for completion have been achieved. The incentive bonus will be proportional to the implementation of items completed as part of the RMAP. Finalisation of the assessment for the purposes of the incentive bonus will take place annually by 30 June.

 

Claims (30%) this will be assessed in the same manner as it has been done to date.

 

 

Council’s Risk Exposure will be improved (ie. lower risk) if the Continuous Improvement Programme is effectively instituted and supported at all levels.

 

 

 

 

ITEM 10 - MOLONG LIMESTONE QUARRY ELECTRICITY RATES

REPORT IN BRIEF

 

Reason For Report

To inform council of the reply letter from Minister for Resources and energy.

Policy Implications

Nil

Budget Implications

Nil

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\COUNCIL PROPERTIES\MAINTENANCE\MOLONG LIMESTONE QUARRY - 316594

 

Director of Engineering and Technical Services' REPORT

 

Council received its reply from the Minister for Resources and Energy the Hon Martin Ferguson AM MP.

 

The letter acknowledges the pressures placed on small businesses by electricity price rises. However advises that retail energy pricing remains the responsibility of the State.

 

The Minister makes reference to a number of options including discussing the conditions of our energy contract with the retailer. Council staff are in contact with the retailer reviewing charges and looking at ways to reduce energy usage and minimal pricing.

 

ITEM 11 - LONG TERM STRATEGIC CORRIDOR PLAN FOR THE BELLS LINE OF ROAD

REPORT IN BRIEF

 

Reason For Report

Advice on the Long Term Strategic corridor for the Bells Line of Road

Policy Implications

Nil

Budget Implications

Nil

Annexures

1.  Response from Duncan Gay MLC re- the Long Term Strategic Corridor Plan for the Bells Line of Road.    

File Number

\OFFICIAL RECORDS LIBRARY\ROADS and BRIDGES\PLANNING\BELLS LINE OF ROAD - 313068

 

Director of Engineering and Technical Services' REPORT

 

Council has received a letter of response from the Hon.Duncan Gay MLC acknowledging Council’s concerns about the Long Term Strategic Corridor Plan for the Bells Line of Road.

 

See annexure for further information.

 

ITEM 12 - NSW LONG TERM TRANSPORT MASTER PLAN - CW REGIONAL FORUM

REPORT IN BRIEF

 

Reason For Report

Brief council on the forum held in Orange on 26 April 2012.

Policy Implications

Nil

Budget Implications

Nil

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\ROADS and BRIDGES\PROGRAMS\REGIONAL AND LOCAL ROAD PROGRAMS - 313257

 

Director of Engineering and Technical Services' REPORT

 

The Central West regional forum to discuss the future of transport planning in NSW was held in Orange on 26th April 2012.

 

Addressing the forum was the Minister for Transport, Gladys Berejiklian, Minister for Roads and Ports, Duncan Gay and the Deputy Director General Transport for NSW Planning and Programs.

 

The purpose of the forums was to generate a list of issues and outcomes from those present representing stakeholders in transport infrastructure. The group included local government elected members and senior staff, transport owner/operators, business persons and general public.

 

Groups were asked to list and prioritise issues and actions/outcomes. The common or reoccurring issues and actions included;

 

Issue

Action

·    Poor transport access to the Sydney basin

·    Old road and rail infrastructure built for a different time and transport mode.

·    Immediate action to secure a road corridor for the Bells Line up grade.

·    Plan beyond 2023

·    Consider tunnels for road and rail up grades to reduce travel times.

·    Old and deteriorating road infrastructure.

·    Infrastructure unable to cater for current transport needs.

·    Lack of a strategic plan for B Double access

·    Increase funding for renewal programs.

·    Increase funding for up grades, state, regional and local

·    Equity of services between Metropolitan and Regional areas

·    More funding

·    Local and Regional public transport (between regions) almost non existent.

·    Lack of emergency patient transfer, specifically aerial transfer

·    Invest in improved transport infrastructure to generate growth that will in turn make local and regional public transport services viable.

·    Reinstate/fund the 24 hour helicopter service.

 

The “issues/actions” received at the forum will be collated and used in the development of the draft NSW Long Term Transport Master Plan, release in Mid 2012.

 

ITEM 13 - DEVELOPMENT APPLICATIONS RECEIVED DURING THE PRECEDING MONTH

REPORT IN BRIEF

 

Reason For Report

Details of Development Applications received during the preceding month.

Policy Implications

Nil

Budget Implications

Nil

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\DEVELOPMENT AND BUILDING CONTROLS\BUILDING AND DEVELOPMENT APPLICATIONS\REPORTING - DEVELOPMENT APPLICATIONS TO COUNCIL - 316058

 

Director of Environmental Services' REPORT

 

The following Development Applications have been received during the period 1/03/2012 to 31/03/2012 as detailed in the Annexure.

 

SUMMARY OF DEVELOPMENT APPLICATIONS RECEIVED

 

TYPE

ESTIMATED VALUE

One Lot Subdivision

$ -----

Subdivision

$ -----

Remove ROW & Construct New Access

$ -----

S68 Plumbing & Drainage

$ -----

100 Mile Dinner

$ -----

Proposed Cellar Door

$ -----

Community Event

$ -----

Four Lot Subdivision

$ -----

Cellar Door Cafe Visitors Centre Function Centre

$ 23,000

Double Garage

$ 10,000

Single Storey Dwelling with Attached Garage

$ 300,314

Dwelling

$ 110,000

Mural

$ 1,500

Dwelling, Garage, Septic

$ 450,000

Reinstate

Pre-Existing Verandah

$ 50,000

Four Lot Subdivision

$ -----

TOTAL: 16

$ 944,814

 

 

SUMMARY OF COMPLYING DEVELOPMENT* APPLICATIONS RECEIVED

 

TYPE

ESTIMATED VALUE

Games Room

$ 47,500

Farm Shed

$ 30,000

Dwelling & Garage

$ 295,000

Demolition of Cottage Shed & Tank

$ 5,000

TOTAL: 4

$ 377,500

 

GRAND TOTAL: 20

$ 1,322,314

 

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

 

 

 

ITEM 14 - DEVELOPMENT APPLICATIONS RECEIVED DURING THE PRECEDING MONTH

REPORT IN BRIEF

 

Reason For Report

Details of Development Applications received during the preceding month.

Policy Implications

Nil

Budget Implications

Nil

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\DEVELOPMENT AND BUILDING CONTROLS\BUILDING AND DEVELOPMENT APPLICATIONS\REPORTING - DEVELOPMENT APPLICATIONS TO COUNCIL - 316059

 

Director of Environmental Services' REPORT

 

The following Development Applications have been received during the period 1/04/2012 to 30/04/2012 as detailed in the Annexure.

 

SUMMARY OF DEVELOPMENT APPLICATIONS RECEIVED

 

TYPE

ESTIMATED VALUE

Three Lot Subdivision

$ -----

Relocated Cottage

$ -----

Dwelling

$ -----

Eleven Lot Subdivision

$ -----

Proposed Residence & Ancilliary Structures

$ -----

Shed & Removal of Existing Shed

$ -----

Four Lot Subdivision

$ -----

10 Murals

$ -----

Public Event

$ -----

Two Lot Subdivision

$ -----

Change of Use

$ -----

Renew Absorption Trench

$ 78,000

Shade Structure

$ 20,000

Shed, Workshop Extension 7 Awning

$ 160,000

Steel Shed

$ 12,000

Dwelling, Garage & Tank

$ 140,000

Dwelling, Shed, Tank & Septic

$ 200,000

Additions/Alterations

$ 180,000

Shed & S.68

$ 35,000

Alterations/Additions

$ 111,111

Double Garage

$ 10,000

Extension of Existing Shed

$ 12,000

Sun Shelter over Skate Park

$ 27,000

Toilet Facility Upgrade

$ 7,000

TOTAL: 24

$ 992,111

 

SUMMARY OF COMPLYING DEVELOPMENT* APPLICATIONS RECEIVED

 

TYPE

ESTIMATED VALUE

TOTAL: 0

$ -----

 

GRAND TOTAL: 24

$ 992,111

 

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

 

 

 

ITEM 15 - DEVELOPMENT APPLICATIONS APPROVED DURING THE PRECEDING MONTH

REPORT IN BRIEF

 

Reason For Report

Details of Development Applications approved during the preceding month.

Policy Implications

Nil

Budget Implications

Nil

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\DEVELOPMENT AND BUILDING CONTROLS\BUILDING AND DEVELOPMENT APPLICATIONS\REPORTING - DEVELOPMENT APPLICATIONS TO COUNCIL - 316060

 

Director of Environmental Services' REPORT

 

The following Development Applications have been approved during the period 1/03/2012 to 31/03/2012 as detailed in the Annexure.

 

SUMMARY OF APPROVED DEVELOPMENT APPLICATIONS

 

TYPE

ESTIMATED VALUE

Dwelling

$ 300,000

 

Dwelling & Septic

$ 300,000

Dwelling & S.68

$ 427,000

Dwelling & Demolition of Existing Dwelling

$ 450,000

3 x Septic Tank Systems

 

$ 18,700

Abultion Block & Changerooms

$ 170,000

Dwelling, Carport, Detached garage, Water tank, Septic

$ 360,000

S.68 & Kitchen Alterations

$ -----

TOTAL: 8

$ 2,025,700

 

SUMMARY OF APPROVED COMPLYING DEVELOPMENT* APPLICATIONS

 

TYPE

ESTIMATED VALUE

Games Room

$ 47,500

Farm Shed

$ 30,000

Demolition of Cottage Shed & Tank

$ 5,000

TOTAL: 3

$ 82,500

 

 

GRAND TOTAL: 11

$ 2,108,200

 

Previous Month: 13

$ 1,408,935

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

 

 

ITEM 16 - DEVELOPMENT APPLICATIONS APPROVED DURING THE PRECEDING MONTH

REPORT IN BRIEF

 

Reason For Report

Details if Development Applications Approved during the preceding month.

Policy Implications

Nil

Budget Implications

Nil

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\DEVELOPMENT AND BUILDING CONTROLS\BUILDING AND DEVELOPMENT APPLICATIONS\REPORTING - DEVELOPMENT APPLICATIONS TO COUNCIL - 316062

 

Director of Environmental Services' REPORT

 

The following Development Applications have been approved during the period 1/04/2012 to 30/04/2012 as detailed in the Annexure.

 

SUMMARY OF APPROVED DEVELOPMENT APPLICATIONS

 

TYPE

ESTIMATED VALUE

Kit Home & Garage

$ 110,000

 

Garage

$ 22,000

Renew Absorption Trench

 

$ 78,000

Dwelling

$ 380,000

Dwelling

$ -----

100 Mile Dinner

$ -----

Community Event

$ -----

Subdivision

$ -----

Light Industry Cider Brewery & Signage

$ -----

TOTAL: 9

$ 590,000

 

SUMMARY OF APPROVED COMPLYING DEVELOPMENT* APPLICATIONS

 

TYPE

ESTIMATED VALUE

Detached Garage, Alteration/Additions to Existing Dwelling & Drainage

$ 222,850

TOTAL: 1

$ 222,850

 

 

 

 

GRAND TOTAL: 10

$ 812,850

 

Previous Month: 11

$ 2,108,200

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

  


Item 1 Ordinary Meeting 21 May 2012

Item 1 - Annexure 1

 


Item 2 Ordinary Meeting 21 May 2012

Item 2 - Annexure 1

 

Delegates Report - Central Tablelands Water

The following is a précis of the items discussed at the April 2012 meeting of Central Tablelands Water (CTW) and is submitted for Council’s information:

1.  Integrating Planning & Reporting, incorporating 2012/2013 Operational Plan

Following consideration of a report from the General Manager and a presentation on the IP&R process by the Executive Manager of the WBC Alliance, Council resolved:

1.   To endorse the draft:

a.   Delivery Plan 2012 – 2016

b.   Operational Plan 2012- 2013 – Part 1 & 2

c.   Workforce management Plan 2012 – 2016

d.   Asset Management Strategy and Plans

e.   Long Term Financial Plan

          To be placed on public display for a period of 28 days.

 

2.   To adopt the CTW Community Strategic Plan which had previously been on public display and attracting no submissions.

 

The 2012/2013 draft Operational Plan provides for an increase of 15 cents per kilolitre (8%) in water consumption charges and a $40.00 increase in the annual availability (or access) charge.

Council considers that its pricing is cost effective and the 2010/2011 NSW Water Supply & Sewerage Performance Monitoring Report, issued by the NSW Office of Water (NOW), reports that Council was operating with full cost recovery. However, due to the significant decrease in water sales as a result of the continued above average rainfall in the region, reduction in interest earnings from investments, and increased depreciation costs due to revaluation of assets it is now estimated that Council will complete 2011/2012 with a net operating deficit of $205,800.

Council resolved in 2006/2007 to effect an annual increase of 8% on consumption charges in order to self-fund an extensive capital works programme ($52.84 million in 2010 $ terms) over the next 30 years without the need for loan borrowings or government subsidies. Due to the significant reduction in water consumption, a forecast rise of 9% in energy costs in 2012/13 and other cost pressures such as increased depreciation, in order to maintain its 30 year financial plan and capital works programme, Council is planning to increase the annual availability charge for a standard 20mm service from $160.00 per year to $200.00 per year, with larger services increasing respectively. Consumption charges are planned to increase by 8% from $1.84 to $1.99.

Council has a dedicated focus on consumer expectations and, through its pricing policy, consumers are receiving a water supply of high quality and reliability and this is wholly attributable to the pricing policy being able to fund an ongoing programme of infrastructure renewal and upgrade. 

Council has embraced Best Practice Pricing of Local Water Utility services as outlined in the NSW Office of Water Best Practice Management of Water Supply and Sewerage Guidelines. In summary, the following pricing regime exists for Central Tablelands Water:

1.       A two part pricing policy of an availability (access) charge, determined on the diameter of the meter, and a consumption charge,

2.       Residential and rural consumers are subject to a 50% increase in the usage charge for consumption in excess of 450 kL per annum,

3.       There are no non-residential cross subsidies.

4.       Water accounts are rendered quarterly.

Availability (Access) Charges

The availability charge is calculated by multiplying the charge for a standard 20mm connection by the flow capacity factor (FCF) listed in the Flow Capacity Table below.

Flow Capacity Table

Diameter of Water Service

20mm

25mm

32mm

40mm

50mm

80mm

100mm

Flow Capacity Factor

1.00

1.5625

2.56

4.00

6.25

16.00

25.00

Developer Charges

Incorporated in Council’s Developer Servicing Plan is the calculated developer charge per Equivalent Tenement (ET) levied on all new developments, or additions/changes to existing developments, supplied from the Lake Rowlands Supply area.

The Section 64 Developer Charge for 2012/2013 is $8,732.00 per ET.

Council resolved that the determination of an ET would be in accordance with the Section 64 Determination of Equivalent Tenement Guidelines, published by the NSW Water Directorate and that the charge would be indexed on 1 July each year in accordance with the change in the Consumer Price Index for Sydney in the preceding 12 months to December.

Council has also adopted a capital contribution charge for developments on existing vacant unconnected land, not subject to subdivision (in-fill blocks), within all towns and villages, with the exception of Quandialla. This charge would also be indexed on 1 July each year in accordance with the change in the Consumer Price Index for Sydney in the preceding 12 months to December. The capital contribution charge on existing vacant unconnected land for 2012/2013 is $3,776.00 per ET. This charge will rise to the equivalent of the Section 64 Developer Charge in 2014/2015.

The capital contribution charge for all vacant unbuilt upon land within the existing village of Quandialla remains in accordance with the adopted fees and charges for 2012/2013.

 

2.   Lake Rowlands Augmentation Proposal

 

The General Manager presented the following report:

 

“At the February 2012 meeting Council considered a report from the General Manager on the current status of the Lake Rowlands augmentation proposal and the repercussions of the revised secure yield calculations on the proposed new dam, carried out by NSW Public Works Department.

Following consideration of that report, Council resolved as follows:

1.       That Council continue to support Centroc with its endeavours to provide water security for the Central West region.

2.       That all future advocacy for the Centroc Water Security Study should be undertaken by Centroc.

As a postscript to that report, Council has received a letter from the Minister for Primary Industries, the Hon. Katrina Hodgkinson MP, responding to Council’s submissions on Lake Rowlands and in particular the visit of the Chairman and General Manager to her Macquarie Street office.

In her letter the Minister advises, following on from the revised secure yield analysis of an enlarged Lake Rowlands, the NSW Office of Water has suggested that CENTROC and Central Tablelands Water may wish to consider examining options for an enlarged Lake Rowlands as an on-stream/off-stream storage with the dam’s natural yield supplemented by connection to other sources by pipeline and topping up when the level is falling (The inference there is for a grid connection with Lake Rowlands, Wyangala and Burrendong). The Minister also advised that there was no money available from the State Government for the funding of any further investigations.

The Minister also points out in her letter that Council’s current licence is restricted to a volumetric entitlement of 3,150ML/annum and that this could only be increased by the purchase of irrigation licences but then the Minister goes on to say that the irrigation licences could not be converted to town water licences under current legislation, so what is the point.

The Minister also stated in her letter that, considering the revised secure yield calculation, the General Manager expressed his concern as to the financial viability of an enlarged Lake Rowlands. The General Manager has since written back to the Minister refuting that statement and clarifying what he actually had said. The General Manager has since received an apology from the Minister’s office for the misquoting and misrepresentation

The General Manager recommends that Council, as a member council of CENTROC, reiterate its support to that organisation as outlined in the February 2012 resolution.

The General Manager has requested fee options from consultants GHD and the NSW Office of Public Works to carry out an options study of the recommended options available to remediate the existing Lake Rowlands to comply with the requirements of the NSW Dam Safety Committee.”

Following consideration of the General Manager’s report, Council resolved as follows:

That Council reiterate its previous resolution to support Centroc with its endeavours to provide water security for the Central West region.

3.   Office Operating Hours

Following a report from the General Manager, Council resolved to formally adopt the administration office open times from 9.00am to 4.30pm

4.   Annual Staff Picnic

Council resolved to approve the closing of Council’s administration office on Friday 11 May 2012 for the occasion of the Annual Staff Picnic.

5.   Flood Damage to Trunk Mains

The General Manager presented the following report:

“As reported through General Manager communiqué’s to Councillors and through press releases, on the evening of 1 March 2012, Council suffered severe flood damage to its trunk mains in six (6) locations where the trunk mains traverse a number of creeks and the Belubula River.

On that particular evening, the voracity of the water flowing down these water courses was such that the trunk mains were severed and, in some cases, together with the concrete pier supports, were washed away and carried downstream.

To ensure that consumers did not suffer an interruption to their water supply, Council’s Operations staff worked tirelessly over a number of days to bring emergency ground water sources into operation and reconnect the severed pipelines with temporary polypipe connections.

Since the evening of 1 March, the areas covered by Grenfell, Gooloogong, Canowindra, Morebel, Eugowra and Peirce’s Rural Scheme have been on the Gooloogong Bore supply. For a few short days until the severed pipes could be connected, Cudal, Cargo and Manildra were supplied from the Cudal Bore.

Following the temporary reconnection at creek crossings at Bingara, Sugarloaf, Emu Creek and the Belubula River, the villages of Cargo, Cudal and Manildra were restored to the Lake Rowlands Supply. The towns and villages currently being supplied from Gooloogong Bore will remain on that supply until the pipeline at Jack’s Creek (near Canowindra) can be permanently restored.

The cost of carrying out permanent restoration will necessitate major works at all these locations and has been reliably estimated at up to $500,000. These works are currently being planned and programmed by the Operations Manager and should be completed within the next 3 to 6 months.

Whilst the local government areas of Blayney, Cabonne and Weddin have all been declared Natural Disaster Areas for the purposes of funding for the restoration of essential services, the General Manager has been advised that local water utilities do not qualify for funding as they are classified as “Trading Undertakings”.

The funding guidelines state that the funding is available for the restoration of essential services and the General Manager is of the opinion that town water supply should be high on the essential services list.

Natural Disaster Funding is administered by the Minister of Finance and Services through the NSW Office of Public Works. The General Manager has written to the Minister, Greg Pierce, the Premier, the Treasurer, the Minister for Primary Industries, Katrina Hodgkinson, Paul Toole, Member for Bathurst, Andrew Gee, Member for Orange and the Local Government and Shires’ Association expressing Council’s concern with this ruling and seeking their assistance and support for the removal of this impediment to all local government water utilities.

Following consideration of the General Manager’s report, Council resolved as follows:

That Council endorse the action of the General Manager in his written submissions to the NSW State Government and that the General Manager prepare and submit a late motion to the forthcoming Shires’ Association Conference seeking advocacy of the LGSA for the removal of the “Trading Undertaking” classification of local water utilities

6.    Operations

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

Service Repairs

Council staff have completed six partial service replacements and two full replacements over the past two months.

Service Complaints and Requests

Staff repaired some 30 minor problems to water services over the past two months

Mains Breaks

In the two-month period there have been 5 reticulation main breaks, 1 rural scheme failure and 6 trunk main breaks.

   Flood Damage

Staff spent a large amount of time constructing and connecting temporary pipelines to keep customers in water during early March, with bores at Gooloogong and Cudal used.  Permanent repairs will commence as soon as staff can access sites

Capital Works

A 2.000 metre main replacement has been completed in South Canowindra and all services transferred to the new infrastructure.

New Services

In the two-month period there have been six (6) new service connections.

Reservoir Levels

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

Lake Rowlands level at 1 April was at 97% of capacity.

 

Cr. J S Farr OAM

 

Cr. K Duffy

 


Item 4 Ordinary Meeting 21 May 2012

Item 4 - Annexure 1

 




Item 5 Ordinary Meeting 21 May 2012

Item 5 - Annexure 1

 


Item 8 Ordinary Meeting 21 May 2012

Item 8 - Annexure 1

 






















Item 8 Ordinary Meeting 21 May 2012

Item 8 - Annexure 2

 


Item 8 Ordinary Meeting 21 May 2012

Item 8 - Annexure 3

 


Item 8 Ordinary Meeting 21 May 2012

Item 8 - Annexure 4

 


Item 8 Ordinary Meeting 21 May 2012

Item 8 - Annexure 5

 



Item 8 Ordinary Meeting 21 May 2012

Item 8 - Annexure 6

 


Item 8 Ordinary Meeting 21 May 2012

Item 8 - Annexure 7

 


Item 8 Ordinary Meeting 21 May 2012

Item 8 - Annexure 8

 









Item 11 Ordinary Meeting 21 May 2012

Item 11 - Annexure 1