GENERAL MANAGER’S REPORT ON MATTERS FOR DETERMINATION SUBMITTED TO THE Environmental Services and Sustainability Committee Meeting TO BE HELD ON Tuesday 2 April, 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      DEVELOPMENT APPLICATION 2008/179 FOR A PROPOSSED DWELLING  UPON LOT 116 DP 750143, 145 LONG ROAD LIDSTER............ 3

ITEM 5      DA 2013/131 FOR A RECREATION AREA (COMMUNITY EVENT - 100 MILE DINNER) ON LOT 22 DP 569966, VILLAGE GREEN, BANK STREET, MOLONG................................................................................................................... 8

ITEM 6      DA 2013/136 FOR THREE LOT SUBDIVISION AND DWELLING ON PROPOSED LOT 1 ON LOT 9 SECTION 13 DP 758693, BOOMEY STREET, MOLONG        17

ITEM 7      DA 2013/144 RECREATION AREA (COMMUNITY EVENT - BALLOON GLOW AND KEY GRAB) ON LOTS 62, 192, 193, 194, 195, 121 DP 750147 TILGA STREET, & LOT 1 DP 1169350 LONGS CORNER ROAD, CANOWINDRA        25

ITEM 8      DA 2013/84 Dwelling and Motor Showroom on Lot 2 Section 27 DP 758311................................................................................................... 36

ITEM 9      BUSINESS PAPER ITEMS FOR NOTING...................................... 44   

 

ANNEXURE ITEMS

 

ANNEXURE 5.1    DA 2013-131 Draft Conditions for 100 Mile Dinner         46

ANNEXURE 6.1    DA 2013-136 draft condions..................................... 51

ANNEXURE 7.1    DA 2013-144 Draft Conditions of Consent...... 59

ANNEXURE 8.1    2005 Flood Photo........................................................... 65 

 


 

 

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 - 456991

 

 

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 - 456993

 

 

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 - 456994

 

 

Recommendation

 

THAT any Political Donations be noted.

 

General Manager's REPORT

 

A call for Declarations of any Political Donations.

 

 

ITEM 4 - DEVELOPMENT APPLICATION 2008/179 FOR A PROPOSSED DWELLING  UPON LOT 116 DP 750143, 145 LONG ROAD LIDSTER

REPORT IN BRIEF

 

Reason For Report

Providing committee with development assessment and recommendation to refuse the application

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.3a Provide efficent and effective development assessment

Annexures

Nil   

File Number

\Development Applications\DEVELOPMENT APPLICATION\2008\03-2008-0179 - 454021

 

 

Recommendation

 

THAT Development Application 2008/179 for a proposed dwelling upon Lot 116 DP 750143, 145 Long Road, Lidster be refused as insufficient information has been submitted to enable an adequate assessment of the development.

 

 

Director of Environmental Services' REPORT

 

ADVISORY NOTES

Record of voting

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

 

Political Disclosures

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

 

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

 

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

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

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

 

Nil planning application disclosures have been received. 

 

Nil public submission disclosures have been received. 

 

SUMMARY

 

The following report provides an assessment of the development application submitted for a two bedroom transportable home to be located upon Lot 116 DP 750143, 145 Long Road, Lidster.

 

The application has been referred to the Environmental Services and Sustainability Committee for determination as the proposed development is recommended for refusal.

 

Applicant: Mr I Freeland

Owner:      Mr I Freeland

Proposal:  Two bedroom transportable dwelling

Location:   Lot 116 DP 750143, 145 Long Road, Lidster

Zone:         Rural 1(a) Cabonne Local Environmental Plan 1991

RU1 Primary Production Cabonne LEP 2012

 

THE PROPOSAL

It is proposed to locate a transportable dwelling upon a 1.42ha existing holding. The holding is heavily timbered with native vegetation and is located adjacent to a pine forest. The rural allotment is narrow and elongated with a watercourse/gully cuts through the allotment.

 

Background

The development application was lodged with council on 21 April 2008, being almost five (5) years ago. The allotment is constrained being timbered native vegetation, defined as being bush fire prone, and limited for on-site waste disposal due to proximity to a waterway/gully. The site is further constrained by its dimensions of approximately 50m width.

 

Due to the site constrains formal assessment of land capability for provision of on-site waste is required along with a Bush Fire Assessment Report. Council staff have contacted the applicant over the time span seeking the submission of the additional information.   In email communication to council in November 2012 Mr Freeland indicated his desire to proceed with the development but seeking another 12 months before he lodges the required information. A further three month period was offered to Mr Freeland after which it was indicated the application would be assessed with a likely recommendation for refusal.

 

As the time frame has now lapsed and the required additional information has not been submitted, it is recommended that council refuse the application based upon insufficient information to adequately determine the development proposal.

 

Site Map

 

MATTERS FOR CONSIDERATION

Section 79C of the Environmental Planning and Assessment Act 1979 requires Council to consider various matters, of which those pertaining to the application are listed below.

 

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

 

Cabonne Local Environmental Plan 1991 (Amended)

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

 

Objectives of the 1(a) zone

The proposal is not contrary to the aims of the LEP or the objectives of the 1(a) zone.  The development relates to and is consistent with the zone objective which seeks to “provide for a range of living styles in appropriate locations".

 

Clause 18

The holding is defined as the whole of an existing holding and a dwelling is a permissible use upon the land. It should be noted however that  the application was lodged under the provisions of Cabonne LEP 1991 and that any application lodged  after 18 January 2012 will be assessed under the provisions of Cabonne LEP 2012. The new LEP incorporates a sunset clause that phases out provisions relating to existing holdings. The minimum lot size for consideration of a rural dwelling will default to the standard 100ha minimum lot size provision. The subject land has an area of 1.42ha.

 

REGIONAL ENVIRONMENTAL PLANS

 

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

 

 

STATE ENVIRONMENTAL PLANNING POLICIES

 

Cabonne Council is identified within the SEPP 44 schedule as having koala habitat.  The applicant has not addressed the SEPP. The land is heavily timbered.

 

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

There are no draft environmental plans that relate to the subject land or proposed development.

 

 

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

 

Development Control Plan No 5 – General Rural Zones applies to this development. The proposed dwelling will achieve the minimum 20m setback from the roadway as well as achieving setbacks of over 100m from the eastern and western boundaries. A 100m setback is not possible to achieve along the southern boundary.

 

 

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

As assessment can not be made as insufficient information has been submitted to address bush fire, native vegetation and  on-site waste disposal issues.

 

Access and traffic

Vehicular access to the site is via an unsealed road. Access upgrade to the property would apply as would s94 Development Contributions for road and bushfire services.

 

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

 

Physical Attributes and Hazards

The site is heavily timbered and bush fire risk  does pose a natural hazard that could affect the proposed development.

 

 

DEVELOPMENT CONTRIBUTIONS

 

Council’s Bushfire Services Contributions Plan and Road Contributions Plans apply to this development. A formal assessment has not been undertaken, however s94 charges are currently capped at a maximum of $20,000 per lot.

 

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

 

The proposed development is not advertised development. Council has not received any submissions relating to the propose development.

 

 

PUBLIC INTEREST s79C(1)(e)

 

The proposed development is considered to be of minor interest to the wider public due to the relatively localised nature of potential impacts. 

 

CONCLUSION

The proposed development is permissible with the consent of Council. Due to lack of adequate information supplied with the application a detailed merit based assessment of the development cannot be provided. It is recommended that the application be refused.

 

 

ITEM 5 - DA 2013/131 FOR A RECREATION AREA (COMMUNITY EVENT - 100 MILE DINNER) ON LOT 22 DP 569966, VILLAGE GREEN, BANK STREET, MOLONG

REPORT IN BRIEF

 

Reason For Report

For determination by the Committee as the land is owned by Council and due to the wider public interest the event generates.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.3.a Provide efficient and effective development assessment

Annexures

1.  DA 2013-131 Draft Conditions for 100 Mile Dinner     

File Number

\Development Applications\DEVELOPMENT APPLICATION\2013\03-2013-0131 - 456879

 

 

Recommendation

 

THAT Development Application 2013/131 for a Recreation Area (Community Event – 100 Mile Dinner) on land described as Lot 22 DP 569966, Village Green, Bank Street, Molong be granted consent subject to the conditions below.

 

Senior Town Planner's REPORT

 

ADVISORY NOTES

Record of voting

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

 

Political Disclosures

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

 

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

 

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

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

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

 

Nil planning application disclosures have been received. 

 

Nil public submission disclosures have been received. 

 

SUMMARY

 

The following report provides an assessment of the development application submitted for a Recreation Area (Community Event - ‘100 Mile Dinner’) to be held on the Village Green, Molong on land described as Lot 22 DP 569966, Bank Street, Molong on Monday 15th April, 2013. The event will use land owned by Council and will be for the temporary use of the land for one (1) day only.

 

The application has been referred to the Environmental Services and Sustainability Committee for determination as the land is owned by Council and due to the wider public interest the event generates.

 

The application was neighbour notified for a period of 14 days with no submissions being received that opposed the development.

 

It is recommended that the application be approved subject to conditions of consent.

 

Applicant:          Food of Orange District Inc

Owner:               Cabonne Council

Proposal:           Recreation Area (Community Event – 100 Mile Dinner)

Location:            Lot 22 DP 569966, Village Green, Bank Street, Molong

Zone:                  B2 Local Centre

 

THE PROPOSAL

It is proposed to hold a public event (100 Mile Dinner) on Monday 15 April 2013 on the Molong Village Green located on Lot 22 DP 569966, Bank Street, Molong. The proposed event is to be a large scale dining event (a maximum of 300 diners and 20 staff) which coincides with the Food Week festivities within the Orange district. Food is to be served from the various food stalls (located within the boundary of the Village Green) and local wine purchased from a central bar. A band will also perform during the evening of the event.

 

The event seeks to promote local produce and food by way of providing a unique dining experience and enable the promotion of tourism and heritage. The event organizer also expects economic benefit to the Molong business community as a result of the event attracting visitors to Molong on the day.

 

The event will operate between 2pm and midnight on Monday 15 April 2013. These hours include both set-up, clean-up and the event.

 

Street parking is available, with the event also supplying coaches to transport patrons to and from Orange.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Site Map

1147993

 

 

BACKGROUND

 

Council has received a request from the FOOD Week Committee to consider relaxing the alcohol restrictions of the Village Green that relates to the prohibition of people consuming alcohol on the Village Green for one of FOOD Week’s main culinary events. Under Clause 645 of the Local Government Act there is the ability to either suspend of cancel an alcohol-free zone. A Council must pass a valid resolution to suspend or cancel a particular alcohol free zone. Council resolved to suspend the Alcohol Prohibited Order and Alcohol Free Zone for the Molong Village Green and the road reserve/pavement bounding Bank Street and Gidley Street, Molong for Monday 15th April, 2013 at its meeting of 19 February 2013.  Advertising of the variations is to be carried out in accordance with the resolutions. These requirements will be addressed through conditions of consent in the development application process.

 

MATTERS FOR CONSIDERATION

Section 79C of the Environmental Planning and Assessment Act 1979 requires Council to consider various matters, of which those pertaining to the application are listed below.

 

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

 

Clause 1.2  Aims of the Plan

The broad aims of the LEP are as follows:

a) to encourage development that complements and enhances the unique character and amenity of Cabonne, including its settlements, localities, and rural areas,

 

(b) to provide for a range of development opportunities that contribute to the social, economic and environmental resources of Cabonne in a manner that allows present and future generations to meet their needs by implementing the principles of ecologically sustainable development,

 

(c) to facilitate and encourage sustainable growth and development that achieves the following:

 

(i) contributes to continued economic productivity, including agriculture, business, tourism, industry and other employment opportunities,

(ii) allows for the orderly growth of land uses while minimising conflict between land uses within the relevant zone and land uses within adjoining zones,

(iii) encourages a range of housing choices and densities in planned urban and rural locations that is compatible with the residential and rural environment and meets the diverse needs of the community,

(iv) promotes the integration of land uses and transport to improve access and reduce dependence on private vehicles and travel demand,

(v) protects, enhances and conserves agricultural land and the contributions that agriculture makes to the regional economy,

(vi) avoids or minimises adverse impacts on drinking water catchments to protect and enhance water availability and safety for human consumption,

(vii) protects and enhances places and buildings of environmental, archaeological, cultural or heritage significance, including Aboriginal relics and places,

(viii) protects and enhances environmentally sensitive areas, ecological systems, and areas that have the potential to contribute to improved environmental, scenic or landscape outcomes.

 

Clause 1.9A Suspension of covenants, agreements and instruments

This clause provided that  covenants, agreements or other similar instruments that restrict the carrying out of development upon the subject land do not apply unless such are:

 

·    Covenants imposed or required by council

·    Prescribed instruments under s183A of Crown Lands Act 1989

·    Any conservation agreement under National Parks and Wildlife Act 1974

·    Any trust agreement under the Nature Conservation Trust Act 2003

·    Any property vegetation plan under the Native Vegetation Act 2003

·    Any biobanking agreement under Part 7A of the Threatened Species Conservation Act 1995

·    Any planning agreement made under Division 6 of Part 4 of the Environmental Planning & Assessment Act 1979

 

      Mapping

The subject site is identified on the LEP maps in the following manner:

 

     

Land zoning map

Land zoned B2 Local Centre

Lot size map

Minimum lot size – N/A

Heritage map

Is a conservation area

Terrestrial Biodiversity Map

No biodiversity sensitivity on the subject land

Flood planning map

Is within a flood zone

Natural resource – karst map

Is within a karst area

Drinking water catchment map

Not within a drinking water catchment area

Riparian land and watercourse map, groundwater vulnerability map

Groundwater vulnerable

Land reservation acquisition map

N/A

 

      These matters are addressed in the report following.

 

Cabonne Local Environmental Plan 2012

The subject land is zoned B2 Local Centre by the Cabonne Local Environmental Plan 2012.  A Recreation Area (100 Mile Dinner) for the temporary use of land is permissible within this zone, subject to Council’s development consent. A recreation area is defined under the Cabonne Local Environmental Plan 2012 as “a place used for outdoor recreation that is normally open to the public and includes a children’s playground; an area used for community sporting activities; a public park, reserve, or garden or the like; and any ancillary buildings, but does not include a recreation facility (indoor), recreation facility (major) or recreation facility (outdoor).

 

Objectives of the B2 Local Centre zone

The proposal is not contrary to the aims of the LEP or the objectives of the B2 zone.  The development relates to and is consistent with the zone objectives which seek to

 

• To provide a range of retail, business, entertainment and community uses that serve the needs of people who live in, work in, and visit  the local area.

• To encourage employment opportunities in accessible locations.

• To maximize public transport patronage and encourage walking and cycling.

• To encourage mixed-use development that will promote community activity and safety without compromising business development opportunities.

 

Part 2 – Permitted or prohibited development

Clause 2.8 Temporary use of land

The proposal complies with sub-clauses (1), (2) and (3). The proposal is for a single event with Council owned land being used for a temporary purpose only. Upon completion of the event, the applicant will be required to return the site to its prior state. The site will also be returned to its previous use. No change in permanent use is proposed. The proposal does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land.

 

Part 5 – Miscellaneous provisions

Clause 5.10 Heritage conservation

(1) The proposal is not inconsistent with the objectives of the clause.

(4)        Effect of proposed development on heritage significance

The subject land is identified as being located within the Bank Street Conservation Area (Molong). As the development relates to the temporary use of this land for a single event, for a period of one (1) day, it is considered the proposal will not have an adverse impact upon the heritage significance of the site.

 

Part 6 – Additional local provisions

Clause 6.1 Flood planning

The subject land is located within a flood area. The proposed development relates to temporary structures for stall holders and tables for the service of food and dining. It is considered that the event will not impede water flows, or create any safety concerns in regards to flooding.

 

Clause 6.4 Groundwater vulnerability

The subject land has been identified as “Groundwater Vulnerable” on the Groundwater Vulnerability Map. The proposed development is for a single temporary event and as such will not have any adverse impacts on the groundwater system. The proposed development will not result in any potential for groundwater contamination. No additional measures are required to avoid, minimize, or mitigate impacts of the temporary event.

 

Clause 6.6 Riparian land and watercourses

The site is identified as “Watercourse” on the Riparian Lands and Watercourses Map. The proposed development is not contrary to the objectives of the clause. The development is for the temporary use of land for a single event and is unlikely to have an adverse impact upon the water flows; any aquatic or riparian species, habitats or ecosystems; stability of the bed or banks of the watercourse; or impact upon any future rehabilitation of the watercourse or riparian area.

 

Clause 6.7 Land affected by karst

Whilst the land is identified as “Karst” on the Natural Resources – Karst Map, the proposed development is for a temporary event only and does not involve any construction or interference with the land. As such, the proposal will have negligible impact upon the effects of karst and is not considered to be unsuitable for the event or endanger life or property.

 

REGIONAL ENVIRONMENTAL PLANS

 

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

 

STATE ENVIRONMENTAL PLANNING POLICIES

 

No SEPPs apply to this development.

 

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

There are no draft environmental plans that relate to the subject land or proposed development.

 

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

 

Development Control Plan 10 – Flood Prone Land in Molong applies to the land. The proposed activity will not impact upon the DCP Guidelines.

 

Development Control Plan 13 – Advertising Signage in Conservation Areas (Molong and Canowindra) applies to the land. The proposed temporary activity will not impact or contravene the DCP provisions.

 

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

The Village Green has been nominated as the site for the event due to its location within the village and its historical context.

 

Visual amenity

The Village Green will accommodate temporary tables/chairs, food stalls and a wine bar. At the conclusion of the event, the area will be returned to its regular use.

 

Access and traffic

 

Carparking is to be accommodated by on-street spaces. No street closures  are proposed with the applicant also indicating that the event will be contained wholly within the Village Green. No use of the footpath is proposed. The applicant proposes that buses will transport patrons to and from the event from Orange to Molong and a return service to Orange at the close of the event.

 

Due to the day and time of the proposed event, any increase in traffic generation will be temporary at the commencement and end of the event.

 

Amenities

 

The applicant proposes to provide additional port-a-loos to be located at the Yarn Market site as well as utilizing existing facilities on this site. Consent has been granted from the owners of the Yarn Market site for the temporary use of their land and facilities during the event.

 

Heritage

 

The area of Bank Street, Molong that the proposed event is to be undertaken is identified as a heritage conservation area. It is considered that the proposed event will not have any adverse impacts in regards to the amenity of the site or surrounding area.

 

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

 

Physical Attributes and Hazards

The subject land is located within a flood area. The proposed development relates to temporary structures for stall holders and tables for the service of food and dining. It is considered that the event will not impede water flows, or create any safety concerns in regards to flooding.

 

DEVELOPMENT CONTRIBUTIONS

 

No contributions apply to the development.

 

PLAN OF MANAGEMENT

 

A Plan of Management has not been prepared for the site. As the development proposal is for a temporary activity only, the proposal is considered to be adequately addressed by an assessment under the LEP and relevant planning provisions.

 

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

 

The proposed development was neighbour notified for a period of 14 days with no submissions being received by the close of the exhibition phase.

 

PUBLIC INTEREST s79C(1)(e)

 

The proposed development is considered to be of minor interest to the wider public due to the relatively localised nature of potential impacts. 

 

CONCLUSION

The proposed development is permissible with the consent of Council. The development complies with the relevant aims, objectives and provisions of the LEP.  A section 79C assessment of the development indicates that the development is acceptable in this instance. Attached is a draft Notice of Approval outlining a range of conditions considered appropriate to ensure that the development proceeds in an acceptable manner.

 

ITEM 6 - DA 2013/136 FOR THREE LOT SUBDIVISION AND DWELLING ON PROPOSED LOT 1 ON LOT 9 SECTION 13 DP 758693, BOOMEY STREET, MOLONG

REPORT IN BRIEF

 

Reason For Report

For determination as the proposal is inconsistent with Council's Building Alignment Policy and seeks a variation to the policy from 8 metres to 6 metres.

Policy Implications

Seeks variance to the approved setback requirement of 8 metres.

Budget Implications

Nil

IPR Linkage

4.5.3.a Provide efficient and effective development assessment

Annexures

1.  DA 2013-136 draft condions    

File Number

\Development Applications\DEVELOPMENT APPLICATION\2013\03-2013-0136 - 456963

 

 

Recommendation

 

THAT Council:

 

1.           Approve Development Application 2013/136 for a three (3) lot subdivision and construction of a dwelling (on proposed Lot 1)  of Lot 9 Section 13 DP 758693, Boomey Street, Molong subject to the conditions attached; and

2.           Vary the 8m building setback to permit a dwelling upon proposed Lot 1 having a front boundary setback of 6m

 

 

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. 

 

 

 The following report provides an assessment of the development application submitted for a three (3) lot subdivision of Lot 9 Section 13 DP 758693, Boomey Street, Molong and the construction of a new dwelling.

 

The application has been referred to the Environmental Services and Sustainability Committee for determination as the proposal is inconsistent with Council’s Building Alignment Policy and seeks a variation to the policy. The policy requires an 8m setback in villages with the applicant requesting a variation to allow a 6m setback from the front boundary. The adjoining dwelling has an approximate setback of 2.5m.

 

It is recommended that the application be approved subject to conditions of consent.

 

Applicant: Kim Moroney c/o:- Geolyse Pty Ltd

Owner:      Kim Moroney

Proposal:  Subdivision into three (3) lots and dwelling on Lot 1

Location:   Lot 9 Section 13 DP 758693, Boomey Street, Molong

Zone:                  R1 General Residential

 

THE PROPOSAL

The proposal seeks Council consent for a three (3) lot subdivision and the construction of a dwelling on proposed Lot 1.

 

Proposed Lot 1 is orientated north-south, addresses Boomey Street  and will have an area of 702.9m². Proposed Lot 2 is located on the corner of Boomey and King Street and will have an area of approximately 504.81m².  Access can address either Boomey or King Street. Proposed Lot 3 will have an area of approximately 504.81m² and have access to King Street.

 

In addition to the proposed subdivision of land (3 lots), the development also seeks consent for the construction of a dwelling on proposed Lot 1. The proposed dwelling will be constructed of brick with colorbond roof sheeting and consist of four (4) bedrooms and two (2) bathrooms. Access to proposed Lot 1 will be via Boomey Street, with the dwelling also addressing the streetscape.

 

The proposed setback from the streetscape will be 6 meters. Whilst Council policy indicates a setback of 8 metres from the street boundary, or in line with the existing streetscape, the dwelling adjacent to proposed Lot 1 has a 2.5 metre setback. The proposed setback of 6m is proposed as an adequate and suitable compromise.

 

The subdivision allows for the construction of an additional two (2) dwellings in the future. These dwellings would be subject to Development Applications and a merits based assessment of each proposal.

 

Site Map

860491

 

The subject site is located on the corner of Boomey and King Street within the Molong village. The site has an area of 1707m² with frontages to both King and Boomey Streets of approximately 42m. The site is vacant from buildings, structures and vegetation. The surrounding area is characterized by low density residential dwellings and a small industrial estate to the north-east.

 

MATTERS FOR CONSIDERATION

Section 79C of the Environmental Planning and Assessment Act 1979 requires Council to consider various matters, of which those pertaining to the application are listed below.

 

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

 

Clause 1.2  Aims of the Plan

The broad aims of the LEP are as follows:

a) to encourage development that complements and enhances the unique character and amenity of Cabonne, including its settlements, localities, and rural areas,

(b) to provide for a range of development opportunities that contribute to the social, economic and environmental resources of Cabonne in a manner that allows present and future generations to meet their needs by implementing the principles of ecologically sustainable development,

(c) to facilitate and encourage sustainable growth and development that achieves the following:

(i) contributes to continued economic productivity, including agriculture, business, tourism, industry and other employment opportunities,

(ii) allows for the orderly growth of land uses while minimising conflict between land uses within the relevant zone and land uses within adjoining zones,

(iii) encourages a range of housing choices and densities in planned urban and rural locations that is compatible with the residential and rural environment and meets the diverse needs of the community,

(iv) promotes the integration of land uses and transport to improve access and reduce dependence on private vehicles and travel demand,

(v) protects, enhances and conserves agricultural land and the contributions that agriculture makes to the regional economy,

(vi) avoids or minimises adverse impacts on drinking water catchments to protect and enhance water availability and safety for human consumption,

(vii) protects and enhances places and buildings of environmental, archaeological, cultural or heritage significance, including Aboriginal relics and places,

(viii) protects and enhances environmentally sensitive areas, ecological systems, and areas that have the potential to contribute to improved environmental, scenic or landscape outcomes.

 

Clause 1.9A Suspension of covenants, agreements and instruments

This clause provided that  covenants, agreements or other similar instruments that restrict the carrying out of development upon the subject land do not apply unless such are:

·    Covenants imposed or required by council

·    Prescribed instruments under s183A of Crown Lands Act 1989

·    Any conservation agreement under National Parks and Wildlife Act 1974

·    Any trust agreement under the Nature Conservation Trust Act 2003

·    Any property vegetation plan under the Native Vegetation Act 2003

·    Any biobanking agreement under Part 7A of the Threatened Species Conservation Act 1995

·    Any planning agreement made under Division 6 of Part 4 of the Environmental Planning & Assessment Act 1979

 

      Mapping

The subject site is identified on the LEP maps in the following manner:

 

     

Land zoning map

Land zoned R1 General Residential

Lot size map

Minimum lot size 500m2

Heritage map

Not a heritage item or conservation area

Terrestrial Biodiversity Map

No biodiversity sensitivity on the subject land

Flood planning map

Not within a flood zone

Natural resource – karst map

Is within a karst area

Drinking water catchment map

Not within a drinking water catchment area

Riparian land and watercourse map, groundwater vulnerability map

Groundwater vulnerable

Land reservation acquisition map

N/A

 

      These matters are addressed in the report following.

 

Cabonne Local Environmental Plan 2012

The subject land is zoned R1 General Residential by the Cabonne Local Environmental Plan 2012.  Subdivision of land and construction of a dwelling is permissible within this zone, subject to Council’s development consent.

 

Objectives of the R1 General Residential zone

The proposal is not contrary to the aims of the LEP or the objectives of the R1 zone.  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.

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

 

Part 4 – Principal development Standards

Clause 4.1 Minimum subdivision lot size

The proposed subdivision meets the minimum lot size of 500m² per lot created. Proposed Lot 1 will have an area of 702.9m²; Lot 2 will have an area of 504.81m² and Lot 3 will have an area of 504.81m².

 

Part 6 – Additional local provisions

 

Clause 6.2 Stormwater management

Stormwater flows would be managed to ensure that post development levels meet or don’t exceed pre-development levels.

 

Clause 6.4 Groundwater vulnerability

The design and siting of the proposal has sought to avoid impacts on groundwater and is considered acceptable.

 

Clause 6.7 Land affected by karst

The subject land has been identified as “Karst” on the Natural Resource – Karst Map. The proposed dwelling will be connected to reticulated sewer and as such any impact on the underground karst system is considered minimal by contamination. The proposed dwelling will be designed to comply with structural engineers requirements and as such issues of subsidence is considered to be minimal. Stormwater will be managed so as to ensure post development flows meet or do not exceed pre development levels.

 

Clause 6.8 Essential services

The site has access to and is capable of connecting to reticulated sewer and water. Electricity and telecommunications are also required to be provided to each lot. The provision of these services is the requirement of the developer.

As such, adequate arrangements can be made for the provision of essential services for the proposed subdivision and dwelling.

 

REGIONAL ENVIRONMENTAL PLANS

 

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

 

STATE ENVIRONMENTAL PLANNING POLICIES

 

No SEPPs apply to this development.

 

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

There are no draft environmental plans that relate to the subject land or proposed development.

 

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

 

Development Control Plan 10 – Flood Prone Land in Molong applies to all land in Molong. The subject site is not identified as being affected by flood water and as such any new development will not impact upon the existing flow of water.

 

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

The subject site is located in the north west of Molong in close proximity to local services. The site slopes from south to north and is cleared of any significant vegetation. The proposed subdivision for residential use is consistent with the surrounding development and use.

 

Lot size and shape

Lot 1 is in excess of 700m² with proposed lots 2 & 3 in excess of 500m². Lot size and shape are considered acceptable and consistent with the existing grid pattern.

 

Visual amenity

The proposed subdivision is consistent with the existing scale and nature of the surrounding development. The proposed dwelling in also consistent is size, scale and appearance of surrounding dwellings in the nearby vicinity.

 

Setbacks

The proposed setback for the dwelling on proposed Lot 1 is 6 metres. Whilst Council’s Building Alignment Policy states a setback of 8 metres is required in the village; when looking at the existing streetscape of Boomey Street, the adjoining parcel of land with an existing dwelling has a setback of approximately 2 metres. It is considered the proposed setback of 6 metres is satisfactory is this instance.

 

1837262

 

 

Access and traffic

Proposed Lot 1 will have access via Boomey Street; proposed Lot 2 having access via either Boomey or King Street; and proposed Lot 3 to have access via King Street. Conditions requiring approval for access and to comply with Council current specifications have been included.

 

The development for the creation of two additional lots with the potential for another 2 dwellings will generate additional traffic. The RTA Guide to Traffic Generating Developments estimates that a residential property generates approximately 9 vehicle movements per day which equates to an additional 18 trips per day. It is considered that the existing road network is sufficient to accommodate the additional traffic movements. 

                                                                                                 

Utilities

The site has access to and is capable of connecting to reticulated sewer and water. Conditions have been including requiring the applicant to connect to both sewer and water. In addition to connection costs, headworks charges for both sewer and water will apply to each lot.

 

Headworks charges for Molong include the following:-

Sewer Headworks - $5,064.00/ per lot

Water Headworks -  $6,485.00/per lot

 

Electricity and telecommunications are also required to be provided to each lot. The provision of these services is the requirement of the developer.

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

 

Physical Attributes and Hazards

There are no known technological or natural hazards that would affect the proposed development.

 

DEVELOPMENT CONTRIBUTIONS

 

No contributions apply to the development.

 

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

 

The proposed development is not advertised development.

 

The proposed development was neighbourhood notified.  No submissions were received by the close of the exhibition phase. 

 

PUBLIC INTEREST s79C(1)(e)

 

The proposed development is considered to be of minor interest to the wider public due to the relatively localised nature of potential impacts. 

 

CONCLUSION

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

1.   Council approve DA 2013/136 for a three (3) lot subdivision and the construction of a dwelling on proposed Lot 1; and

2.   Council vary the 8m building set back to permit a dwelling upon proposed Lot 1 having a boundary setback of 6m.

Attached is a draft Notice of Approval outlining a range of conditions considered appropriate to ensure that the development proceeds in an acceptable manner.

 

ITEM 7 - DA 2013/144 RECREATION AREA (COMMUNITY EVENT - BALLOON GLOW AND KEY GRAB) ON LOTS 62, 192, 193, 194, 195, 121 DP 750147 TILGA STREET, & LOT 1 DP 1169350 LONGS CORNER ROAD, CANOWINDRA

REPORT IN BRIEF

 

Reason For Report

For determination as part of the land is owned by Council and due to the wider public interest the event generates.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.3.a Provide efficient and effective development assessment

Annexures

1.  DA 2013-144 Draft Conditions of Consent    

File Number

\Development Applications\DEVELOPMENT APPLICATION\2013\03-2013-0144 - 457025

 

 

Recommendation

 

THAT Development Application 2013/144 for a Recreation Area (Community Event – Balloon Glow and Key Grab) on Lots 62, 192, 193, 194, 195, 121 DP 750147 Tilga Street, and Lot1 DP 1169350 Longs Corner Road, Canowindra, be granted consent subject to the conditions attached.

 

 

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. 

 

 

The following report provides an assessment of the development application submitted for a Recreation Area (Community Event - ‘Balloon Glow and Key Grab’) to be held on Lots 62, 192, 193, 194, 195, and 121 DP 750147 and Lot 1 DP 1169350, Canowindra. The proposed event will take place on Saturday 20th April, 2013. The event will use land owned by Council, the Crown and a private landowner. All land uses will be for a temporary purpose only.

 

The application has been referred to the Environmental Services and Sustainability Committee for determination as the land is owned by Council and due to the wider public interest the event generates.

 

The application was neighbour notified for a period of 14 days with no submissions being received that opposed the development. The application was also referred to the Local Traffic Committee for assessment and subsequent approval.

 

It is recommended that the application be approved subject to conditions of consent.

 

Applicant:          Canowindra Challenge

Owner:               Cabonne Council

Proposal:           Recreation Area (Community Event – Balloon Glow and Key Grab)

Location:            Lots 62, 192, 193, 194, 195, 121 DP 750147 Tilga Street & Lot 1 DP 1169350 Longs Corner Road, Canowindra

Zone:                  RE1 Public Recreation (Sports Ground) RE2 Private Recreation and RU1 Primary Production (Key Grab)

 

THE PROPOSAL

Council approval is sought for the event Canowindra Challenge Inc to include  the Balloon Glow and the Key Grab. The Balloon Glow is to take place on Saturday 20th April, 2013 at the Canowindra Recreation Ground (sports complex), with the Canowindra Showground being utilized for RVs for the duration of the national championships which lasts from 20th to 27th April, 2013.

 

Whilst the event this year includes the National Championships, the proposal seeks consent for a period of 5 years. This will allow event organisers to hold one (1) event per annum for a period of five (5) years.

 

The Balloon Glow will consist of:-

 

·    Night markets selling food and wine to spectators

·    The Balloon Glow is the feature event to take place when it is dark

·    Night rugby union match to take place on the sports oval and is part of the Central West AFND Cup and takes place after the Balloon Glow

·    Light entertainment of local performers, school groups and community based organisations

 

The event seeks to promote local produce and food by way of providing a unique dining experience and enable the promotion of tourism and heritage. The event organizer also expects economic benefit to the Molong business community as a result of the event attracting visitors to Molong on the day.

 

The main community event being the Balloon Glow will operate between 3.30pm and 10pm Saturday 20th April 2013. These hours include both set-up, clean-up and the event.

 

Parking is identified as being available at the Canowindra High School. Stall holders and event organisers will park on site at the recreation ground. Disabled parking is identified via the Tilga Street entrance and will be designated parking only.

 

Site Map for the Balloon Glow

 

 

The second event is the Canowindra Key Grab and is to be held on Saturday 27th April 2013 on Hamilton’s Bluff Airstrip, Longs Corner Road, Canowindra. The event will take place between 6:30am to 8:00am. Minimal spectators of approximately 150 people are anticipated. The Key Grab consists of hot air balloons flying into a set location to attempt to grab a key from the top of a flag pole.

 

 

 

 

 

 

 

Site Map for Key Grab

 

BACKGROUND

Canowindra Challenge Incorporated (CCI) is a community group and the Canowindra Challenge is a community event run for the benefit of Canowindra and the Shire of Cabonne.

 

The event has previously been held without development consent from Council. Council consent was sought in 2012 and granted. Canowindra Challenge was awarded the 2013 National Championships and this year the organisers seek a five (5) year approval.

 

MATTERS FOR CONSIDERATION

Section 79C of the Environmental Planning and Assessment Act 1979 requires Council to consider various matters, of which those pertaining to the application are listed below.

 

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

 

Clause 1.2  Aims of the Plan

The broad aims of the LEP are as follows:

a) to encourage development that complements and enhances the unique character and amenity of Cabonne, including its settlements, localities, and rural areas,

(b) to provide for a range of development opportunities that contribute to the social, economic and environmental resources of Cabonne in a manner that allows present and future generations to meet their needs by implementing the principles of ecologically sustainable development,

(c) to facilitate and encourage sustainable growth and development that achieves the following:

(i) contributes to continued economic productivity, including agriculture, business, tourism, industry and other employment opportunities,

(ii) allows for the orderly growth of land uses while minimising conflict between land uses within the relevant zone and land uses within adjoining zones,

(iii) encourages a range of housing choices and densities in planned urban and rural locations that is compatible with the residential and rural environment and meets the diverse needs of the community,

(iv) promotes the integration of land uses and transport to improve access and reduce dependence on private vehicles and travel demand,

(v) protects, enhances and conserves agricultural land and the contributions that agriculture makes to the regional economy,

(vi) avoids or minimises adverse impacts on drinking water catchments to protect and enhance water availability and safety for human consumption,

(vii) protects and enhances places and buildings of environmental, archaeological, cultural or heritage significance, including Aboriginal relics and places,

(viii) protects and enhances environmentally sensitive areas, ecological systems, and areas that have the potential to contribute to improved environmental, scenic or landscape outcomes.

 

Clause 1.9A Suspension of covenants, agreements and instruments

This clause provided that  covenants, agreements or other similar instruments that restrict the carrying out of development upon the subject land do not apply unless such are:

 

·    Covenants imposed or required by council

·    Prescribed instruments under s183A of Crown Lands Act 1989

·    Any conservation agreement under National Parks and Wildlife Act 1974

·    Any trust agreement under the Nature Conservation Trust Act 2003

·    Any property vegetation plan under the Native Vegetation Act 2003

·    Any biobanking agreement under Part 7A of the Threatened Species Conservation Act 1995

·    Any planning agreement made under Division 6 of Part 4 of the Environmental Planning & Assessment Act 1979

 

      Mapping

The subject site is identified on the LEP maps in the following manner:

 

     

Land zoning map

Land zoned RE1 Public Recreation and RE2 Private Recreation & RU1 Primary Production

Lot size map

Minimum lot size – N/A

Heritage map

Is not a heritage item or conservation area

Terrestrial Biodiversity Map

No biodiversity sensitivity on the subject land

Flood planning map

Is not within a flood zone

Natural resource – karst map

Is not within a karst area

Drinking water catchment map

Not within a drinking water catchment area

Riparian land and watercourse map, groundwater vulnerability map

Not Groundwater vulnerable

Land reservation acquisition map

N/A

      These matters are addressed in the report following.

 

Cabonne Local Environmental Plan 2012

The subject land is zoned RE1 Public Recreation, RE2 Private Recreation and RU1 Primary Production by the Cabonne Local Environmental Plan 2012.  A Recreation Area (Community Event – Balloon Glow and Key Grab) for the temporary use of land is permissible within this zone, subject to Council’s development consent. A recreation area is defined under the Cabonne Local Environmental Plan 2012 as “a place used for outdoor recreation that is normally open to the public and includes a children’s playground; an area used for community sporting activities; a public park, reserve, or garden or the like; and any ancillary buildings, but does not include a recreation facility (indoor), recreation facility (major) or recreation facility (outdoor). It is considered the proposed event is best defined by as a “recreation area”.

 

Objectives of the RE1Public Recreation and RE2 Privation Recreation zone

The proposal is not contrary to the aims of the LEP or the objectives of the RE1, RE2 or RU1 zones.  The development relates to and is consistent with the zone objectives which seeks to 

 

• To enable land to be used for public open space, private open space or recreational purposes

• To provide a range of recreational settings and activities compatible land uses.

• To protect and enhance the natural environment for recreational purposes.

 

The objectives of the RU1 zone are:

 

• To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.

• To encourage diversity in primary industry enterprises and systems appropriate for the area.

• To minimize the fragmentation and alienation of resource lands.

• To minimize conflict between land uses within this zone and land uses within adjoining zones.

• To enable function centres, restaurants or cafes and appropriate forms of tourist and visitor accommodation to be developed in conjunction with agricultural uses.

 

Part 2 – Permitted or prohibited development

Clause 2.8 Temporary use of land

The proposal complies with sub-clauses (1), (2) and (3). The proposal is for a single event with Council owned land being used for a temporary purpose only. Upon completion of the event, the applicant will be required to return the site to its prior state. The site will also be returned to its previous use. No change in permanent use is proposed. The proposal does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land.

 

REGIONAL ENVIRONMENTAL PLANS

 

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

 

STATE ENVIRONMENTAL PLANNING POLICIES

 

State Environmental Planning Policy (Infrastructure) applies to the subject proposal.

The SEPP identifies the development as traffic generating development under Clause 104 of the SEPP, as the applicant anticipates a maximum of 6000 spectators to the main event for the “balloon glow”. As such, the application was referred to the Local Traffic Committee (LTC), which includes representatives from the Police, RMS and Council. Recommendations and approval from the LTC will be included as conditions of any consent granted.

 

The proposal is not inconsistent with the SEPP.

 

The remaining event being the “Key Grab” is not expected to generate excessive traffic movements or volumes. This event will have adequate off-street parking.

 

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 the proposal.

 

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

The proposed Balloon Glow and Food and Wine Evening Market is to be held at the sports complex at the corner of Tilga and Ross Streets. The Key Grab is to be held on private land on the outskirts of Canowindra.

 

The proposed event will not have any permanent adverse impacts on the amenity of the area. It is anticipated that there may be temporary impacts, however these are considered adequate given the temporary nature of the event, as well as the cultural and social benefits that the event entails.

 

Noise

The main balloon glow event will use amplification equipment for commentary. Noise generated by amplification and other noise associated with the event is considered to be satisfactory for the development.

 

Visual amenity

The showground will accommodate RVs for temporary use. The sports complex will accommodate temporary tables/chairs, amenities, food stalls and a wine bar. Both sites will be required to have the area cleaned and returned to its regular use at the conclusion of the event.

 

Access and traffic

The proposed event is anticipated to attract up to 6000 spectators for the Balloon Glow and Night Markets. The applicant proposes to utilize the grounds of Canowindra High School for the main parking area. A separate parking area is being proposed to take vehicle movements away from the Showground and Sports Ground to ensure safety. Separate areas have been highlighted as parking areas for event organisers, store holders, the elderly and disabled persons. 

 

The applicant has prepared and submitted TCPs for parking and pedestrian access. Due to the proposed numbers for the event, the development was required to be assessed and approved by Local Traffic Committee. LTC’s recommendations for approval of the event include:-

 

1.   The ‘Event, Drive Carefully’ flags are NOT to be used within any road reserve or road related area

2.   The supplied Traffic Control Plan (TCP) has been accepted and is to be fully implemented by the event organiser.

a.   The TCP shall be set up under the supervision of a current RMS accredited “Apply TCPs” (RMS Yellow Ticket) person

b.   Only RMS accredited Traffic Controllers (Blue/Grey Ticket) shall operate Stop/Slow bats if required

c.   A 40kph speed zone is to be implemented past the event area as per the supplied TCP and Council is to be reimbursed for the cost of the application for the Speed Zone Authorisation (SZA).

3.   The event organiser shall notify all emergency services of the event

4.   The event organiser shall obtain written Police approval from the Canobolas LAC to conduct the event

5.   The event organiser must have public liability insurance cover to the value of $20 million, with Cabonne Council noted as an interested party and with the date and time of the event

6.   Any use of private land shall have the owner’s approval

7.   The event organiser shall be responsible for the cost of repairing any damage caused to Council infrastructure as a result of the event.

 

These requirements will be included as a separate draft condition of consent.

 

Amenities and Site Management

A Waste Management Plan has been provided to Council. It is the responsibility of the applicant to ensure the event has adequate waste facilities and that at the conclusion of the event the site is returned to its original state. This is the responsibility of the applicant and event organisers and not Council.

 

Whilst amenities are available on site, additional services will be hired to cater for the increased demand.

 

The applicant is required to provide a copy of $20 million Public Liability Insurance Certificate to cover the event and to ensure the proponent and Cabonne Council are protected from a liability claim and indemnifies Cabonne Council for any claims and damages during the event.

 

Safety

A Risk Management Plan has been provided to Council and is noted as satisfactory.

 

An Emergency Evacuation Plan has been prepared and provided to Council as part of the application. A condition of consent has been included to cover this aspect of the development.

 

Other conditions have been included requiring the applicant to notify emergency authorities, in addition to gaining approval from NSW Police to hold a public assembly.

 

There is no CASA requirement however, the Australian Balloon Federation has advised Council that the applicant is required to provide a buffer zone of at least 30 metres around the basket of all balloons during the process of inflating and deflating of the balloons. This safety requirement has been included as a condition of consent.

 

Signage

Signage will be required by the applicant for pedestrian and traffic safety. These approvals were granted by the Local Traffic Committee. Additional signage advertising the event may also be displayed around Canowindra. Promotional signage is classified as ‘exempt development’ under State Environmental planning Policy No 60 (exempt and Complying Development) and does not require approval from Council. A condition of consent has been included ensuring all proposed signage is erected under the provisions of the SEPP. Any signage must display advertising that is directly associated with the event and must be removed no more than 14 days after the event.

 

Notification

The applicant is obligated to notify all relevant public authorities and emergency services of the event prior to its commencement. Several conditions of consent cover these aspects.

 

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

 

Physical Attributes and Hazards

There are no known technological or natural hazards

 

DEVELOPMENT CONTRIBUTIONS

 

No contributions apply to the development.

 

PLAN OF MANAGEMENT

 

A Plan of Management has not been prepared for the site. As the development proposal is for a temporary activity only, the proposal is considered to be adequately addressed by an assessment under the LEP and relevant planning provisions.

 

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

 

The proposed development was neighbour notified for a period of 14 days with no submissions being received by the close of the exhibition phase.

 

Public Authority Consultation

The subject application was referred to the Roads and Maritime Services (RMS) and the Local Traffic Committee (LTC) for assessment and approval. LTC requirements have been included in the draft conditions  of consent and addressed under Section 79C matters for consideration – Access and traffic.

 

RMS has no objections to the event taking place  and provides a permit under Section 144 of the Roads Act 1993. The approval is subject to the following requirements:-

 

·    Any recommendations made by the Cabonne Local Traffic Committee are adopted;

·    Conditions as notified by Traffic Engineering Officer David Vant of this office are adopted;

·    Any conditions or instructions Police place on this event are met;

·    The Public liability Insurance in the amount of $20 000 000 is held indemnifying the RMS and employees from any liability resulting from the holding of the event;

·    The event is advertised in the local media;

·    That emergency services and local hospitals are notified of the proposed event;

·    All instructions given by the police and/or other authorities is obeyed; and

·    Only certified traffic controllers are to control traffic.

 

Requirements from RMS have been included into draft conditions of consent.

 

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 for a Recreation Area (Community Event – Balloon Glow and Key Grab) is permissible with the consent of Council. The development complies with the relevant aims, objectives and provisions of the LEP.  A section 79C assessment of the development indicates that the development is acceptable in this instance. Attached is a draft Notice of Approval outlining a range of conditions considered appropriate to ensure that the development proceeds in an acceptable manner.

 

ITEM 8 - DA 2013/84 Dwelling and Motor Showroom on Lot 2 Section 27 DP 758311

REPORT IN BRIEF

 

Reason For Report

Referred to the Environmental Services and Sustainability Committee for determination as the proposal is inconsistent with clause 22 of the Cabonne LEP 1991

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.3.a Provide efficient and effective development assessment

Annexures

1.  2005 Flood Photo    

File Number

\Development Applications\DEVELOPMENT APPLICATION\2013\03-2013-0084 - 458542

 

 

Recommendation

 

THAT Development Application 2013/84 for a dwelling and motor showroom on Lot 2 Section 27 DP 758311 Cudal, be refused.

 

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. 

 

One (1) public submission disclosure has been received. 

 

 

SUMMARY

 

The following report provides an assessment of the application submitted for DA 2013/84 for a dwelling and vehicle sales premises on Lot 2 Section 27 DP 758311, Flood Street, Cudal.

 

The application has been referred to the Environmental Services and Sustainability Committee for determination as the proposal is inconsistent with clause 22 Flood liable land under the Cabonne LEP 1991. 

 

It is recommended that the application be refused.

 

Applicant: Saunders and Staniforth Property and Planning Consultants

Owner:      Russell Jeffries

Proposal:  Dwelling & Motor Showroom 

Location:   Lot 2 Section 27 DP 758311 Flood Street, Cudal

Zone:         2v Village / RU5 Village

 

THE PROPOSAL

It is proposed to erect a dwelling and motor show room on the subject land.

 

The proposed dwelling is a single storey, three bedroom hardiplank building, raised 1.5m from ground level, to be located on Lot 2 Section 27 DP 758311.  

 

The proposed shed is 18 × 12 metres and construction materials consist of steel frame and Colorbond cladding. The shed will be used as a motor show room for display and sale of farm machinery and trucks. The shed is to be constructed on a slab at ground level. The total number of trucks or machinery on display is estimated 10 vehicles at any one time.

 

Access to the site will be via an extension of Merga Street. The proposed driveway to serve the site transverses Lot 7303 DP 1152009 which is identified as Crown Land and Crown approval is required. The estimated number of customer vehicles to access the site is 10 vehicles per day. Parking is provided onsite for up to two customer vehicles and one employee vehicle.

 

The proposed vehicle sales premises is owner-operated plus one part time employee. Proposed hours of operation are 9am to 5pm Monday to Friday and 9am to 2pm Saturday.

 

 

 

 

 

 

 

 

 

 

 

Site Map

 

MATTERS FOR CONSIDERATION

Section 79C of the Environmental Planning and Assessment Act 1979 requires Council to consider various matters, of which those pertaining to the application are listed below.

 

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

 

Cabonne Local Environmental Plan 1991 (Amended)

Clause 9

 

The subject land is zoned 2(v) Village under the provisions of the Cabonne Local Environmental Plan 1991.

 

The proposed development is not separately defined by the LEP 1991. The proposal may be classified under the Environmental Planning and Assessment Model Provisions 1980 according to the following definitions:-

 

A “dwelling” means a room or suite of rooms occupied or used as a separate domicile.

 

A “motor showroom” means a building or place used for the display or sale of motor vehicles, caravans, or boats, whether or not motor vehicles accessories, caravan accessories or boat accessories are sold or displayed therein or thereon.

 

The proposal may also be defined under the Cabonne LEP 2012 as a vehicle sales or hire premises which means a building or place used for the display, sale or hire of motor vehicles, caravans, boats, trailers, agricultural machinery and the like, whether or not accessories are sold or  displayed there.

 

Use of land zoned 2(v) village for a dwelling and motorshow room is permissible under the provisions of clause 9 of the Cabonne LEP 1991.

 

Clause 22 Flood Liable Land

 

(1) A person shall not erect a building or carry out work for any purpose on flood liable land except with the consent of Council.

 

(2) The Council shall not grant consent to the erection of a building or the carrying out of a work on flood liable land if, in the opinion of the Council, the carrying out of the development is likely:-

 

a.   To impede the flow of flood waters on that land or adjacent land,

b.   To imperil the safety of persons on that land or adjacent land in the event of the land being inundated with flood waters,

c.   To aggravate the consequences of flood waters flowing on that land or adjacent land with regard to erosion, siltation and the destruction of vegetation, or

d.   To have an adverse effect on the water table of that land or adjacent land.

The site is adjacent to Boree Creek in Cudal. Photographic evidence shows the entire site was inundated with flood water in the floods of 2005 and local knowledge suggests this site is prone to flooding from the Boree Creek.

 

There is no current flood study for the Boree Creek and therefore the floodway or the flood fringe has not been determined. Based on the topography of the land and the nature of the site it is evident the site is within the floodway within the extent of the 100 year ARI flood. The floodway is synonymous with areas where the hazard is high on the basis of depth and velocity of flow. New residential or commercial/industrial development is prohibited in the floodway in towns including Molong and Eugowra (based on adopted flood studies).

 

The proposed dwelling is raised on timber posts approximately 1.5m above ground level to prevent inundation of the building by flood water. While flood water may not enter the house in a 100 year ARI flood event there is potential for damage to the structure. Furthermore, raising a dwelling above the estimated flood level evokes a false sense of security which may imperil the safety of residents and emergency services personnel during a flood event.

 

The proposed motor show room is at the rear of the lot approximately 60m from the bank of the Boree Creek. The motor show room is a colourbond shed with three roller doors on the eastern side. It is proposed to construct the shed on a concrete slab at ground level. The shed will also be prone to inundation by flood water from the Boree Creek. This could result in substantial damage to the structure and any trucks or farm machinery stored inside. Associated with risk of damage to property is the environmental risk of oil and fuel pollution into the waterway.

 

The design of the proposed shed and its substantial size will also impede the flow of floodwater on Lot 2 and adjacent land.

 

The proposal for development on the subject land is contrary to the provisions of clause 22 of the Cabonne LEP 1991.

 

Objectives of the 2(v) Village Zone

 

The objective of this zone is to promote development in existing towns and villages in a manner which is compatible with their urban function. The subject land is currently vacant, and local information suggests the site has not been developed to date due to flood risk.

 

 

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 subject land.

 

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

 

Council’s Local Environmental Plan 2012 was in draft format when the Development Application (2013/84) was lodged on 17th December 2012. The Draft Local Environmental Plan was a matter for consideration and should be considered by Council is assessing the development application, alongside consideration under the existing controls (Cabonne LEP 1991). A dwelling and vehicle sales or hire premises is permissible within the zone, subject to development consent. A vehicle sales or hire premises means a building or place used for the display, sale or hire of motor vehicles, caravans, boats, agricultural machinery  and the like, whether or not accessories are sold or displayed there.

 

Part 6 Additional local provisions (Draft)  

6.1 Flood planning

(1) The objectives of this clause are as follows:

a.   to minimise the flood risk to life and property associated with the use of land,

b.   to allow development on land that is compatible with the land’s flood hazard, taking into account projected changes as a result of climate change,

c.   to avoid significant adverse impacts on flood behaviour and the environment.

Development of the subject land for a dwelling and motor showroom may have adverse impacts upon flood behaviour which may impact on other development and the community.    

Furthermore, the proposed development may expose occupants and emergency service personnel to danger during a flood event and there is potential for damage to private property, including buildings and machinery.

(2) This clause applies to:

a.   land identified as “Flood planning area” on the Flood Planning Map , and

b.   other land at or below the flood planning level.

 

The land is not identified as “Flood Planning Area” under the Draft LEP 2012 due to the nonexistence of a flood study for this section of the Boree Creek. Despite this, local knowledge and photographic evidence suggests the site is prone to inundation by flood water.

 

(3) Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that the development:

a.   is compatible with the flood hazard of the land, and

a.   will not significantly adversely affect flood behaviour resulting in detrimental increases in the potential flood affectation of other development or properties, and

b.   incorporates appropriate measures to manage risk to life from flood, and

c.   will not significantly adversely affect the environment or cause avoidable erosion, siltation, destruction of riparian vegetation or a reduction in the stability of river banks or watercourses, and

d.   is not likely to result in unsustainable social and economic costs to the community as a consequence of flooding.

 

(4) A word or expression used in this clause has the same meaning as it has in the Floodplain Development Manual (ISBN 0 7347 5476 0) published by the NSW Government in April 2005, unless it is otherwise defined in this clause.

 

(5) In this clause, "land at or below the flood planning level" means land at or below the level of a 1:100 ARI (average recurrent interval) flood event plus 0.5 metre freeboard.

 

The proposed development does not meet the requirements under clause 6.1 Flood Planning of the Draft Cabonne LEP 2012.

 

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 proposal for a vehicle sales or hire premises is not in keeping with the existing character and amenity of the locality or streetscape. The scale and character of such a land use is contrary to the objectives of the RU5 village zone which seek to ensure development is compatible with surrounding land uses. Surrounding land use is low density residential development. 

 

Utilities

The proposed development can be connected to utilities including water, electricity, telephone and reticulated sewerage with nil social or economic burden to the wider community.

 

Visual amenity

The proposed development will be highly visible from Main Street, which is also identified as a Regional Road (The Escort Way). A large, colorbond shed for a vehicle sales premises for agricultural machinery and trucks would have an adverse impact to the character and visual amenity of the surrounding area. Furthermore, any machinery and trucks stored at the site may be placed outside the shed for display and be highly visible from The Escort Way or Main Street.

 

Access and traffic

The proposal has been assessed by Development Engineering in relation to access, traffic and car parking.

 

Access to the site is via an extension of Merga Street and requires an extension of the road. The applicant is required to extend and upgrade the existing road infrastructure from the intersection on Main Street to the proposed development. The applicant will need to gain consent from the Crown for the use of Lot 7303 DP 1152009 for vehicle access to the site.

 

Adequate off-street parking is required. A minimum of 1 employee and 2 visitor car parking spaces are to be provided at the site.

 

 

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

 

Physical Attributes and Hazards

The site is prone to inundation of floodwater from the Boree Creek.

 

DEVELOPMENT CONTRIBUTIONS

 

There are no development contributions that apply to the proposed development.

 

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

 

The proposed development was advertised and neighbour notified with submissions open until 18th January 2013. One submission was received on 10th January 2013 in objection to the proposed development. The objection is based on the local knowledge that the land is prone to inundation by flood water from the Boree Creek. The submission included photos of the site during the 2005 flood.

 

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

 

While the landuses are permissible within the zone, the assessed environmental impact and risk to property and life indicates the development of the site is inappropriate.

 

The development does not adequately address clause 22 of the LEP 1991, and following a merits based assessment of the application it is recommended that the development application be refused. 

 

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 - 458899

 

 

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.

  


Item 5 Environmental Services and Sustainability Committee Meeting 2 April 2013

Item 5 - Annexure 1

 

Draft Conditions of Consent

 

 

1.      DEVELOPMENT IN ACCORDANCE WITH PLANS

 

Objective

 

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

 

Performance

 

Development is to take place in accordance with the attached stamped plans (Ref No: DA 2013/131 Site Map numbered) and documentation submitted with the application and subject to the conditions below, to ensure the development is consistent with Council’s consent.

 

 

2.      SCALE (GENERAL)

Objective

To ensure the scale of the activity does not increase beyond the scope of this approval without the further assessment of possible impact.

Performance

This approval enables the applicant to operate at a scale as submitted in the proposal.  Any increase in the scale of the activity as submitted, will require the further approval of Council.

 

3.      HOURS OF OPERATION

Objective

To protect the amenity of the surrounding area.

Performance

The hours of operation of the event shall be as follows:-

Monday 15 April – 2:00pm to 12:am (midnight)

 

4.      NOISE EMISSION

Objective

To protect the amenity of the surrounding area.

Performance

Emission of sound from the premises shall be controlled at all times, so as to comply with the Protection of the Environment Operations Act 1997.

 

 

5.      SIGNAGE

 

Objective

 

To ensure compliance under the Local Government Act for the temporary suspension of Alcohol Prohibited Areas.

 

Performance

 

All existing Alcohol Prohibition signage is to be covered for the duration of the event.

 

6.      ADVERTISING

 

Objective

 

To ensure compliance under the Local Government Act for the temporary suspension of Alcohol Prohibited Areas.

 

Performance

 

Advertising to advise the public of the event and the relaxation of the alcohol prohibited areas and alcohol free zones is to be at the full cost to the Applicant. Advertising will be required to be undertaken prior to the event.

 

7.      WASTE

 

Objective

 

To ensure the site is cleaned of waste generated from the event.

 

Performance

 

The site is to be cleared of all waste materials generated from the event. The waste is to be disposed of appropriately off site.

 

 

8.      PUBLIC LIABILITY INSURANCE

 

Objective6

 

To ensure that the applicant and Council are both protected against any liability claim.

 

Performance

 

Prior to the commencement of any works on Council controlled land including a public road, the applicant is to affect Public Liability Insurance in the minimum amount of $20 million. This insurance is to note Cabonne Council’s interest and is to remain current for at least the period from2:00pm, Monday 16 April 2013 until 12:00am, Tuesday 17 April 2013.

 

NB: Documentary evidence of the currency of cover is to be provided to Council prior to the staging of the event.

 

9.      OTHER AUTHORITIES

 

Objective

 

To ensure the requirements of other authorities are complied with.

 

Performance

 

Compliance with the requirement, if any, of:-

NSW Work Cover Authority

NSW Food Authority

 

10.    NOTIFICATION TO AUTHORITIES

 

Objective

 

 To ensure that public authorities are notified of the event.

 

Performance

 

Prior to the commencement of the event the applicant is to notify the NSW Ambulance Service, NSW Police and NSW Fire Brigade of the event. Any cost incurred for services by these authorities shall be paid by the Event Organiser.

 

11.    NOTIFICATION TO NSW FOOD AUTHORITY

 

Objective

 

To ensure statutory requirements are met.

 

Performance

 

The event and each individual temporary food vendor is to be registered with the Notification and Food Safety Information System with the NSW Food Authority and a copy of the NAFSIS to be provided to Council together with a copy of their Food Safety Supervisor Certificate.

 

12.    FOOD HANDLING FOR TEMPORARY EVENTS

 

Objective

 

To satisfy the provisions of the NSW Food Act 2003 and to protect public health.

 

 

 

 

Performance

 

The applicant is to ensure minimum compliance standards listed within NSW FOOD AUTHORITY “FOOD HANDLING GUIDELINES FOR TEMPORARY EVENTS” are achieved. A copy of the guidelines are attached for your reference.

 

13.    NOTIFICATION TO AUTHORITIES

 

Objective

 

To ensure the requirements of other authorities are complied with.

 

Performance

 

Compliance with the Casino, Liquor and Gaming Control Authority for the provision of liquor at the 100 Mile Dinner.

 

14.    USE OF FOOTPATHS

 

Objective

 

To maintain access over public places.

 

Performance

 

The placement of any event activity is not permitted on the footpaths or roadways that surround Molong Village Green.  Rubbish must be contained on the site.

 

 

15.    VEHICLE LOADING / UNLOADING

Objective

To ensure reasonable pedestrian and vehicle safety

Performance

The loading and unloading of all vehicles must be done entirely within the property and not upon the road reserve or footpath.

 

16.    CONTROL OF NUISANCE

 

Objective

 

To protect the amenity of the surrounding area.

 

Performance

 

No nuisance or interference with the amenity of the area is to be created by reason of any process or operation on the premises causing the emission of noise, dust, smoke or any polluted discharge whatsoever. NOTE: Amendments to the POEO Act 1997, require Council to investigate complaints where only one person complains.

17.    EMERGENCY PROCEDURES

 

Objective

 

Emergency procedures are to be clearly displayed.

 

Performance

 

Instructions concerning procedures to be clearly displayed on the premises for both public and staff information at all times prior to commencement of the use.

 

18.    DISABLED ACCESS

 

Objective

 

To comply with Disabled Access provisions under the Local Government Act, 1993.

 

Performance

 

The applicant shall make provision for access requirements for disabled people in accordance with AS 1428.1 and the Disability Discrimination Act 1992.

 

19.    DISABLED ACCESS ADVISORY CONDITION

 

Objective

 

Advisory only.

 

Performance

 

Applicants are advised that provisions should be made to enable people with disabilities, as far as reasonable, safe equitable and dignified access to and within a building. This application does not imply nor confer compliance with the Commonwealth Disability Discrimination Act 1992. Applicants should satisfy themselves and make their own enquiries to the Human Rights and Equal Opportunity Commission.

 

20.    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.

 


Item 6 Environmental Services and Sustainability Committee Meeting 2 April 2013

Item 6 - Annexure 1

 

DRAFT CONDITIONS OF CONSENT

 

 

1.      DEVELOPMENT IN ACCORDANCE WITH PLANS

 

Objective

 

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

 

Performance

 

Development is to take place in accordance with the attached stamped plans (Geolyse Architecture Project Number 212205 01_A01 Sheets 1-5 dated 14/12/2012 and designs@m Project Number 12-142 Sheet CC01, CC02, CC03 and CC04 and dated December ‘12) and documentation submitted with the application and subject to the conditions below, to ensure the development is consistent with Council’s consent.  NOTE:  Any alterations to the approved development application plans must be clearly identified WITH THE APPLICATION FOR A CONSTRUCTION CERTIFICATE. 

 

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

 

2.         BUILDING CODE OF AUSTRALIA 2012 – AUSTRALIAN STANDARDS

Objective

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

Performance

The approved subdivision and dwelling must meet the relevant Australian Standards and the performance requirements of the Building Code of Australia 2012. Compliance with the Performance Requirements can only be achieved by:-

a)      complying with the Deemed to Satisfy Provisions; or

b)      formulating an Alternative Solution which:-

          i)       complies with the Performance Requirements; or

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

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

 

3.      APPOINTMENT OF PRINCIPAL CERTIFYING AUTHORITY

 

Objective

 

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

 

Performance

 

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

 

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

 

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

 

4.      APPLICATION FOR CERTIFICATION

 

Objective

 

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

 

Performance

 

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

 

CONSTRUCTION CERTIFICATE

COMPLIANCE CERTIFICATE

SUBDIVISION CERTIFICATE

 

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, 2012.

Performance

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

(g)       Lot(s) 1, 2 and 3 have / has been approved for residential use under Clause 4.1(3) of Cabonne Local Environmental Plan, 2012.

 

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.      PROVISION OF POWER FOR SUBDIVISION

 

Objective

 

To ensure financial equity in providing adequate power supply for newly created lots 1, 2 & 3.

 

Performance

 

Prior to the issuing of a Subdivision Certificate, the applicant will submit a Compliance Certificate from the Electricity Authority indicating that arrangements have been made for the supply of mains power to proposed lots 1, 2 & 3.

 

8.       PROVISION OF PRIVATE ACCESS

 

Objective

 

To ensure that safe and practical access is provided to lots 1, 2 & 3.

 

Performance

 

Access must be provided to all proposed lots in accordance with Councils’ Provision of Private Access Specification that is current at the time of application.

 

An Access Construction Certificate must be obtained prior to commencement of construction of any access or accesses to the property from the adjoining road.

 

A joint inspection with the Principal Certifying Authority is to be held prior to commencing construction of the accesses to lots 1,2 & 3.  Please telephone Council’s Development Engineer on 6392 3271 to arrange a suitable date and time for the inspection.

 

A Compliance Certificate for the accesses must be submitted to Council before a Final Subdivision Certificate can be issued.

 

9.      CONNECTION TO TOWN WATER SUPPLY

 

Objective

 

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

 

Performance

 

The applicant is required to connect (the development/each lot) to the town water supply before the issue of a Subdivision Certificate by applying directly to the relevant water supply authority (Cabonne Council) and bearing the full cost of the connection fee.  A Compliance Certificate is to be provided to Council from the relevant Water Supply Authority.

 

 

10.    CONNECTION TO THE SEWERAGE SYSTEM

 

Objective

 

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

 

Performance

 

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

 

11.    SEWERAGE HEADWORKS LEVY (Molong)

 

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 $5,064.00 per lot. These charges may increase from July 2013.

 

Fees are calculated on a per lot basis. The Sewerage Headworks levy is to be paid before any Subdivision Certificate is issued for this development. However, should the dwelling on Lot 1 be constructed prior to the subdivision being finalised, fees for Lot 1 are to be paid prior to the release of the Construction Certificate for the Dwelling.

 

12.    WATER HEADWORKS LEVY (Molong)

 

Objective

 

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

 

Performance

 

The applicant is required to pay a Water Headworks levy for the proposed development in accordance with Council’s Fees and Charges.  The levy for the year 2012/2013 is $6,485.00 per lot. These charges may increase from July 2013.

 

The Water Headworks levy is to be paid before any Subdivision Certificate is issued for this development. However, should the dwelling on Lot 1 be constructed prior to the subdivision being finalised, fees for Lot 1 are to be paid prior to the release of the Construction Certificate for the Dwelling.

 

13.   PROVISION OF SEWER AND WATER EASEMENTS

 

Objective

 

To provide for the creation of Sewer and Water easements.

 

Performance

 

The creation of an easement for Sewer and Water services over proposed lots 3 and 2 to be provided to ensure that essential services are connected to each lot. Details to be provided to Council for approval of the Director of Environmental Services nominee BEFORE THE ISSUE OF THE SUBDIVISION CERTIFICATE.

 

14.    BASIX CERTIFICATE

 

Objective

 

To ensure the dwelling is constructed in the approved manner.

 

Performance

 

All the required commitments shown on the Basix Certificate (No: 463326S) and approved plans are to be completed PRIOR to a Final Occupation Certificate being issued.

 

15.    CONSTRUCTION CERTIFICATE

 

Objective

 

To ensure all residential work is covered by insurance and is in compliance with Part 6 of the Home Building Act 1989.

 

Performance

 

A Construction Certificate will not be issued until Council receives a Certificate of Home Warranty Insurance in accordance with the requirements of the Home Building Act 1989.

 

16.    FOOTING DESIGN

 

Objective

 

 To ensure structural strength and integrity.       

 

Performance 

 

Footings to be designed by a Structural Engineer based on the information of a geotechnical report of the foundation material, in accordance with the requirements of AS 2870.1 - 1996.

 

 

17.    PROVISION OF TEMPORARY FACILITIES

 

Objective

 

To provide temporary toilet facilities.

 

Performance

 

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

 

18.    NOISE

 

Objective

 

To limit the impact of noise on adjoining properties.

 

Performance

 

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

 

7.00am and 7.00pm Monday to Friday

7.00am and 5.00pm Saturdays

8.am and 5.00pm Sundays and Public Holidays

* This includes site works and delivery of materials.

 

19.    IDENTIFICATION OF SITE

 

Objective

 

To clearly identify the site.

 

Performance

 

Provide a clearly visible sign to the site stating:

 

a)         Unauthorised entry is prohibited;

b)         Builders name and licence number; or owner builders permit number;

c)         Street number or lot number;

d)         Contact telephone number/after hours number;

e)         Identification of Principal Certifying Authority.

 

 

20.    USE OF FOOTPATHS

 

Objective

 

To permit access over public places.

 

Performance

 

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

 

b)      No material, goods or machinery shall be stored, placed or otherwise permitted to stand between the building line and the street alignment.

 

21.    PLUMBING AND DRAINAGE WORKS

 

Objective

 

To ensure compliance with the requirements of the relevant legislation.

 

Performance

 

All plumbing and drainage work shall be carried out by a licensed plumber and drainer to the requirements of the National Plumbing and Drainage Code AS3500.

 

22.    OCCUPATION CERTIFICATE

 

Objective

 

To ensure compliance with the Environmental Planning & Assessment Act 1979.

 

Performance

 

All residential buildings will require an Occupation Certificate PRIOR to occupation/use of the building

 

23.    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.

 

24.    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 that 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 7 Environmental Services and Sustainability Committee Meeting 2 April 2013

Item 7 - Annexure 1

 

Draft Conditions of Consent

 

1.      DEVELOPMENT IN ACCORDANCE WITH PLANS

 

Objective

 

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

 

Performance

 

Development is to take place in accordance with the attached stamped plans (Ref No: DA 2013/144 Site Map numbered) and documentation submitted with the application and subject to the conditions below, to ensure the development is consistent with Council’s consent.

 

2.      SCALE (GENERAL)

Objective

To ensure the scale of the activity does not increase beyond the scope of this approval without the further assessment of possible impact.

Performance

This approval enables the applicant to operate at a scale as submitted in the proposal.  Any increase in the scale of the activity as submitted, will require the further approval of Council.

3.      SCALE

Objective

To ensure the event takes place within the scope of the approval.

Performance

Approval is granted for one (1) event per annum for a maximum of 5 years at the submitted scale. The applicant is to notify Council four (4) months prior to the event indicating proposed dates and times for the event, and updated insurance. In addition, depending on projected number of spectators, approval may be required from the Local Traffic Committee on an annual basis. It is the responsibility of the applicant to ensure all approvals are in place for the event each year.

 

4.      HOURS OF OPERATION

Objective

To protect the amenity of the surrounding area.

Performance

The hours of operation of the event shall be as follows:-

Saturday 20 April, 2013 – 3:30pm to 10:00pm – Balloon Glow and Night Markets

Saturday 27 April, 2013 – 6:30am to 8:00am – Key Grab

 

5.      LOCAL TRAFFIC COMMITTEE (LTC) REQUIREMENTS

Objective

To satisfy the requirements from the Local Traffic Committee (LTC) for the proposed event.

Performance

The following requirements form the approval from the LTC:-

1.   The ‘Event, Drive Carefully’ flags are NOT to be used within any road reserve or road related area

2.   The supplied Traffic Control Plan (TCP) has been accepted and is to be fully implemented by the event organiser.

a.   The TCP shall be set up under the supervision of a current RMS accredited “Apply TCPs” (RMS Yellow Ticket) person

b.   Only RMS accredited Traffic Controllers (Blue/Grey Ticket) shall operate Stop/Slow bats if required

c.   A 40kph speed zone is to be implemented past the event area as per the supplied TCP and Council is to be reimbursed for the cost of the application for the Speed Zone Authorisation (SZA).

3.   The event organiser shall notify all emergency services of the event

4.   The event organiser shall obtain written Police approval from the Canobolas LAC to conduct the event

5.   The event organiser must have public liability insurance cover to the value of $20 million, with Cabonne Council noted as an interested party and with the date and time of the event

6.   Any use of private land shall have the owner’s approval

7.   The event organiser shall be responsible for the cost of repairing any damage caused to Council infrastructure as a result of the event.

 

6.      NOISE EMISSION

Objective

To protect the amenity of the surrounding area.

Performance

Emission of sound from the premises shall be controlled at all times, so as to comply with the Protection of the Environment Operations Act 1997.

7.      WASTE/SITE CONDITION

 

Objective

 

To ensure the site is cleaned of waste generated from the event.

 

 

 

 

Performance

 

The site is to be cleared of all waste materials generated from the event in accordance with the submitted Waste management Plan. All waste is to be disposed of lawfully. All structures and materials erected/used for the event (excluding signage) are to be removed from the site upon completion of the event and the site returned to its original condition.

 

8.      PUBLIC LIABILITY INSURANCE

 

Objective

 

To ensure that the applicant and Council are both protected against any liability claim.

 

Performance

 

The applicant is to have current Public Liability Insurance to the sum of $20 million over the course of the event that indemnifies Cabonne Council for any claims or damages during the event.

 

NB: Documentary evidence of the currency of cover is to be provided to Council prior to the staging of the event.

 

9.      TRAFFIC AND PEDESTRIAN MANAGEMENT PLAN

 

Objective

 

To ensure that traffic or pedestrian movement through or past the event site is safe.

 

Performance

 

The applicant is to implement the Traffic Management Plan as submitted that provides necessary direction to traffic and pedestrian movement through or past the event site prior to the event taking place. The Traffic Management Plan is to be distributed to NSW Ambulance Service, NSW Police and NSW Fire Brigade prior to the staging of the event.

 

10.    OTHER AUTHORITIES

 

Objective

 

To ensure the requirements of other authorities are complied with.

 

Performance

 

Compliance with the requirement, if any, of:-

NSW Work Cover Authority

NSW Food Authority

 

11.    NOTIFICATION TO AUTHORITIES

 

Objective

 

 To ensure that public authorities are notified of the event.

 

Performance

 

Prior to the commencement of the event the applicant is to notify the NSW Ambulance Service, NSW Police and NSW Fire Brigade of the event. Any cost incurred for services by these authorities shall be paid by the Event Organiser.

 

12.    ADVERTISING SIGNAGE

 

Objective

 

To ensure that all signage proceeds in accordance with Council’s approval.

 

Performance

 

The advertising signage to be erected is to display a message relating to or being associated with the festival.

 

The erection of any signage associated with the event is to be erected/displayed no more than 28 days before the event.

 

All signage is to removed within 14 days after the event.

 

13.    PUBLIC SAFETY

 

Objective

 

To ensure adequate provisions are in place for the Balloon Glow event.

 

Performance

 

A minimum buffer zone of 30 meters is to be provided from the basket of any hot air balloon partaking in the night glow demonstration whilst the procedure of inflating and deflating the balloon is in progress.

 

14.    NOTIFICATION TO NSW FOOD AUTHORITY

 

Objective

 

To ensure statutory requirements are met.

 

Performance

 

The event and each individual temporary food vendor is to be registered with the Notification and Food Safety Information System with the NSW Food Authority and a copy of the NAFSIS to be provided to Council together with a copy of their Food Safety Supervisor Certificate.

 

15.    FOOD HANDLING FOR TEMPORARY EVENTS

 

Objective

 

To satisfy the provisions of the NSW Food Act 2003 and to protect public health.

 

Performance

 

The applicant is to ensure minimum compliance standards listed within NSW FOOD AUTHORITY “FOOD HANDLING GUIDELINES FOR TEMPORARY EVENTS” are achieved. A copy of the guidelines are attached for your reference.

 

16.    NOTIFICATION TO AUTHORITIES

 

Objective

 

To ensure the requirements of other authorities are complied with.

 

Performance

 

Compliance with the Casino, Liquor and Gaming Control Authority for the provision of liquor at the Canowindra Balloon Glow.

 

17.    CONTROL OF NUISANCE

 

Objective

 

To protect the amenity of the surrounding area.

 

Performance

 

No nuisance or interference with the amenity of the area is to be created by reason of any process or operation on the premises causing the emission of noise, dust, smoke or any polluted discharge whatsoever. NOTE: Amendments to the POEO Act 1997, require Council to investigate complaints where only one person complains.

 

18.    EMERGENCY PROCEDURES

 

Objective

 

Emergency procedures are to be clearly displayed.

 

Performance

 

Instructions concerning procedures to be clearly displayed on the premises for both public and staff information at all times prior to commencement of the use.

 

19.    DISABLED ACCESS

 

Objective

 

To comply with Disabled Access provisions under the Local Government Act, 1993.

 

Performance

 

The applicant shall make provision for access requirements for disabled people in accordance with AS 1428.1 and the Disability Discrimination Act 1992.

 

20.    DISABLED ACCESS ADVISORY CONDITION

 

Objective

 

Advisory only.

 

Performance

 

Applicants are advised that provisions should be made to enable people with disabilities, as far as reasonable, safe equitable and dignified access to and within a building. This application does not imply nor confer compliance with the Commonwealth Disability Discrimination Act 1992. Applicants should satisfy themselves and make their own enquiries to the Human Rights and Equal Opportunity Commission.

 

 

21.    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.


Item 8 Environmental Services and Sustainability Committee Meeting 2 April 2013

Item 8 - Annexure 1

 

 


GENERAL MANAGER’S REPORT ON MATTERS FOR NOTATION SUBMITTED TO THE Environmental Services and Sustainability Committee Meeting TO BE HELD ON Tuesday 2 April, 2013

Page 1

TABLE OF CONTENTS

 

 

 

ITEM 1      HERITAGE ADVISOR'S REPORT - MARCH 2013......................... 1  

 

ANNEXURE ITEMS

 

ANNEXURE 1.1    Heritage Advisor's Report....................................... 2 

 


 

 

ITEM 1 - HERITAGE ADVISOR'S REPORT - MARCH 2013

REPORT IN BRIEF

 

Reason For Report

Providing Councillors with a copy of the Heritage Advisor's report for March 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    

File Number

\OFFICIAL RECORDS LIBRARY\DEVELOPMENT AND BUILDING CONTROLS\REPORTS\HERITAGE - 456995

 

Director of Environmental Services' REPORT

 

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


Item 1 Environmental Services and Sustainability Committee Meeting 2 April 2013

Item 1 - 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: March 2013                                                Visit: 05/3/2013

 

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

April 8th

May 7th

June 4th

 

 

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

v Canowindra – Main Street Study

 

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

·      An early street photo has been sourced for part of the building indicating a cast iron balustrade to the verandah;

·      The DA & CC has been signed off by owners and insurers and is waiting for fee payment and then will be submitted to Cabonne Shire Council

·      The Insurance Company has received a notice to please explain progress. The Insurance Company forwarded this on to the architect. The project has been dealt with as expeditiously as possible. There was a delay caused when the Structural engineer was hospitalised. Council and the tenant have been kept informed on a monthly basis.

 

4.0        Site: Canowindra Swimming Pool, Canowindra

Cnr. Gaskill and Tilga Streets, Canowindra

Application lodged by Cabonne Council

Attention: Heather & Amanda

 

Significance: The site is listed as an item of heritage significance on the State Heritage Inventory. It is not listed as a heritage item on the LEP

 

·      The site has historic significance as a memorial to Charles M. Carron with a dedication on the main entrance.

·      It is likely that the Baths were built in the lead up to the 1956 Melbourne Olympic Games following a pattern around Australia at this time.

·      The site has social significance for the local community having provided a valuable amenity since opening.

·      The functional buildings have retained their character despite successive improvements and the site is prominent in the streetscape located at the main southern entry to the town.

 

Condition

·      The entry kiosk is the prominent structure being located near the street corner. The single storey pavilion has a flat concrete slab roof with short eave and is located at the end of a curved 40m concrete path from the corner and a single flight of steps from parking in Tilga Street

 

Proposal

·      All the existing buildings, structures and pool are to be demolished with the exception of the entry pavilion;

·      The existing amenities block is located on a lower level south of the pool deck and has recently been refurbished. The Club Room with Plant Room are to be refurbished and new skillion roofs provided.

·      The entry pavilion is to have the eave of the roof slab cut off and a new skillion roof placed on top of the existing.

·      New mass planting is proposed on the south western front corner of the site.

·      New trees are proposed to the rear and eastern portion of the site.

 

Comments

·      The expressed flat roof of the Pavilion building is a visually important element of the building and the appearance in the streetscape and part of the historic character and therefore significance.

·      It may be that the roof is failing and that it needs to be replaced. Based on a site inspection there definitely appear to be leaks through the slab via the electrical conduit which runs across the external surface of the roof and down to each of the fittings. This is not a safe or best practice situation. The skillion roof appears to be part of a strategy to give all the buildings a new and similar appearance.

 

Recommendations

·      The preferred strategy in relation to the heritage significance of the site would be for the roof of the entry pavilion to retain a flat appearance. This could be achieved by replacing the electrical system so that it rns internally and then refurbishing the existing concrete slab roof by stopping up the penetrations or by re-routing the electrical as above and covering the existing slab with a new minimum pitch steel deck with steel angles as fascias to finish the outer vertical faces of the deck recessed a nominal 50mm from the edges of the roof slab. These solutions should provide a substantial saving on the current design as no demolition would be required and no vertical cladding for a skillion is needed. It appears that the electrical system does not meet Code requirements and requires replacement in any event.

·      The existing and original Plant room appears to be redundant. It is a substantial structure and occupies a dominant location at the end of the pool area. The current proposal offers the space as a marshalling and multi-purpose area and this appears a good concept and adaptive re-use.

·      The Entry Pavilion could do with a colour scheme which suits the design and period. The following is recommended for consideration:

The walls to be Dulux Lime white

The window frames to be Royal Blue

The lettering to be Royal Blue with the aluminium rails to be lime White to blend in with the walls

The main entry Roller Shutter to be Royal Blue

The roof slab and fascia details to be Royal Blue

The eave soffit of the slab to be Silver Grey

 

 

5.0        Connelly’s Store, Bank Street, Molong

Contact: Wayne Wilson Tel. 0439 103 864

Attention: Heather and Wayne Wilson

.

Significance

·      The site is within the Bank Street Conservation Area

·      The site is a listed Heritage item and has Historic, Association, Aesthetic and social significance

 

Issues

·      The cement based render which provides a weatherproof cover to the complex corbelled brickwork on the parapet has become loose with weather and the outer pieces have fallen from the parapet on to the footpath. The brickwork appears sound at least from a ground level inspection.

·      The verandah beam and post at the lower end has either dropped or the ground has subsided resulting in the outer face of the beam and gutter not being level;

·      The central two rafters supporting the roof sheets have been notched some 50mm during construction to accommodate the purlins thus reducing their load bearing capacity significantly. Odd repairs using steel angles and plates can be seen from previous ad-hoc repairs. In addition several timber members are showing signs of damage and splitting.

 

Recommendations

·      Jack the dropped end post up to reach line and level and insert a timber block into the steel stirrup to fill the gap. Skew fix as required to secure the post to the block. The base of the post may require trimming to remove worn and rotted material. Thoroughly paint prime each of the surfaces prior to fixing

·      Acrow prop the structure. Remove the roof sheeting and flashings etc

·      Remove the two central rafters and replace with new cypress equal to 200x75mm F7 and chamfered to match the existing. Re-use the existing purlins and skew fix into the rafters.

·      Refix the roofing and flashings using traditional capped galvanised roof fixings

·      Re-fit the gutter and downpipe

·      Check and fix as required the side weatherboards and the fixings on the two end rafters

·      New rafters and existing support timbers to be painted Dulux Sage Green.

 

 

 

 

6.0        Canowindra Retail premises – former Bendy Street Emporium proposed Hairdressing Salon

Attention: Kate

The existing building is located within the Gaskill Street Conservation Area. It also has retained substantial original fabric within the shopfront and facade and therefore has a high level of heritage significance.

 

It is desirable to achieve compliance with the access code when possible. N this particular situation there appears to be a nominal 40-45mm step from the footpath up to the tiled entrance and then another 40-45mm step up on to the marble threshold.

 

Subject to confirmation by Council’s Health and Building Surveyor, these levels could be overcome with a step ramp in each situation. These are normally fabricated from a steel plate with a non-slip finish such as the pavement paint product in Dulux Lead Colour. The use of chequer plate is possible but the non-slip paint finish probably gives a better overall finish and particularly when wet.

 

For fixing to the marble the use of two or three steel dowels fixed to the steel and then epoxy glued into the appropriate holes drilled into the base material. For the outer plate which will be fitted over the bitumen footpath area the ends of the plate will need triangular plates to create a hipped end thus reducing the risk of producing a trip hazard.

 

The other option would be for Council to provide or approve the minor raising of the footpath in the vicinity using a bitumen finish to match the existing footpath. The additional layer would rise up each of the threshold to meet the floor level of the entry apron.

 

 

7.0        Susan Wild Pharmacy, Molong

 

Attention: Kate – make contact with Sue via email molongpharmacy@bigpond.com

 

Significance

The site is within the Gaskill Street Conservation Area and any proposal needs to be consistent with the heritage character of the streetscape.

The building has been modified a number of times including the entry door set which is aluminium framed in manor red colours.

 

Proposal

The following may not be accurate but is what appears in the submitted DA Graphic presentation:

 

Replace timber framed plate glass shopfront window with three pane aluminium Manor Red colour shopfront

Paint all walls Red Maple

Paint hamper sign panel and Awning fascia Dulux Chocolate

Awning soffit Chocolate

 

Comments

Buildings from this period generally use stone colours rather than Red which was reserved for earlier buildings in Brick. David has been unable to locate the proposed wall colour on the Dulux website. The word Elite does not return any colours or references;

Areas on facades with roughcast render such as in the wall above the awning were generally painted in a Pale stone or Cream

 

The use of aluminium shopfronts is generally not supported in the Conservation Area where each building is assessed on the age, character and merit of the design. It is appreciated that this building has been altered at the ground floor level with the replacement shopfront and this may or may not have been carried out with Council consent in relation to the heritage controls.

 

The areas above the awning retain their original character and integrity. The issue of the plate glass not being laminated or toughened is appreciated. The issues have been discussed with Sue wild and she has offered to further consult with the designer.

 

The proposed signs and colours are fine and should suit the fascia.

 

It is noted that the base of the building has a wearing course line below the shopfront sill line. It may be useful to use a darker shade on this area to provide character and a better hiding quality.

 

While the drawing shows panels in timber beneath the shopfront it is understood that this is no longer proposed.

 

Recommendations

·      The wall colour above the awning to be Maple Ridge

·      The string course and protruding details on the upper facade to be double strength Maple Ridge

·      The awning to be Chocolate with signs as shown including a Cream or similar border frame detail

·      The new shopfront to be powder-coated Manor Red as shown on the graphics

·      The plinth or building base up to the sill to be double strength Maple Ridge

·      The soffit of the awning to be Pale Vellum

·      The suspension rods to be Lead Colour

·      The suspended light box is to have the panels replaced to reflect the new sign graphics.

 

8.0        Cumnock Church

Significance: The church is a listed Heritage item on the LEP

 

Proposal: A DA has been received for locating a container to the rear of the church

 

 

Front elevation showing cracking and missing glazing

 

 

Foundation stone

 

 

Side elevation showing untreated rust on roof sheets

 

 

View through to peppercorn tree

 

Comments:

The Advisor has met the owners previously and advised on restoration and adaptive re-use of the site and building.

 

A site inspection reveals that no progress has been made on the heritage building. The site and building continues to decay slowly.

 

The location of the container is acceptable in relation to the heritage significance of the site subject to the following:

·      The container is either a dark red such as Dulux manor red or dark Grey such as Lead colour;

·      The container is located clear of the outer reach of the branches of the peppercorn tree so that the tree is protected

·      An additional 3 suitable native screening trees 6-8m mature height are planted opposite the container on the side boundary to protect views to and from;

·      The approval for the container is a temporary consent  limited to 5years after which it should be removed from the site so as to protect the significance and  general amenity.

 

 

9.0        Retail premises – Western Stores, 21 – 23 Bank Street, Molong

 

Attention: Heather and Amanda

·      A request has been put to the Molong Museum for early photos as these should form the basis for a colour scheme – no response has been received;

·      Missing tiles need to be replaced with matching tiles available from Obsolete Tiles Tel. 02 9534 6308– Price Tiles tel. 02 95606022 or Santa Maria Tiles

·     

The soffit/Ceiling is hazardous having dropped after separating from the battens due to water damage and needs to be restored and re-fitted after the leaks have been stopped. Check the gutter and drainage as this may be the cause of the damage.

 

The end panel on the wall shown above needs to be clad in fibre-cement sheet with mouldings to the joints to match the other panels.

 

 

The central column should be clad either in black colourback glass or mirror. Both are traditional.

 

The pier needs to be clad in fibre cement sheet with perimeter mouldings to match the existing. The Monel shopfront trim mouldings are available from Modclad 02 9789066

 

 

This short term temporary steel post is to be removed after remedial structural repairs are completed to the awning structure, drainage and suspension rods. It presents a hazard to pedestrians, vehicles and the structure – were it hit by a vehicle it could pull down the structure and the masonry facade.

 

 

Remove redundant sign fixings and make good the awning face prior to painting. Relocate the lights so that they are evenly spaced along the length of the awning soffit – adding extra as required to ensure an even level of illumination.

 

 

The general shopfront – a very impressive glazed facade. Colours to be advised for the overhead hamper panel area, the soffit and wall panels. Patch and clean the black ceramic tiles.

 

 

Restore the edge trim to the awning face

 

Upon completion of quotes, an application should be made to council for funding support from the Local Heritage Fund.

 

 

The steel post supporting the awning at the outer edge is presumed to be a temporary prop. The awning is suspended using rods at a nominal 3600mm centres. The masonry facade is showing substantial vertical cracks while the return wing walls also show cracking along the stress lines. The downpipes serving the awning appear to be concealed in the piers while the rainwater heads at the ends of the awning indicate that the awning also collects water from other roofs.

 

A structural Engineering report is required on the problems with the structure, drainage and what works are required to repair the awning and allow the prop to be removed. Consult Anton Lynar or another unless advice has already been obtained. Tel. 0263 625 551

 

The Colour Scheme

The existing pale green colour scheme is unlikely to be based on paint scrapings, early photos but of course it may be.

 

The streamlined style of the building was intended to be strikingly modern and in the standard off white of the day. This is to be emphasised by the expensive and beautiful metal framed shopfronts and colour back glass. The shopfronts in black and white were also used in the Wellington Store and there are also some in Canowindra.

 

Dulux Lime White is the recommended colour with Pascol Aircraft Grey to be used on the lettering and raised elements which are currently green

 

Please enquire at the Historical Society to obtain copies of early street photos to illustrate the building.

 

The awning faces to be standard Black and the awning soffit to be Dulux Pale Vellum.

 

The wall panels above the shopfronts to be Aircraft Grey

 

 

10.0      Gaskill Street Awning Strategy

In view of the range of issues relating to cantilevered and suspended awnings, such as is evident with the western Stores Building an audit is recommended. The audit should cover the structural support systems, the adequacy of the vertical masonry, the awning sheeting, the soffit sheeting and the drainage – gutters and downpipes.

 

For buildings which are not adequate, a range of solutions should be specified which are consistent with the design integrity of the awning type and the building. For example the addition of columns to support awnings originally designed to be column free will not be acceptable.

 

11.0      The next visit is Tuesday April 8th, 2013

 

 


 

12.0      Annual Heritage Strategy checklist

 

1

Heritage Committee

Advice to Council

1

7

 

 

 

Consultant Directory

 

 

 

 

 

Services & trades Directory

 

 

 

2

Heritage Study

Aboriginal Study

 

 

 

 

 

Statements of significance

 

 

 

3

Heritage Advice

Site visits

6

23

 

 

 

Heritage advice

8

29

 

 

 

Urban design advice

 

3

 

 

 

Pre-DA advice

 

1

 

 

 

Advice on DA's

2

9

 

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

 

 

 

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

 

 

 

Works budgets

 

1

 

9

Sustainability

Adaptive re-use

 

 

 

 

 

Restoration

 

1

 

 

 

Reinstatement

 

 

 

 

 

Landscape

 

 

 

 

 

Water

 

 

 

 

David Scobie         RAI