GENERAL MANAGER’S REPORT ON MATTERS FOR DETERMINATION SUBMITTED TO THE Environmental Services and Sustainability Committee Meeting TO BE HELD ON Tuesday 5 March, 2013

Page 1

 

 

   TABLE OF CONTENTS

 

 

ITEM 1      APPLICATIONS FOR LEAVE OF ABSENCE.................................. 2

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

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

ITEM 4      DERELICT DWELLING - 4 CHARLOTTE STREET, CANOWINDRA 3

ITEM 5      54-56 BANK STREET, MOLONG - DAMAGE TO VERANDAH STRUCTURE AND MAINTENANCE OF THE FORMER WESTERN STORES BUILDING AT 15-23 BANK STREET, MOLONG.................................................................. 4

ITEM 6      REVIEW OF HERITAGE COMMITTEE AND HERITAGE PROGRAM INCLUDING MUSEUM PROGRAM........................................................................... 7

ITEM 7      MODIFICATION APPLICATION DA 2012/166 - 6 RESIDENTIAL UNITS& STRATA SUBDIVISION (7 LOTS) ON PROPOSED LOT 5 IN SUBDIVISION OF LOT 5 IN SUBDIVISION OF LOT 29B DP 1112219 MCDONALD LANE, CANOWINDRA 17

ITEM 8      modification application da2013/95 - subdivision of lot 100 dp 1033337, 2 south street, cudal............................................ 23

ITEM 9      BUSINESS PAPER ITEMS FOR NOTING...................................... 28   

 

 

 


 

 

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

IPR Linkage

 4.5.1.f - Code of Meeting Practice adopted and implemented.

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - COUNCILLORS LEAVE OF ABSENCE - 453018

 

 

Recommendation

 

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

 

General Manager's REPORT

 

A call for apologies 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

IPR Linkage

 4.5.1.f - Code of Meeting Practice adopted and implemented.

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - COUNCILLORS DECLARATION OF INTEREST - 453020

 

 

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

IPR Linkage

 4.5.1.f - Code of Meeting Practice adopted and implemented.

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - COUNCILLORS DECLARATION OF POLITICAL DONATIONS - 453021

 

 

Recommendation

 

THAT any Political Donations be noted.

 

General Manager's REPORT

 

A call for Declarations of any Political Donations.

 

 

ITEM 4 - DERELICT DWELLING - 4 CHARLOTTE STREET, CANOWINDRA

REPORT IN BRIEF

 

Reason For Report

To update the committee on activities relating to the subject land

Policy Implications

Nil

Budget Implications

The proposal for council to facilitate demolition of the structure will be a cost to council that may not be recoverable

IPR Linkage

4.5 - Meeting the Council's statutory obligations for Development Control, Environmental Health and Animal Control.

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\LAWS AND ENFORCEMENT\INVESTIGATIONS\REPORTS - 452914

 

 

Recommendation

 

THAT:

1.  The information be noted,

2.  Quotes be sought from accredited asbestos demolishers for the demolition of the derelict building located upon Lot 21 DP 605485, being 4 Charlotte Street, Canowindra, and

3.  The cost of demolition of the structure at 4 Charlotte Street, Canowindra be funded by council and recorded on the property as an outstanding debt

 

Director of Environmental Services' REPORT

 

The property at 4 Charlotte Street, Canowindra  contains an unoccupied fire damaged building. Council served an Emergency Order on 14 January 2011 with follow up correspondence in July 2011 and a report to council in December 2011. The property is  owned by the Estate of the late JF Bassett and Ms VL Hobson. Despite numerous attempts by council staff to contact individuals representing the estate, no response has been received and no action has been taken to secure the site.

 

There has been a significant time lapse since the Order was served. It would appear pointless to serve a new Order to demolish the building and it may be the more effective solution if council were to undertake the work by way of contracting an accredited demolisher and having the costs placed on the property as a debt to be recovered upon sale of the property by the current owners. As asbestos may be present in the building the demolition work will need to comply with NSW WorkCover requirements including preparation of an asbestos removal control plan. 

 

The situation of burnt out buildings and inaction by owners to comply with orders is similar in other council areas, particularly when the cost of demolition is greater than the sale value of the land. It would seem that this is a burden that is transferred to council when addressing community safety, when the most effective measure requires council to commit funds to carry out the work that should be the responsibility of the land owner. This results in an unbudgeted item.

 

Council may care to consider a budget contingency for such demolitions.

 

ITEM 5 - 54-56 BANK STREET, MOLONG - DAMAGE TO VERANDAH STRUCTURE AND MAINTENANCE OF THE FORMER WESTERN STORES BUILDING AT 15-23 BANK STREET, MOLONG

REPORT IN BRIEF

 

Reason For Report

To provide the committee with an update on the matter

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5 - Meeting the Council's statutory obligations for Development Control, Environmental Health and Animal Control.

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\LAND USE AND PLANNING\NOTIFICATIONS - 452928

 

 

Recommendation

 

THAT the information be noted and that council write to the landowner of 54-56 Bank Street, Molong and the landowners of  the former Western Stores building 15-23 Bank Street, Molong conveying the community concerns regarding building safety and seeking a commitment to a timeframe for works to the buildings.

 

Director of Environmental Services' REPORT

 

The committee will be aware through the monthly reports of the Heritage Advisor that council staff have been actively involved in negotiating a satisfactory outcome to address the structural damage sustained to the building known as the Molong Bakery following a traffic accident where a verandah corner post was hit by an Australia Post contract vehicle.

 

As the committee would be aware an Order was served by council on the owner following the incident.  Council required a structural engineer’s report on the verandah, and has based its subsequent discussions with the property owner on the report findings. The eastern section of the area has been, and remains cordoned off from public access. Based on the structural engineer’s report it was not considered necessary to force closure of the business operating from the building. However in view of ongoing community concerns and the length of time since the damage occurred (settlement of the insurance claim has not been finalised - and is not a matter requiring council’s involvement) council may need to review the continued use of the premise for commercial activity.

 

The building’s owner is preparing a development application for significant restoration works focussed on re-instating the double storey verandah. The scope of works extends beyond repair to the structural damage generated by the traffic incident. The outcome is likely to significantly enhance the visual amenity of the building and its streetscape. Council staff has provided input into design solutions that could address the conflict between traffic using the adjacent driveway and proximity to the Bakery building.

 

Council has received a number of enquires from members of the community concerned about the safety of the existing verandah. The most recent concern received from local resident Rozzi Smith is provided below for the information of the committee:

 

In the event that an accident occurs at the bakery building and building material (or the verandah) falls onto those sitting at tables below or passers by - surely in a court of law the 'buck would stop' with Cabonne Council as the owner of the footpath space below - and as the planning/local government body who is aware that the problem of the building exists - and that a length of time has occurred in insurance company discussions since the incident - with no resolution. I would think that CC would come under fire from a coroner for not bringing the parties (insurance companies) together to resolve the issue in a timely and safe manner.  I would think as part of town safety - alone - that it would be very prudent of CC to advise the insurance companies, in writing, of a timeline for the building repairs to eventuate. It doesn't seem right to me for CC to take the view that you can't be involved on behalf of the local community - and ensuring the safety of the local community in a highly exposed area of Bank Street. I can't help but feel disappointed with the view that CC cannot intervene when there is a town safety problem very evident? Particularly, also, where I understand that CC has given approval for the temporary measure of the pole being put into place to hold up the verandah. I just think that it is up to CC to ensure some kind of intervention and has a right to do this??

 

The same with the pole that still remains in place in front of the Western Stores building holding up the awning. It must be a good three years since this 'temporary' pole was allowed by CC. Since that time the eastern end of the awning is still filling with debris and not cleaned out to ensure that the awning does not fall on someone during or after storms - when rainwater clearly floods from the main roof into the awning. I would think that intervention by CC in both matters would be prudent in protecting the safety of the people of Molong, visitors and tourists?

 

Council staff continue to negotiate with the landowner to address the building matter, and to seek progress by the landowner as a matter of urgency. Liaison also takes place with the tenant and the managing agent. Advice provided is based upon planning and building regulations. Structural engineering assessment has been undertaken. As a result, part of the pavement area has been cordoned off to preclude public access in vicinity of the damaged corner post.

 

To address Ms Smith’s community safety concerns further, council would need to consider closing the footpath along the whole frontage of the building. This would require temporary closure of the bakery cafe premises (a timeframe that is unknown). The present restrictions to access of the site balance the building issues and economic considerations of the tenant’s commercial business operation. It has not been considered necessary or reasonable to secure the entire building frontage. It is suggested that council write to the landowner bringing to their attention the community concern for the Bank Street pavement area in the vicinity of the bakery building.

 

Ms Smith raised concerns regarding a second building in Bank Street – being the Western Stores building. The maintenance of buildings including guttering and downpipes is a responsibility of the building owner. In this case the building despite a shared facade is actually two separate land titles and in two different ownerships. Council’s health and building staff and the Heritage Advisor have contacted the owners of the allotments and provided advice. Contact has been as recent as December 2012 as reported in the Heritage Advisor’s notes.

 

It would however require both property owners working together to address the awning maintenance issues.  The awning is a cantilever awning (and not a traditional verandah like the bakery building). Council’s Heritage Advisor during a site visit in December 2012 recommended to the owner of 21-23 Bank Street that a Structural Engineering report be obtained to identify any problems with the structure and to recommend what works are required to repair the awning and allow the prop to be removed.

 

As with the bakery building a formal letter can be issued to the Western Store building’s landowners seeking commitment and a timeframe to address the community concerns regarding the building’s safety.

 

ITEM 6 - REVIEW OF HERITAGE COMMITTEE AND HERITAGE PROGRAM INCLUDING MUSEUM PROGRAM

REPORT IN BRIEF

 

Reason For Report

Report prepared to address committee and coucil resolutions requesting a review of council's heritage and museum programs

Policy Implications

Nil

Budget Implications

Report has no impact upon budget allocation. A restructure of the programs may impact upon future budget allocations

IPR Linkage

4.3 - Beautiful towns and villages with historic assets cared for and preserved.

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\DEVELOPMENT AND BUILDING CONTROLS\MEETINGS\HERITAGE COMMITTEE MEETINGS - 453109

 

 

Recommendation

 

THAT:

1)   expressions of interest be called from the Cabonne community for representation upon council’s Heritage Advisory Committee, and

 

2)   consequent to council’s appointment of community representative upon the Heritage Advisory Committee, that a workshop be facilitated by the Heritage Advisor and Director Environmental Services for councillors and the Heritage Advisory Committee to review the Strategic Heritage Plan 2011-14

 

 

Director of Environmental Services' REPORT

 

Council has for approximately 20 years administered a Heritage Program supported financially by the NSW Heritage Office. The program supports the position of Council’s Heritage Advisor (who visits Cabonne one day per month) and an annual small grants program for heritage conservation and restoration of sites and places. In 2007 council established a Heritage Advisory Committee made up of community representatives to facilitate the council’s annual heritage grants program. The committee reports to the Environmental Services and Sustainability Committee. The activities of the Heritage Advisor are also reported to the standing committee.

 

The heritage grants program and the Heritage Advisor’s program are part funded by the NSW Heritage Branch. Funding is provided on a 3 year term. Annual reporting is required of council to State government for both programs. 

 

In line with Department of Planning and Infrastructure (Heritage Office/Branch) guidelines and funding requirements council adopts a three year Strategic Heritage Plan. The 2011-14 Strategic Heritage Plan was endorsed by the Environmental Services and Sustainability Committee at its meeting of 2 May 2011. This plan provides the framework for council’s heritage programs including its involvement with Blayney and Orange councils in the Sustainable Collections Regional Museums Program.

 

The Council’s Heritage Advisory Committee operated under a Charter that enabled representatives to serve on the committee for a 4 year term coinciding with the elected councillors term of office. The membership of the recent committee concluded in September 2012 coinciding with the Cabonne Local Government election.

 

The Heritage Committee has struggled throughout its 5 years as it lacks purpose. Its role is to make recommendations to the standing committee. By the practice in place the minutes of the Advisory Committee are noted by the standing committee. No further action occurs. For a matter to be considered by the Environmental Services and Sustainability Committee or Council, staff are required to prepare a separate report with an action recommendation. In this way even the comments of the Advisory Committee regarding their core role, being recommendations for allocation of the small grants program, have no substance and the decision making is achieved through the Environmental Services and Sustainability Committee. There is also a duplication of staff time in preparing dual reports and recommendations for two committees.

 

Suggestions or concepts put forward by the advisory committee in line with the endorsed strategic plan also are limited to the noting action of the standing committee. The Heritage Advisory Committee had become disillusioned in that the time private individuals were dedicating to the committee, and the  suggestions being made by the committee, did not result in pro active strategic planning outcomes by council. As there was no ‘ownership’ of programs, and no ability to undertake projects, the committee was limited to discussion level only. As no budget is allocated to the committee, any projects that could be encouraged must have no cost attributed to the committee.

 

The Environmental Services and Sustainability Committee at its meetings of June and October 2012 requested a review of the heritage committee and a report on the future direction and opportunities of the committee. Similarly council has also requested further consideration of council’s museum program and for the purpose of this report that matter too will be addressed. The request for the review came from the concerns identified by the advisory committee and its former Chair Cr David Hyde, plus the comments of the Heritage Advisor recorded in his monthly report to council.

 

Strategic Heritage Plan 2011-14

The adopted 2011-14 Plan is provided below:

1.0   Introduction

This document has been prepared to meet the requirements of the NSW Heritage Office 3 year funding agreement to support local government heritage management in NSW.

 

Cabonne Council includes the villages of Molong, Canowindra, Eugowra, Cudal, Cargo, Cumnock, Yeoval and Manildra, as well as a substantial rural area focussed on those villages.

 

The purpose of this document is to provide a summary of the strategies Cabonne Council will employ to guide heritage management for the financial years 2011/12, 2012/13 and 2013/14. The NSW Heritage Office publication Eight suggestions on how local councils can promote heritage conservation was utilised in the preparation of this summary heritage strategy.

2.0    Conservation and Maintenance

Aim: To promote the conservation and maintenance of Cabonne’s heritage.

 

Actions:

·    Continue to offer a Heritage Advisory Service to the Cabonne Council area.

 

·    Continue to offer a Small Grants Heritage Fund of up to $14,000 per year to encourage owners to undertake conservation and maintenance works, a minimum of a $ for $ basis.

 

·    Continue to facilitate a community based Heritage Committee

 

·    Complete the public consultation program relating to the Cabonne Community Heritage Inventory program

 

·    Develop a strategy to address the lower priority local listings in the Cabonne Community Heritage Inventory (2003) that further enhances their protection in a cooperative and positive process that involves the property owners.

 

3.0       Education and Community Awareness

 

Aim: To raise community awareness and education on issues related to heritage conservation and management within the Cabonne area.

 

Actions:

·       To continue to promote and develop brochures for the Cabonne area in respect of a range of heritage conservation issues.

 

·       To seek to establish a Cabonne Heritage Awards program to promote and recognise sound conservation practice within the Cabonne community.

 

·       To liaise with community groups, such as the village associations, historical societies and interest groups, in issues affecting heritage conservation in Cabonne.

 

·       To investigate hosting an educative seminar every second year for the community that includes information on how to maintain older buildings.

 

·       To provide opportunities to Council staff to attend relevant training courses.

 

·       Assist Council and interested local schools in conserving local cemeteries where funding is available.

 

·       To facilitate through the Heritage Advisor related heritage training courses and seminars for relevant Cabonne Council staff.

 

·       Assist in developing strategies through community consultation for the conservation and protection of specialised places.

 

·       Encourage Council and community participation with the Central West Heritage Network.

 

4.0       Development Assessment

 

Aims:  To provide policies and plans appropriate to the assessment of applications that relate to sites and places of heritage significance within the Bank Street Conservation Area and Gaskill Street Conservation Area.

 

Actions:

 

·       To continue to seek the input of Council’s Heritage Adviser in the assessment of applications likely to impact on the heritage significance of buildings/places.

 

·       To identify all items of heritage consideration on the Council mapping system, so that heritage related issues are noted at pre-lodgement and development application lodgement.

 

·       To continue to update the site information recorded in the State Heritage Inventory database and to add local history elements.

 

·       To ensure heritage provisions are adequately addressed in the required Standard Instrument LEP review and supported by appropriate controls in the proposed comprehensive shire wide Development Control Plan.

 

5.0       Identification and Protection

 

Aim: To identify and protect all buildings and places within the Cabonne local government area that are considered to be of heritage significance.

 

To identify and where practical, to protect historic records, manuscripts and the like.

 

Actions:

 

·       To progressively update the 2003 Cabonne Community Heritage Inventory on an annual basis, with assessment of additional site nominations.

 

·        To provide assistance to the NSW Heritage Office in the identification and listing of state significant buildings/places within the Cabonne area on the State Heritage Register.

 

·        Support in principle the Ophir Reserve Trust initiatives, Fairbridge Farm group, Cobb & Co project, and bushranger programs that focus on key aspects of the Council’s heritage.

 

·        To provide ongoing support to, and liaison with, community based heritage groups.

 

6.0    Management of Council’s Assets

 

Aim: To develop a Cabonne Council Heritage Asset Register and to then prepare appropriate plans to conserve those properties into the future.

 

Actions:

 

·        Develop a heritage assets register for all Council owned heritage properties.

 

·       Investigate preparation of a Conservation Management Strategy (CMS) for Council owned heritage properties, and to consider completing one plan per financial year depending upon the availability of funding.

 

·       Investigate the preparation of a Council policy or procedure to ensure that Council’s outdoor staff are made aware of any historic sites or features that may be included in future works programs and to encourage works crews to notify the Environmental Services Division of Council of any items of significance that are located within road reserves or public parks.

 

·       To identify sites where interpretive signage could be prepared to convey the historic significance of Council owned sites or places.

 

·       To support Council staff in implementing the relevant aspects of the Village Enhancement Program.

 

·       To support Council in conserving and maintaining local cemeteries.

 

7.0    Tourism and Museum Development

 

Aim:

To promote cultural heritage and museum development opportunities.

 

Actions:

 

·   To continue to participate in the development of heritage tourism opportunities related to the region’s history ie gold rush history, bushranger history, pastoral history and transport history.

 

·   To continue to support the Regional Museum Advisors program.

 

·      To continue to provide support to community and tourism groups in the development of cultural heritage tourism projects and programs.

 

·      To continue to promote and identify new opportunities for cultural heritage tourism through the ongoing promotion and identification of sites and tours at the Cabonne visitor information centres.

 

·   To maintain the various Cabonne village heritage walking trails and identify opportunities to expand these trails.

 

·   Liaise with Council’s tourism officer to investigate opportunities to develop a corporate image for interpretive signage that is to be used consistently throughout the Cabonne area to identify heritage sites and places.

 

·   To establish network links with the area’s schools to encourage use of local history material in the school curriculum.

 

·   Continue to investigate and seek funding opportunities for the implementation of heritage tourism projects in association with the pastoral and emerging viticulture industries within the Cabonne area, involving the area’s significant homesteads and woolsheds.

 

8.0    Sustainable Heritage Management

 

Aim:

Promotion of sustainable development as a tool for Heritage conservation

 

Actions:

 

·    Encourage adaptive reuse of buildings

·    Ensure pre DA advice is available on sustainable and energy efficient building modifications

·    Utilise the Heritage Advisory service to develop and encourage appropriate urban design principles.’

 

Assessment of Strategy implementation

As can be seen from the above strategy the program of works requires considerable input from the Environmental Services planning staff.  The programs have a cross reference to council’s tourism program, and can also link to council’s property asset management programs. Community engagement is a key requirement if the programs are to be implemented successfully.

 

Heritage is about identifying those things we value as a community and don’t want to lose. It is also about the perceived image of a town or an area and the ability to use council’s platform of policies and procedures to retain and protect the elements the community value. The heritage strategy provides a framework of accountability to develop and manage the related council programs and to respond to the community’s value judgment.

 

A number of the strategies have and are being addressed. Others are pending due to staff resourcing and funding / budget requirements.

 

The Heritage Advisor commented on the role and function of the heritage advisory committee as follows:

 

‘The constitution of a standard heritage committee is established by the S355 rules and other guidelines established by Council. The projects are established by the 3 year heritage strategy developed by Council, staff, the Advisor and the Committee.

 

The following list provides a series of notes and recommendations for the Committee to consider in relation to each of the Heritage Strategy Items. The list is intended as a starter for discussion to be followed by an agreement to tackle a number of projects on an annual basis:

 

It should be noted that effective Committees often harness the efforts of community volunteers who are skilled and available for specific tasks while not being members of the Committee. This is often the best means for achieving a specific project using limited resources.

 

·    Community participation, awareness and appreciation of heritage

o The Committee could assemble a list of local trades, services and suppliers in relation to the region, based on the previous work and the lists used by Bathurst and Orange;

·    Identify heritage items

o Many items on the Draft LEP do not have current historical details. The Committee members have the capability of sourcing such information and coordinating the efforts of others such as members of the Historical society;

o Heritage Main Streets

§ Committee members could assist their local communities in determining priorities for the Enhancement Program with a focus on ensuring that heritage elements of the streetscape are protected.

o Awareness and appreciation of heritage

§ Committee members are capable of making substantial contributions to ensuring that there are annual events during the heritage festival in the Shire. Yeoval leads the field and the other villages have a long way to go.

§ Committee members are capable of ensuring that local cemeteries have suitable facilities – shade and seating and interpretation.

o Sustainable development

§ Committee members are capable of liaising with Community Service Organisations such as Rotary, Probus, Apex and Schools in taking on worthwhile heritage projects including Avenue Tree planting at the main entries to the towns and villages.

 

 

·    Notes

o When the new council is established, it is recommended that A half day workshop be conducted on heritage matters to discuss the key issues and concepts for the next 5 years. Village representatives, Key heritage minded community members, Cudal staff and the new Heritage Committee should attend.

§ Agenda

·    A 5 year heritage strategy for the Cabonne Shire

·    Based on the 3 year heritage strategy

·    Local input from the Villages

·    A range of large scale issues – shire wide

·    A range of small scale issues – village based

·    Integration with Engineering/operations

·    Integration with tourism and Orange region

o It is recommended that the constituent members of the Heritage Committee should be capable of thinking and acting strategically;

o It is recommended that formal meetings are held every second month and the alternate meetings are informal Workshops intended for project work, site visits

o As part of the heritage advisor consultations, it is recommended that visits be made to each Village – Manildra, Cudal, Canowindra, Eugowra, Cumnock and Yeoval on a regular basis such as twice per year to meet the local community and discuss local heritage projects such as trails, museums, plaques and interpretation. These would be additional to particular DA matters.’

 

The Heritage Committee gave consideration to the matter and its minutes were considered by the Environmental Services and Sustainability Committee. Cr David Hyde also addressed the Environmental Services and Sustainability Committee to highlight the issues identified by the advisory committee. The advisory committee listed their concerns as being:

 

·    The advisory committee structure did not attract members who represent the whole of the shire (committee members generally held interests specific to one town),

·    The advisory committee can only make recommendations that then generally do not gain further consideration by council

·    Lack of council understanding of the value of heritage programs to research and write local histories

·    Perceived lack of interest from councilors

·    Lack of interface with Heritage Advisor as the nominated committee meeting times and days do not coincide with the Advisor’s visits to Cabonne.

 

Review

The Heritage Advisory Committee format provides a good opportunity for a community partnership with council that reflects the community’s value of its heritage sites and places.

 

The Cabonne LEP 2012 lists 250 sites and places that the community has identified as having local heritage significance. The repealed Cabonne LEP 1991 had 40 heritage sites listed. This indicates the wider community’s awareness of the value of heritage. With the implementation of the Cabonne LEP 2012 there is a need to develop community programs to encourage awareness of heritage planning, heritage assistance programs, Main Street Program – all of which are capable of enhancing appreciation of our streetscapes and the history that shaped our shire. The 2003 community based heritage study identified over 500 sites and places for local protection. There are still 250 nominated items that require further investigation and may form part of a future LEP amendment to add additional sites and places to the heritage schedule. The council’s Heritage Advisory Committee is likely to have valuable input into this program.

 

It is recommended that council call for expressions of interest from the community to re-establish the Heritage Advisory Committee. It is also suggested that the Heritage Advisor’s suggestion of a councillor/ heritage committee workshop be considered to map the forward program for council’s heritage programs.

 

Museum Program

The Regional Museums Sustainable Collections program is identified in the Heritage Strategy. This program is facilitated by Orange City Council and relates to the LGAs of Orange, Blayney and Cabonne. Its aim is to provide technical advice and assistance to the many small community run museums and historical societies located within the region.

 

Cabonne Council has provided financial contributions to the program which benefits local groups in Canowindra, Eugowra, Molong and Yeoval. As reported to the heritage committee in February 2012 council had agreed to continue funding the program in the current financial year. Immediate projects  facilitated by the program included an exhibition of mining history hosted at the Wentworth Mine, Lucknow to coincide with the 2012 Cadia Valley Operations Open Day, an exhibition  at Molong of Fairbridge Farm History, Eugowra bushranger program, Migration Heritage Trail and brochure launch, Sustainable Collections Project function, Assisting Ophir Trust with on-site signage, WWI commemorative project, preparation of Conservation Management Plan for the Lake Canobolas Pump House, preparation of a thematic history of Cornish settlement in Orange and district.

 

It was anticipated that the program facilitator would provide information to Cabonne Council on the progress of those projects that related to the Cabonne Council area. Councillors have been invited to and attended several functions throughout the year relating to the Museums program, and council has also become aware of the success of the Sustainable Collections Program through media reports of various awards. Unfortunately project updates / reporting is not directly provided to either Blayney or Cabonne Councils, making it difficult to participate in programs or even track progress. Council has previously identified the above matters and written to Orange City Council requesting regular progress reports on the program. The future of Cabonne’s role and involvement in the museum program should form part of the current review of council’s heritage program.

 

ITEM 7 - MODIFICATION APPLICATION DA 2012/166 - 6 RESIDENTIAL UNITS& STRATA SUBDIVISION (7 LOTS) ON PROPOSED LOT 5 IN SUBDIVISION OF LOT 5 IN SUBDIVISION OF LOT 29B DP 1112219 MCDONALD LANE, CANOWINDRA

REPORT IN BRIEF

 

Reason For Report

To gain approval for modification as original consent was determined at Committee

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.3.a - Provide efficient and effective development assessment

Annexures

Nil   

File Number

\Development Applications\DEVELOPMENT APPLICATION\2012\03-2012-0166 - 451541

 

 

Recommendation

 

THAT Modification Development Application 2012/166 for the construction of six (6) residential units and strata subdivision on Lot 4 DP 1180377, McDonald Lane, Canowindra be approved and Condition 26 – Stormwater/Drainage Easement be deleted.

 

 

Senior Town Planner's REPORT

 

ADVISORY NOTES

Record of voting

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

 

Political Disclosures

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

 

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

 

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

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

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

 

Nil planning application disclosures have been received. 

 

Nil public submission disclosures have been received. 

 

 

SUMMARY

 

The following report provides an assessment of the modification application submitted for six (6) residential units and seven (7) lot strata subdivision on proposed Lot 4 DP 1180377 (former proposed Lot 5 in subdivision of Lot 29 DP 1112219), McDonald Lane, Canowindra. The modification seeks to delete Condition 26 – Stormwater/Drainage Easement of the DA consent.

 

The application has been referred to the Environmental Services and Sustainability Council for determination as the original development consent was determined by the committee.

 

It is recommended that the modification application be approved and Condition 26 – Stormwater/Drainage Easement be deleted from the consent.

 

Applicant: Arthur & Kaye Robson c/o:- Peter Basha Planning and Development

Owner:      Arthur & Kaye Robson

Proposal:  Modification Application to six (6) residential units and strata subdivision for the deletion of Condition 26 – Stormwater/drainage Easement

Location:   Lot 4 DP 1180377 (formerly Proposed Lot 5 of Lot 29 DP 1112219), McDonald Lane, Canowindra

Zone:         2(v) Village or Urban

 

THE PROPOSAL

It is proposed to modify the consent via deleting Condition 26 Stormwater/Drainage Easement.

 

Condition 26 Stormwater/Drainage Easement states:

 

Objective

 

To create easements for stormwater performance.

 

Performance

 

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

Protection of the development and/or property by provision, within the easement, of underground drainage pipelines and fail safe above ground flow paths to cater for stormwater flooding from potential roofed and paved areas of the site and to connect to McDonald Lane. Detailed plans showing the exact location of the storm water drainage system and any easements created to the satisfaction of the Certifying Authority to be provided BEFORE THE ISSUE OF A CONSTRUCTION CERTIFICATE FOR THE DEVELOPMENT.

 

The applicant requests this condition to be deleted from the consent on the basis that service lines within a strata scheme that benefit lots/units within that strata scheme are regarded as common property and do not need to be covered by an easement. The proposed modification is sought only to correct a minor error or misdescription and does not generate environmental impact.

 

Site Map

 

 

The subject site is located in Canowindra on the northern side of McDonald Lane. The subject land is identified as approved Lot 5 in DA 2008/163 Tilga Street, Canowindra and has subsequently been registered as Lot 4 DP 1180377. The subject lot has an area of approximately 2829m² and is of regular shape. The land falls gently towards the south. The front portion of the lot is affected by a number of easements for servicing provisions and landscaping requirements. The site is zoned R1 Residential under the provisions of CLEP 2012. The original DA was assessed under the CLEP 1991 where the land was zoned 2(v) Village or Urban.

 

MATTERS FOR CONSIDERATION

In accordance with Section 96(1A) of the Environmental Planning and Assessment Act 1979 the proposed modification is of minimal environmental impact and is substantially the same as the approved development.

 

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

 

Cabonne Local Environmental Plan 1991 (Amended)

The subject land is zoned 2(v) Village or Urban by the Cabonne Local Environmental Plan 1991.  The construction of six (6) two 92) bedroom units and strata subdivision on land zoned 2(v) is considered permissible with consent from Council under the provisions of Clause 9 of the Cabonne LEP 1991. The proposed modification will not have any adverse impacts, and does not affect the previous site assessment.

 

Objectives of the 2(v) zone

The proposal is not contrary to the aims of the LEP or the objectives of the 2(v) zone.  The development relates to and is consistent with the zone objective which seeks to “promote development in existing towns and villages in a manner which is compatible with their urban function". The proposed modification is not considered to be inconsistent with the provisions of the LEP or the objectives of the 2(v) zone.

 

Clause 24 - Access

The modification does not relate to any changes to approved access provisions or change any previous assessment.

 

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

The modification does not affect the previous site assessment.

 

STATE ENVIRONMENTAL PLANNING POLICIES

 

Cabonne Council is identified within the SEPP 44 schedule as having koala habitat.  The applicant has not addressed the SEPP; however, the subject land is generally cleared and the proposed development will not impact upon any existing vegetation.  There are no known sightings of koalas in the locality, or sources of koala habitat.

 

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)

 

No Development Control Plans apply to this land.

 

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

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

 

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

 

Context and Setting

 

The surrounding development pattern comprises of existing residential development to the east; sports/recreation ground to the south-east; Longs Corner residential estate is under development; and industrial establishments to the south. The site is part of an approved subdivision (DA 2008/163) for 13 lot residential subdivision. The proposed modification will have no adverse impacts on the surrounding area, its character or amenity. The modification does not affect the previous site assessment.

 

Lot size and shape

The proposed modification does change the lot size or shape, with no changes to the internal design layout. The modification does not affect the previous site assessment.

 

Visual amenity

The proposed modification does not impact upon the visual amenity of the development nor the surrounding area. The modification does not affect the previous site assessment.

 

Access and traffic

The proposed modification does not include any changes to access provisions or vehicle movements.

 

Subdivision

The approved consent included 6 residential units and a strata subdivision.

The modification seeks a request to delete Condition 26 – Stormwater/Drainage easement as the service lines within a strata scheme that benefits the lots/units within that strata scheme are regarded as common property and as such do not need to be covered by an easement. It is considered the deletion of Condition 26 – Stormwater/Drainage easement is appropriate.

 

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

 

Physical Attributes and Hazards

There are no known technological or natural hazards that would affect the proposed development. The proposed modification does not affect the previous site assessment.

 

DEVELOPMENT CONTRIBUTIONS

 

No contributions apply to the development as they paid at the time of subdivision.

 

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

 

The proposed modification was not required to be advertised or neighbor  notified due to the minor nature of the modification.

 

Public Authority Consultation

The modification was not required to be referred to any Public Authority for consultation.

 

Development Contributions

No development contributions (S94 Contributions) apply to the development as they were paid at the time of subdivision.

 

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 modified development is permissible with the consent of Council. The modification has been lodged to correct a minor error or miss-description, has minimal environmental impact and is substantially the same as the approved development. The development complies with the relevant aims, objectives and provisions of the LEP.  A section 79C assessment of the modified development indicates that the development is acceptable in this instance.

 

ITEM 8 - modification application da2013/95 - subdivision of lot 100 dp 1033337, 2 south street, cudal

REPORT IN BRIEF

 

Reason For Report

For determination by the committee as modification is contrary to Council's Sewerage Policy

Policy Implications

Application seeks variation of Council's Sewerage Policy

Budget Implications

Potential reduction of levy payment

IPR Linkage

4.5.3a Provide effective and efficient development assessment

Annexures

Nil   

File Number

\Development Applications\DEVELOPMENT APPLICATION\2013\03-2013-0095 - 453100

 

 

Recommendation

 

THAT Modification Application 2013/95/1 for Lot 100 DP 1033337 South Street, Cudal  to delete condition 8 Sewerage Headworks Levy be refused as the proposal is contrary to Council Policy.

 

 

Senior Town planner REPORT

 

ADVISORY NOTES

Record of voting

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

 

Political Disclosures

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

 

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

 

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

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

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

 

Nil planning application disclosures have been received. 

 

Nil public submission disclosures have been received. 

 

 

SUMMARY

 

The following report provides an assessment of the modification application submitted for DA 2013/95/1 two lot subdivision of land described as Lot 100 Section DP 1033337 South Street, Cudal. The modification seeks to delete condition 8 Sewerage Headworks Levy.

 

The modification application has been referred to the Environmental Services and Sustainability Committee for determination as the modification seeks a variation to Council’s policy.

 

It is recommended that the modification application to delete condition 8 – Sewerage Headworks Levy be refused.

 

Applicant: Keith Cox

Owner:      Keith Cox

Proposal:  Modification of Consent

Location:   Lot 100 DP 1033337

Zone:         2(v) Village & part 1(a) General Rural

 

THE PROPOSAL

 

The applicant seeks Council approval to install an on-site waste water management system as an alternative to connecting proposed lot 200 to reticulated sewer. The modification seeks to delete condition 8 – Sewerage Headworks Levy.

 

SEWERAGE HEADWORKS LEVY

 

Objective

 

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

 

Performance

 

The applicant is required to pay a Sewerage Headworks Levy for the proposed development in accordance with Council’s Fees and Charges. The levy for the year 2012/2013 is $8,753.00. These charges may increase from July 2013.

 

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

 

The applicant was quoted $24, 921.90 for connecting to reticulated sewerage, this includes $8,753.00 for Council’s Sewerage Headworks Levy and $14, 699.00 for costs associated with construction and installation.

 

The applicant seeks council’s approval  to vary the conditions of subdivision consent and to waive condition 8 (sewerage headworks levy) of DA 2013/95 which requires the applicant pay $8,753.00 in accordance with Council’s Fees and Charges for the year 2012/2013 prior to release of an occupation certificate or subdivision certificate.

 

The applicant seeks consent to install an on-site waste water management system as an alternative to connecting to reticulated sewer.  The modification application seeks to reduce the development costs associated with building a dwelling on the lot.

 

The Site

 

The site is lot 100 DP 1033337 which has a total area of 4.5 hectares and is located on South Street, Cudal.

 

The site is located to the south of Cudal on the edge of the village zone. The site is mostly cleared of all vegetation and slopes towards the Boree Creek which forms the western boundary of the lot. Surrounding land use is residential to the north and agriculture on all other boundaries. 

 

Access has been constructed and connects to South Street.

 

Utilities including telephone, electricity and water are already connected to the site. The existing dwelling is currently serviced by an approved on-site septic system.

 

 

 

Background

 

Lot 100 is zoned part 1(a) General Rural and part 2(v) Village under the Cabonne LEP 1991. The lot was created under cl14 as a concessional lot and a dwelling was approved via DA 2003/122.

 

DA 2013/95 to subdivide the section zoned 2(v) village was approved by Council on the 16th January 2013 and dwelling may be permissible on proposed lot 200. The developer is required to connect the lot to reticulated sewerage as a condition of consent.

 

MATTERS FOR CONSIDERATION

In accordance with Section 96(1A) of the Environmental Planning and Assessment Act 1979 the proposed modification is of minimal environmental impact and is substantially the same as the approved development.

 

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

 

Cabonne Local Environmental Plan 1991 (Amended)

The subject land is zoned 2v Village by the Cabonne Local Environmental Plan 1991.  Subdivision of land is permissible within this zone, subject to Council’s development consent.

 

Objectives of the 2v Village zone

The proposal is not contrary to the aims of the LEP. The development relates to and is consistent with the zone objectives which seek to:-

·    provide for the housing needs of the community,

·    to provide for a variety of housing types and densities, and

·    to enable other land uses that provide facilities or services to meet the day to day needs of residents.

 

REGIONAL ENVIRONMENTAL PLANS

 

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

 

STATE ENVIRONMENTAL PLANNING POLICIES

 

There are no State Environmental Planning Policies that apply to the modification application. 

 

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

 

No Draft Environmental Planning Instruments apply to this land.

 

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

 

No Development Control Plans apply to this land.

 

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)

 

Siting / location

No change to previous site assessment. 

 

Lot size and shape

The proposed modification does not change the lot size or shape. The modification does not affect previous site assessment.

 

Visual amenity

No change to previous assessment.

 

Access and traffic

The proposed modification does not include any change to access or vehicle movements.

 

Utilities

Proposed Lot 200 is located within the village zone and is subdivided for the purpose of a dwelling. Assessment of the modification has been undertaken by Development Engineering indicating that all new lots are required to be connected to reticulated sewerage if that service is available. Furthermore, the provision of sewer connection between the main and the allotment shall be provided at the applicant’s cost as per set charges. This is in accordance with Council’s Sewerage Policy 2010. 

 

The lot has a total area of 2,876m² and meets the minimum lot size for a dwelling to be serviced by a septic system, where connection to reticulated sewerage is not available. This lot, however is available to be connected to reticulated sewerage and as such should be connected. Connection to sewerage and other utilities are part of developer costs and should be considered as part of the development process.

 

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

 

Physical Attributes and Hazards

The proposed modification does not affect previous site assessment.

 

DEVELOPMENT CONTRIBUTIONS

 

The developer is required to pay a Sewerage Headworks Levy in accordance with Council’s Fees and Charges for the year 2012/2013. A total of $8,753.00 must be paid to Council prior to release of the subdivision certificate.

 

Development contributions for sewerage headworks are applied consistently to any new lots created within the village or residential zone.

 

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

 

The proposed modification was not required to be advertised or neighbour notified due to the nature of the modification. 

 

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 applicant seeks Council consent to install a septic system as an alternative to connecting the lot to reticulated sewer. This includes waiving condition 8 Sewerage Headworks Levy. Modification seeks to reduce costs associated with development.

 

Council has undertaken as assessment of the modification and determined new lots created within the village zone are required to be connected to reticulated sewerage where available. Modification is against Council’s Sewerage Policy and does not comply with development standards within the zone. As such, the recommendation is for condition 8 to remain and proposed Lot 200 be connected to reticulated sewer.

 

ITEM 9 - 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

IPR Linkage

 4.5.1.f - Code of Meeting Practice adopted and implemented.

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\PROCEDURES - 453219

 

 

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 the Committee Business Paper are items included for the Committee’s information.

 

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

   


GENERAL MANAGER’S REPORT ON MATTERS FOR NOTATION SUBMITTED TO THE Environmental Services and Sustainability Committee Meeting TO BE HELD ON Tuesday 5 March, 2013

Page 1

TABLE OF CONTENTS

 

 

 

ITEM 1      LOCAL GOVERNMENT REFERENCE GROUP MEETING.......... 1

ITEM 2      DEVELOPMENT APPLICATION 2012/11 - PROPOSED DWELLING UPON PART LOT 13 DP871617, 735 CANOBOLAS ROAD, CANOBOLAS.... 1

ITEM 3      HERITAGE ADVISOR'S REPORT - FEBRUARY 2013.................. 3  

 

ANNEXURE ITEMS

 

ANNEXURE 3.1    Heritage Advisor's Report - February.............. 5 

 


 

 

ITEM 1 - LOCAL GOVERNMENT REFERENCE GROUP MEETING

REPORT IN BRIEF

 

Reason For Report

To inform the committee of the meeting's outcomes

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

5 - Manage our natural resouces

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\ENVIRONMENTAL MANAGEMENT\MEETINGS and COMMITTEES\CATCHMENT MANAGEMENT COMMITTEE - 452582

 

 

Recommendation

 

THAT the information be noted.

 

Director of Environmental Services' REPORT

 

The first Local Government Reference Group (LGRG) meeting of 2013 was held in Wellington on Wednesday 13 February. Council’s Director Environmental Services and Environmental Officer attended the meeting.

 

The group heard presentations from Maryanne Smith from Orange City Council on the topic of Orange's Constructed Wetland Program, Danielle Smith from the Central West CMA on the current Carbon Farming initiative, and from Dr John Benson from the Royal Botanic Gardens on the current program to classify and map the ecological communities of NSW.

 

The primary actions of the meeting were:

 

·    Alliance application to the LGSA Roadside Vegetation Management Grant (various actions)

·    Central West councils to complete NRM Activity Plans

·    Alliance councils to return bird sign species sheets.

 

The next LGRG will be held as a Regional Alliances Forum on the Wednesday 15 May 2013.

 

ITEM 2 - DEVELOPMENT APPLICATION 2012/11 - PROPOSED DWELLING UPON PART LOT 13 DP871617, 735 CANOBOLAS ROAD, CANOBOLAS

REPORT IN BRIEF

 

Reason For Report

To provide the committee with the background to the application

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.3a Provide efficient and effective development assessment

Annexures

Nil   

File Number

\Development Applications\DEVELOPMENT APPLICATION\2012\03-2012-0011 - 452602

 

 

Recommendation

 

THAT the information be noted.

 

Director of Environmental Services' REPORT

 

On 18 July 2011 council received a Development Application for a proposed dwelling upon land described as Lot 13 DP 871617, Canobolas Road, Canobolas. Approval was sought for a single storey four bedroom dwelling upon the holding. A similar development application was also lodged with Orange City Council.

 

The irregular shaped subject land was created in 1997 by the landowner’s amalgamation of two smaller allotments. One former allotment was located within the Cabonne LGA, the second was located within the Orange City Council LGA. Amalgamation of both lots into one resulted in the allotment spanning two LGAs.

The proposed dwelling is to be located upon land within the Orange City Council LGA. Thus the consent authority in this instance is Orange City Council. Cabonne has no lawful planning function in determining the application. Approaches were made to the applicant seeking withdrawal of the Cabonne DA. Inspection of the land by Orange council staff led to the discovery of two structures upon the Cabonne area that were being used for residential occupation. Further site investigation by Cabonne staff indicate neither structure nor the associated septic tank were subject to the required approvals.

 

As the area of land that was the subject of the Orange council DA was less than the Orange LEP minimum lot standards the DA was supported by a SEPP 1 objection seeking to vary the development standard. Due to the significant variance from the standard the application required the concurrence of the Dept of Planning and Infrastructure.

 

Solicitors for the landowner commenced discussions initially with Orange Council and then with Cabonne council eventuating in the preparation of a Memorandum of Understanding that Cabonne Council while noting the presence of illegal landuses would agree not to take further action until the Orange City Council determined the DA. A timeframe was included that subject to approval of the DA ensured the illegal structures would be removed or rendered uninhabitable. The MOU was agreed to in the spirit of providing an acceptable timeframe for the landowner to seek legal resolve to the various matters.

 

The Department of Planning and Infrastructure have not issued concurrence to the application, and Orange City Council resolved to seek the Department’s review of the decision.

 

From lodgment of the Cabonne Development Application to date, 19 months have lapsed. Cabonne Council cannot determine the DA as submitted as the proposed development is not located with within its LGA. The applicant has not agreed to withdraw the DA. Orange City Council is yet to finalise its determination of the DA within its LGA.

 

Cabonne Council could continue to monitor the matter, or may consider refusing the DA as there is no ability to approve the proposal. Separate action would need to be taken to address the existing non compliant structures upon the land.

 

The above information is provided for the information of the committee.

 

ITEM 3 - HERITAGE ADVISOR'S REPORT - FEBRUARY 2013

REPORT IN BRIEF

 

Reason For Report

Providing Councillors with a copy of the Heritage Advisor's report for February 2013.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

 4.3 - Beautiful towns and villages with historic assets cared for and preserved.

Annexures

1.  Heritage Advisor's Report - February    

File Number

\OFFICIAL RECORDS LIBRARY\DEVELOPMENT AND BUILDING CONTROLS\REPORTS\HERITAGE - 453017

 

 

Recommendation

 

THAT the information be noted.

 

Director of Environmental Services' REPORT

 

A copy of the Heritage Advisor’s Report for February 2013 is attached for the information of the committee.  


Item 3 Environmental Services and Sustainability Committee Meeting 5 March 2013

Item 3 - Annexure 1

 

David Scobie Architects                                                                                

                                                                                                                               

Level One, 177A Sailors Bay Road,                                                                           

Northbridge,                                                                                                       Heritage

NSW 2063                                                                                                         

Tel:  (02) 9967 2426

Fax: (02) 9967 2471

Mobile: 0412 415010

Email scobiearchitect@optusnet.com.au

 

Cabonne Shire Council

Via email

Attn: Ms. Heather Nicholls &

Amanda Rasmussen

 

REPORT: February 2013                                                    Visit: 05/2/2013

 

1.0        Information provided to the Heritage Advisor

 

1.1        Heritage Committee Meeting:

1.1.1     Current issues: Items addressed below

 

1.2        Heritage Advisor appointments –

·      Each of the Tuesday visits is listed below

March 5th

April 8th

May 7th

 

 

2.0        Follow Up required

 

v 79 Main Street, Council Building

v Molong Bakery – verandah reinstatement

v Canowindra Club - landscape

v Canowindra main Street - crossings

 

The following notes apply to site visits and requests for advice

The intention is that the notes are passed to the Property Owner/Enquirer/DA Applicant:

 

3.0        The Molong Bakery Cafe, Bank Street – Verandah reinstatement

Attention: Heather & Amanda

Progress

 

Notes

·      The DA & CC is almost complete and will be sent initially to WA for the Client consent signatures and then submitted to Cabonne Shire Council

·      Anton Lynar, Structural Engineer has prepared the structural design drawings for the DA and CC

 

4.0        Site: the Amusu Theatre, Manildra

17 Derowie Street, Manildra

Application lodged by Darren Stevenson on behalf of Amusu Theatre Trust

Attention: Heather

 

Significance: The site is number 01308 on the State Heritage Register

 

·      The Application lodged in November for extensions has been withdrawn;

·      Marlene Nash is the new Councillor for Manildra and it may be useful for Heather to discuss the process issues with Marlene and the Management Committee in order that Council can assist with the Project as required.

·      Council is embarking upon the preparation of asset plans and operational plans for Council owned sites. It is understood that Samantha McGufficke at Cudal is managing these tasks.

·      The Amusu is the responsibility of Council and is deserving of an appropriate Plan of Management. The site is also a valuable asset in terms of Tourism.

·      A Conservation Management Plan was prepared some years ago but is not current in many respects given the changes to the site and the addition of the adjoining garage property to the Theatre. It is recommended that a Plan of Management be prepared as resources become available. The POM should include a Master Plan for the site to guide future alterations and additions. The CMP should be reviewed in order that the maintenance tasks are clear for the Trustees and managers.

 

Recommendations

·      Arrange for a Meeting, possibly Tuesday May 5th at Manildra with the stakeholders

·      The agenda may include the following

Parties, organisations, contacts and responsibilities

Current building issues

Current site and access issues

Tourism potential - local and regional

Outline of a Plan of management

Outline of a site Master Plan

Strategy for future funding

Programme issues

List of actions and  tasks

Next Meeting

 

5.0        The Anglican Church Hall, Bank Street, Molong

Contact: James Nicholson Tel. 0414 716587

Attention: Amanda and Kate

.

Significance

·      The site is within the Bank Street Conservation Area

·      The site is a listed Heritage item St. John The Evangelist Anglican Church Group at 105 Bank Street and cnr. Edward Street on the Draft LEP as Item I162 on Lot 12 DP 1127593 and part of the Anglican church group. The Church and later Hall buildings have historic, aesthetic and social significance.

·      The Council Heritage Heritage Inventory is item1271117. The information may be revised should additional historical detail be provided.

 

Issues

·      The south eastern corner of the extension on the South side of the Hall building has suffered considerable damage resulting from subsidence. The Heritage advisor has inspected the site and building condition a number of times in previous years and advised the Church

·      The Church have commissioned James Nicholson architect of Adaptive Architects in Orange to manage the following matters.

 

Proposal

 

·      James has written a proposal arguing that the Church Hall – former Church, has state level heritage significance. The summary requests support for this position from the Advisor;

·      James has prepared an indicative drawing for the demolition of the extension on the south side of the Hall - former Church building: Drawing A03 – P1

·      The Hall has been affected by subsidence generally due to stormwater on the grounds in the vicinity of the building causing sequential swelling and shrinking over many years.

·      The drawing also indicates the restoration and or reconstruction of the original two windows and central door in the South Elevation and the removal of the existing cement render from this wall. Replacement door and window joinery has been designed based upon an early illustration sourced from the Town and Country Journal of 13/12/1884 p. 27

·      James has produced Schematic drawings and 3D renderings for the design and construction of a small addition to the South Elevation of the Hall, designed to accommodate a Porch, an accessible toilet, general toilet and store room. Internally, the eastern end of the Hall is to have an area partitioned off to accommodate a small Meeting room and Kitchen. The 3D views also illustrate minor modifications to the Hall at the existing Porch on the West Elevation to improve the weather protection.

 

Comments

·      James makes a case for State significance based on his review of the historic, association, aesthetic and rarity values.

·      The key points are as follows with additional comments on further detail required:

Historic – the 1860 Church and the 1867 Parish of Molong was the base from which the Rector serviced the vast area of western NSW prior to the formation of local parishes.

Association – The association of the Church with Rev. Francis Bertie Boyce as Rector (dates?) is important across the region as Boyce was commissioned by Samuel Marsden to explore the Macquarie and Bogan river districts and became a pioneering missionary known for his promotion of denominational education, inter-church co-operation and later in his career a champion of temperance, slum clearance, pensions and women’s suffrage;

Aesthetic – the 1860 building has an unusual design and construction commencing with a colonial/Georgian proportions and sundry gothic details and random bluestone random rubble walls. These points require additional evidence to be sure of the correct terms and materials – refer to rarity below

Research – demolition of the adjoining hall and any conservation works as proposed may reveal artefacts which could have Local or State level significance;

Rarity – The bluestone hall in orange is cited as regional similar example. Additional research is required, particular of Churches of the period, with more examples state wide to meet the State criteria.

As a general guide, use the State Heritage Inventory online and look up relevant Churches of the period on the State heritage Register to review. The contact at the Heritage Branch is Dr. Bronwyn Hanna Tel. 02 9873 8585 and she will give some direction.

 

The Schematic Plan A03

·      Fine in principle;

·      Will require additional notation to protect elements during demolition

·      Recommend that detailed conservation work is a separate drawing

·      Door and windows will require detailed drawings to avoid direct replication but remain sympathetic while being capable of being interpreted as contemporary

 

The Schematic Plan  & 3D Views of the proposed extension

·      Fine in principle

·      The use of stone is recommended for consideration in place of brickwork given the precedents in the site

·      Consider access requirements for the new entrances

·      Landscape planting to be developed

·      A Conservation Management Plan or Strategy is recommended for guiding Conservation works to the hall building. This will influence air-conditioning, lighting, materials and finishes.

 

 

Existing fencing recommended for replacement in master plan with an appropriate timber picket fence appropriate for the period and significance.

 

 

Both the eastern corners require remedial action due reduce the dramatic impacts of subsidence, with the advice of a skilled and experienced Structural Engineer.

 

Subsidence impact on the north elevation

Note the absence of a perimeter treatment for dealing with stormwater

 

The windows probably date from the 1950’s and are recommended for replacement

 

 

The addition in Bank Street – there will be no objection to the demolition of this structure. A DA condition is likely to require an archival record to ensure that an appropriate record is retained.

 

 

6.0        Cemeteries

Attention: Kristin and Heather

When the next upgrade of the Council web site is due, the following should be considered for the Cemeteries item.

OUR CEMETERY – YOUR HISTORY

Cemeteries form an important part of the local and the broader Australian heritage. The monuments and inscriptions provide an invaluable record of the nation’s growth and an insight into it’s history. Cemeteries may sometimes be the only place where a settler’s existence within a local community is recorded. Many cemeteries are examples of rare nineteenth century design with landscape elements not seen outside public gardens. Monuments provide unusual examples of art, craft and language as the notion of death in the nineteenth century as expressed in the symbolism of decorative works is different from current approaches.

 

Many cemeteries remain isolated and seldom used and in these circumstances may contain rare plants including both native and introduced species. The layouts may provide an insight into the range of ethnic groups in communities while the denominations represented or not, may indicate the scale of settlement and immigration.

 

All Cemeteries have some form of social and historic value and potential heritage significance. Cabonne Shire Council and their respective local communities values these places and their importance.

 

Members of the community and visitors are invited to investigate the following contacts and resources for further information.

(Kristin...the following are suggestions and I do not have full or accurate details. I usually suggest providing address details only and not telephone numbers)

·      Molong Museum

·      Canowindra Historical Society and Museum

·      Yeoval Museum & Historical Society

·      Cudal....

·      Manildra...

·      Molong RSL Sub-branch

·      ...family history Group

·      Cabonne Shire Council Heritage Advisor

·      The National Trust – A Guide to Cemeteries

 

 

7.0        Potential Heritage Item

Willawong, 1043 Molong Road

 

The late Federation period residence consists of fully hipped roof with rendered chimney. The verandah continues the roof line and includes paired timber posts with brackets. The front elevation is face brick with symmetrical side windows with narrow double hung sliding sash panes and a central entry with sidelights on to the front verandah. A second entry with porch is located on the side verandah

 

The building includes a number of changes such as a major rear extension, a tiled roof, wire balustrading to the front verandah and a lower level partial porch enclosure.

 

The property has also been identified in the Property sales on the web.

“Step back in time and enjoy the grandeur of yesteryear with comfort and convenience. Just 5 minutes from town this double brick home with period features including bluestone foundations, ornate ceilings, marble fireplaces, bedroom wash basins, and bay windows. The site includes a traditional garden with self contained cottage, double garage and tennis court.”

 

 

Main Elevation

 

 

Garden view including Tennis Court

 

 

 

Side Elevation

Note Rear extension

 

Location

 

Action: Future site visit to review property and discuss issues with owner

 

8.0        The Cabonne Shire heritage Inventory

·      The Inventory is now in good shape and has a total of 589 records of places within the hire which have been identified as having some level of heritage significance

·      Of these 377 items are recommended for statutory protection

·      The current LEP 2012 includes 243 of these places as Schedule 5 heritage items. The items which are listed on the 2012 can be located on the Inventory by using the search and advanced search – highlight the tagged record item. This will select 249 items which approximates the current LEP schedule – clearly there are an additional 6 items on the inventory and these will need to be isolated in due course;

·      The Heritage inventory is incomplete in the following respects. The initial two items are required to be completed by the NSW Heritage Branch;

The Listings tab which occurs in the Item menu requires completion to include the 2012 LEP Listing. This task can be completed progressively by the Heritage Advisor;

The aboriginal area should be completed under the Property menu item which occurs in the Location tab - ;

The following items can be entered progressively as they are not regarded as being compulsory by the NSW Heritage Branch

Few items currently have completed assessments of significance – these can be provided by the Advisor progressively;

Many items do not yet include current photos – these can be inserted progressively;

Few items include Recommendations, to be found under the Admin. Tab – these can be entered progressively.

 

9.0        The next visit is Tuesday March 5th, 2013

 

 


 

10.0      Annual Heritage Strategy checklist

 

1

Heritage Committee

Advice to Council

1

6

 

 

 

Consultant Directory

 

 

 

 

 

Services & trades Directory

 

 

 

2

Heritage Study

Aboriginal Study

 

 

 

 

 

Statements of significance

 

 

 

3

Heritage Advice

Site visits

1

17

 

 

 

Heritage advice

1

21

 

 

 

Urban design advice

 

3

 

 

 

Pre-DA advice

 

1

 

 

 

Advice on DA's

 

7

 

4

Pro-active Management

Heritage DCP

 

 

 

 

 

Urban design DCP

 

 

 

 

 

DA fee relief

 

 

 

 

 

Flexible Planning & building

 

 

 

5

Local Heritage Fund

Funded projects

 

 

 

 

 

Project value

 

 

 

 

 

Heritage fund value

 

 

 

 

 

Owner contribution

 

 

 

 

 

Tourism projects

2

2

 

 

 

Paid employment

 

 

 

 

 

Volunteer hours

 

 

 

6

Main Street

Committee

 

 

 

 

 

Study

 

 

 

 

 

Implementation

 

 

 

 

 

Expanded main street

 

 

 

7

Education & promotion

Brochures, web, plaques, panels

 

1

 

 

 

Events

 

 

 

 

 

Tourism strategy

 

 

 

 

 

Trails

 

 

 

 

 

Training

 

 

 

8

Council assets

Asset management plans

 

1

 

 

 

CMP and CMS

1

1

 

 

 

Works budgets

 

1

 

9

Sustainability

Adaptive re-use

 

 

 

 

 

Restoration

1

1

 

 

 

Reinstatement

 

 

 

 

 

Landscape

 

 

 

 

 

Water

 

 

 

 

David Scobie         RAI