Agenda of Environmental Services and Sustainability Committee Meeting

ITEM 1 - APPLICATIONS FOR LEAVE OF ABSENCE

REPORT IN BRIEF

Reason For Report	To allow tendering of apologies for Councillors not present.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.1.g - Code of Meeting Practice adopted and implemented.
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - COUNCILLORS LEAVE OF ABSENCE - 500116

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.g - Code of Meeting Practice adopted and implemented.
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - COUNCILLORS DECLARATION OF INTEREST - 500118

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.g - Code of Meeting Practice adopted and implemented.
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - COUNCILLORS DECLARATION OF POLITICAL DONATIONS - 500119

Recommendation

THAT any Political Donations be noted.

General Manager's REPORT

A call for Declarations of any Political Donations.

ITEM 4 - DRAFT SWIMMING POOL INSPECTION PROGRAM

REPORT IN BRIEF

Reason For Report	Request council endorsement of the draft document and approval to publically exhibit the draft for public comment
Policy Implications	Introduction of a new policy as required by state legislation to establish a regime for inspection of private swimming pools
Budget Implications	Nil
IPR Linkage	4.5.3.g - Develop Council and Community program to promote compliance with Swimming Pool Act and Regulations
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\PUBLIC HEALTH\MONITORING\SWIMMING POOLS - 507960

Recommendation

THAT:

1. Council endorse the public exhibition of the Draft Swimming Pools Inspection Program for a period of 28 days, and

2. A report be provided to council at the conclusion of the exhibition period.

Director of Environmental Services' REPORT

During 2012 the NSW government carried out a comprehensive review of the Swimming Pools Act 1992 and identified a number of changes required to the Act aimed at increasing the safety of young children around private swimming pools. The aim is to promote swimming pool safety and ensure compliance with pool barrier legislation. Local councils will have a significant role in carrying out the new regime of inspections as well as promoting pool safety. The overall aim of the new legislation is to reduce the incidence of drowning and near-drowning.

The Swimming Pools Amendment Act 2012 came into effect on 29 October 2012 and established a framework for the introduction of reform. This included a requirement for land owners to register pools on a State wide data base, and for Local Government to develop an inspection program for swimming pools in consultation with the community.

Further provisions come into force in April 2014 including a requirement that any property with a swimming pool that is for sale or lease must obtain a Swimming Pool Compliance Certificate before it is sold or leased. The certification may be issued by either council or a private certifier. Councils will be required to report annually on the number of swimming pool inspections carried out and the level of compliance.

The time frame given under the amending legislation requires as follows:

· 29 April – 29 October 2013 - swimming pool owners must register their swimming pools on an online register provided by the NSW State Government. Pool owners should complete a self evaluation of their pool and its compliance with the Australian Standard. (It is an offence to fail to register a pool with penalties applying from $220 to $2,200). It should be noted that pool owners may also contact council and Environmental Services staff can electronically lodge the registration on their behalf.

· 29 October 2013 – councils to develop an inspections program in consultation with the community

· 29 April 2014 – council inspections of swimming pools within tourist, visitor and multi occupancy developments must have commenced as part of the inspection program.

· 29 April 2014 – Owners of properties with swimming pools for sale or lease must obtain a Swimming Pool Compliance Certificate prior to the sale or lease of the property. Certificates will be valid for 3 years

· Annual reporting of swimming pool inspections undertaken and level of compliance.

A draft Swimming Pool Inspection Program has been prepared. (Copy attached)

The draft inspection program establishes two stages of implementation and aims to identify non-compliant pools, ensure adequate upgrade and promote community awareness of pool safety.

Stage 1 inspections will be carried out where:

· A complaint has been received concerning a non compliant swimming pool,

· A request for a Swimming Pool Certificate of Compliance has been received,

· The premises is used for tourist and visitor accommodation ie a motel

Stage 2 inspections will, subject to resources available to council, identify high risk swimming pools using the Swimming Pool Register. High risk pools are likely to include

· Older style pools that may require upgrade to barrier fences

· Pools on rural or rural-residential properties that were installed without a barrier (being compliant at the time of installation)

· Pools not inspected within the previous 5 years

The draft Swimming Pool Inspection Program must be publically exhibited and community comment sought prior to council’s review and adoption of the policy. Immediate exhibition of the program is proposed to facilitate the process.

ITEM 5 - MOLONG LEASH FREE AREA

REPORT IN BRIEF

Reason For Report	To formalise a leash free area in Molong
Policy Implications	NIL
Budget Implications	NIL
IPR Linkage	1.5.3.d - Administer statutory requirements (Companion Animals Act & Impounding Act) in accordance with community needs
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\ENVIRONMENTAL MANAGEMENT\ANIMAL WELFARE\COMPANION ANIMALS - DOGS and CATS - 507696

Recommendation

THAT Council declare Option 3 - the Rest Area off the Mitchell Highway beside Molong Creek in Molong, as an off leash dog area with appropriate restrictions to be enforced.

Senior Environmental Services Officer's REPORT

The Companion Animals Act (Part 3, Division 1 (6)) states 'there must at all times be at least one public place in the area of a local authority that is an off-leash area'.

Currently there are no formal off-leash areas in Cabonne Council. Environmental Services have had to deal with a number of enquiries in relation to off leash areas, with the current response limited to “these areas are under review”.

Environmental Services have been working with Town Maintenance and the Ranger to come up with sites which may be suitable for off leash areas in and around Molong.

The aim is to formalise at least one leash-free area in Molong, and subsequently complete a review of Canowindra with the view to provide an off-leash area in both towns. If there is sufficient community interest Council could look into providing these facilities in other towns.

This document provides options for leash free areas in Molong. Sites are not required to be fenced under the Act, however fencing has been assessed as part of this document. Favourable sites would be those that are easily accessible, include shade and water, and are not too close to children’s play equipment.

OPTIONS FOR LEASH FREE AREAS

1. Molong Recreation Ground, Hill St Molong, South-eastern side of the ground

Owner: Crown lands (Cabonne Council trustee)

Size of proposed off leash area: 0.37ha

Approval Requirements: Subject to an Aboriginal lands claim and therefore requires approval. Fencing >1.2m does not require DA approval.

Advantages:

a. There is a small shaded area in the south-eastern side of the Molong recreation ground which already offers shade and seating for an off leash area.

b. The site is easily accessible for residents and visitors to the town.

c. The site is fenced from the road and the remainder of the site is surrounded by a rail fence which may be enclosed to restrict dogs from exiting the site if required.

d. Garbage bins are located on site.

Disadvantages/Requirements:

a. Site is alongside oval used for many sporting events.

b. Kids play area is located at the opposite end of the park.

c. May need to restrict times of operation as an off leash area so as not to coincide with sporting and other events.

d. Signage and water/bowl is also required.

Map of the Site:

8026133

Photos of the Site:

Entrance to the recreation ground – south eastern side.

View of the proposed site from Hill St. Show’s part of fence already enclosed.

Shows rail fence on the left and enclosed fence along Hill St on the right.

Enclosed fence on left and rail fence on right. Bollards between two fences could be fenced if required.

Seating and shade trees already available. BBQ facility present.

Entrance to Recreation Ground on right, rail fence could be enclosed if required.

2. Marsden St Molong, Next to Hunter Caldwell Park and Molong Creek

The Proposed site is located beside Molong Creek, west of the tennis courts at Hunter Caldwell Park

Owner /Status: Road Reserve

Size of proposed off leash area: 0.12ha (~60x25m)

Approval Requirements: May be ancillary to existing use as a park.

Advantages:

a. The site, although furthest from the centre of town, is easily accessible for residents and visitors to the town.

b. The site has some shade trees, which provide afternoon shade across the area.

c. Running water is available at the site

d. A toilet is also located at the site, however may not be in working order.

Disadvantages/Requirements:

a. Site is alongside oval/tennis courts used for sporting events, therefore times for access to the off-leash area may need to be restricted.

b. The site cannot be fenced as it is in a flood prone area along the creek.

c. Signage/dog bowl is required.

d. No rubbish bins are located at the proposed site.

Map of the Site:

5995149

Photos of Site:

Looking towards Marsden St. Molong Creek to the right, water/toilet located off picture to the left under trees.

Water tap located beside toilet block.

Veiw from Marsden St, creek on left.

3. Rest Area off Mitchell Hwy, beside the Molong Creek.

The Proposed site is located at the rest area off the Mitchell Highway on Marsden St, beside the Molong Creek, south of the area proposed in option 2.

Owner/ Status: Title search shows owned by Country Rail, maintained by Council.

Size of proposed off leash area: 0.48ha

Approval Requirements: Ancillary to existing use as a public park.

Advantages:

a. The site is not located beside any children’s play or sporting areas.

b. The site is easily accessible for residents and visitors to the town.

c. The site is accessible over the rail bridge to the Watson Street walking track.

d. The site has some small shade trees and shaded seating for visitors.

e. A toilet block and lighting is also located at the site.

f. Rubbish bins are available on site.

Disadvantages/Requirements:

a. The site cannot be fenced as it is in a flood prone area along the creek.

b. An outdoor tap/bowl would need to be provided for dog drinking water access.

c. Signage is required.

Map of the Site:

8712223

Photos of the Site:

Bins and shaded seating available, Marsden St runs to the left, Molong Creek on the right.

Looking towards Marsden Street –forming the boundary of the proposed area with Molong Ck.

Some shade trees available, plenty of space.

4. Crown land, Wellington St.

The proposed site is located on crown land alongside Wellington St. The block is vacant consisting of remnant vegetation. The site is currently not being used for business/grazing purposes.

Owner: Crown lands

Size of proposed off leash area: 0.25ha (~80mx30m) *site could be expanded

Approval Requirements: Subject to an Aboriginal lands claim and therefore requires approval.

Advantages:

a. The site is not located beside any children’s play or sporting areas.

b. The site is large with some mature trees/shrubs providing shade

Disadvantages/Requirements:

a. The site is remote from public areas and isolated from much of the town.

b. Fencing condition is poor and may need to be replaced.

c. The site is located along Wellington St, which is a high traffic area

d. Currently there is no access to the site, road entry/exit ways and parking would need to be provided.

e. The site requires clearing and maintenance.

f. Signage / rubbish bins / seating / water are required.

Map of the Site:

7387007

Photos of the Site:

Fencing needs upgrading

Formal roads/parking required

Boundary fencing needs replacement/formalisation.

5. Philpott's Park, Corner of Park and Phillip Streets

The proposed site is located on Council land on the corner of Park and Phillip Streets. The block is a vacant park with no children’s play facilities.

Owner /Status: Council / Vacant Land

Size of proposed off leash area: 0.14ha (~25mx55m)

Approval Requirements: May be ancillary to existing use as a park.

Advantages:

a. The site is not located beside any children’s play or sporting areas.

b. The site is easily accessible for residents and visitors to the town.

c. The site contains many mature trees providing shade

Disadvantages/Requirements:

a. The site is near Molong Central School.

b. The site is not currently fenced.

c. Site is in close proximity to dwellings.

d. Signage / rubbish bins / seating / water are required.

Map of the Site:

2459982

Photos of the Site:

Cnr of Park and Phillip St overlooking proposed area

View from Phillip St

View from Phillip St. plenty of shade available

6. Crown land, Phillip St.

The proposed site is located on crown land alongside Phillip St opposite Molong Central School. The block is vacant consisting of remnant vegetation. The immediate site currently contains Council’s pound, the rest of the site has been recently leased for grazing purposes. The site slopes towards a gully to the west which drains through the property.

Owner: Crown lands

Size of proposed off leash area: 0.36ha, (~115m x 30m) *site could be expanded

Approval Requirements: Subject to an Aboriginal lands claim and therefore requires approval, may need DA approval.

Advantages:

a. The site is easily accessible for residents and visitors to the town.

b. The site is contains many mature trees providing shade

c. The site is currently used as a drop off facility for Council’s Pound.

d. Water is available on site.

Disadvantages/Requirements:

a. The site is currently leased for grazing.

b. The site is opposite Molong Central School.

c. Fencing on the site is poor and requires upgrade.

d. Car parking may be an issue during school hours, especially pick up and drop off times.

e. The area requires clearing and maintenance

f. Gully running through the south west corner will need to be considered when fencing etc.

g. Close proximity to dwellings.

h. Signage / rubbish bins / seating are required.

Map of the Site:

9551250

Photos of the Site:

Existing pound facilities – Dog/Cat cages

Existing pound Facilities – cattle yards

Fencing needs replacement and tree maintenance required

Upgrade fencing/entrance to site, weed control

View from Phillip St, southern boundary.

Old toilet facilities require removal

7. Crown land, Smith St.

The proposed site is located on crown land alongside Smith St. The block is vacant consisting of remnant vegetation. The site currently is not being used for any other business/grazing purposes. The site surface is uneven due to gullies running through the property.

Owner: Crown lands

Size of proposed off leash area: 0.24ha, (~80m x 30m) *site could be expanded

Approval Requirements: Subject to an aboriginal lands claim and therefore requires approval.

Advantages:

a. The site is not located beside any children’s play or sporting areas.

b. The site contains many mature trees providing shade

Dis-advantages/Requirements:

a. The site is remote from public areas and isolated from much of the town.

b. Fencing on the site is poor and requires upgrade.

c. Access and parking at site is poor.

d. The area requires clearing and tree maintenance.

e. Signage / rubbish bins / water / seating are required.

Map of the Site:

146222

Photos of the Site:

Plenty of shade available, clean up required.

Fencing/entrance requires upgrade.

View from Cnr of Smith and George St.

8. Molong Golf Club Showground, Euchareena Rd.

The proposed site is located approximately 2 kilometres from Molong on the Euchareena Road. The property is currently operated year round as a golf course, and is also used for the annual agricultural show and as a camping site for other events such as the dog trials.

Owner / Status: Molong Showgrounds Trustee

Size of proposed off leash area: property ~32ha, an off-leash area may need to be nominated within the property.

Approval Requirements: Need approval from trustees and the Dept of Lands. May require a DA as the current use as a golf course would need to be altered.

Advantages:

a. The site is not located beside any children’s play or sporting areas.

b. The site is large and due to its distance from town would not require fencing

c. Water is available on site

Dis-advantages/Requirements:

a. The site is 2 km from town, not easily accessible for residents or visitors to the town.

b. The site adjoins a 73 lot rural residential development.

c. Fencing – if required is not adequate and requires upgrade.

d. The area is not operated/maintained by Council

e. Signage / rubbish bins / seating are required.

Map of the Site:

4122304

Photos of the site:

Entrance to the property

Camping sites which provide water and electricity

Possible area which could be nominated as off leash area

Possible area which could be nominated as off leash area (as above)

CONCLUSION

Many of the areas reviewed in this document would be suitable to be nominated as off leash dog areas with varying degrees of upgrade to facilities required. Council should also note that many residents already unofficially use most of the Council maintained sites listed above as off leash dog areas.

Taking into consideration current site maintenance, facilities and location it is recommended that option 3 (Rest Area off Mitchell Hwy, beside the Molong Creek) be nominated as the official off-leash dog area in Molong with appropriate restrictions to be enforced as required.

ITEM 6 - HERITAGE GRANTS 2013/14 PROGRAM

REPORT IN BRIEF

Reason For Report	Seeking Council approval for funding allocation.
Policy Implications	Nil
Budget Implications	In accordance with budget
IPR Linkage	4.3 Continue to implement the Heritage Program.
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GRANTS AND SUBSIDIES\PROGRAMS\HERITAGE GRANTS 2013 - 507300

Recommendation

THAT the application be supported and that a funding offer of $1,000 be made to Mr Darren Smith for the repainting of the façade of the building known as 54 Bank Street, Molong.

Director of Environmental Services' REPORT

Bakery Building – 54 Bank Street, Molong

Council has received an application for the external repainting of the bakery building, 54 Bank Street, Molong. As the committee will be aware the site has recently been the subject of works for reinstating the front verandah.

The subject of the Application is the painting of the two existing shop fronts, above the awning at the front of the building, the entrance to the flat and the remainder of the building exterior.

Mr Smith is seeking a grant of $1,000 to repaint the exterior façade using the colour scheme recommended by council’s heritage advisor.

The heritage advisor has reviewed the application and is in support of the project on the condition that the colour scheme advice provided by the heritage advisor is utilised or any variations discussed prior to completion. It is recommended that the application be supported and that a funding offer of $1,000 be made to Mr Darren Smith for the repainting of the façade of the bakery building, known as 54 Bank Street, Molong.

ITEM 7 - 2014 REGIONAL PARTNERSHIPS PROGRAM

REPORT IN BRIEF

Reason For Report	To inform council and seek approval to provide letter of support
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.2.1.d - Participate in Regional Museum program and sustainable collections program
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GRANTS AND SUBSIDIES\PROGRAMS\HERITAGE GRANTS 2013 - 508788

Recommendation

THAT:

1. A letter of support be provided to Orange City Council for the Villages of the Heart project, and

2. Orange City Council be requested to provide regular updates to Cabonne and Blayney councils on the program.

Director of Environmental Services' REPORT

Council has been asked to provide a letter of support to Orange City Council for its 2014 Regional Partnerships program to implement a project entitled “Villages of the Heart”. The program sought a grant of $140,000 from Arts NSW. The estimated cost of the project is $202,000. The project is to run from March 2014 to December 2014 and builds upon the regional collaborative Sustainable Collections Program.

From information provided to Cabonne Council the project is described as follows:

‘Villages of the Heart; telling rural village stories’ will focus on villages in the Orange, Cabonne and Blayney Local Government Areas. The aim of the project is to capture treasured stories through oral history and shared knowledge, linking past and present, people, events and stories with the villages.

We all have special places that help us form memories that make us who we are. There are people who we know are the embodiment of a place and time and are the ‘treasure troves’ of our community. Your Village of the Heart may be a special place, or an existing village such as Molong, Carcoar or Blayney or a lost village such as Cadia, Byng or Guyong. Stories may be connected to particular cultures or experiences and places, significant Wiradjuri sites, places of worship, stockyards, schools, community halls, post office, police stations and courthouses, Cobb & Co Offices, train stations, hotels, and corner shops or something entirely different.

Stage 1, will be a thematic research project, designed to capture and document community stories (including some untold) from the rural villages across central NSW. These will include Aboriginal stories from the local Wiradjuri people and from other resettled groups. Stories will focus on those emanating from civic meeting places located in the rural villages. Stories will include those representing whole communities from children to the elderly e.g. Aboriginal citizens, long-term residents, young people and migrants. The project will aim to build stronger community connections and attachments to place through the process of sharing stories and building a deeper understanding of the historic roots of villages. Young people (in local schools) will document the stories of older residents (who may be members of Historical societies) to tell their own stories.’

It is understood that Cabonne and Blayney councils are identified as part of the project area, however no additional funds are required of either council to contribute to the project. Funds already contributed in past years to the Sustainable Collections Program will be utilized to deliver the project.

A letter of support is sought by Orange City Council as it develops the second stage of the project. An extract from the grant application for the project is attached for the information of the council.

‘Orange City Council (OCC) as part of the Blayney, Cabonne and Orange Regional Sustainable Collections Program (SCP) is developing a major project, Villages of the Heart, which will empower and assist rural village communities in Central NSW to tell their own stories.

Villages of the Heart will be the first exhibition in the temporary exhibition space of the new Orange Regional Museum and will also include satellite exhibitions in the village museums, promotional/educational DVD, exhibition catalogue web site materials, commissioned art works, a book/catalogue publication, village driving tour, educational activities. This regional museums

partnerships project has been designed around the themes of village secrets, produce, places, gold and lost villages.

The Villages of the Heart are the thirty historic villages within the Central West Region, which covers the Blayney, Orange and Cabonne Local Government Areas. In this project, towns, villages, past residential localities and lost villages will all be defined as `villages. Lost villages are those which no longer exist but remain in the hearts and heritage of the region, e.g. Cadia, Byng, Guyong, Ophir and Kerrs Creek. Using the exhibition in the new space as the centrepiece, citizens and visitors will be encouraged to explore the villages, including the twelve museums scattered across the region which will host their own satellite (sic) displays and activities, showcasing their `Village of the Heart.

An arts consultant will be engaged to: document existing art works, identify participating regional artists and write the briefs for commissioned works. Five local artists will be engaged to develop detailed proposals. A filmmaker will be engaged to work with local young people, creating workshops in which the young people of the region will create films recording oral histories and stories told by local residents, including elderly people and Aboriginal elders.

Arts projects of all disciplines may be included in the main and satellite exhibitions, e.g. sculpture, painting, photography, film, multimedia, writing, music, dance and performances. Public art commissions for installations in the villages will form an important part of this scope of works.

The arts consultant, local artists and filmmaker will work closely with village communities, social researchers, historians, and the Director of the Regional Art Gallery, Library and Theatre. Wiradjuri Elders have been consulted in the development of this project and will guide the consultant in the Aboriginal arts component of the exhibitions. The project will result in the exhibition in the Orange Regional Museum and satellite exhibitions in the village museums, promotional/educational DVD, exhibition catalogue, website materials, commissioned art works, village driving tour and educational activities. A partnership with Sydney Living Museums has been established to encourage cultural tourism and links with Sydney cultural institutions.

The legacy of the project will; contribute to raising the profiles of regional artists and their work, create employment opportunities, build stronger communities and a greater valuing of rural communities and their contribution to the cultural wealth of the nation. In a time when rural communities are diminishing, this project will contribute to their sustainable future through cultural tourism.

Outline the anticipated artists and key personnel who will participate in the project.

Five regional artists, at least one of which will be a Wiradjiri (sic) artist, will work closely with village communities, an arts consultant, Wiradjuri Elders, and the Directors of the Regional Art Gallery, Library and Theatre. An Arts Consultant will document existing art works, identify participating regional artists and write

the briefs for commissioned works, and will work closely with a social history researcher, village communities, artists, Wiradjuri Elders, and the Directors of the Regional Art Gallery, Library and Theatre. A Filmmaker will work with young people, training and empowering them to create visual documentation of the oral histories of the region, through interviews with local residents of all ages and cultural backgrounds.

The project will be managed by Dr Kirsten Davies, Museum Adviser, and Alison Russell, Museum and Heritage Co-ordinator for Orange City Council.’

ITEM 8 - DA 2012/171 3 LOT INDUSTRIAL SUBDIVISION AND CONSTRUCTION OF INDUSTRIAL BUILDINGS AND ANCILLARY DWELLING ON LOT 173 DP 750133, BANJO PATERSON WAY, MOLONG

REPORT IN BRIEF

Reason For Report	To be determined by the Committee due to the number of submissions received raising concerns regarding the proposed development.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.3.a Provide efficient and effective development assessment
Annexures	Nil
File Number	\Development Applications\DEVELOPMENT APPLICATION\2012\03-2012-0171 - 489117

Recommendation

THAT Development Application 2012/171 for 3 lot industrial subdivision, construction of 4 industrial sheds for industrial purposes, warehouse and distribution and ancillary dwelling on Lot 173 DP 750133, Banjo Paterson Way, Molong, be refused:-

1. The carrying out of the proposed development on the land to which the development application relates would not be consistent with the following objectives of Zone No 1(a) General Rural:

(a) Protection, enhancing and conserving:

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

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

(i) fragmented and isolated development of rural land

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

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

(b) The council is not satisfied that

(i) The land could not reasonably be used for the purpose of warehouse and distribution on proposed Lot 101 without the erection of the dwelling house

Senior Town Planner's REPORT

ADVISORY NOTES

Record of voting

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

Political Disclosures

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

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

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

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

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

Nil planning application disclosures have been received.

Nil public submission disclosures have been received.

SUMMARY

The following report provides an assessment of the development application submitted for a three (3) lot industrial subdivision, construction of 4 industrial buildings for industrial use and warehouse and an ancillary dwelling on Lot 173 DP 750133, Banjo Paterson Way, Molong.

The application was required to be neighbour notified and advertised in the Central Western Daily for a period of 14 days. A total of six (6) submissions were received during this period raising concerns about noise, light spillage, security, access, safety, vehicle movements, visual impact, pollution, contamination of groundwater and watercourses, loss of rural amenity, fragmentation of rural land, permissibility of the ancillary dwelling.

The application has been referred to the Environmental Services and Sustainability Committee for determination as submissions have been received. The proposal is inconsistent with the Zone No 1(a) General Rural objectives being (a)(i); (b); and (e)(i). The development does not comply with Clause 18(2) of the CLEP 1991 because the dwelling house is not ancillary to the use of the land, and that the Council is not satisfied that the land could not reasonably be used for the purpose of warehouse and distribution on proposed Lot 101 without the erection of the dwelling-house.

It is recommended that the application be refused.

Applicant: Peter Basha Planning and Development

Owner: Davimac Pty Ltd

Proposal: 3 lot industrial subdivision, construction of 4 industrial sheds for industrial use, warehouse and distribution, and ancillary dwelling

Location: Lot 173 DP 750133, Banjo Paterson Way, Molong

Zone: 1(a) General Rural

THE PROPOSAL

The proposed development seeks a three (3) lot subdivision for industrial purposes; construct four (4) industrial buildings for the purposes of industry (ie use being Industry and Warehouse) and an ancillary dwelling.

Lot	Area (ha)	Proposed Use
101	25.3	Warehouse and Distribution for Davimac (Building A) and ancillary dwelling (Manager’s residence)
102	10.03	Construct Building B for use as Industry (Manufacturing)
103	6.55	Construct Building C for use as Industry (Manufacturing)

Proposed staging for the development is as follows:-

Stage	Proposed Development
1	Subdivision to create proposed lots 101, 102, and 103
2	Construct Building A on proposed Lot 101 and construct ancillary dwelling
3	Construct Building B on proposed Lot 102
4	Construct Building C on proposed Lot 103

Aerial view of the site and surrounding locality

Proposed development layout

Building B has a proposed use for Industry that includes the manufacture of farm machinery and implements. Goods produced in Building B will be transferred to the warehouse facility for storage until its distribution. This business currently operates in Molong and employs 7 staff. The relocation proposes a maximum of 20 staff. Proposed hours of operation are:-

Monday-Friday 7:00am to 6:00pm; Saturday 7:00am to 2:00pm with no works taking place on Sunday or public holidays. Projected vehicle movements for Building B includes 40 vehicle movements for staff, 8 vehicle movements for semi-trailers and 16 movements for rigid trucks per day. Onsite carparking will be provided and required to be clearly linemaked to Council requirements.

Building B will have an area of 6638m² (to be constructed in 3 stages) and be constructed of steel frame, colorbond roof and wall sheeting. Building B has a proposed northern boundary setback of approximately 150m; approximately 100m from its eastern boundary and 200m from its southern boundary. Landscaping is proposed along the northern boundary of proposed Lot 102, with additional landscaping in front of Building B and along the boundaries between proposed Lot 102 & 103.

Building C has a proposed use for industry that includes the manufacture of steel buildings for commercial, domestic and rural uses for distribution nationally. This business currently operates in Molong with 8 staff and the relocation out of town proposes to increase staff to a maximum of 30. Proposed hours of operation are Monday to Friday 7:00am to 6:00pm; Saturday 7:00am to 2:00pm with no operation on Sunday or Public Holidays. Vehicle movements for this building include 60 movements per day for staff; 8 movements per day for semi-trailers and 16 movements per day for rigid trucks (which includes deliveries and dispatch). On site car parking for this site will be a minimum of 30 spaces and line marked to Council specifications.

Building C will have an approximate floor area of 6984m² to be constructed of steel frame, colorbond roof and wall sheeting. Building C is setback approximately 80m from the northern boundary (Banjo Paterson Way); 30m from the western boundary and about 74m from Shingle Ridge Creek. Landscaping is proposed along the front boundary of proposed Lot 103, in front of Building C and in close proximity along the lots western boundary.

Building A is to be used for the purposes of warehouse and distribution. It will consist of two (2) separate buildings with a floor area of approximately 495m² per building and will be constructed of steel frame, colorbond roof and wall sheeting. Buildings A are setback approximately 203m from the northern boundary (Banjo Paterson Way) and approximately 235m from its southern boundary. No additional landscaping is proposed around these buildings.

An ancillary dwelling is proposed to be located on the same lot and the warehouses approximately 240m away, with a setback from the front (northern boundary) in excess of 240m. The dwelling is to be ancillary to the warehouse and distribution buildings. The dwelling is a 4 bedroom home constructed of brick, weatherboard infill and colorbond roof sheeting.

Access to proposed lots 102 and 103 will be via a new road to be constructed off Banjo Paterson Way. Proposed Lot 101 will gain access via a right of carriageway burdening Lot 102 with direct access to the dwelling via a new access point off Banjo Paterson Way.

The subject land is unavailable to be connected to either reticulated sewer or water. As such, the provision of water will be via onsite tanks. Additional on-site storage for fire fighting purposes will also be provided.

Effluent disposal will be undertaken via septic tank and on-site disposal in accordance with AS1547:2000. Most flows are anticipated from staff toilets and kitchen facilities. An on-site effluent management study has been undertaken for each proposed lot and proposed use.

Telecommunications and electricity services are available within the locality and will be connected at developer expense.

Site Map

The subject land is located on the southern side of Banjo Paterson Way, approximately 3km to the west of Molong and has an area of approximately 42 hectares. The land is bounded by Shingle Ridge Creek to the east; Banjo Paterson Way to the north; native timber to the west and rural land to the south. The land is vacant of any buildings or structures and consists of land used for grazing purposes. The site is mainly cleared of native timber with small patches of native trees. The predominant vegetative cover is pasture. The subject land is characteristic of surrounding rural properties that has been cleared for agricultural purposes.

Shingle Ridge Creek forms the eastern boundary of the subject site; is a non-perennial tributary that flows into the Molong Creek approximately 2.5km to the north east.

The surrounding development pattern comprises the following:-

· A small rural holding with dwellings to the north on the opposite side of Banjo Paterson Way with dwellings located approximately 105m and 185m for the northern boundary of the subject site.

· Native timber on the land to the east which comprises 3 rural properties.

· Cleared grazing land to the south of the site with the nearest dwelling being approximately 495m from the southern boundary.

· Native forest adjoins the site to the west creating a buffer of approximately 500m between the sites western boundary and rural properties to the west.

Access to the site is via Banjo Paterson Way which is identified as a regional road, consisting of a two-lane bitumen sealed carriageway. The site and surrounding locality is not connected to either reticulated water or sewer. Telecommunications and electricity are available within the locality.

Background

The application was lodged on 18 May 2012 for a 17 lot industrial subdivision, construction of 17 industrial buildings for industrial purposes and an ancillary dwelling. The application was formally advertised and neighbour notified for a period of 14 days. Eleven (11) submissions were received. A letter to the Applicant dated 25 June 2012 summarized the main issues raised in the submissions and requested a response in relation to the issues raised.

A revised application was received in May 2013 for a three (3) lot industrial subdivision, four industrial sheds for industry and warehousing and an ancillary dwelling. The application was re-advertised with six (6) submissions received objecting to the development.

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. Subdivision of land, construction of industrial buildings for industry and warehouse, and ancillary dwelling is permissible within this zone, subject to Council’s development consent.

“Industry” is defined by the Environmental Planning and Assessment Model Provisions 1980 as:-

(a) Any manufacturing process within the meaning of the Factories, Shops and Industries Act 1962, or

(b) The break up or dismantling of any goods or any article for trade or sale or gain or as ancillary to any business,

But does not include an extractive industry.

“Warehouse” means a building or place used for the storage of goods, merchandise or materials pending their sale and distribution to persons engaged in the retail trade.

“Dwelling” means a room or suite or suite of rooms occupied or used or so constructed or adapted as to be capable of being occupied or so used as a separate domicile.

“Dwelling-house” means a building containing 1 but not more than 1 dwelling.

Objectives of the 1(a) General rural zone

The following provides an assessment of the proposal and its relationship with the zone objectives of the 1(a) General Rural zone. Whilst some aspects of the zone objectives are not applicable, the proposal is generally inconsistent with those objectives.

(a) Protecting, enhancing and conserving:

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

The proposal does not meet this aspect of the clause. Whilst the land is currently used for grazing purposes, the proposal is for a use other than agriculture; ie industrial use. As such the site of approximately 42.2ha (subject land) will not be retained for protecting, enhancing and conserving agricultural land. It should be noted however, that the existing area (size) of the holding limits sustained economic viability for the purposes of grazing (existing use). The proposed subdivision of the subject land removes the land from any likely agricultural use.

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

Effluent studies have indicated that all lots are capable of disposing of waste based on number of persons and types of activities. These studies however do no offer any further analysis of the groundwater or impact on watercourses from proposed industrial activities.

(iii) Forests of existing and potential commercial value for timber potential

The site does not represent a source for commercial timber production.

(iv) Valuable deposits of minerals, coal, petroleum and extractive materials controlling the location of development for other purposes in order to ensure the efficient extraction of those deposits

The proposal does not impact upon known resources of minerals or extractive materials and thus would not be directly responsible for limiting mining potential in the area.

(v) Trees and other vegetation in environmentally sensitive areas where the conservation of the vegetation is significant to scenic amenity or natural wildlife habitat or is likely to control land degradation

The site is not identified as an environmentally sensitive area.

(vi) Water resources for use in the public interest

Shingle Ridge Creek is an identified watercourse that runs along the eastern boundary of proposed Lot 103. The surrounding area is rural in land use. The proposed development of industrial sites may impact upon the area and needs to be managed to minimize any potential for impact.

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

The site is not identified as an area for nature conservation.

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

The site does not include any items of environmental heritage nor any known Aboriginal relics.

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

The subject land is identified as Class 3 land by the Agricultural Land Classification (Department of Primary Industries). Class 3 land is identified as grazing land or land well suited to pasture improvement. It may be cultivated or cropped in rotation with sown pasture. The overall production level is moderate due to possible environmental constraints. The site joins native woodland to the east and west which is identified as lower areas of agricultural suitability, that being Class 4 and 5.

As the site has an area of only approximately 42ha, and has predominantly been used for grazing purposes only, the economic viability of this land for agricultural production is questionable. Additional income from other sources or alternate agricultural uses would be needed for economic viability. Despite this, should the application be approved there will be no agricultural use of this land.

(c) Ensuring that any allotment created for intensive agricultural purposes is potentially and physically capable, on its own, of sustaining a range of such purposes or other agricultural purposes as a commercial agricultural operation suitable to the locality

This clause is not applicable as the proposed subdivisions’ intent is not identified for the purposes of intensive agriculture.

(d) Facilitating farm adjustments

The proposal is not facilitating any farm adjustments.

(e) Minimizing the cost to the community of:

(i) Fragmented and isolated development of rural land, and

The site is located approximately 2.5km out of the town centre of Molong. The land is zoned rural (1(a) General rural) and the proposal is for a 3 lot subdivision for the purposes of industry, warehouse and an ancillary dwelling. The proposal will fragment the existing agricultural land and any approval would isolate this development from the Molong town where other industrial businesses are located.

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

The site is not connected to either reticulated sewer or water services. For the site to be connected to such services, rate payers and Council would be required to absorb costs associated with any such extension.

(f) Providing land for future urban development, for rural residential development and for development for other non-agricultural purposes, in accordance with the need for that development

The proposed land uses are for development other than agriculture. The proposed land uses include industry and warehouse and should be noted that they are not prohibited land uses under the rural zone. The need for development is not supported by the strategy (Sub-Regional Rural and Industrial Land Use Strategy 2008), nor is this area identified under the CLEP 2012 for an appropriate industrial zoning. Existing industrial zoned land is available within Molong. The need is identified by the owner for their purposes only in order to expand their existing operations. Whilst the CLEP1991 does not preclude industry in rural zones, the provisions are silent on the integration of such uses in a rural landscape. The scale proposed by the DA was never envisaged by the CLEP as reflected by the zone objectives.

(g) Providing for a range of rural living styles in appropriate locations within the area to which this plan applies

The application is for subdivision for the purposes of industrial type uses. No rural living styles are applicable to the proposal. Whilst an approval for an ancillary dwelling is sought, this dwelling relates to the main purpose of the land (ie warehouse and distribution) and whether the dwelling is required for that land use to take place.

(h) Encouraging the establishment of rural and related industries within the area to which this plan applies

Whilst the proposed businesses are already operating within Molong, both operations are rural and rural related industries and as such does meet this aspect of the set objectives.

Clause 10 - General consideration for development within rural zones

(a) the present and potential use of the land for the purpose of agriculture

Whilst the site is zoned General Rural and is currently used for grazing purposes, should the proposal be approved, the future use and primary use of the land will be for a use other than agriculture. This is not a preferred outcome, and it is best practice to protect and retain agricultural land.

(b) vegetation, timber production, land capability (including soil resources and soil suitability), water resources (including the quality and stability of water courses and ground water storage and riparian rights),

The subject land does not represent a source of timber production, however, the site does border Shingle Ridge Creek and have the potential to impact ground water resources.

(c) the future recovery of known or prospective areas of valuable deposits of minerals, coal, petroleum, sand gravel or other extractive materials,

The proposal does not impact upon known resources of minerals or extractive materials and thus would not be directly responsible for limiting mining potential in the area.

(d) the protection of areas of significance for nature conservation or of high scenic or recreational value, and places and buildings of archaeological or heritage significance, including aboriginal relics and places,

The land is not formally identified as a defined nature/conservation area under the CLEP 1991 and is not identified as having any items of environmental or Aboriginal heritage as per Schedule 5 of the LEP. Despite the land not being formally recognised within the LEP, the area does provide a scenic contribution within the valley with extensive scenic views towards Orange from Banjo Patterson Way including the areas pastoral setting.

It should also be noted that CLEP 1991 whilst not precluding industry in rural zones is silent on the integration of such uses into a rural landscape. The proposed scale of industrial use as posed by the DA was most likely never envisaged by the CLEP as defined by the zone objectives.

(e) the cost of providing, extending and maintaining public amenities and services to the development, and

The site is not connected to either reticulated sewer or water services. Connections outside town areas are not supported by Council policy. The potential for significant costs and recurrent costs to extend and maintain services would be born by Council and the community. The economic viability of considering the extensions of such services for one development is not considered feasible. It should be noted that Council has not, as a part of this DA undertaken the feasibility and costing of such extensions for water and sewer.

(f) future expansion of settlements in the vicinity

The land is not identified within the Cabonne Settlement Strategy for future investigation for future expansion. Under Council’s current LEP (CLEP 2012), the land is zoned RU1 Primary Production.

(g) the development will not have an adverse effect on the long term use, for sustained agricultural production, of any prime crop and pasture land

The proposal does not meet this aspect of the clause. The site is identified as Class 3 land by the Agricultural Land Classification (Department of Primary Industries). Class 3 land is identified as grazing land or land well suited to pasture improvement. It may be cultivated or cropped in rotation with sown pasture. The overall production level is moderate due to possible environmental constraints. The site joins native woodland to the east and west which is identified as lower areas of agricultural suitability, that being Class 4 and 5. Whilst the land is currently used for grazing purposes, (consistent with the land classification) the proposal is for a use other than agriculture; ie industrial use. As such the site of approximately 42.2ha (subject land) will not be retained for protecting, enhancing and conserving agricultural land. It should be noted however, that the area (size) of the holding limits sustained economic viability for the purposes of grazing (existing use).

Clause 11 – Subdivision of land generally

(a) The subject land is zoned 1(a) General Rural and the proposed development for subdivision identifies the primary purpose for each created allotment is for industrial uses.

(b) None of the proposed lots are identified as being for the purpose of agriculture.

(c) The application also proposes an ancillary dwelling (managers residence) on Proposed Lot 101 in association with two new buildings to be utilized for warehouse and distribution. The proposed ancillary dwelling is to be located approximately 240m from the front boundary (Banjo Paterson Way) and approximately 240m to the west of the proposed warehouse and distribution centre.

(d) The site does not contain any existing dwellings.

Clause 15 – Subdivision for other purposes in Zones Nos 1(a) and 7(c)

(a) The site is identified by Agricultural land classification class 3 land

(b) The primary purpose for which each lot is to be created is:-

Proposed Lot 101 – 25.3ha for two (2) industrial sheds for warehouse and distribution and ancillary dwelling

Proposed Lot 102 – 10.03ha for industrial shed of 6638m² in area for purpose of industry

Proposed Lot 103 – 6.55ha for industrial shed of 6984m² for the purpose of industry

2(a)The proposed lots will be used by existing business operations,

Davimac and Tilmac which are currently located within the township of Molong. They provide goods and services that directly benefit those in Molong as well as agricultural/rural users.

(b) Due to the nature of the proposed expansion of the business operations, the applicant has indicated land is limited in Molong and the subject site is the most suitable due to its gentle terrain; reasonable proximity to Molong and accessibility to an arterial road system.

(c) Davimac & Tilmac are existing business operations within the Molong township. They are successful local businesses who wish to expand their operations to which this site offers those opportunities for expansion. The surrounding locality is a mix of rural properties and hobby farm development so any tradeoff is questionable due to the loss of agricultural land and rural amenity by the approval of industrial uses. The creation of these lots renders any further use of the land for agricultural land as impractical.

Proposed Lot 101 is for warehouse & distribution and an ancillary dwelling and as such no goods are produced on site as they are used for storage followed by distribution. The ancillary dwelling and warehouses do not necessarily stop this land parcel from being used for agriculture, although its size will prohibit it from standing alone as economically viable. The other two (2) proposed lots will produce goods however there is no indication or justification that any land will be continued to be used for agriculture.

Clause 18 – Dwelling-houses in Zones Nos 1(a), 1(c) and 7(c)

The applicant proposes to erect a dwelling on proposed Lot 101, and has stated that the dwelling is ancillary to the primary use of the land, that being, a warehouse.

A 100ha standard is generally applicable for the erection of dwellings in the 1(a) General rural zone. However, the LEP permits the erection of dwellings on land less than 100ha in the following circumstances:-

(a) Whole of an existing holding; or

(b) An allotment created for a purpose (other than agriculture) in accordance with the plan; or

(d) The dwelling house is ancillary to the use of the land for another purpose. Council needs to be satisfied that the land could not be used for that primary purpose without the erection of that dwelling house, and that it is located so as to minimize any adverse impact on the use of the land.

Proposed Lot 101 is below 100ha (with an area of 25.3ha), and it is not the whole of an existing holding. As such, the only potential to erect a dwelling on the subject land is if it is ancillary to the approved use of the land; therefore, it is necessary to determine the primary use of the land, and whether the dwelling is justifiably ancillary to that use.

Consent for a dwelling is sought via 18(2)(a) where a dwelling is ancillary to the use of the land for another purpose ie warehouse as proposed.

It is considered that there is not a substantial commitment made to the proposed warehouse and distribution facility to reasonably assure Council that the primary use of the land will not be used as a residential/lifestyle allotment for the owners of the land.

It is considered that the primary purpose of the land would be the dwelling, and that the warehouse is an ancillary component. As such, the dwelling is not permissible on the subject allotment as it does not satisfy the provision for the erection of a dwelling.

Case law suggests that the concept of “ancillary” in planning terms means that the dwelling should be subsidiary or a necessary adjunct to the use of the site ie warehouse.

The clause requires council to be satisfied that the land could not otherwise be reasonably used for the proposed warehouse and distribution centre. There is considered to be insufficient justification provided as a part of the DA as to the ancillary nature of the proposed dwelling. On-site surveillance with the proposed dwelling being approximately 240m away from the warehouse facility is not considered to be sufficient justification to require a dwelling. As such, the land could be reasonably be used for warehouse without a dwelling and therefore does not meet the criterion in cl18(2)(b)(i).

The proposal is not consistent with the provisions of the LEP.

Clause 21 – Development along arterial roads

The proposed development complies with sub clause (2) as the developments’ access to the proposed industrial lots will be at least 90m away from Banjo Paterson Way. The proposed access points and new road have been assessed by the Development Engineer who has included appropriate conditions for road naming, engineering design to Austroad standards, including geotechnical site properties.

Clause 23 – Bushfire hazard

The subject site is identified as being subject to bushfire. An assessment of the proposal is required to determine if development is suitable in relation to adequate provision for access for fire fighting vehicles, adequate safeguards are adopted in the form of fire breaks, reserves and fire radiation zones and that there is adequate water supply available for fire fighting purposes.

The proposal was referred to the NSW RFS for assessment and their requirements are discussed under the Public Consultation section of the report. In addition it should be noted that the development has no ability to connect to reticulated water services and as such will rely upon alternate solutions under the BCA requirements.

Clause 24 – Access

Lots 102 & 103 will gain access via a new road off Banjo Paterson Way. Banjo Paterson Way is an arterial road and as such has been referred to the RMS for assessment. This clause requires Council to give consent for the construction of the proposed road. Assessment has been undertaken by Development Engineering and appropriate conditions imposed for the construction of the proposed road.

Clause 25 – Applications that must be advertised

Under sections 84, 85, 86 and 87(1) of the Act and Schedule 4 of the CLEP 1991, the proposed development is required to be advertised. The amended proposal was advertised in the Central Western Daily for a period of 14 days.

REGIONAL ENVIRONMENTAL PLANS

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

STATE ENVIRONMENTAL PLANNING POLICIES

State Environmental Planning Policy No 44 (Koala Habitat) applies to the site as Cabonne Council is identified within the SEPP 44 schedule as having koala habitat. The subject land is generally cleared and the proposed development will not impact upon any existing vegetation. There are no known sightings of koalas in the locality, or sources of koala habitat.

State Environmental Planning Policy Rural Lands (2008) applies to the subject land.

The Rural Lands SEPP applies to the Cabonne Council area. The SEPP requires Council to consider the existing and approved uses of land in the vicinity of the development (when it involves subdivision or dwellings), and whether or not the development is likely to have a significant impact on predominant or preferred land uses.

Clause 8 requires an assessment of the rural subdivision principles. The identified principles are as follows:-

(a) the minimisation of rural land fragmentation,

(b) the minimisation of rural land use conflicts, particularly between residential land uses and other rural land uses,

(c) the consideration of the nature of existing agricultural holdings and the existing and planned future supply of rural residential land when considering lot sizes for rural lands,

(d) the consideration of the natural and physical constraints and opportunities of land,

(e) ensuring that planning for dwelling opportunities takes account of those constraints.

The proposal will fragment rural land; may increase land use conflicts due to industrial use of the land with adjoining agricultural land and residential dwellings; with the natural and physical constraints identifying concerns for the proposed industrial uses as adverse impacts such as pollution, groundwater contamination and impacts on the watercourse (Shingle Ridge Creek) are unknown.

Clause 10 of the SEPP requires certain matters to be considered in determining development applications for rural subdivisions or rural dwellings. These include the following:-

(1) This clause applies to land in a rural zone, a rural residential zone or an environment protection zone.

(2) A consent authority must take into account the matters specified in subclause (3) when considering whether to grant consent to development on land to which this clause applies for any of the following purposes:

(a) subdivision of land proposed to be used for the purposes of a dwelling,

(b) erection of a dwelling.

(3) The following matters are to be taken into account:

(a) the existing uses and approved uses of land in the vicinity of the development,

The existing use of the land is for grazing purposes; all proposed lots will be for an industrial use with the proposed dwelling ancillary to the warehouse and distribution centre.

(b) whether or not the development is likely to have a significant impact on land uses that, in the opinion of the consent authority, are likely to be preferred and the predominant land uses in the vicinity of the development,

The preferred use of the land is for agriculture, any approval will be for an industrial use and not agriculture.

(d) if the land is not situated within a rural residential zone, whether or not the development is likely to be incompatible with a use on land within an adjoining rural residential zone,

N/A

(e) any measures proposed by the applicant to avoid or minimise any incompatibility referred to in paragraph (c) or (d).

No measures have been proposed, however, should Council consider approval for an industrial use, measures such as landscaping, compliance with EPA for noise and pollution, and conditions to adverse any identified impacts. Conditions will not change the proposed use of the land (ie. Industry), as such there will still be a loss of agricultural potential however may adverse any adverse impacts.

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.

The application was submitted prior to Council receiving the S65 certification for the Draft Cabonne Local Environmental Plan 2012 and as such there is no requirement for the assessment of the draft provisions.

Whilst revised plans were submitted in May 2013, Council’s Cabonne Local Environmental Plan 2012 was gazetted on 18 January 2013. It should be noted that the provisions under the LEP do not allow for subdivision for a purpose other agriculture; industry is prohibited within the RU1 Primary Production zone and no provision for an ancillary dwelling under any clause in CLEP 2012.

The Sub-Regional Rural and Industrial Use Strategy (2008)

Part of the purpose of this adopted strategy is to ensure there is a satisfactory supply of land to meet future demand for industrial land and that the land identified is adequately serviced (p15).

Recommendations from the strategy identifies that within the Cabonne Local Government Area, Manildra is to be considered in the short to medium term (5-15 years) for rural industries. For larger towns and villages within the Cabonne LGA the recommendation is for land to be zoned Industrial under the Standard Instrument. No areas outside of Molong are identified in the strategy for industrial purposes. Under the standard instrument (CLEP 2012) three (3) three areas within the town of Molong are zoned specifically IN2 Light Industrial for industrial purposes; those being an area to the west off Starlea Road, between Wellington St, George and Riddell Streets, and the other in Enterprise Place. The IN2 Light Industrial zone allows for a broad range of light industrial, warehouse and related land uses.

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

Development Control Plan No 5 – General Rural Zones applies to this development. The DCP specifies controls for dwellings and subdivisions. The proposal is generally consistent with those controls that are relevant to the development.

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

BASIX for the ancillary dwelling has been provided to Council. BASIX certificates for the industrial buildings are not required under the regulations.

Fire Safety requirements for the development are assessed and determined under the Building Code of Australia. It should be noted that the development has no ability to connect to reticulated water services and as such will rely upon alternate solutions under the BCA requirements.

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

Context and Setting

The predominant use in the surrounding locality is agriculture, which consists of a mixture of cropping and grazing. The subject site has mainly been used for grazing purposes. There are several dwellings surrounding the subject land, including hobby farm development.

Lot size and shape

The three lot subdivision is regular in shape. Proposed Lot 101 will have an area of 25.3ha and contain a warehouse and distribution centre and an ancillary dwelling. Proposed Lot 102 will have an area of 10.03ha and will contain an industrial building and carparking area. Proposed Lot 103 will have an area of 6.55ha and contain an industrial building and carparking area. All lot sizes have a large area that are not being utilised for industrial purposes.

Setbacks

Setbacks for the proposed structures include:-

Proposed Lot 101- Warehouse and distribution centre approximately 203m from the Banjo Paterson Way boundary; 3m from the eastern boundary and 235m from the southern boundary; ancillary dwelling approximately 240m from northern boundary and approximately 240m away from the warehouses.

Proposed Lot 102 – Industrial building setback approximately 150m from the northern boundary; 60m from the western boundary and 208m from the southern boundary

Proposed Lot 103 – Industrial building approximately 80m from the northern boundary; 30m from western boundary and approximately 74m from the eastern boundary

Visual amenity

The site is currently rural grazing land. There will be a significant change in the landscape by the proposed uses as well as from the proposed industrial building/sheds. The use of non-reflective construction materials and landscaping buffers could assist (conditional) in screening.

Landscaping is proposed along the northern boundaries of proposed lots 102 & 103. Additional landscaping is also proposed along the carparking area of Building C (Proposed Lot 103), the eastern side of Building C, along part of the eastern boundary of Proposed Lot 102 and along the proposed car parking area in front of Building B (proposed Lot 102).

Access and traffic

The subject land fronts Banjo Paterson Way. Banjo Paterson Way is identified as a regional road and as such has been referred to the RMS for assessment.

The proposal identifies the construction of a new road in addition to another access point off Banjo Paterson Way for the proposed ancillary dwelling.

Projected vehicle movements for the proposed development includes the following:-

· 60 staff movements for employees per day

· 16 vehicle movements for semi-trailers per day

· 32 projected vehicle movements for rigid trucks per day

Based on the above projections, the development would increase vehicle movements by a maximum of 108 movements per day.

Traffic generation will increase as a result of the proposed development however, requirements by Council and the RMS for road upgrades will ensure safety for vehicles entering and exiting the sites. The road is classified as a regional road and the existing road network is considered to be adequate for the additional projected vehicle movements associated with the development.

Noise

The applicant has undertaken a noise assessment due to issues raised identifying noise as an adverse impact after the submission of the original application. The report by Wilkinson Murray and dated May 2013 assesses operational noise of the proposed facility and was undertaken in accordance with the NSW EPAs Industrial Noise Policy (INP). The conclusion of the report indicates that “based on the recommendations given, the operation of the facility is predicted to comply with relevant criteria subject to the following recommendation:-

Whilst the east facing doors of Workshop C are open to accommodate a delivery; noise intensive activities such as grinding and hammering do not take place within the workshop.

Light

Proposed use of site security lighting may have cause for adverse impacts to the road network and nearby residences. The applicant has indicated that an external lighting system will be designed to provide effective illumination without causing light scatter or disturbance. This could be addressed via a condition of consent.

Effluent Disposal

On-site effluent management studies have been undertaken to assess the disposal of effluent for the proposed subdivision and use of the buildings for industrial use, warehouse and dwelling. The assessment indicates that each lot is considered to be suitable for on-site effluent disposal as per the proposed uses. The reports do not assess any impact on the groundwater system or pollution of Shingle Ridge Creek.

Agricultural Impact

The subject land is currently used for grazing purposes. The subdivision application proposes the use of the land to be for industrial purposes with one lot to also include an ancillary dwelling.

If the application were to be approved the subject land would not be primarily used for the purposes of agriculture (as per the zoning); the primary use would be for a use other than agriculture. This is not a preferred outcome, and it is best practice to protect and retain agricultural land.

Flora and Fauna

There have been no identified threatened species on the subject land upon investigation of the NSW National Parks and Wildlife Service Atlas. It is considered that the proposal will not impact on any threatened species as only minimal removal of existing vegetation would be required.

Heritage

The subject land is not identified as being an item of environmental heritage under Schedule 1 of the LEP. In addition, the site is not known to contain any Aboriginal relics or places.

Utilities

The site is not connected to either reticulated water or sewer and is not available within the locality. The provision of water will be provided on site rainwater tanks with varying capacities.

Electricity and telecommunications are available within the locality with connections and upgrades at the developers cost.

Signage

The applicant has not proposed to construct any advertising signage as part of the application. Separate application would be required for proposed signage other than identification signage permitted by State Environmental Planning Policy No.64 – Advertising Signage.

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

Physical Attributes and Hazards

The proposal has been referred to the RFS for assessment. Conditions of concurrence have been notified to Council and are outlined in Public Consultation section of the report. In addition, fire safety requirements for the proposed industrial buildings are required to meet specifications under the Building Code of Australia.

DEVELOPMENT CONTRIBUTIONS

Section 94 Bushfire Contributions do apply to the development should the application be approved. A total of $ 1,633.80 would be payable to Council for improvement to bushfire services and amenities for the Garra Bushfire Brigade prior to the release of the Linen Plan. Condition applies.

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

The proposed development was neighbourhood notified and advertised in the for a period of 14 days. Six (6) submissions were received by the close of the exhibition phase. Issues raised in the submission(s) are addressed as follows:

Submission

Issues raised

Comment

Noise by the proposed industries

Noise by increased vehicle movements due to increase in truck movements and cars from potential employees

Destruction of rural character

Danger for vehicles and trucks entering & leaving the site

Can be conditioned

Noise from vehicles would be part of the noise from the development. It is acknowledged that noise from trucks and increase in traffic would be associated with the development.

The process of development assessment is to help assess this aspect, its impact on the site and impact on the surrounding locality.

Strict requirements for access and intersection design would be imposed

Surface spring at Shingle Ridge Creek is linked to bores along the catchment with unknown impact of industry on the underground aquafier and its impact on the Molong Creek and subsequent users of the water from this water source

As the impact is unknown, Council could require the developer to undertake groundwater monitoring. It is noted that there is no indication of bores on this this and all water use will be via onsite means (ie rain water tanks)

The effect this development would have on their rates

What is the traffic management plan for entering and exiting the development

Concern regarding pollution of Shingle Ridge Creek from the proposed development

Proposed uses should be for that purpose only. Concern that if these places are sold any new owner may have a greater impact with a new industrial use

Is the land being re-zoned

Will property values be affected

There is an industrial site in the area already for sale

The plans do not indicate any screening along the southern boundary

Not a planning matter for consideration

Requirements for intersection and road design as required by RMS

Noted

Proposed land uses sought through this application include Industry and Warehouse & Distribution. Any new use would need to meet the planning definitions of these land uses.

The land is not being re-zoned. The application seeks a land use that at the time of DA submission to Council was a permitted use.

Property values are not determined by Council and is not a matter for consideration under Section 79C of the EP&A Act.

Noted

Landscaping and screening requirements could be considered should the application be approved

The revised application should be considered under the new provisions and not under the CLEP 1991

Site is classified as having a Class 3 land and soil capability & as such needs to be managed to prevent soil & land degradation

Is such an application appropriate or applicable under Clause 15 of the CLEP 1991. Has this clause been used for similar purposes by Council

There is an existing industrial area in Molong. This area should be utilized as it is deemed more appropriate

The development represents a fragmented and isolated development of rural land

Concern of possible long term impacts verses the economic benefit of approving such a development

CLEP 91 is the legal document associated to the DA process.

Noted. May be conditioned to address adverse impacts.

Clause 15 specifically relates to subdivision for purposes other than agriculture. The applicant seeks development consent under this clause. A similar application of cl15 was applied to industrial subdivision off Starlea Road.

Noted.

The proposed development does represent further fragmentation of rural land.

Noted.

The subject site is land that is not included for industrial purposes under the Sub Regional Rural and Industrial Land Use Strategy

Concern for further subdivision for industrial use similar to the original application

The ancillary dwelling is not a caretakers cottage – it is a substantial dwelling for residential use

Development of this site for industrial use is detrimental to the existing sites and areas already deemed appropriate for this type of use

Development is not keeping with the rural character of the land and is not compatible with the existing and future land uses

This land and the surrounding land has been successfully used for sheep & cattle farming and pasture improvement for over 100 years

Noise, light spillage, odour, vehicle exhaust and pollution from the proposed industrial uses

The close proximity of the development to land

Increased traffic hazard with new intersection, increased volume of traffic movements, & safety

High standards for roads, access and sealing should be adopted – these are developer costs & the developer should be required to construct to a high standard & not a lesser standard

Increased burden on Council for maintenance of another road as well as Banjo Paterson Way

Environmental degradation

Increased fire risk

Increased risk to stock from baiting and pest control

Pollution of Shingle Ridge Creek

On site sewerage disposal is via surface or sub-surface irrigation which poses a risk to the creek

Groundwater pollution of downstream bores and risk for the users of this groundwater

Change in property rates, loss in value of property

Security concern

Noise impact – Council should gain an independent noise assessment in order to assess impacts of development and reflects interests of surrounding property holders. No account has been of the increase in industrial/manufacturing activity

No consideration of the intrusive noise effect on this rural setting

Section 5.3 of the noise report indicates some operational circumstances where compliance will be exceeded

The Strategy does not identify land outside of Molong for any future re-zoning for industrial uses and areas identified remain in Manildra as most appropriate. CLEP 2012 identifies three (3) areas within Molong to be zoned IN2 Light Industrial which allows a wide range of light industrial, warehouse and related land uses. The strategy looks at big industry and is silent on smaller, local scale industrial development. As such, the introduction of industrial zonings was used within the LEP process to support smaller, local businesses where the impacts are not as great. This is reflected by the zone of these areas being IN2 Light Industrial. The proposed scale of the subject DA is more aligned with a zoning of IN2.

CLEP 2012 precludes subdivision for purposes other than agriculture. As such, there will be no further opportunities for subdivision for further industrial purposes.

Noted. Scale and size of dwelling is not relevant to assessing ‘ancillary’ function.

Section 79C requires an assessment of impacts and potential impacts. It is noted that the surrounding area is rural in setting and context and that other areas within the town of Molong have been identified for industrial purposes.

Noted. The context and setting of the proposed development is rural/agricultural with associated dwelling and some hobby farm development.

Noted

Noted. Noise, light and odour can be conditioned requiring compliance with the NSW Protection of the Environment Operations Act

Noted

RMS & Council have strict controls and requirements for road design and construction. These issues are included in the technical officers assessment of the site and the proposal. Conditions apply should be application be approved.

Based on the scale of the proposal there will be an increase in traffic generation.

Traffic movements are estimated to include 100 movements per day for a maximum of 50 employees; 16 semi-trailer movements per day; and 32 rigid truck movements per day

Standards for road design & construction are mandated by both Council and the RMS with requirements for compliance under Austroads Guide to Road design Part 4A

Noted. Should Council approve the application it is noted that the new road would become a council asset and would have implications for on-going maintenance budgets.

Noted

There are strict requirements to be complied with under the BCA in addition to requirements under the Planning for Bushfire Protection Act.

Noted.

Noted as being a potential unknown impact of the creek

The submitted on site effluent studies have indicated that on site disposal of waste can be contained within the lot boundaries based on the proposed industrial uses.

Groundwater monitoring may assist for potential impacts.

This is not a matter for consideration under s79C

Noted

Noted. The applicant has undertaken an “operational noise assessment” for the site based on the proposed operations.

Noted. An operational noise assessment has been submitted that assesses intrusiveness and amenity based on NSW EPA’s Industrial Noise Policy (INP).

Noted

Not enough time to fully assess the proposal given the amount of documentation and information provided

Stated intention of the new owner was indicated to be “a house and a couple of sheds”. The industrial use in order to gain an ancillary dwelling is an abuse of process

Object to this industrial development in any form.

2 drawings of industrial building were not made available

Development goes against the principles and intentions for rural land as in CLEP 2012 & CLEP 1991

Its noted that CLEP 1991 allows industrial use however new CLEP 2012 does not permit industry

Existing land has been used for agricultural purposes for over 100 years

This development will fragment further industrial uses and locations

The site is not included in the Sub-Regional Rural and Industrial Land Use Strategy

Rural amenity will be destroyed by its scale and proximity to surrounding properties

Subdivision of larger agricultural holdings have been undertaken and smaller scale operations continue to be viable

Proximity of the industrial lots to dwellings on our property is approximately 100m and 170m

Light spillage from buildings and vehicles into dwellings

Noise impacts

Odours and discharges from exhausts

Visual amenity ruined due to height of 10m plus high sheds in direct line of sight

Major change in the landform in order to accommodate buildings/sheds

Disturbance of farm animals from noise/ light and odour

Uncontrolled waste entering our property

Potential for increase in feral animals and its impact on our farm

Risk to stock from pest and control and baiting

Potential pollution of Shingle Ridge Creek from fuels, oil, chemicals, effluent, accidental spills and impact downsteam on water users & fauna

Risk of using on site septic and its impact on the creek and potential for further groundwater contamination

Reduced surface run-off to the creek due to capture by industrial buildings that will impact on riparian use rights and watercourse flushing

Change in property values and rates and reduced opportunity for selling (if desired)

Poor condition of Banjo Paterson Way with increased traffic poses safety and hazard issues

Concern regarding the access road entry point and its placement

Shingle Ridge Creek was dry during drought periods and this poses a fire risk with increased industry and buildings to protect

Loss of vegetation

Large size and remoteness of the caretakers dwelling as it presents itself as a family home

Council policy is for a 14 day notification period. The proposal was advertised and neighbour notified in accordance with Council policy.

Any application submitted to Council will be assessed against the LEP and any relevant state policies

Industrial land uses on rural zoned land was permissible under CLEP 1991 to which this application is assessed against.

Plans not given to the public were those that included floor plans

Noted. The Section 79C assessment process will further assess the proposal against Council’s legal planning provisions and whether the development is consistent with the zone objectives.

Noted

Noted. This aspect is assessed in more detail within the body of the report.

Noted

Can be conditioned

As per previous comments

Noted

Noted. Should the application be approved, appropriate conditions should be considered to address appropriate construction materials and landscaping buffers to provide screening in particular to the two (2) large industrial sheds.

The existing rural amenity of the site will be distinctly varied in context.

Noted

Conditions can be imposed subject to further assessment at CC stage.

On site effluent studies have been provided for the development which indicate that all site are capable of disposing of waste within the lot boundaries. No assessment for groundwater contamination or watercourse contamination was undertaken.

Noted

Not a planning consideration

RMS and Council have assessed the proposal and should the development be approved specific requirements for intersection and road design will be required.

Access points are assessed by both the RMS and Council to comply with Ausroad standards.

The proposal was required to be referred to the RFS for assessment. The proposal is also required to comply with Fire Safety Measures under the Building Code of Australia.

The application does not indicate any significant loss of vegetation. The site is predominantly cleared of native vegetation and has been used for grazing purposes. In addition, landscaping has been proposed to address screening and buffers.

Noted. Dwelling is only permissible as an ancillary dwelling and this aspect is addressed separately within the main body of the report.

PUBLIC AUTHORITYS CONSULTATION

The development is identified as integrated development and as such is required to gain concurrence from both the Roads and Maritime Services (RMS) and NSW Rural Fire Service (RFS).

The NSW Rural Fire Service (RFS) has issued its concurrence under section 100B of the Rural Fires Act 1997 subject to the following conditions;-

1. The development proposal is to comply with the subdivision layout identified on the drawing prepared by Peter Basha numbered 11058D9, sheet 2 of 6, dated 22 May 2013.

Asset Protection Zones

The intent of measures is to provide sufficient space and maintain reduced fuel loads so as to ensure radiant heat levels of buildings are below critical limits and to prevent direct flame contact with a building. To achieve this, the following conditions shall apply:

2. At the commencement of construction on the proposed dwelling and in

perpetuity the property to the west of the proposed dwelling, to a distance of

30 metres and to the east, south and west for a distance of 20 metres shall be

maintained as an inner protection area (IPA) as outlined within section 4.1.3

and Appendix 5 of Planning for Bush Fire Protection 2006 and the NSW Rural

Fire Service's document 'Standards for asset protection zones'.

Water and Utilities

The intent of measures is to provide adequate services of water for the protection of buildings during and after the passage of a bush fire, and to locate gas and electricity so as not to contribute to the risk of fire to a building. To achieve this, the following conditions shall apply:

3. Water, electricity and gas are to comply with section 4.1.3 of 'Planning for

Bush Fire Protection 2006'.

4. In recognition that no reticulated water supply exists to the proposed dwelling on proposed Lot 101, a 20, 000 litre fire fighting water supply and a minimum of 3kW (5hp) petrol or diesel powered pump with a 19mm hose capable of reaching the entire perimeter of the dwelling is required. Tanks shall be made of metal or concrete. The tank shall, where practical, be positioned no closer than 10 metres and no further than 20 metres from the dwelling. Adequate access to within 6 metres of a connection point to the dedicated water supply for a Category 1 bushfire tanker shall also be provided. A 65mm Storz fitting and metal ball valve shall be installed to the tank for connection to local fire service appliances. The ball valve, pipes and tank penetration are to be adequate for a full 50mm inner diameter water flow through the Storz fitting.

Access

The intent of measures for property access is to provide safe access to/from the public road system for fire fighters providing property protection during a bush fire and for occupants faced with evacuation. To achieve this, the following conditions shall apply:

5. Property access roads shall comply with section 4.1.3 (2) of 'Planning for Bush Fire Protection 2006'.

Design and Construction

The intent of measures is that buildings are designed and constructed to withstand the potential impacts of bush fire attack. To achieve this, the following conditions shall apply:

6. New construction shall comply with Sections 3 and 5 (BAL 12.5) Australian

Standard AS3959-2009 'Construction of buildings in bush fire-prone areas'

and section A3.7 Addendum Appendix 3 of 'Planning for Bush Fire Protection'.

Banjo Patterson Way is identified as a regional road and as such requires approval from the Roads and Maritime Services (RMS). RMS does not object to the proposed development subject to the following:-

· The access from Banjo Paterson way to proposed Lot 101 should be constructed in accordance with Austroads Guide to Road Design: Part 4 Figure 7.4 ‘standard rural property access’ (copy attached) and any relevant RMS Supplements. The access should be sealed a minimum of 10 metres from the edge of the travel lane in Banjo Paterson way, match existing road levels and not interfere with existing road drainage;

· The proposed public road connecting to Banjo Paterson Way is to be constructed in accordance with Council standards. The road should be sealed a minimum of 20 metres from the edge of the travel lane in Banjo Paterson Way, match existing road levels and not interfere with existing road drainage;

· Safe Intersection Sight Distance (SISD) requirements outlined in the Austroads Guide to Road Design Part 4A and relevant RMS Supplements should be provided in both directions at the vehicular access point of servicing proposed Lot 101 and at the intersection of the proposed road and Banjo Paterson Way. For a 100kmph speed environment the minimum SISD is 250 metres.

· To provide suitable storage capacity for the largest class vehicle accessing proposed lot 101, any gate, grid or similar structure installed in the new access should be setback appropriately (20m for single articulated and 30m for B Double) from the edge of the road in Banjo Paterson way.

PUBLIC INTEREST s79C(1)(e)

The proposed development is considered to be of interest to the local community with potential impacts on the surrounding land owners and within the Molong community as existing businesses located in Molong would relocate out of town.

CONCLUSION

The proposed development is for a 3 lot subdivision for the purposes of industry and includes the construction of industrial buildings and an ancillary dwelling. Whilst subdivision for industrial purposes is a permissible land use the assessment of the overall development raises concerns. The proposal with the ancillary dwelling component has also been assessed and does not meet the criteria under the CLEP 1991 provisions for ancillary use. The proposal is not consistent with the zone objectives, and is not supported by the Sub-Regional Rural and Industrial Land Use Strategy. In addition, the proposal is not consistent with the principles of the Rural Lands SEPP. Whilst the use may be permissible the cumulative impact of the proposed industrial subdivision and use of the land and its impact on the surrounding land raises concern. The application was advertised and neighbour notified with Council receiving six (6) submissions in total that raises many issues of concern. Council in considering the planning report may consider to either refuse the application, or approve it subject to specific conditions of consent. Based on the assessment of the proposal it is recommended that the application be refused for the following reasons:-

1. The carrying out of the proposed development on the land to which the development application relates would not be consistent with the following objectives of Zone No 1(a) General Rural:

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

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

(e) minimizing the cost to the community of:

(i) fragmented and isolated development of rural land; and

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

(d) The council is not satisfied that

(ii) The land could not reasonably be used for the purpose of warehouse and distribution on proposed Lot 101 without the erection of the dwelling house.

ITEM 9 - DA 2014/0034 FOR EMERGENCY SERVICES FACILITY (RURAL FIRE SHED) ON LOT 100 DP 1172924, BORENORE ROAD, BORENORE

REPORT IN BRIEF

Reason For Report	For determination as the land is owned by Council.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.3.a Provide efficient and effective development assessment.
Annexures	1. DA 2014-0034 Draft Conditions of Consent
File Number	\Development Applications\DEVELOPMENT APPLICATION\2014\03-2014-0034 - 495925

Recommendation

THAT Development Application 2014/0034 for Emergency Services Facility (Rural Fire Shed) on Lot 100 DP 1172924, Borenore Road, Borenore, be granted consent subject to the conditions attached.

Senior Town Planner's REPORT

ADVISORY NOTES

Record of voting

Political Disclosures

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 Emergency Services Facility (Rural Fire Shed) on Lot 100 DP 1172924, Borenore Road, Borenore.

The application has been referred to the Environmental Services and Sustainability Committee for determination as the land is owned by Council. The application was neighbour notified for a period of 14 days with two (2) submissions being received.

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

Applicant: NSW Rural Fire Service c/o:- David Hoadley Canobolas Zone

Owner: Cabonne Council

Proposal: Emergency Services Facility (Rural Fire Shed)

Location: Lot 100 DP 1172924, Borenore Road, Borenore

Zone: RU2 Rural Landscape

THE PROPOSAL

It is proposed to construct an emergency services facility (rural fire shed) for the NSW Rural Fire Service Borenore Brigade. The emergency facility will be a 2 bay emergency services building and consist of a kitchenette, shower, two toilets, office, store area, multi-function area and truck parking area.

The proposal also includes the construction of a rain water tank. The capacity of the tank is noted at being 110, 000 litres capacity.

The site is not connected with Cabonne’s reticulated sewerage system and as such the new building is required to be serviced by an approved wastewater management system.

The proposed rural fire station will operate all year round as an emergency facility. The facility will not be constantly manned, however will be used for the purposes of emergency call-outs, training, maintenance and meetings. It is anticipated that the facility will be utilised by up to ten (10) active members to date who volunteer on an irregular basis. In saying this, the site will have maximum numbers of volunteers and traffic generation during an emergency situation.

Site Map

Background

Council at its Ordinary Meeting of 16 May 2011 and in consultation with the NSW Rural Fire Service (Canabolas Zone) considered locations for a proposed rural fire shed at Borenore. Several locations, including the Borenore Railway Station land was considered. The motion from this meeting was that Council pursues the acquisition of land at the preferred site of land located on the corner of Borenore Road and The Escort Way in the first instance.

Council at its Ordinary Meeting of 27 June 2011 resolved to locate the proposed shed adjacent to the Telstra Hut retaining the existing access road and achieving suitable setbacks from boundaries.

The subject land was created via subdivision and registered 24 May 2012 for the purposes of emergency services for the Borenore Rural Fire Services Brigade.

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,

(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 RU2 Rural Landscape
Lot size map	Minimum lot size N/A
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	Not within a karst area
Drinking water catchment map	Is within a drinking water catchment area
Riparian land and watercourse map, groundwater vulnerability map	Groundwater vulnerable
Land reservation acquisition map

These matters are addressed in the report following.

Cabonne Local Environmental Plan 2012

The subject land is zoned RU2 Rural Landscape by the Cabonne Local Environmental Plan 2012. Emergency Services Facility (Rural Fire Shed) is permissible within this zone, subject to Council’s development consent. An emergency services facility means a building or place (including a helipad) used in connection with the provision of emergency services by an emergency services organization provided by the standard instrument definition. The proposal is consistent with the terms of the definition.

Objectives of the RU2 Rural Landscape zone

The proposal is not contrary to the aims of the LEP or the objectives of the RU2 zone. The development relates to and is consistent with the zone objectives which seek:

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

· To maintain the rural landscape character of the land.

· To provide for a range of compatible land uses, including extensive agriculture.

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

· To provide for a range of tourism-related uses that support the agricultural industry or are compatible with agricultural uses.

· To protect drinking water catchments from the impacts of development by minimising impacts on the quality and quantity of water entering drinking water storages.

Part 2 – Permitted or prohibited development

The lot has specifically been created for the purposes of an emergency services facility. The proposed land use for an emergency services facility is permissible within the zone.

Part 6 – Additional local provisions

Clause 6.4 Groundwater vulnerability

The subject land has been identified as “Groundwater Vulnerable” on the Groundwater Vulnerability Map. The proposed development will not have any adverse impacts on groundwater dependent ecosystems nor any cumulative effect on the groundwater system itself. The development will require an on-site effluent management system to be installed on the land, however a condition of consent will require that the development to be in accordance with the site specific on-site effluent study which indicates no groundwater contamination will result.

Clause 6.5 Drinking water catchments

The site is identified as “Drinking Water Catchment” on the Drinking Water Catchment Map as Molong drinking water. The proposed development will not have an adverse impact upon the quality and quantity of water entering drinking water storages. No additional measures are required to avoid, minimize, or mitigate impacts of the proposed emergency services facility.

Clause 6.8 Essential services

No reticulated water or sewer is available in the locality. The provision of water shall be via an on-site tank with a capacity of 110, 000 litres. On-site waste will be in accordance with the on-site effluent management study. A section 68 application will be assessed for on-site waste disposal. Electricity and telecommunications are available within the locality and any connection costs will be the responsibility of the developer.

REGIONAL ENVIRONMENTAL PLANS

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

STATE ENVIRONMENTAL PLANNING POLICIES

State Environmental Planning Policy No.44 Koala Habitat Protection

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

State Environmental Planning Policy (Infrastructure) 2007

The SEPP defines the subject development as an emergency services facility. Division 6 of the SEPP sets out the provisions of where an emergency service facility can be located, what types of development require consent and those developments that do not require consent. The proposed emergency services facility requires consent from Council.

The proposed development is not considered to be inconsistent with the SEPP.

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 proposal is not inconsistent with the provisions of the DCP.

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

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

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

Context and Setting

The subject land is located within an existing rural agricultural area. The proposal is not considered to be incompatible with the surrounding land uses (agricultural) within the locality. Whilst the proposed rural fire station is not consistent with the current use of the site, ie road reserve, there will be minimal impact as a result of the approval.

Visual amenity

The proposed building is to be located approximately 20 metres from the Borenore Road boundary. The proposal indicates the provision of landscaping around the site to provide privacy to the rural fire station, in addition to reducing the visual impact of the development on the existing landscape.

The external cladding of the building will be constructed of colourbond materials, and will be coloured “surfmist “ (grey) with the two (2) roller doors to the truck parking area to be “manor red”. The proposed colours are the corporate colours for the NSW Rural Fire Service. Whilst the colour of the roller doors (red) is prominent, they will not face Borenore Road or The Escort Way directly. The building will be sited in excess of 20m from Borenore Road and in excess of 60m from The Escort Way. Landscaping will be required to be provided along the northern, western and southern boundaries to assist in minimizing any adverse visual impact of the facility on the site and surrounding locality.

Access and traffic

Access to the site is via the old Borenore Road which was a part of the road re-alignment. Existing access point complies with Council specifications.

Traffic generation is considered to be minimal, with the exception of an emergency event. Whilst on-site parking is not proposed for the development, sufficient space is available adjacent to the site within the existing road reserve.

Waste

The proposal will result in a slight increase in the generation of additional waste, however, the amount will be similar to that generated by other emergency service facilities (rural fire station) in the surrounding area. The Applicant has not provided an effluent study and as such any approval will require the submission of an effluent study that has identified a suitable application area and system to dispose of effluent prior to the development commencing (deferred commencement). Further conditions of consent will require any system to be in accordance with the submitted study.

Noise & Vibration:

The proposal is not anticipated to result in a significant increase in the amount of noise generated from the site that is likely to affect surrounding residential receptors. It should be noted that sirens on emergency vehicles will be used in an emergency situation, with lights only to be used in built up areas. The noise generated as a result of siren use is considered adequate given that they are used for emergency situations.

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, however the proposed development was neighbour notified for a period of 14 days with two (2) submissions being received.

The main issues raised in the submissions include:-

· The site of the proposed shed will detract from the entrance to Borenore;

· The proposed site is not in the best interest of Borenore with other more appropriate sites close by;

· Removal of trees in the recreational area should not be allowed as these were planted by the community with Council endorsement;

· Lack of visibility between Borenore Road and The Escort Way and is considered to be dangerous for drivers;

· Is to be located in a highly visible area and will stand out.

In response to the issues raised, the following comments are provided:-

· The emergency service facility is an important addition to the Borenore area. Council and the RFS do not wish to detract from the Borenore area, with landscaping to be provided to reduce visual impact.

· This site was specifically chosen by both Council and the RFS and formally adopted by Council prior to the subdivision and registration of the land. The site was chosen for its visibility within the community.

· Information provided by the Rural Fire Service indicates tree removal will be kept to a minimum and only undertaken if necessary. If trees are required to be removed, they will be re-located or replaced to have minimal impact on the overall site.

· Visibility from the intersection of Borenore Road and The Escort Way will not be adversely impacted by the station building as its setback from Borenore Road and The Escort Way is in excess of 20m. The building will not be directly accessed from Borenore Road or The Escort Way, with access from the old Borenore Road.

· The site was created specifically for the purposes of an emergency services facility. This process involved both Council and the NSW RFS. The site was chosen and adopted by Council at its Ordinary Meeting of 27 June 2011.

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 an emergency services facility 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 10 - MODIFICATION APPLICATION 2013/96/1 FOR SUBDIVISION OF LOT 1 DP 857131 LOWER LEWIS PONDS

REPORT IN BRIEF

Reason For Report	To seek Council approval of modification of Development Consent.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.3.a - Provide efficient and effective development assessment
Annexures	Nil
File Number	\Development Applications\DEVELOPMENT APPLICATION\2013\03-2013-0096 - 509214

Recommendation

THAT:

1. Council support the SEPP 1 objection to the 100 Ha development standard for a dwelling on land having an area of 94.17 Ha in the RU1 Primary Production zone.

2. Modification Application 2013/96/1 be granted approval subject to the attached conditions of consent.

Senior Town Planner's REPORT

ADVISORY NOTES

Record of voting

Political Disclosures

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

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

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

Nil planning application disclosures have been received.

Nil public submission disclosures have been received.

SUMMARY

The following report provides an assessment of the modification application submitted for subdivision of Lot 1 DP 857131, 777 Lower Lewis Ponds Road, Lewis Ponds.

The application has been referred to the Environmental Services and Sustainability Committee for determination as the proposal seeks a variation to planning standards.

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

Applicant: Anthony Daintith Town Planning

Owner: A & L Percy

Proposal: 2 Lot Subdivision

Location: Lot 1 DP 857131 Lower Lewis Ponds

Zone: RU1 Primary Production

THE PROPOSAL

Development Application 2013/96 for subdivision of the subject land was approved under delegated authority, dated 1 February 2013.

Approved Sections

Lot	Area (approx.)	CLEP 1991
100	119.7 hectares	Clause 12(2)
101	100 hectares	Clause 12(3)

Each proposed lot was approved for the purposes of agriculture with the ability to have a dwelling. Proposed lot 100 is vacant and proposed lot 101 contains an existing dwelling, tank, sheds and stock yards.

Access to the existing dwelling has been constructed and links to Lower Lewis Ponds Road. It is proposed to create an extension of the existing internal driveway for access to the dwelling envelope situated on proposed lot 100.

Council approval is sought to modify development consent for DA 2013/96. Following survey of the property, the area of lots 100 and 101 are to be modified to reflect the actual amount of land. Revised lot 101 has an area of 94.17 hectares and has substantially the same footprint as what was originally approved by Council. As the lot is less than 100 hectares, the modification considers the provisions of SEPP 1 – Development Standards. Revised lot 100 has a total area of 125.53 hectares.

Modified Sections

Lot	Area
100	125.53 hectares
101	94.17 hectares

The Site

The site is zoned 1(a) General Rural under the provisions of the Cabonne Local Environmental Plan 1991. The land consists of one lot with a total area of approximately 219.7 hectares. On the subject lot there is one dwelling, water tanks, sheds and stock yards.

Access to the site is via the existing internal driveway that links to Lower Lewis Ponds Road.

The site is cleared grazing and cropping land with semi-improved pastures and scattered remnant vegetation. Terrain may be described as undulating hills with non-perennial water courses that traverse the land. Emu Swamp Creek forms the eastern boundary of the property.

The subject land is identified as Class 4 & 5 poorer agricultural land as per the NSW Agricultural Land Classification. Class 4 & 5 lands generally have moderate to high physical limitations restricting agricultural productivity. This is identified as land suitable for light grazing but not cultivation. Agriculture is based on native pastures or improved pastures and production is seasonal depending on environmental constraints.

Lot 1 is characterized with the following features as identified in the NSW Agricultural Land Classification, 2002.

· Productivity levels for locally adapted pastures are low to moderate; productivity for selected tree crops may be high.

· Access to local and export markets may be restricted by location.

· Local infrastructure to support extensive forms of agriculture is present, however suitable labor resources may be limited.

· Soils are mostly shallow.

· The land is unsuitable for cultivation, but minimum tillage techniques can be used to establish perennial pastures.

Site Map

MATTERS FOR CONSIDERATION

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

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

Cabonne Local Environmental Plan 1991 (Amended)

Clause 9 Zone Objectives

The subject site is zoned 1 (a) General Rural under the Cabonne Local Environmental Plan (LEP) 1991, as amended. Subdivision of land is permissible within the zone subject to meeting the relevant zone objectives and provisions of the Cabonne LEP 1991.

Objectives of the 1(a) General Rural Zone

The objective of the zone is “to promote the proper management and utilization of resources by:

Protecting, enhancing and conserving:

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

- Providing land for future urban development, for rural residential development and for development for other non-agricultural purposes, in accordance with the need for that development.”

The proposal is for subdivision of the existing land into two (2) lots of different shape and area. One additional lot will be created as a result. Subdivision will effectively cause fragmentation of the subject land which is identified as a viable agricultural holding or enterprise. Fragmentation of such land is contrary to the objectives of the 1(a) General Rural zone. The proposal for subdivision is not justified in accordance with the zone objectives.

Clause 10- General considerations for development within rural zones

No change from previous assessment under clause 10.

Clause 11 – Subdivision of Land Generally

No change from previous assessment under clause 11.

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

Proposed lot 100 is vacant and has a total area of approximately 125.53 hectares. The lot is created under cl 12(2) for the purposes of agriculture and a dwelling may be permissible on the land under cl 18(1)(a) the land has an area of 100 hectares or more.

Proposed lot 101 has a total area of approximately 94.17 hectares and there is an existing dwelling on the lot. The lot is created under cl 12(3) for the purposes of agriculture and a dwelling. Subdivision is not in accordance with clause 18(1)(a) the land has an area of 100 hectares or more and as such the applicant seeks SEPP 1 exemption to the development standard.

REGIONAL ENVIRONMENTAL PLANS

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

STATE ENVIRONMENTAL PLANNING POLICIES

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

Cabonne Council is identified within the SEPP44 Schedule as having koala habitat. The subject site has scattered remnant vegetation and it is considered the proposed development will have minimal impact upon Koalas or potential Koala Habitats.

The proposal is consistent with SEPP 44.

State Environmental Planning Policy (Rural Lands) 2008 applies to the subject land.

Subdivision of the land is for the purposes of a dwelling, ancillary to the use of the land for agriculture. The land will continue to be used for agriculture, primarily grazing, as per the current practice. Proposed lot design is consistent with other lot sizes in the area. Surrounding land use is agriculture and rural/residential development. Subdivision is not incompatible with surrounding land use.

The proposed development will not have an adverse impact on the viability of the agricultural holding and adequate controls could be established to reduce potential land use conflicts (if any) subject to a separate development application.

The impacts of the development have been addressed in the assessment of the proposal and the subdivision is not inconsistent with SEPP - Rural Lands.

State Environmental Planning Policy 1 – Development Standards applies to the subdivision proposal. The objective of this policy is to provide flexibility in the application of development standards in circumstances where strict compliance with those standards would, in any particular case, be unreasonable or unnecessary or tend to hinder the attainment of the objects specified in section 5 (a)(i) and (ii) of the Act.

Where the consent authority is satisfied that the objection is well founded and is also of the opinion that granting of consent to that development application is consistent with the aims of this Policy, it may grant consent to that development application.

As a result of proposed lot 101 being less than 100 hectares (94.17 hectares), an objection to the MLS development standard of 100 hectares under the Cabonne LEP 2012 is made.

It must be noted that the configuration of the lot is still the same, but the area is different as a result of the surveying irregularity along Emu Swamp Creek. Proposed lot 101 is 5.83 hectares less than the development standard for subdivision and this is considered a minor variation under SEPP 1. There is an existing dwelling on the subject land and the site can continue to be utilised for agriculture (grazing) Furthermore, non-compliance with the development standards would not raise any planning matters of State or Regional significance and there is no public benefit from maintaining the development standards specified.

Taking the above matters into consideration, it is not considered unreasonable to apply the SEPP 1 variation to the 100 Ha development standard for subdivision of land zoned RU1 Primary Production. There will be no adverse impacts from the proposed development and the objectives of the EP&A Act and the objectives of the Cabonne LEP are achieved in this instance.

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

Council’s LEP 2012 was in draft format at the time the development application was submitted to Council. Under the Cabonne LEP 2012 the subject site is zoned RU1 Primary Production and subdivision for the purposes of agriculture may be permissible.

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

Development Control Plan 5 – General Rural Zone applies to the land. The subdivision will create two irregular shaped allotments of different shape and area. Lot design is suitable for the site and intended to incorporate natural features and facilitate agricultural practices. There is at least one practical homesite on proposed lot 100, indicated by the proposed dwelling envelope, and potential for land use conflict from adjoining agricultural practices is minimal. Existing lot 1 already has access to Lower Lewis Ponds Road and adequate arrangements may be made for construction of access to the dwelling envelope on proposed lot 100. The land is also connected to what utilities are available in the area (telephone & electricity), any extension of these utilities for proposed lot 100 should be completed by the applicant and would have minimal social or economic impact to the wider community. The proposed modification is not inconsistent with section 2.3 Subdivision in the General Rural Zone under DCP No 5.

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

No change from previous assessment.

Agricultural Impact

Proposed Lot 101 is less than the minimum lot size for subdivision within the zone and subdivision will cause fragmentation and may impact agricultural viability of the land. Despite this, each proposed lot will have the ability to operate independently and adequate arrangements can be made to improve agricultural viability of the land.

Access, Transport and Traffic

No change from previous assessment.

Utilities

No change from previous assessment.

Water

No change from previous assessment.

Flora and Fauna

No change from previous assessment.

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

The subject site is located within an existing rural agricultural area and complies with the Cabonne LEP 1991, LEP 2012 and DCP 5 - General Rural Zones. Adequate arrangements can be made for access to each proposed lot with no additional requirements for the provision of essential services. On this basis, the subject site is considered suitable for the proposed subdivision.

Physical Attributes and Hazards

There are no known physical attributes or hazards that may prevent development of the site.

Development Contributions

Contributions for improvement of Bush Fire Services will apply to the development.

No change from previous assessment.

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

The proposed modification was not required to be neighbour notified.

Public Authority Consultation

The subject Development Application was referred to the NSW RFS for terms of concurrence as required under section 100B of the ‘Rural Fires Act 1997’.

The modification application was not required to be re-notified to NSW RFS.

PUBLIC INTEREST s79C(1)(e)

The proposed modification 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 96(1A) assessment of the development indicates that the modification 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 11 - COUNCIL PROPOSAL TO RECLASSIFY LAND BY REZONING

REPORT IN BRIEF

Reason For Report	To obtain approval to prepare Planning Proposal
Policy Implications	Amendment required to Cabonne Local Environmental Plan 2012
Budget Implications	A budget has been allocated to this program to address fees and costs to prepare a planning proposal, submission of a planning proposal /rezoning application and faciliate a public meeting in accordance with the legal requirements of the Act
IPR Linkage	4.1 - Develop and implement the Land Use Plan, Development Control Plan and other relevant plans.
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\LAND USE AND PLANNING\ZONING\REZONING APPLICATIONS - 452898

Recommendation

THAT:

1. A Planning Proposal be prepared seeking to amend the Cabonne Local Environmental Plan 2012 to rezone property at 6 Gidley Street, Molong known as Lot 1 DP 730639 from classification as community land to operational land,

2. The Planning Proposal be submitted to the Department of Planning and Infrastructure for a Gateway Determination, and

3. Council seek delegation of the plan making functions in this matter.

Director of Environmental Services' REPORT

Council at its meeting of 17 December 2012 adopted the minutes of the Community Services Committee held on 3 December 2012. The resolution included the following:

‘THAT Council take all necessary steps to have assessment No. A48248, Lot 1 DP 730639 (6 Gidley Street, Molong) declared operational.’

The Community Services Manager’s Report on this matter was as follows:

‘Council has previously authorised the sale of Lot 1 DP 730639 (6 Gidley Street, Molong) to help finance the building of additional aged units for the Acacia Lodge Committee.

The land is classified as community land and before the property can be sold it will need to first be rezoned operational.

This will not be possible until after Council’s LEP has been approved and then varied to change the status of the subject property.

The granting of Council approval to take steps to have the land declared operational will assist in speeding up this process.’

The Local Government Act and the Environmental Planning and Assessment Act specify the procedures for classification of all council owned or managed land. Land is classified either as community or operational land. Community land is land that is held by council for the benefit and enjoyment of the community. Such land must be retained in council ownership and cannot be sold. A Plan of Management is required to be developed in consultation with the community with the plan acting as a guide for the maintenance and ongoing use of the land. Community land usually applies to sites such as parks and sports grounds. Operational land is land that council may retain or could sell (if the land is proved surplus to the needs of the community).

Legislation details the process for management of land within either classification. To facilitate Council’s resolution to amend the classification of land at 6 Gidley Street, Molong, from Community to Operational, the land will need to be the subject of an LEP rezoning through the Department of Planning and Infrastructure’s Gateway Process. This will require preparation of a Planning Proposal, submission of a rezoning application and payment of fees (Council’s current fees and charges for lodgment of a rezoning application is $3000). The application, if supported by council, is then submitted to the Minister for Planning and Infrastructure determination under the Gateway process. Public exhibition of the draft amendment would then be carried out by council in accordance with any terms specified by the Minister and in accordance with the department’s guidelines. A rezoning application to reclassify public land also triggers community consultation phases and requires a public hearing as part of the LEP process.

The proposal

The property is zoned B2 Local Business and contains a dwelling. The area is within a flood inundation zone, and is adjacent or adjoining two separate sites classified as contaminated land. The dwelling was purchased in 2003 by the Acacia Lodge Committee, (a council 355 committee), through a loan supported by council. The property has been leased to offset the loan. Council is the registered owner of the land.

The committee initially proposed to lease the dwelling and to construct units at the rear of the site. The location of an existing sewer main and the location within a flood area limited further development potential of the land. The committee has since negotiated the purchase of a vacant block of land in Edward Street, Molong, and proposes to construct aged care units upon that lot. The sale of the Gidley Street property would assist with the funding of the Edward Street development for aged care units.

The dwelling at 6 Gidley Street, Molong is surplus to the needs of the council as community land. The property may continue to be utilised as a dwelling or could be adapted for a range of commercial uses in accordance with the Cabonne Local Environmental Plan and thereby support economic and lifestyle opportunities.

The process

Council has provided a budget allocation for the rezoning of the land from community to operational classification. A Planning Proposal can be prepared by a council, a landowner or a developer or by a third party on behalf of the council or the landowner. The relevant planning authority, in this case council, is responsible for the content of the Planning Proposal and the quality of the information provided in support of the proposal. A Planning Proposal must demonstrate the strategic merit of the proposed amendment to the LEP. The level of information provided is proportionate to the complexity of the proposed amendment.

Preparing the Planning Proposal for the reclassification of land at 6 Gidley Street, Molong, could be carried out by council staff. Should additional information / studies be required by the Department of Planning and Infrastructure, it is likely that council would engage a planning consultant to carry out the investigation and preparation of the support documentation. A budget of $15,000 has been identified by council for the rezoning proposal.

It is suggested that council support the proposal to reclassify the subject land

as operational land, and request preparation of a Planning Proposal as the initial step in amending the Cabonne Local Environmental Plan 2012. Council may also seek to use its delegation from the Minister for Planning for the process of carrying out the rezoning as proposed.

ITEM 12 - PROPOSAL FOR RECLASSIFICATION OF COUNCIL OWNED LAND AT WILLIAM STREET, MOLONG, FROM COMMUNITY TO OPERATIONAL LAND

REPORT IN BRIEF

Reason For Report	To seek council endorsement for the preparation fo a Planning Proposal to reclassify land at William Street, Molong, from community to operational land.
Policy Implications	Requires amendment to Cabonne Local Environmental Plan 2012
Budget Implications	No budget allocated for preparation of Planning Proposal. Could be integrated with Planning Proposal for reclassification of land at 6 Gidley Street, Molong
IPR Linkage	4.1 - Develop and implement the Land Use Plan, Development Control Plan and other relevant plans.
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\LAND USE AND PLANNING\ZONING\REZONING APPLICATIONS - 507697

Recommendation

THAT:

1. Council seek to reclassify land known as 10 William Street, Molong and described as Lot 5 in DP 1076034 from community to operational land;

2. A Planning Proposal be prepared in accordance with item 1 above for submission to the Department of Planning and Infrastructure for a Gateway Determination, and

3. Council seek delegation of the plan making functions in this matter.

Director of Environmental Services' REPORT

A review has been undertaken by staff of land within Cabonne Council that is either council owned or Crown land vested in council as trustee. The review has sought to identify those lands that are classified under the Local Government Act as ‘community’ or ‘operational’ land.

Community land is land that is held by council for the benefit and enjoyment of the community. Such land must be retained in council ownership and cannot be sold. A Plan of Management is required to be developed in consultation with the community with the plan acting as a guide for the maintenance and ongoing use of the land. Community land usually applies to sites such as parks and sports grounds. Operational land is land that council may retain or could sell (if the land is proved surplus to the needs of the community).

During the review of the council owned or managed land it was identified that

Council owned land at 10 William Street, Molong, contains a dwelling currently leased to the Director of Engineering and Technical Services. The land is classified as community land. The allotment is described as Lot 5 DP 1076034 and has an area of 1,150m2. It is part of a residential subdivision known as Molong Heights Estate and is adjacent to existing residential development.

It is suggested that the allotment should be reclassified as operational land. To facilitate the reclassification of land the amendment must be effected by way of a rezoning under the Cabonne Local Environmental Plan 2012. The process requires the preparation of a Planning Proposal for submission to the Minister of Planning and Infrastructure for determination under what is known as the Gateway Process. Once a Gateway determination is provided to enable the rezoning to proceed, the draft LEP is placed upon public exhibition. A public hearing must be facilitated as part of the process to reclassify community land to operational land.

Site plan

A Planning Proposal must demonstrate the strategic merit of the proposed amendment to the LEP and must be prepared in accordance with Departmental guidelines.

It is suggested that the preparation of a Planning Proposal to reclassify land known as 10 William Street, Molong be carried by council staff. The Planning Proposal could be prepared along with the proposed Planning Proposal to reclassify land at 6 Gidley Street, Molong, with the amending LEP including both allotments of land.

A budget has not been provided for this program, however funds have been identified for the preparation of the Gidley Street reclassification / rezoning. It is suggested that the preparation of the Planning Proposal for both reclassifications could be carried out by council staff within the existing budget. It is noted that should additional investigation / studies be required by the Department of Planning and Infrastructure such cost has not been included in council’s current budget.

As the reclassification of community land to operational land does not affect current or future land use, and the existing use of the land has no adverse impact upon community needs, it is unlikely that detailed studies would be required to support the reclassification of the land. Cost efficiencies would be afforded to council by facilitating the two land reclassifications under the one LEP amendment process, particularly as an independent public hearing is required as part of the process of the reclassification of land.

It is suggested that council support the proposal to reclassify land at 10 William Street, Molong, from community to operational land and that a Planning Proposal be prepared as the initial step in facilitating an amendment to the Cabonne Local Environmental Plan 2012.

ITEM 13 - REQUEST FOR REZONING OF INDUSTRIAL LAND AT EUGOWRA TO VILLAGE

REPORT IN BRIEF

Reason For Report	To seek council consideration of a Planning Proposal
Policy Implications	Amendment to Cabonne Local Environmental Plan may be required
Budget Implications	A budget has not been provided. Costs of between $10,000 and $40,000 may apply to the preparation of the Planning Proposal and coordination of the rezoning process subject to the required level of support documation.
IPR Linkage	4.1 - Develop and implement the Land Use Plan, Development Control Plan and other relevant plans.
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\LAND USE AND PLANNING\ZONING\REZONING APPLICATIONS - 507774

Recommendation

THAT Council determine whether or not it wishes to prepare a planning proposal to seek rezoning of land in Nanima Street, Eugowra from IN2 Light Industrial to become RU5 Village for submission to Department of Planning & Infrastructure for a Gateway Determination.

Director of Environmental Services' REPORT

The Environmental Services & Sustainability Committee at its meeting 8 October 2013 gave consideration to a request for the rezoning of land at Eugowra. The committee resolved that:

1) The council consider the community request to rezone land at Eugowra currently zoned IN2 - Light Industry to become R5 Village, and to rezone land to the south of Eugowra from RU1 Primary Production to IN2 Light Industry;

2) A report be provided to the November Environmental Services & Sustainability Committee with a cost benefit analysis for spot rezoning of Lot 163 DP 750182 Nanima Street, Eugowra.

The council at its meeting held on 15 October, 2013 adopted the above recommendation. (A separate report addresses the Casuarina Drive land.)

The following report addresses the request from landowners to rezone the area zoned IN2 Light Industry under Cabonne Local Environmental Plan 2012.

Background

The Nanima Street IN2 precinct is held in 13 separate land ownerships and includes 26 separate allotments in addition to the railway corridor and crown roads. Council has received a letter signed by residents of 6 properties seeking review of the zoning of the area and reinstatement of a Village zone over the precinct.

For the information of the committee the landownership of the area is as follows:

Landowner	Area of holding/ use	Seeks rezoning
LP Donaldson, Croydon NSW	2.1 ha – vacant
Canowindra Produce Co P/L	1ha – silos
State Rail	Approx. 8ha - vacant
Inglesole & Long, Croydon NSW	5381m2 lot with dwelling 1ha - vacant lot
Eugowra Produce Milling Co	Approx 3.4ha – industry
M Rue, Eugowra	4800m2 – dwelling 4900m2 – vacant	yes
CG & KB Morris, Queanbeyan	4200m2 – industry
E & RJ Hay P/L, Eugowra	2ha – timber mill 1.5ha – vacant
RM & CM Hay, Eugowra	1800m2 – dwelling	yes
KJ & NR Dixon, Eugowra	5 lots – 2 vacant 1644m2, dwelling and structure on remaining lots 32944m2	yes
BW Stanley & J Bray, Eugowra	5134m2 - dwelling	yes
LA Hoswell, Eugowra	5160m2 – dwelling	yes
AL Dent, Eugowra	2490m2 – dwelling	yes

Site plan

Aerial site plan

Council has also received communications from the Eugowra Progress and Promotions Association requesting the rezoning of the industrial land. Representatives of the association and local land holder Mr R Hay addressed the council at its meeting of 15 October 2013.

The initial concern from the association and landowners arises from a proposal for the sale of a vacant allotment described as Lot 163 in DP 750182. It is understood that an interested party considered the site for development of a truck depot or similar and also required a dwelling on site. The land was zoned IN2 Light Industry by the Cabonne Local Environmental Plan 2012, implemented on 18 January 2013. A truck depot is permissible within the zone subject to development consent. Development for residential accommodation, including dwellings, is not permissible within the zone.

The objectives of the IN2 zone are:

· To provide a wide range of light industrial, warehouse and related land uses,

· To encourage employment opportunities and to support the viability of centres

· To minimize any adverse effect of industry on other land uses,

· To enable other land uses that provide facilities or services to meet the day to day needs of workers in the area,

· To support and protect industrial land for industrial purposes.

The IN2 zoning was established to support employment and economic development opportunities at Eugowra, recognizing that there was a history of established industrial development in the precinct. Within the precinct are a number of private residences. These are protected by existing use right provisions established by state planning law.

Location of Lot 163

Council has been requested to rezone the IN2 land to RU5 Village. The zone of the area was previously 2(v) Village under the former planning provisions of Cabonne Local Environmental Plan 1991.

The objectives of the RU5 zone are:

· To provide for a range of land uses, services and facilities that are associated with a rural village

· To encourage and provide opportunities for development and local employment growth

· To ensure that development is compatible with surrounding land uses

Within the zone RU5 industries other than light industry are precluded (ie general industry, heavy industry, rural industry and extractive industry). Residential accommodation is permissible within the zone.

The IN2 zone was applied to support existing development and encourage growth and employment within Eugowra, while minimizing potential for future land use conflict.

The land owners seek rezoning of the land to RU5 Village to provide a broader range of land use permissibility, especially residential land use permissibility. Mr Hay has indicated to council during his presentation on 15 October 2013 of his interest in subdividing up to 3 allotments from the land currently associated with the sawmill site. He also indicated another owner was proposing to build a residence on land in their ownership.

It appears that there are currently only 2 vacant allotments with frontage to Nanima Street. Four allotments have frontage to crown roads or unformed council roads.

Further development of the area is likely to be subject to subdivision of existing land. The industrial zone currently does not establish a minimum lot size for subdivision. Rezoning the land to RU5 will introduce a minimum lot size of 900m2. No assessment has been done for either zone as to maximum potential for future subdivision. The allotments currently reflect a survey pattern largely unaltered on the eastern side of Nanima Street, and reflects some small scale subdivision on the western side of the street c1970.

The background to the current industrial land zone reflects the strategy outcomes established in the Eugowra Settlement Strategy 2008. The key strategies for growth of the village are summarized in the map below, which in turn was reviewed as part of the 2012 Cabonne Settlement Strategy. These documents formed the background to the 2012 Cabonne LEP.

Planning Proposal

The LEP process encourages regular review and adjustment to planning provisions to provide for sound strategic outcomes. To facilitate rezoning of land a Planning Proposal must be prepared. The Planning Proposal must demonstrate the strategic merit of the proposed LEP amendment and provide sufficient information to enable determination by the Minister of Planning and Infrastructure to enable the process to proceed to rezoning. This is referred to as the ‘Gateway Process’.

A Planning Proposal may be prepared by council, a landowner or developer, or by a third party on behalf of council or the land owner. Once a Planning Proposal has been prepared based on established guidelines, it must be referred to the Minister for Planning and Infrastructure by the relevant planning authority (in this case – Cabonne Council)

Council has in effect been requested to prepare the Planning Proposal to amend the IN2 zoning at Eugowra to RU5 Village of the Cabonne LEP 2012. Preparation of the Planning Proposal would require significant time and may require specialist advice and reporting. The cost of the work is dependent upon the complexity of the issues to be addressed and the requirements of the Department of Planning and Infrastructure ie whether an Environmental Impact Study or site contamination studies are required.

Approaches to several local consulting firms indicate costs to carry out the Planning Proposal ranges between $10,000 and $40,000. The latter fee including preparation of a precinct plan establishing the framework for development of the area for residential use, thus enabling individual land owners to develop individual allotments within the context of an overall adopted subdivision pattern for the area. Additional costs may apply should additional studies be required by the Department of Planning to support the proposed rezoning.

Cost – benefit

The current zoning of IN2 supports the existing industrial investment in the precinct. A range of industrial development and support services are permissible within the zone. Existing use rights protect existing residences within the area.

Only two existing vacant allotments, having frontage to a sealed road (Nanima Street), are located in the precinct.

Also within the precinct are vacant allotments fronting unformed road reserves. Costs of constructing roadways and accesses would be a development cost to the landowner.

Rezoning to a village zone would enable a wider range of land uses including residential dwellings. Uses would be subject to development consent. The initial benefit to the community may be the potential of two additional residential allotments.

Proposals to subdivide land would be subject to merit based development assessment. The landowner / developer would be responsible for addressing site specific matters such as provision of water / sewer/ electricity and telephone services, vehicular access, site suitability for end use ie assessment of flood impact / groundwater vulnerability / biodiversity. These matters would apply to the land regardless of its zone as either industrial or village.

Land use options

The IN2 zone was established to support existing industrial development and to encourage employment opportunities for Eugowra. Retaining the existing zoning supports the strategic planning previously adopted by council.

Council however has been requested by landowners to rezone the IN2 area to village. The Eugowra Promotions and Progress Association in correspondence to council has indicated that in their opinion the land currently zoned IN2 may not be saleable, and suggest a diminished market interest in industrial land at Eugowra. Council may consider the request to rezone the IN2 area to RU5 Village to enable a broad mix of land uses.

Council by its resolution of 15 October 2013 has indicated consideration of a possible rezoning of one subject lot being Lot 163 DP 750182. This land has an area of 4982m2 and is vacant land having frontage to Nanima Street and a crown lane. It has been suggested by the Nanima Street residents that local real estate advice has indicated that the market value of the allotment as industrial land is $25,000 to $30,000 while the residential value of the vacant allotment is $50,000. From information available to council the current unimproved capital value of the allotment may be approximately $36,000.

It is suggested that if consideration is given to the spot rezoning of Lot 163 DP 750182, it may be more pertinent to review the IN2 zone.

ITEM 14 - REQUEST TO REZONE COUNCIL OWNED LAND AT EUGOWRA TO LIGHT INDUSTRIAL

REPORT IN BRIEF

Reason For Report	To obtain council's direction
Policy Implications	May require amendment to Cabonne Local Environmental Plan
Budget Implications	Budget has not been provided for the implementaion of the approved subdivision of the subject land or for studies and preparation required to develop a Planning Proposal
IPR Linkage	4.1 - Develop and implement the Land Use Plan, Development Control Plan and other relevant plans.
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\LAND USE AND PLANNING\ZONING\REZONING APPLICATIONS - 508529

Recommendation

THAT Council determine the future direction for the Casuarina Drive, Eugowra land.

Director of Environmental Services' REPORT

Council has received correspondence from the Eugowra Progress and Promotion Association requesting the rezoning of council owned land described as Lot 87 in DP 1100661Casuarina Drive, Eugowra, from RU1 Primary Production to Industrial. The association also request that council develop the site immediately as an industrial estate.

The request was reported to the Environmental Services and Sustainability Committee on 8 October 2013. Council at its meeting of 15 October resolved to consider the request.

Background

Located to the south of the village of Eugowra off Casuarina Drive, Lot 87 in DP 1100661 was registered in August 2006 following a 2 lot subdivision and consolidation of agricultural land. Created in accordance with clause 12(2) of Cabonne Local Environmental Plan 1991, the 22.26ha allotment was approved as an agricultural allotment. As the allotment was below the minimum 100ha area a restriction as to user was registered upon the allotment prohibiting a dwelling upon the land.

Council facilitated the subdivision and acquired Lot 87 in September 2006 for $160,000. Council’s acquisition of the land was with the intent of land banking to provide a stock of land for future industrial development. It is understood that at the time enquiry had been made by a company seeking industrial land at Eugowra and was unable to locate suitable land within the village area or surrounding area. While industry was a permitted use within the village and upon rural land under the planning provision in force at the time, council saw public benefit in holding land for possible industrial development and negotiated to acquire the subject land.

Subject land

DA 2007/163 was lodged in December 2006 for the subdivision of Lot 87 to create 11 allotments for future industrial use. The allotments were to range in size from 4000m2 to 20ha. A cul de sac was to be constructed to service 8 lots. Power, water and sewerage along with kerb and gutter were to be provided. Sufficient detail however was not provided with the initial DA and quotes were obtained from independent consultants to prepare a Statement of Environmental Effects to support the proposal.

Council appointed Saunders and Staniforth to prepare an amended SoEE. The fee to prepare the documentation was $2,200. Council contracted Carpenter Collins & Craig to provide subdivision design work at a cost of $34,100.

A planning assessment of the proposed subdivision was considered by Council’s Environmental Services and Sustainability Committee and development consent was issued on 3 August 2011. The consent remains valid until 3 August 2016.

In November 2011 indicative costings were provided based upon the requirements of the development consent. Construction costs for the 11 lot development were estimated to be $613,800 (plus land and associated costs of over $200,000) including reticulated sewer and $527,000 if on-site waste disposal was nominated.

In April 2012 council resolved to apply for a modification of the development consent to stage the development and to create two allotments initially (being two lots with frontage to Casuarina Drive) and that the remaining 9 lots be included in a later stage of development.

Cost estimates to provide the requirements for power, access, geotechnical report, flood impact information, water headworks charges, landscaping, site boundary fencing, preparation of survey and linen plans and lodgment of the final plan for the 2 proposed industrial lots and the development lot was $74,245 or $37,122 (not including land costs) for each of the two proposed industrial allotments. The development costs reflect on site waste systems to be provided as reticulated sewer is not proposed to be connected.

Recent correspondence from Nanima Street residents suggests that real estate advice obtained by them indicated the current market place value of a 4000m2 industrial allotment at Eugowra is worth approximately $25,000 to $30,000. Based on such information the economics of developing council’s Casuarina Drive land at this time should be considered carefully before council commits funds to the endeavor.

A modification application was submitted and approval granted by council in June 2012. As a budget allocation has not been identified by council for the development of the subject land there has been no further action to implement the development consent.

During 2009-2013 council prepared its Standard Instrument Local Environmental Plan which came into effect on 18 January 2013. During the LEP process consideration was given to the strategic planning provisions for Eugowra and its surrounding area. Community and public agency consultation was carried out. Growth and development statistics were reviewed. Local, regional and state policies and strategies were drawn upon in carrying out the review.

Council resolved to identify the Casuarina Drive land as a future investigation area for industry and so as not to delay the progress of the shire wide draft LEP that a Planning Proposal would be prepared at a later date for the council owned land. Existing industrial operations at Eugowra were recognized with inclusion of an industrial zone around the southern end of Nanima Street. Low impact industrial development was also permitted within the general village zone. It was identified in the Eugowra Settlement Strategy that the predicted demand for uptake of raw industrial land over the next decade, based upon recent trends) was approximately 2ha. It was noted that the Nanima Street area had approximately 10ha of vacant land adjoining existing industrial development and potentially could provide for immediate land release.

Council also considered that capital investment in developing and rezoning its Casuarina Drive land may be significant and that development of the site should be activated only when investor demand for land in the estate occurred.

As stated at the beginning of this report council has been requested by the Eugowra Progress and Promotion Association to proceed with both the rezoning of the Casuarina Drive land and the construction of stage 1 of the subdivision.

It must be noted that future industrial development of either or the 2 proposed allotments would need to be in accordance with Cabonne LEP 2012 and the RU1 zone currently permits uses such as rural industries, truck depots, plant nurseries and landscape material supplies. Use of the land for light or general industrial use is not permitted by the LEP and rezoning of the land would be required to accommodate such uses.

Should council resolve to rezone the land it will be necessary to prepare a Planning Proposal for submission to the Department of Planning and Infrastructure for determination under the Gateway process. Enquires of several locally based planning consultants, the approximate fee for preparation of the documentation may range between $10,000 and $40,000, with costs likely to be at the higher end of this scale.

Should additional studies be required to support the proposal then additional costs would apply. A Planning Proposal could be provided within an 8 week time frame. If council were to proceed with the Planning Proposals sought for this land and also the Nanima Street land (refer to separate report), cost savings may be achieved by the appointment of one consultant to prepare both Planning Proposals.

In making a determination in relation to this request, Council should consider the economic viability of the proposal, which based on the above information, would result in losses to Council on even the low cost (2 lot subdivision) option and possible future commitments exceeding $500,000.

ITEM 15 - 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.g - Code of Meeting Practice adopted and implemented.
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\PROCEDURES - 500120

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.

Reason For Report	To advise council of recent changes to state legislation that enable council to make interim heritage orders
Policy Implications	Additional authority to council to protect environmental heritage
Budget Implications	Nil
IPR Linkage	4.3.2.i - Ensure items and places of heritage significance are adequately protected
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GRANTS AND SUBSIDIES\PROGRAMS\HERITAGE GRANTS 2013 - 507503