cabonne Council colour 200 wide

 

 

 

 

 

 

 

 

 22 October 2014

 

 

NOTICE OF ORDINARY COUNCIL MEETING

 

Your attendance is respectfully requested at the Ordinary Meeting of Cabonne Council convened for Tuesday 28 October, 2014 commencing at 1.00pm, at the Cabonne Council Chambers, Bank Street, Molong to consider the undermentioned business.

 

Please note there will be a Development Application debriefing commencing at 10.30am.

 

The Directors will be available for consultation on matters contained in the business paper prior to lunch which will be provided from 12.00pm.

 

 

Yours faithfully,

GM - A Hopkins Signature

Andrew L Hopkins

GENERAL MANAGER

 

 

ORDER OF BUSINESS

 

1)       Open Ordinary Meeting

2)       Consideration of Mayoral Minute

3)       Consideration of General Manager’s Report

4)       Resolve into Committee of the Whole

a)    Consideration of Called Items

b)    Consideration of Closed Items

5)      Adoption of Committee of the Whole Report

 

 

 

 

 


 

ATTENDEES – OCTOBER 2014 COUNCIL MEETING

 

 

1.00pm

Courtney Cusack – Youth of the Month

 

Kylie Winkworth & Alison Russell – update to Council on the Regional Museums Project (20 minutes)

 

John O’Malley – Auditor update to Council (will be joining Councillors for lunch)

 

The following staff members have been invited to attend the Council Meeting and will also be joining Councillors for Lunch.

·         Lynne Hawkes

·         Rodney Chown

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

 

http://cc2k/intranet/images/cabonne%20Council%20colour.JPG

 

 

 

COUNCIL’S MISSION
“To be a progressive and innovative Council which maintains relevance through local governance to its community and diverse rural area by facilitating the provision of services to satisfy identified current and future needs.”
 

 

 


         

 

 

 

 

 

 

 

 

COUNCIL’S VISION
Cabonne Council is committed to providing sustainable local government to our rural communities through consultation and sound financial management which will ensure equitable resource allocation.
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 


GENERAL MANAGER’S REPORT ON MATTERS FOR DETERMINATION SUBMITTED TO THE Ordinary Council Meeting TO BE HELD ON Tuesday 28 October, 2014

Page 1

TABLE OF CONTENTS

 

 

 

ITEM 1      APPLICATIONS FOR LEAVE OF ABSENCE.................................. 5

ITEM 2      DECLARATIONS OF INTEREST....................................................... 5

ITEM 3      DECLARATIONS FOR POLITICAL DONATIONS.......................... 6

ITEM 4      MAYORAL MINUTE - APPOINTMENTS........................................... 6

ITEM 5      COMMITTEE OF THE WHOLE........................................................... 7

ITEM 6      GROUPING OF REPORT ADOPTION.............................................. 7

ITEM 7      CONFIRMATION OF THE MINUTES................................................. 8

ITEM 8      PECUNIARY INTEREST RETURNS 2014........................................ 9

ITEM 9      ACACIA LODGE UPDATE.................................................................. 9

ITEM 10    ORANGE COWRA ORANGE BIKE RIDE...................................... 10

ITEM 11    NSW GRAIN HARVEST MANAGEMENT SCHEME 2014-2016 11

ITEM 12    PROPOSED NAME FOR EUGOWRA PARK AREA.................... 13

ITEM 13    CROWN LAND LICENCE FOR MOLONG COMMUNITY CHURCH   15

ITEM 14    CUMNOCK STREET TREE MASTER PLAN................................. 17

ITEM 15    TRANSFER OF TWO SMALL PORTIONS OF CROWN ROAD TO COUNCIL   19

ITEM 16    REPRESENTATION ON WESTERN (CABONNE) JOINT REGIONAL PLANNING PANEL................................................................................................... 20

ITEM 17    FUTURE DIRECTIONS FORUM....................................................... 21

ITEM 18    NATIONAL STRONGER REGIONS FUND.................................... 22

ITEM 19    INTEGRATED PLANNING & REPORTING - OPERATIONAL PLAN FIRST QUARTER REVIEW............................................................................ 23

ITEM 20    PROCUREMENT (INCLUDING LOCAL PREFERENCE) POLICY 24

ITEM 21    DECEMBER AND JANUARY COUNCIL MEETINGS.................. 26

ITEM 22    PUBLIC LIBRARY INFRASTRUCTURE GRANTS 2014/15....... 27

ITEM 23    TO REQUEST DELEGATED AUTHORITY FOR GENERAL MANAGER    28

ITEM 24    YEOVAL ANNUAL SHOW................................................................. 29

ITEM 25    POLICY DATABASE - PROPOSED CHANGES........................... 33

ITEM 26    REQUESTS FOR DONATIONS........................................................ 33

ITEM 27    MOLONG RSL SUB BRANCH REQUEST FOR ASSISTANCE. 35

ITEM 28    PRESENTATION DAYS AT CABONNE SCHOOLS.................... 37

ITEM 29    EVENTS ASSISTANCE GRANT FUNDING................................... 38

ITEM 30    2014 REGIONAL ACHIEVEMENT & COMMUNITY AWARDS . 40

ITEM 31    COMMUNITY ASSISTANCE PROGRAM APPLICATIONS........ 40

ITEM 32    SUPPLY AND DELIVERY OF ROAD SIGNS TO CENTRAL NSW COUNCILS  43

ITEM 33    RELOCATION OF ENGINEERING AND TECHNICAL SERVICES TO MOLONG................................................................................................................. 45

ITEM 34    CONTRACT 451230 MOLONG LEVEE VARIATION................... 47

ITEM 35    CONTRACT 451164 - INVESTIGATION AND DESIGN OF PUZZLE FLAT CREEK LEVEE.................................................................................................... 47

ITEM 36    COVENANT APPLYING TO LOT 201 DP 1064871, 2 JAMES DALTON DRIVE, WINDERA.............................................................................................. 49

ITEM 37    MODIFICATION OF DEVELOPMENT APPLICATION 2014/123 - RETAIL PREMISES (MARKET) - 63 KIEWA STREET, MANILDRA........ 51

ITEM 38    MODIFICATION APPLICATION DA 2007/09 - FOUR LOT SUBDIVISION, "AVONDALE", SPRING HILL BEING LOTS 5, 9 AND 14 DP 243203, LOTS 89, 90, 92 DP 750387, LOT 1 DP 651187 AND LOT 1 DP 1036935, SPRING HILL ROAD, SPRING HILL....................................................................................... 60

ITEM 39    DEVELOPMENT APPLICATION 2012/148 - INDUSTRY (STEEL FABRICATION) AND ALTERATIONS /ADDITIONS TO CAR REPAIR STATION - LOT 2 SECT 3 DP 758221, ROBINSON STREET, CANOWINDRA............................ 72

ITEM 40    MODIFICATION TO DA 2010/0177 FOR ANIMAL BOARDING AND TRAINING ESTABLISHMENT AND ANCILLARY DWELLING ON LOT 100 DP 1145134, CORNER FOUR MILE CREEK ROAD AND GILES ROAD........ 74

ITEM 41    TWO LOT SUBDIVISION ON LOT 14 DP 1131133, SPRING HILL ROAD, SPRING HILL........................................................................................................ 82

ITEM 42    REQUEST FOR REIMBURSEMENT OF DEVELOPMENT APPLICATION FEES - 2014/153 - GOAT PAVILLION - LOT 131 DP 756883, EUCHAREENA ROAD, MOLONG............................................................................................... 97

ITEM 43    QUESTIONS FOR NEXT MEETING................................................ 98

ITEM 44    BUSINESS PAPER ITEMS FOR NOTING...................................... 99

ITEM 45    MATTERS OF URGENCY................................................................. 99

ITEM 46    COMMITTEE OF THE WHOLE SECTION OF THE MEETING 100

Confidential Items

 

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

 

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

Procedural

ITEM 2      ENDORSEMENT OF PROCEEDINGS OF CONFIDENTIAL MATTERS CONSIDERED AT COMMITTEE OF THE WHOLE MEETING

Procedural

ITEM 3      REQUEST TO WAIVE CHARGES

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

ITEM 4      REQUEST FOR CONSIDERATION OF WATER CONSUMPTION COSTS - ACCOUNT 4589.10000.9

(b) matters in relation to the personal hardship of a resident or ratepayer

ITEM 5      REQUEST FOR CONSIDERATION OF INTEREST ON RATES ASSESSMENT A41870

(b) matters in relation to the personal hardship of a resident or ratepayer

ITEM 6      NETWASTE - REGIONAL WASTE TENDER 2014014

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

 

ANNEXURE ITEMS

 

ANNEXURE 7.1    September 16 2014 Ordinary Council minutes 102

ANNEXURE 7.2    October 7 2014 Extraordinary Council minutes 128

ANNEXURE 10.1  Traffic Committee 2014 08 28 - Orange Cowra Orange Bike Ride Information......................................................... 131

ANNEXURE 10.2  Traffic Committee 2014 08 28 - Orange Cowra Orange Bike Ride Insurance.............................................................. 171

ANNEXURE 19.1  IPR Operational Plan 1st Quarter Updates 2014 2015         172

ANNEXURE 22.1  Letter from Minister Troy Grant.................... 229

ANNEXURE 25.1  Draft Policy on service......................................... 231

ANNEXURE 25.2  Draft Policy on limits on service and communication     239

ANNEXURE 32.1  Tender evaluation report................................... 244

ANNEXURE 36.1  2 James Dalton Lane................................................. 250

ANNEXURE 38.1  Subdivision Plan - DA2007/09................................... 254

ANNEXURE 39.1  Planning assessment report DA 2012/148.... 256

ANNEXURE 40.1  Draft conditions of consent ............................ 270 

 


 

 

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 - 587828

 

 

Recommendation

 

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

 

General Manager's REPORT

 

A call for apologies is to be made.

 

 

ITEM 2 - DECLARATIONS OF INTEREST

REPORT IN BRIEF

 

Reason For Report

To allow an opportunity for Councillors to declare an interest in any items to be determined at this meeting.

Policy Implications

Nil

Budget Implications

Nil

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 AND STAFF DECLARATION OF INTEREST - 2014 - 587830

 

 

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 - 587831

 

 

Recommendation

 

THAT any Political Donations be noted.

 

General Manager's REPORT

 

A call for Declarations of any Political Donations.

 

 

ITEM 4 - MAYORAL MINUTE - APPOINTMENTS

REPORT IN BRIEF

 

Reason For Report

To allow noting of the Mayoral appointments plus other Councillors' activities Reports.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

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

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\MAYORAL MINUTES - 587844

 

 

Recommendation

 

THAT the information contained in the Mayoral Minute be noted.

 

General Manager's REPORT

 

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

 

 

ITEM 5 - COMMITTEE OF THE WHOLE

REPORT IN BRIEF

 

Reason For Report

Enabling reports to be considered in Committee of the Whole to be called.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.1.a. Provide quality administrative support and governance to Councillors and Residents

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\GROUPING OF REPORT ADOPTION and BUSINESS PAPER ITEMS FOR NOTING REPORTS - 589244

 

 

Recommendation

 

THAT Councillors call any items that they wish to be debated in Committee of the Whole.

 

Director of Finance and Corporate Services' REPORT

 

Council’s Code of Meeting Practice allows for the Council to resolve itself into “committee of the whole” to avoid the necessity of limiting the number and duration of speeches as required by Clause 250 of the Local Government (General) Regulation 2005.

 

This item enables councillors to call any item they wish to be debated in “committee of the whole” at the conclusion of normal business.

 

 

ITEM 6 - GROUPING OF REPORT ADOPTION

REPORT IN BRIEF

 

Reason For Report

Enabling procedural reports to be adopted.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

 4.5.1.a - Provide quality administrative support and governance to councillors and residents.

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\GROUPING OF REPORT ADOPTION and BUSINESS PAPER ITEMS FOR NOTING REPORTS - 587845

 

 

Recommendation

 

THAT:

 

1.          Councillors call any items they wish to further consider

2.          Items 7 to 16 be moved and seconded.

 

 

Director of Finance and Corporate Services' REPORT

 

Item 7 to 16 are considered to be of a procedural nature and it is proposed that they be moved and seconded as a group. Should any Councillor wish to amend or debate any of these items they should do so at this stage with the remainder of the items being moved and seconded.

 

 

ITEM 7 - CONFIRMATION OF THE MINUTES

REPORT IN BRIEF

 

Reason For Report

Adoption of the Minutes

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

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

Annexures

1.  September 16 2014 Ordinary Council minutes

2.  October 7 2014 Extraordinary Council minutes    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - MINUTES - 2014 - 587846

 

 

Recommendation

 

THAT the minutes of the Ordinary meeting held 16 September 2014 and the Extraordinary meeting held 7 October 2014 be adopted.

 

General Manager's REPORT

 

The following minutes are attached for endorsement.

 

1.   Minutes of the Ordinary Council meeting held on 16 September  2014; and

2.   Minutes of the Extraordinary Council meeting held on 7 October 2014.

 

 

 

ITEM 8 - PECUNIARY INTEREST RETURNS 2014

REPORT IN BRIEF

 

Reason For Report

Advising that as required by Section 450A of the Local Government Act (1993) the Pecuniary Interest Returns for the 2013/2014 period are to be tabled.

Policy Implications

Consistent with Code of Meeting Practice

Budget Implications

Nil

IPR Linkage

4.5.1.g - Code of Meeting Practice adhered to

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\PERSONNEL\DISCLOSURE\STAFF PECUNIARY INTEREST RETURNS 2014 - 571850

 

 

Recommendation

 

THAT Council note the tabling of Pecuniary Interest Returns for the period to 30 June 2014.

 

Administration Manager's REPORT

 

Pecuniary Interest Returns (Returns) for the period to 30 June 2014 must be tabled at the Council meeting immediately following 30 September each year.

 

At the time of writing, all councillors and designated staff have submitted their returns.

 

ITEM 9 - ACACIA LODGE UPDATE

REPORT IN BRIEF

 

Reason For Report

Approval is sought to proceed to a selective tendering process for the construction of new units

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

3.2.1.b. Facilitate retirement and aged care projects

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\COMMUNITY SERVICES\SERVICE PROVISION\ACACIA LODGE MOLONG AND BOREE LODGE CUDAL - 588976

 

 

Recommendation

 

THAT Council authorise selective tendering for the construction of accommodation for the aged on behalf of the Acacia Lodge Committee at Lot 111 DP 1007660 Edward Street, Molong.

 

Community Services Manager's REPORT

 

Council acquired a property at Lot 111 DP 1007660 Edward Street Molong in mid 2013 funded by the Acacia Lodge Committee for the construction of housing for the aged.

 

The Committee wishes to proceed with this project now and will be funding this from accumulated funds, the sale of one property and will take out a loan for the balance.

 

The Committee wishes to construct quality units designed to meet the needs of its residents and will be providing these on a rental basis.

 

The favoured method of obtaining quotes for the construction is to call for expressions of interest from builders who will submit their own designs for the project that will meet Council’s broad requirements.

 

The loan for the construction will be serviced from rental income from the Aged Units.

 

 

ITEM 10 - ORANGE COWRA ORANGE BIKE RIDE

REPORT IN BRIEF

 

Reason For Report

For Council to ratify the recommendations of the Traffic Committee

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.1.a. Provide quality administrative support and governance to Councillors and Residents

Annexures

1.  Traffic Committee 2014 08 28 - Orange Cowra Orange Bike Ride Information

2.  Traffic Committee 2014 08 28 - Orange Cowra Orange Bike Ride Insurance    

File Number

\OFFICIAL RECORDS LIBRARY\CORPORATE MANAGEMENT\MEETINGS\TRAFFIC COMMITTEES - 586884

 

 

Recommendation

 

THAT Council approve the event subject to:

1.   Implementation of the Risk Management Plan and Traffic Management Plan, in accordance with the “Guide to Traffic and Transport Management for Special Events” (RTA, v3.4 August 2006) for a Class 2 event

2.   NSW Road rules being observed by participants at all times

3.   Written approval being obtained from NSW Police

4.   Written approval being obtained from all affected local government authorities

5.   Council being provided with an updated copy of the $20M Public Liability Insurance Policy indicating Cabonne Council’s interests, with the date and location of the event

6.   The event organiser notifying all emergency services of the event

7.   All riders wear High Visibility Clothing when on public roads

 

Director of Engineering and Technical Services' REPORT

The Orange – Cowra – Orange Charity Bike Ride is scheduled to be held from 1-2 November 2014. This ride seeks to raise funds for the local branch of the Cancer Council.

The event includes cycling from Orange to Cowra via Blayney on 1 November then returning to Orange via Canowindra on 2 November. The route specified primarily uses rural roads – a detailed breakdown is provided in the annexure to this report.

The Traffic Committee recommends approval of the event subject to the appropriate documentation of safety measures and insurance, as listed in the recommendation.

 

ITEM 11 - NSW GRAIN HARVEST MANAGEMENT SCHEME 2014-2016

REPORT IN BRIEF

 

Reason For Report

To seek Council's support for the continuation of the NSW Grain Harvest Management Scheme.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

2.3.1.a. Review the Business Development Assistance Program

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\TRAFFIC AND TRANSPORT\PERMITS\WEIGHT LOAD LIMITS - INCLUDING B DOUBLES - 588062

 

 

Recommendation

 

THAT Council supports the NSW Grain Harvest Management Scheme 2014-2016.

 

Director of Engineering and Technical Services' REPORT

At its meeting of August 2013, Council resolved to support the NSW Transport Grain Harvest Management Scheme 2013/14.  The Scheme contained ten key elements, principally including the flexibility of up to 5% over General Mass Limits (GML) for eligible grain vehicles.

An independent review of the 2013/14 Scheme has been completed with Cabonne Council being part of the review.  As a result of the review, Transport for NSW (TfNSW) has advised of the continuation of the Scheme.  The TfNSW review found that the Scheme provided a high degree of visibility on the grain transport task during the harvest, specifically in relation to load masses.  The review found overall support for the Scheme, which seeks to provide a productivity benefit for growers and a higher degree of visibility to road managers of the use of road assets.  Analysis conducted by TfNSW revealed low levels of non-compliance across all truck types and areas.

Roads and Maritime Services has been working with TfNSW to plan the ongoing management of the Scheme in line with the review.  This has required significant consultation with the National Heavy Vehicle Regulator (NHVR) on the regulatory framework for the Scheme to ensure that an amended order is aligned with the Heavy Vehicle National Law (HVNL).

A NSW Grain Harvest Management Scheme (GHMS) is proposed for 2014-2016.  As per last year, the following elements of the Scheme remain the same:

·    Eligible truck types.

·    The GHMS allows up to 5% over the General Mass Limit (GML) for travel from farms to the first practicable participating receiver across regional NSW.

·    The inclusion of participating councils only.

·    The conditions required for a grain receiver to participate.

 

As a result of the review, a number of Scheme changes will be implemented.  These are:

1.   The period of the Scheme will run from 1 October 2014 to 30 June 2016

2.   A broader range of grains will be included:

a.   Cereals (Wheat, Barley, Rice, Oats, Triticale, Sorghum, Maize, Millets)

b.   Oilseeds (Canola, Sunflowers, Monola, Safflower)

c.   Pulses (Chickpeas, Faba beans, Lupins, Mung beans, Field peas, Soybeans, Vetch, Lentils)

3.   The removal of the National Heavy Vehicle Accreditation Scheme (NHVAS) mass management module enrolment or approved on-board mass scales as a requirement of the Scheme

4.   Under the HVNL the ‘three strikes’ and immediate removal process that operated in the last harvest period will be removed as it does not conform with the HVNL provisions.

Some aspects of the 2013/14 Scheme will be dealt with differently under the HVNL.  Local councils, as road managers under the HVNL, are responsible for consenting to access to the roads they manage.  Councils may restrict the time the Scheme concessional limits apply in their council areas and may also request any road or travel conditions as defined under the HVNL.

Roads and Maritime will conduct a comprehensive enforcement campaign which will provide significant compliance operation resources to the grain harvest transport task.

While the ‘three strikes’ process is no longer stipulated in the notice, it has been replaced by compliance monitoring and enforcement.  Details of the overloads will be reported to Roads and Maritime by participating grain receivers and analysed for compliance management and enforcement.  Additional measures may be put in place by receivers to maintain a low incidence of industry overloading.

Cabonne Council has been invited to participate in the Scheme in accordance with the GHMS notice as detailed above.  Council’s experience of the 2013/14 Scheme was that there was benefit in being part of the Scheme.  As such, it is recommended that Council determine to participate in the 2014-2016 Scheme.

 

 

 

ITEM 12 - PROPOSED NAME FOR EUGOWRA PARK AREA

REPORT IN BRIEF

 

Reason For Report

Seeking Council approval to advertise a proposed name for a Eugowra park area and seek public response

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

3.3.3.b. Maintain Sporting Facilities to safe operational standards

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\COUNCIL PROPERTIES\USAGE\PARKS - 579384

 

 

Recommendation

 

THAT:

1.   Council advertise the proposed name change and seek public submissions on the proposal;

 

2.   The public be given 30 days to provide submissions;

 

3.   Another report will be submitted to Council if any submissions have been received; and

 

4.   If no submissions are received, Council name the designated park area (Lots 7, 8 and 9, DP 758396) Byrnes Park.

 

Urban Assets Coordinator's REPORT

 

Council has received a request from the Eugowra Promotion and Progress Association (EPPA) to designate an un-named area of parkland in Eugowra as “Byrnes Park” to commemorate an early explorer of the area.

 

The currently un-named parkland is situated next to the Mandagery Creek to the west of the bridge. The creek forms the eastern and southern boundaries. It is bounded by Broad Street to the north and Myall Street to the west. The land was purchased by Council around ten years ago as a voluntary purchase of a flood affected property.

 

The land is approximately 0.4 hectares in area and is approximately 130 metres long and 36 metres wide. It is identified in Council’s records as lots 7, 8 and 9, DP 758396. It is classed as operational land.

 

An old house on the property was demolished after purchase and the land was cleared. The land is now kept as a low use open space. Recently a gravel road was constructed to provide access to a caravan dump point and to provide occasional parking for caravans and motor homes. It is currently maintained by Council in accordance with the Asset Management Plan. There are some small trees that were planted by Council around the park perimeter. The area is subject to flooding from the Mandagery Creek. The EPPA mow the grass and the area is well presented.

Formally naming the area as “Byrnes Park” will not alter maintenance levels but would give Eugowra residents and the EPPA a greater sense of ownership and pride in maintaining the area. 

 

The map below indicates the area of parkland (outlined) for renaming as Byrnes Park.

 4116512

 

It is recommended that Council advertise the proposed name change for 30 days and seek public submissions on the proposal.  Should any submissions be received a further report will be presented to council.  If no submissions are received it is recommended that Council name the designated park area (lots 7, 8 and 9, DP 758396) Byrnes Park

 

ITEM 13 - CROWN LAND LICENCE FOR MOLONG COMMUNITY CHURCH

REPORT IN BRIEF

 

Reason For Report

Seeking Council authorisation to affix Council seal to the the licence and for the General Manager and Mayor to sign.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.2.1.a - Promote the level of cultural facilities in Cabonne

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\COUNCIL PROPERTIES\USAGE\SPORTING FACILITIES - 581030

 

 

Recommendation

 

THAT Council authorise the affixing of the Council seal to the license between Council and the Molong Community Church and for the General Manager and Mayor to sign.

 

Urban Assets Coordinator's REPORT

 

For several years the former Guides Hall at the Molong Recreation Ground has been utilised by the Molong Community Church for services. The church has at its own expense made repairs and renovations to the interior of the building. Council has recently carried out repairs to the veranda roof and guttering.

 

The building is situated within the recreation ground in Edward Street opposite the Molong Police Station. It is approximately 300 square metres in area. It is part of reserve R590023 gazetted on the 30 July 1875 for Public Recreation.

 

 

NSW Crown Lands provide a standard licence agreement to replace old lease agreements for use of Crown land by various parties. This is not a new process for Council as a number of similar licence agreements are in place for the Yeoval showground, the Molong showground and the former Cargo Baby Health Centre. The implementation of the licence agreement for the Molong Community Church will be consistent with these other licences.

 

The licence agreement is for ten years from 1 October 2014 to 30 September 2024. Crown lands stipulate annual licence fees to be paid to Council by the licensee as $458.00 p. a.  The Molong Community Church has written to Council confirming that this fee is acceptable.

 

The licence requires the Molong Community Church and Council to sign and seal the licence prior to formal Ministerial sign off by Crown Lands. 

 

Council is now in a position to finalise the lease and to affix the Council seal.

 

 

ITEM 14 - CUMNOCK STREET TREE MASTER PLAN

REPORT IN BRIEF

 

Reason For Report

Seeking Council approval for amendment to Cumnock Street Tree Master Plan

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.3.1.f - Complete annual street tree planting program

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\ECONOMIC DEVELOPMENT\LIAISON\CUMNOCK and DISTRICT PROGRESS ASSOCIATION - 581542

 

 

Recommendation

 

THAT Council approve an amendment to the Cumnock Street Tree Master Plan to incorporate Prunus ‘Elvins’ as a replacement species for planting under or near power lines in Obley Street Cumnock (refer to Fig.1).

 

 

Urban Assets Coordinator's REPORT

 

At Council’s ordinary meeting of 24 June 2014, Council resolved that draft amendments to the Cumnock Street Tree Master Plan be advertised for public comment and a further report be submitted to Council. This report is in accordance with the Council resolution.

 

Fifteen years ago Council commissioned Street Tree Master Plans for all of its towns and villages. The Street Tree Master Plans are used as guides for suitable species of trees in various key locations around town. Recently the Cumnock Progress Association (CPA) approached Council to remove some dead and dying trees and to carry out a tree planting program.

 

The proposed amendment to the planting scheme was advertised on the front page of the “Cumnock Progress Review” of July 2014. Written submissions from the public were invited and closed on 29 August 2014. One submission was received from the CPA.

 

The submission from the CPA highlighted some unsuitable species of trees along the eastern side of Obley Street due to the presence of power lines (see Fig.1 showing affected area).

 

The species originally selected for the eastern side of Obley Street were Golden Ash and Chinese Elm. These species are too large for the situation resulting in unsightly trench cutting to allow the safe passage of power lines through the branch structure of the existing trees. The preferred situation would be to have tree species planted near the power lines that will not grow too large to cause any problems.

 

After discussion on site with the CPA a preferred replacement species that would be suitable in terms of climate and size was identified. The species identified is Prunus ‘Elvins,’ a small growing deciduous tree similar in size and shape to the Purple Leafed Prunus commonly planted around Molong.

 

An example of prunus ‘Elvins’ is shown below.

 

Prunus ‘Elvins’

 

http://ts1.mm.bing.net/th?&id=HN.608032726506472885&w=300&h=300&c=0&pid=1.9&rs=0&p=0

 

 

 

Fig. 1 showing affected area of Obley Street indicated by cross hatching.

 

 

 

It is therefore recommended that the Cumnock Street Tree Master Plan be amended to incorporate the replacement species of Prunus ‘Elvins’ on the eastern side of Obley Street under or near power lines.

 

ITEM 15 - TRANSFER OF TWO SMALL PORTIONS OF CROWN ROAD TO COUNCIL

REPORT IN BRIEF

 

Reason For Report

Council to note the transfer of two small portions of crown road to Council

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

1.4.1.a. Construction of local roads

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\ROADS and BRIDGES\ACQUISITION\CROWN ROAD TRANSFERS - 580995

 

 

Recommendation

 

THAT Council agree to transfer the ownership of the two crown road reserve portions into Council ownership..

 

Urban Assets Coordinator's REPORT

 

When reviewing Council’s road network in Molong it was found that there were two small portions of road that were still officially designated as Crown road reserves. These two small portions apparently have been overlooked and appear as anomalies in the Molong road network.

 

The first Crown road reserve portion is square in shape and is approximately 30 metres by 30 metres. It is situated where the old Mitchell Highway crosses over the railway line at the intersection of Watson Street and Wellington Street south of the grain silos.

 

The second Crown road reserve portion is roughly rectangular in shape and is approximately 35 metres by 18 metres. It is situated where Euchareena Road joins Watson Street adjacent to the Molong Railway Station.

 

Council’s Urban Operations Manager has reviewed the two reserves prior to transfer to Council.  Council currently maintains both parcels of land.

 

The transfer of these Crown road reserve portions to Council will provide Council with ownership of the road network in the vicinity of the two reserves and allow Council to carry out works and projects on the two portions without further reference to NSW Crown Lands.  

 

The transfer from Crown Lands to Council is at no cost to Council. 

 

 

ITEM 16 - REPRESENTATION ON WESTERN (CABONNE) JOINT REGIONAL PLANNING PANEL

REPORT IN BRIEF

 

Reason For Report

To endorse council representatives to the JRPP

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.1.c - Provide appropriate mechanisms for democracy and participation for Cabonne residents

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\LAND USE AND PLANNING\PLANNING\JOINT REGIONAL PLANNING PANEL - 585876

 

 

Recommendation

 

THAT the General Manager and Cr Anthony Durkin be council’s representatives on the Western Joint Regional Planning Panel for the Cabonne Local Government Area.

 

 

Director of Environmental Services' REPORT

 

The Western Joint Regional Planning Panel (JRPP) for the Cabonne Local Government Area includes two council nominated representatives. The representatives have been the General Manager and the chair of the Environmental and Sustainability Committee. With the council resolving to disband the committee system it is necessary to reaffirm council’s  representative to the JRPP.

 

Cr Durkin has been the councillor representative for the JRPP and has completed the required training associated with the role. It is suggested that Cr Durkin and the General Manager be endorsed by council to continue as representatives on the panel.

 

ITEM 17 - FUTURE DIRECTIONS FORUM

REPORT IN BRIEF

 

Reason For Report

Suggesting a change to the format and date of the mid-term Future Directions Forum for Councillors and Senior Staff.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.1.a. Provide quality administrative support and governance to Councillors and Residents

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCILLORS - 2012-2016\PROFESSIONAL DEVELOPMENT - CONFERENCES - 588049

 

 

Recommendation

 

THAT the mid-term Future Directions Forum take the form of a shire bus tour on Tuesday 11 November and discussion session in the Council Chambers on Tuesday 9 December.

 

 

General Manager's REPORT

 

Council at its July meeting resolved to conduct a mid-term Future Directions Forum on 27-28 November in Canowindra with final arrangements to be determined by the Mayor & General Manager.  The first day of the Forum was to take the form of a shire bus tour with the second day dedicated to discussion.

 

Since then however the change to meeting structure has given provision to hold meetings for strategic directions and business improvements purposes on the second Tuesday of the month as required.

 

It is therefore suggested that a shire bus tour be conducted on Tuesday 11 November and a workshop/discussion session be held in the Chambers or other venue to be determined on Tuesday 9 December.

 

 

 

 

 

ITEM 18 - NATIONAL STRONGER REGIONS FUND

REPORT IN BRIEF

 

Reason For Report

To determine projects to be applied for in accordance with Round One of the Australian Government's National Stronger Regions Fund.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

2.4.1.a. Support local employment initiatives

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GRANTS AND SUBSIDIES\PROGRAMS\CAPITAL ASSISTANCE - 589316

 

 

Recommendation

 

THAT Council determine which priority economic and/or infrastructure initiatives, if any, are to be applied for in accordance with Round One of the Australian Government’s ‘National Stronger Regions Fund’.

 

 

General Manager's REPORT

 

The National Stronger Regions Fund (NSRF) is a new programme to promote economic development in Australia’s regions.  The Federal Government is providing $1 billion over five years, commencing in 2015-16, to fund priority infrastructure in local communities.

 

Program objective

 

The objective of the NSRF is to fund investment ready projects which support economic growth and sustainability of regions across Australia, particularly disadvantaged regions, by supporting investment in priority infrastructure. The projects must be able to be commenced immediately.

 

The desired outcomes of the programme are:

 

·    Improved level of economic activity in regions;

·    Increased productivity in the regions;

·    Increased employment and a more skilled workforce in regions;

·    Increased capacity and improved capability of regions to deliver major projects, and to secure and manage investment funding;

·    Improved partnerships between local, state and territory governments, the private sector and community groups; and

·    More stable and viable communities, where people choose to live.

 

What is eligible for funding?

 

Funding of between $20,000 - $10,000,000 on a dollar for dollar basis will be provided for capital projects which involve the construction of new infrastructure, or the upgrade, extension or enhancement of existing infrastructure.  Examples would include:

 

·    Improve or upgrade transport networks to support connectivity and freight movement, such as transport hubs, intermodal services, airports, or upgrades to wharves or cargo loading facilities which cannot be funded by the market;

 

·    Enhance the efficient movement of freight, support an industrial estate or strengthen supply chains;

 

·    Increase access to water and waste services, support improved water management or enhance irrigation services;

 

·    Extend or enhance services to regions, for example deliver gas pipelines to new industrial estates, upgrade water pipes to support irrigation and industrial growth, or more efficiently manage waste water;

 

·    Convention centres and community or performance centres which deliver economic benefits or support increases in tourism; or

 

·    Construct large flagship or signature multi-purpose sporting facilities which generate significant long term economic and social benefits and/or support leadership in local communities, for example a state-of-the-art facility which will act as the state hub and will host national, state and elite events on a regular and ongoing basis.

 

Round Two

 

Applications for Round Two of this program open on 1 May 2015.

 

 

 

ITEM 19 - INTEGRATED PLANNING & REPORTING - OPERATIONAL PLAN FIRST QUARTER REVIEW

REPORT IN BRIEF

 

Reason For Report

To provide Council with an update on the progress of the 2014/2015 Integrated Planning & Reporting Operational Plan.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.1.a. Provide quality administrative support and governance to Councillors and Residents

Annexures

1.  IPR Operational Plan 1st Quarter Updates 2014 2015    

File Number

\OFFICIAL RECORDS LIBRARY\CORPORATE MANAGEMENT\PLANNING\INTEGRATED PLANNING AND REPORTING 2014 - 588016

 

 

Recommendation

 

THAT, subject to any alterations the Council deems necessary at the October Council meeting, the update of the Operational Plan to 30 September 2014, as presented be adopted.

 

Director of Finance and Corporate Services' REPORT

 

The Local Government Act requires Council to consider a quarterly report on the review of its annual Operational Plan.

 

The purpose of this report is to allow Council to assess its performance against its agreed objectives, actions and strategies.

 

The first quarter update for the Integrated Planning & Reporting Operational Plan for 2014/2015 is attached which shows the culmination of the actions and strategies undertaken in the preceding quarter.

 

 

ITEM 20 - PROCUREMENT (INCLUDING LOCAL PREFERENCE) POLICY

REPORT IN BRIEF

 

Reason For Report

To request amendment to Council's Procurement Policy.

Policy Implications

Proposed amendment to Policy.

Budget Implications

Nil

IPR Linkage

4.5.1.a. Provide quality administrative support and governance to Councillors and Residents

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\CORPORATE MANAGEMENT\TENDERING\PROCEDURES and AUSTRALIAN STANDARDS - 589005

 

 

Recommendation

 

THAT Council amend its Procurement (including local preference) Policy as outlined in the report.

 

Director of Finance and Corporate Services' REPORT

 

In recent times problems have been experienced in complying with clause 11.3.3 of Council’s Procurement (including local preference) Policy. The main areas of difficulty in complying relate to the value of goods or services in the price range $20,001 to $150,000 (although there have also been some problems in the lower ranges) which require a request for quotation advertisement in newspapers and the procurement to be treated similar to a tender other than the requirement for formal adoption by Council.

 

Examples include contractors being onsite and available to carry out works without the need for establishment charges, such as usage of the Small Town Sewerage Treatment Works Contractor to conduct works at Council’s landfills in both Yeoval and Cumnock; and the need for specialist technical advice in relation to the Molong Gasworks site.

 

It is proposed to amend the policy to increase the prices requiring certain action (such as to advertise the scope of works) and add a note empowering the General Manager or his delegate to vary those actions in special circumstances. The revised clause would read as follows:-

 

11.3.3 Acquisition of services, goods or materials

 

Purchases for less than $150,000 (inclusive of GST) will be authorised by appropriate council officers who have been delegated to give orders in writing for the supply of services, goods and materials in accordance with Clause 211 of the Local Government (General) Regulation 2005. Levels of delegation are set out in Council’s Delegation Register.

 

Orders can only be given in accordance with approved budgets, approved votes, relevant statutory requirements and within Council’s policies through the appropriate process required as shown below.

 

 

Value of Goods and Services (GST Incl)

Quotation(s) / process required

Up to $30

Petty Cash

Up to $3,000

1 verbal quote

$3,001 to $10,000

3 verbal quotes

$10,001 to $50,000

3 written quotes

$50,001 to $150,000

Request For Quotation (RFQ) advertisement in paper required – treat similar to Tender

$150,000 and above

Full Tender process to be followed

 

Note – Where special circumstances exist, the General Manager or their delegate may vary the “quotation(s) / process required” upon receipt of a written request outlining the circumstances.

 

It is recognised that a number of purchases could relate to the same location or be components of an overall project. Under these circumstances separate tenders or quotations will be called for when each purchase or component is discrete enough to result in different suppliers (providing different services) responding to tenders or quotations. However, if it is intended for components or purchases to be managed by the one contractor then all components and purchases will be treated as one project and the total project estimated cost will be treated in accordance with this policy (i.e. if the total is greater or equal to $150,000.00 then a tender will be called for the total project).

 

In the application of this policy it is important that individual purchases are discrete in nature from other purchases and it is not the intention to bundle purchases to circumvent these provisions. Similarly, purchases shall not be split to circumvent the petty cash limit.

 

 

ITEM 21 - DECEMBER AND JANUARY COUNCIL MEETINGS

REPORT IN BRIEF

 

Reason For Report

To discuss options relating to the December 2014 and January 2015 Council meetings.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.1.g. Code of Meeting Practice adhered to

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\PROCEDURES - 589042

 

 

Recommendation

 

THAT:

 

1.   Council hold its ordinary meeting for December 2014 on Tuesday 16 December;

 

2.   Council not conduct an ordinary meeting in January 2015 due to the restricted timeframe available;

 

3.   An extraordinary meeting be conducted in January or February if necessary.

 

Director of Finance and Corporate Services' REPORT

 

Due to the change of meeting schedule Council’s December meeting would normally be held on 23 December 2014, leaving one day for any outcomes to be processed prior to the Christmas shutdown. Due to this reason it is proposed that the December council meeting be brought forward one week to enable business transacted at the meeting to be fully implemented.

 

In addition, Council has traditionally listed at its December meeting consideration of the conduct of a meeting during January. The issue is usually raised due to the limited business to be transacted and the availability of councillors and staff. Should any urgent matter arise during January which requires consideration at a Council meeting, this can be done by arranging for an extraordinary meeting to be called.

 

 

ITEM 22 - PUBLIC LIBRARY INFRASTRUCTURE GRANTS 2014/15

REPORT IN BRIEF

 

Reason For Report

To advise on Public Library Infrastructure Grants available.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

3.3.2.b. Participate in decision making processes and initiatives of Central West Libraries (CWL)

Annexures

1.  Letter from Minister Troy Grant    

File Number

\OFFICIAL RECORDS LIBRARY\COMMUNITY SERVICES\LIBRARY AND PUBLIC INFORMATION ACCESS\PUBLIC LIBRARIES NSW - 589069

 

 

Recommendation

 

THAT Council advise of any projects they consider could be funded under the Public Library Infrastructure Grants Program in this or future years.

 

Director of Finance and Corporate Services' REPORT

 

The Minister for Hospitality, Gaming and Racing and Minister for the Arts, Troy Grant MP has written to Council advising of the Public Library Infrastructure Grants Program that will provide an additional $15 million over four years to improve public library buildings, spaces and information technology.

 

The grants will have a maximum value of $200,000 with $3 million being available in 2014/2015 year. This advice also gives Council the opportunity to forward plan and possibly select a project to be costed and submitted in future years if a project cannot be fully costed and reported on before the closing date of Friday 31 October 2014.

 

In his letter Mr Grant has also addressed some matters raised by the NSW Public Libraries Associations campaign for increased State Government public library funding. The Minister’s letter is attached for the information of Councillors.

 

ITEM 23 - TO REQUEST DELEGATED AUTHORITY FOR GENERAL MANAGER

REPORT IN BRIEF

 

Reason For Report

To give delegated authority to General Manager to approve interest free loans for grey water connected within the Small Town Sewerage Scheme.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

5.3.3.a. Undertake Cabonne Sewer Operations

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\SEWERAGE AND DRAINAGE\DESIGN AND CONSTRUCTION\FOUR TOWNS SEWERAGE SCHEME - 587605

 

 

Recommendation

 

THAT Council give Delegated Authority to the General Manager to approve loans, with interest to be applied and an administration fee to be charged for residents to connect their grey water for the Small Town Sewerage Scheme.

 

Finance Manager's REPORT

 

Council is in the process of connecting the towns of Yeoval and Cumnock to the Small Town Sewer Scheme. In the process of certifying each individual property, Council staff have become aware of an issue with the grey water.

 

Many properties in these towns over the years have made modifications to their grey water disposal and in order for Council to give them a final certificate, plumbing works need to be undertaken to ensure that the grey water complies with the relevant legislation.

 

These works are costing on average $1,500 to complete. This cost has to be paid by the individual owner as it is not part of the scheme and Council is unable to claim any money back from the government.

 

Some ratepayers claim they were unaware that this cost was going to be incurred, and were under the impression that these grey water connection costs would be paid by Council. It should be noted that these costs were never covered by the original scheme and only black water (i.e. sewage from the toilets) was covered by the Council.

 

Council staff are unable to anticipate how many households would apply to have a loan, however it is expected that the majority of owners will pay for the plumbing work direct to the contractor.

 

If Council were to approve a loan of up to 24 months charged at 8% per annum (the CBA fixed rate for a personal loan is 13.9%) plus a one off administration charge of $100, there would have to be an agreement drawn up for each individual assessment and all the owners of the property would have to sign the agreement. Each case would have to be judged on its own merits and the property owner would have to justify a genuine hardship issue before the Council would consider offering a loan for grey water connection.

 

Council should be aware that in the case of a loan being approved for the connection of grey water, this loan would not be a debt on the land and would be an unsecured loan. Should the agreement not be paid on time or indeed at all, Council would have to engage debt collectors in order to try and recover the outstanding balance.

 

Sometimes it is cheaper to actually write the amount off rather than proceed in chasing the debt. The additional costs by issuing a summons and then writ and judgment will be more that the original debt with still no assurance of actually getting the amount back.

 

Council should also be aware of the extra workload that will be placed on the finance staff in administering these loans. The imposition of an administration charge and interest on the loan is recognition of this additional workload.

 

Despite these issues, it is still recommended that Council give delegated authority for the General Manager to approve loans to any owners in the Small Town Sewerage Scheme that need to get a plumber to rectify issues with their grey water connection in order to get a final certificate and who demonstrate genuine financial hardship in being able to pay the grey water connection costs. The General Manager intends to sub delegate this authority to the Director of Finance & Corporate Services and Finance Manager.

 

 

ITEM 24 - YEOVAL ANNUAL SHOW

REPORT IN BRIEF

 

Reason For Report

For Council to determine whether it wishes to apply for a declaration as a public holiday or local event day for the Yeoval Annual Show

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.1.a - Provide quality administrative support and governance to Councillors and Residents

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\RECREATION AND CULTURAL SERVICES\EVENTS MANAGEMENT\YEOVAL ANNUAL SHOW - 584275

 

 

Recommendation

 

THAT Council determine whether it wishes to lodge a formal application for the proclamation of 5 May 2015 as a:

1.    public holiday OR

2.    part day public holiday from 8:30am to 7:00pm OR

3.    local event day

for that portion of the township of Yeoval, which is in the Cabonne Council area on the occasion of the 2015 Yeoval Show.

 

Administration Manager's REPORT

 

The annual advice has been received from the Executive Director NSW Industrial Relations relating to the requirements for the declaration of local public holidays and local event days under the Public Holidays Act 2010 (NSW).

The Act permits the Minister for Industrial Relations to declare a local public holiday, or a local event day, for the whole or part of the Council's local government area.  This may be limited to a particular location in the Council's area, such as the boundaries of a particular town or a police district in an area nominated by the Council. 

The application may request the declaration of a part day local public holiday or local event day to accommodate the holding of an afternoon event.  In recent years a number of councils, including Cabonne Council in 2013, have made applications nominating the times during which a local public holiday is to apply to facilitate the holding of such events.  

In determining whether to apply for a local public holiday, or a local event day, it is important that the Council takes into account the costs to businesses and local communities of declaring a local public holiday within the designated area. 

Council is expected to undertake a public consultation process on the matter, including consultation with relevant stakeholders, such as the local chambers of commerce (progress associations); local banks; major employers and local schools located within the designated area. 

Under the Public Holidays Act 2010 all local public holidays and local event days (including part days) must be declared by Order of the Minister and published on the legislation website.  Consistent with past practice, it is proposed to have the Ministerial Orders declaring the 2015 local public holidays and local event days be published by the end of December.

Declaration of a Local Public Holiday Vs Local Event Day

Where a local public holiday is declared by the Minister a bank located in the designated holiday area will be required to close unless it holds an approval to open on the day under Part 3A of the Retail Trading Act 2008.  Shops located within the designated holiday area are free to open without restriction.

The public holiday provisions contained in the National Employment Standards of the Fair Work Act 2009 (Cth) apply to local public holidays declared under the Public Holidays Act 2010.  This means that all employees irrespective of their former entitlements and whose place of work is within a local public holiday area will be entitled to be absent from work on the day or part day that is the local public holiday or part holiday.  In addition, employees who work on the day or part day may then have an entitlement to penalty rates under a relevant award where previously that entitlement may not have existed.

In considering an application to the Minister for a local public holiday or part day, Council is expected to consult with the affected community and other relevant stakeholders, as to the impact of a local public holiday or part holiday on businesses located within the local government area.

As part of that consultation, Council may consider the option of a local event day declaration instead of a public holiday or part day.

Relevance in Cabonne LGA

The only event in the Cabonne LGA relevant to this matter is the Yeoval Annual Show to be held Tuesday 5 May 2015 for which an application for proclamation as a Public holiday has been received. 

Background

Following the introduction of the legislation in 2010 Council first considered a report regarding a request for a public holiday to be declared in Yeoval for the purpose of the Yeoval Show at its November 2011 meeting.

Council initially resolved to lodge a formal application as a Local Event Day due to consideration of the impost on local businesses.  However due to representations from parts of the Yeoval community that the day be declared as a public holiday, as had been the tradition, so that all local school children, school staff and businesses can be involved in the annual Show Council at its March 2012 meeting resolved to apply for the proclamation of a public holiday on the occasion of the 2012 Yeoval Show.

In 2012 Council received various submissions for its consideration of an application for the 2013 Show.  This included submissions from the Yeoval P A & H Society Inc and Yeoval Show Society together with 21 individual submissions (20 on a pro forma letter) all submitting that the day be declared a Public Holiday.  The schools, although invited to make submissions, did not respond.  Council resolved to request a public holiday.

In 2013 in addition to local submissions a submission was received from the Australian Hotels Association (NSW) on behalf of its members that had expressed concern regarding the impact of the local public holiday in increasingly tight economic conditions.  The primary concern of their members is that hospitality businesses in the Cabonne Council LGA will once again be required to pay employees penalties up to 275% of the base rate of pay if the event is declared a local public holiday.

Alternatively, the association submitted that consideration be given to seeking the gazettal of a “part day public holiday” which is sufficient for the purposes of the event, but not unnecessarily impacting upon local hospitality businesses in the Cabonne Council area through the application of public holiday penalty rates up to midnight.  In this respect, the Association submitted that a part-day public holiday applying during business hours from 9:00am to 5:00pm is appropriate.

The Show actually operates from 8:30am to 7:00pm and Peter Boland, Legal Services Branch, NSW Industrial Relation confirmed that a part day Public Holiday for these hours is possible.  At the September 2013 meeting Council resolved to request a part day public holiday from 8:30am to 7:00pm for the 2014 Show.

2015 Yeoval Annual Show

Council has again advertised and directly invited submissions from key stakeholders and received the following:

 

From

Public Holiday

Local Event Day

Comment

Yeoval & District Progress Association Inc

In favour of Public Holiday

Doc ID 584440 refers

 

Yeoval Central School

In favour - that the day be declared a Public Holiday

 

Doc ID 576937 refers

St Columba Catholic School

In favour of a “local event public holiday”

Doc Id 584196 refers

Yeoval PA&H Society Inc

In favour - that the full day be declared a Public Holiday

 

Doc ID 584190

refers

 

It would appear that the compromise resolved last year for a part day public holiday for the Show’s hours is the most suitable approach.

 

ITEM 25 - POLICY DATABASE - PROPOSED CHANGES

REPORT IN BRIEF

 

Reason For Report

For Council to consider an amendment to its Policy database

Policy Implications

Yes - will become Council's policy on this matter and replace the existing Customer Service Policy

Budget Implications

Nil

IPR Linkage

4.5.1.a - Provide quality administrative support and governance to Councillors and Residents

Annexures

1.  Draft Policy on service

2.  Draft Policy on limits on service and communication    

File Number

\OFFICIAL RECORDS LIBRARY\CORPORATE MANAGEMENT\POLICY\POLICY CORRESPONDENCE - 585686

 

 

Recommendation

 

THAT the annexed draft Policy on service and draft Policy on limits on service and communication be adopted.

 

Administration Manager's REPORT

 

Council’s Operational Plan (2013-2014) had as Action: 4.5.2.a to: Review customer service policy.

 

The review was undertaken and as a result two (2) separate policies are recommended based on model policies provided to meet the Better Service and Communication Guidelines for Local Government 2000.

 

These Guidelines were put together by a working party comprising the NSW Ombudsman, ICAC, the (then named) Department of Local Government and Local Government and Shires associations.

 

The reason given for adopting two (2) separate policies was that it was considered likely that combining the policies and adopting a policy on service and communication that sets out both service standards and limits on access will send a mixed message to the local community that may undermine the overall impact of the policy.

 

Procedures and KPIs are yet to be developed.

 

ITEM 26 - REQUESTS FOR DONATIONS

REPORT IN BRIEF

 

Reason For Report

Requests for donations have been recieved from the Manildra and District Improvement Association and the Molong Show Society

Policy Implications

Nil

Budget Implications

To be funded from s.356 budget allocation.

IPR Linkage

4.4.1.c. Provide assistance to community groups

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\SPONSORSHIP - DONATIONS\2014 - 588769

 

 

Recommendation

 

THAT Council:

 

1.   Donate $200.00 towards the Manildra Christmas Party;

 

2.   Donate $154.00 to the Molong Show Society; and

 

3.   Look at ways it may be able to assist Mr Donohoe to secure funding and promote his book.

 

Community Services Manager's REPORT

 

The Manildra and District Improvement Association (MADIA) are holding a Christmas party for the local community on 17 December.

 

MADIA sees this as an opportunity to bring the community together for a night of friendship and fun at the end of a busy year. Their program includes old fashioned games for children, a visit from Santa, a community barbecue, the singing of Christmas carols and culminates in a fireworks display. 

 

This event is very popular with the community and a large crowd is expected to attend.

 

MADIA have asked Council to join with other companies in sponsorship of the fireworks display which last year cost over $3,000.00.

 

Any sponsorship received will be noted in the program for the night and sponsors will be acknowledged during the event.

 

The Molong Show Society held a Bush Dance at the Molong Community Hall on 13 September as a part of the Molong Show Society’s 150th Anniversary Celebrations.

 

The Show Society do not expect to make a profit from this year’s events and have asked Council to consider refunding the fee of $154.00 for the hire of the Molong Community Hall. In this business paper Council will also be considering a request from the Show Society for the reimbursement of development application fees.

 

Mr John Donohoe has requested financial support from Council towards the costs of publishing his book “Ben Hall’s Treasure”.

 

This book suggests the possibility that there was gold and jewellery left hidden by Ben Hall after his death on 5th May, 1865. The book includes past reports and interviews with descendants, many of whom live in the vicinity of Canowindra and the Central West.

 

The 150th anniversary of Ben Hall’s death will be in May next year and Mr Donohoe plans to promote his book during the planned festivities at Canowindra.

 

Mr Donohoe will be finishing his book in a few months and it is planned to  launch it at Canowindra sometime in December this year.

 

At least 1,000 books are to be printed at a cost of over $16,000.

 

Should Council wish to make a donation to any of these groups there remains $6,450.00 in the s.356 budget of $7,000.00 for expenditure in the balance of this financial year.

 

Donations made so far this year from this budget allocation are as follows:

 

$350.00    Canowindra Domestic Violence Committee

 

$100.00     USU White Ribbon Day Appeal

 

$100.00     Bravehearts

 

 

ITEM 27 - MOLONG RSL SUB BRANCH REQUEST FOR ASSISTANCE

REPORT IN BRIEF

 

Reason For Report

Molong RSL Sub Branch have requested Council to assist them in catering to the needs of exservicemen and women with disabilities.

Policy Implications

Nil

Budget Implications

Possible ongoing cost

IPR Linkage

3.3.5.a. Review community need for new and upgraded facilities

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\PARKS AND RESERVES\MAINTENANCE\MOLONG  VILLAGE GREEN - 588685

 

 

Recommendation

 

THAT Council further discuss options to increase accessibility of the Molong Village Green on ANZAC Day with the Molong RSL Sub Branch.

 

Community Services Manager's REPORT

 

Molong RSL Sub Branch have raised the issue of access to the Molong Village Green as an issue that presents a problem on ANZAC Day each year and have held discussions with Council Officers on the best way to deal with this.

 

The problem arises for elderly marchers who have trouble getting up the gutter and have to break from the main group of marchers to enter the park.

 

The result of initial discussions with officers from Council’s Environmental Services Department was the suggestion that they look at using a relocatable ramp each ANZAC day.

 

The RSL Sub Branch have obtained quotes for the construction of a relocatable ramp at a cost of $1,300.00 but the design will still need to be checked to ensure it meets current work health and safety requirements.

 

The RSL Sub Branch have also requested Council to consider funding the construction of the ramp, storing it and installing it at the park prior to the ANZAC Day Ceremony each year.

 

Council will need to consider the extent of support it is prepared to give in this regard and the effectiveness of the proposal to meet the needs of participants. Ongoing cost of storing the ramp and installing it each year, if agreed to by Council, could be considerable with overtime costs of using Council staff to work on ANZAC Day.

 

Options available to Council include:-

 

·    Making a contribution to the cost of the ramp.

 

·    Agreeing to store and install the ramp each ANZAC day

 

·    Agreeing to store the ramp only with the RSL Sub Branch responsible for installing and removing the ramp each year.

 

·    Looking at alternatives to the ramp including the possibility of modifying the existing pedestrian crossing ramp.

 

·    Negotiating an alternate march route with the Sub Branch.

 

ITEM 28 - PRESENTATION DAYS AT CABONNE SCHOOLS

REPORT IN BRIEF

 

Reason For Report

Council has been invited to sponsor prizes for the presentation days at Cabonne Schools

Policy Implications

Nil

Budget Implications

To be funded from the s.356 budget for donations.

IPR Linkage

4.4.1.c. Provide assistance to community groups

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\SPONSORSHIP - DONATIONS\2014 - 588815

 

 

Recommendation

 

THAT Council sponsor a $30 prize for each primary and secondary school in Cabonne with a request that where practical the prize be sourced from a Cabonne based business.

 

Community Services Manager's REPORT

 

For the past eight years Council has made a donation of $30 to each school in Cabonne to sponsor a prize for their Annual Presentation Night. This has been very well received in the past by each school and is a good way of recognising students that have made outstanding achievements in the area of citizenship.

 

There are 19 schools within Cabonne with two of these, Yeoval and Molong, having students in both primary school and high school. If prizes were to be awarded to both the high schools and primary schools on these sites there would be a total of 21 prizes to be awarded at $30 each, this being a total of $630.

 

Council usually provides a certificate for presentation with the prizes and the schools will often invite their local Councillor to make the presentation. Each school will be asked to purchase their prizes from local businesses where possible.

 

Should Council wish to make a donation this could be funded from its s356 budget for donations which has an unexpended balance of $6,450.00 from a budget of $7,000.00 for this financial year.

 

Donations made so far this year from this budget allocation are as follows:

 

$350.00    Canowindra Domestic Violence Committee

 

$100.00     USU White Ribbon Day Appeal

 

$100.00     Bravehearts

 

 

ITEM 29 - EVENTS ASSISTANCE GRANT FUNDING

REPORT IN BRIEF

 

Reason For Report

For Council to to consider applications for funding under the 2014/15 Events Assistance Program.

Policy Implications

Nil

Budget Implications

Yes - EAP funding is $40,000

IPR Linkage

Implement funding opportunities through the Events Assistance Program

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GRANTS AND SUBSIDIES\PROGRAMS\EVENTS ASSISTANCE PROGRAM 2014 - 2015 - 584943

 

 

Recommendation

 

THAT Council does not approve Events Assistance Program funding for the event titled 2015 Dressage With Altitude.

 

Economic Development Manager's REPORT

 

Council has received an application under the Events Assistance Program for the 2014/15 financial year.

 

For the Council’s consideration, the application is:

 

Application

 

Organisation:

Central Western Dressage Group Inc.

Event:

2015 Dressage With Altitude

Date:

19 till 22 February 2015

Requested Amount:

$500-$2,000

To be funded for:

Event sponsorship

 

 

 

Description of the event:

 

Central Western Dressage Group Inc. is a not-for-profit dressage sporting organisation which has been servicing a membership encompassing a wide area of the Western Districts from Bathurst through to Dubbo and Young for over 50 years

 

Dressage With Altitude is the only international dressage event to be held west of the Blue Mountains and is one of two international dressage events held in NSW.

 

The aims of this event have always been to:

a.     Promote and encourage top level Dressage competition

b.     Bring this level of competition to the NSW Western districts

c.     Provide an opportunity for participation to NSW country competitors

d.     Offer the opportunity of promotion to National, State and Country businesses

All in an atmosphere of friendship and social, community involvement.

 

Cabonne Council will be provided with the following opportunities as part of this event for a $1500 sponsorship:

a.     Naming rights one of the following competitions that run during the event: CDI3*Prix St Georges, CDI3* Intermediate 1, CDI3* Grand Prix, or CDI3* Grand Prix Special.

b.     Full Page B&W advertisement in the Program Book

c.     4 PA promotions each day during the event

d.     Signage opportunities around the venue

e.     2 tickets to the Taste Dressage in Orange Party

f.      2 tickets to the Luncheon on each day of the competition

g.     4 tickets to the Riders Welcome Function

h.     Council Logo will be used in all other promotion

 

There are sponsorship opportunities for $500, $800, $1000, $1500 and $2000.

 

 

Assessment

 

The Application does not meet grant criterion 6: “Utilisation of local infrastructure such as venues, facilities and other services that provide economic benefit and demonstrate the capacity of the Cabonne region to conduct events”. This event will be held in Orange at the Bradgate Park Indoor Arena.

 

Council provided $500 in funding assistance to this event in 2014.  Request for funding prior to 2014 had been unsuccessful.

 

Council allocates $40,000 annually for the administration of the Events Assistance Program.  To date, $13,000 funding has already been allocated for the 2014/15 financial year.

 

 

ITEM 30 - 2014 REGIONAL ACHIEVEMENT & COMMUNITY AWARDS

REPORT IN BRIEF

 

Reason For Report

To inform and nominate Councillor attendance at the Awards evening.

Policy Implications

Nil

Budget Implications

Yes - provisions for Councillors travel and accommodation expenses.

IPR Linkage

4.4.1.c. Provide assistance to community groups

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\ECONOMIC DEVELOPMENT\REPORTING\COUNCIL REPORTS - 586917

 

 

Recommendation

 

THAT Council consider nominating Councillor attendance at the 2014 Regional Achievement & Community Awards Gala Presentation Dinner.

 

Economic Development Manager's REPORT

 

Council has been invited to attend the annual Regional Achievement & Community Awards Gala Presentation Dinner.

 

The 2014 Awards evening will be held on Saturday 1 November in Wagga Wagga where finalists from all over NSW and the ACT come together to celebrate the fantastic achievements of those in regional and rural areas. The Awards evening will commence from 6.30pm to 11pm at the Wagga Wagga RSL.  Ticket pricing is $110 per person, including a 3 course meal, drinks, live entertainment and award presentation.

 

In 2014, Cabonne local government area has 2 finalists, these being:

 

1.   Alf Cantrell from Yeoval – finalist for “The Elite Coatings Regional Services Award.

2.   Canowindra Balloon Challenge Inc – finalist for “The Dobija Print World Events and Tourism Award”.

 

 

ITEM 31 - COMMUNITY ASSISTANCE PROGRAM APPLICATIONS

REPORT IN BRIEF

 

Reason For Report

To determine which community groups will receive funding under Council's Community Assistance Program.

Policy Implications

Nil

Budget Implications

Yes - Council has a CAP budget of $50,000 annually

IPR Linkage

4.3.1.a. Operate Community Assistance Program (CAP)

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GRANTS AND SUBSIDIES\PROGRAMS\COMMUNITY ASSISTANCE PROGRAM 2014-2015 - 589630

 

 

Recommendation

 

THAT:

 

1.   Council approve funding for the eligible Community Assistance Program applications numbers 1, 2, 4, 6, 7, 10 and 13; and

 

2.   The remaining $3,471.00 is rolled over to the next round of Community Asssitance Program funding.

 

Economic Development Manager's REPORT

 

Council has allocated $50,000 in the current budget for the Community Assistance Program (CAP). Council has invited submissions from community groups for CAP funding which is granted on a 50/50 basis.

 

The Community Assistance Program aims to:

·      Support community groups with projects which are of ongoing or sustainable benefit to the Cabonne communities.

·      Improve the liveability of Cabonne shire.

 

In order to be eligible for the Community Assistance Program, you must be a:

·      Not for profit organisation

·      Reside in Cabonne Shire Local Government Area

 

Applications for this round of CAP funding closed 29 August 2014. Council has received thirteen applications in total.

 

 

 

Town

Applicant

Project

Funds Sought

1

Canowindra

Central West Team Penning

Permanent Lighting of Team Penning Arena

$10,250

2

Canowindra

Canowindra Show Society

New Sheep Pavilion

$15,000

3

Molong

Molong Show Society

Oiling Main Pavilion Floor

$4,500

4

Cumnock

Cumnock Golf Club

Cumnock Golf Club Improvements

$7,240

5

Canowindra

Home and Community Care

Installation of a Walk-In Freezer for Meals on Wheels Storage

$15,000

6

Molong

Molong Advancement Group

Upgrade current open shower areas at Molong Recreation Ground

$2,924

7

Borenore

Borenore Community Progress Association

Rejuvenation and Restoration of the Borenore Tennis Club and Facilities

$3,891

8

Nashdale

Nashdale/Lidster Public Hall

Paint the kitchen and top section of the main hall and meeting room

$824

9

Manildra

Manildra Public School P&C

Installing Solar Panels at Manildra Public School

$5,000

10

Nashdale

Nashdale Sports and Social Club

Community Exersite (Fixed Fitness Equipment)

$5,400

11

Cumnock

Cumnock Swimming Pool Committee

Shade Shelter

Incomplete

12

Manildra

MADIA

Shade Shelter

$3,133

13

Eugowra

EPPA

Repainting the Rural Transaction Centre and Post Office

$1,000

 

TOTAL

$74,160

 

The Community Assistance Program Guidelines specify that government departments, agencies and organisations cannot apply under this program. In line with this, the application from HACC and the application for work at the Manildra Public School could be considered ineligible.

 

The Community Assistance Program Guidelines state that incomplete applications will not be accepted. In line with this, the application from the Cumnock Swimming Pool Committee could be considered ineligible.

 

The CAP Guidelines state that organisations that have previously received funding from Council but have not yet met all the requirements of their approval, including acquittal reporting, are ineligible for funding. Both MADIA and the Molong Show Society received funding under the last round of CAP grants but have not yet acquitted their projects. This makes them ineligible for funding.

 

By eliminating these 5 applications, the remaining projects come to a total of $46,529.

 

 

 

Town

Applicant

Project

Funds Sought

1

Canowindra

Central West Team Penning

Permanent Lighting of Team Penning Arena

$10,250

2

Canowindra

Canowindra Show Society

New Sheep Pavilion

$15,000

4

Cumnock

Cumnock Golf Club

Cumnock Golf Club Improvements

$7,240

6

Molong

Molong Advancement Group

Upgrade current open shower areas at Molong Recreation Ground

$2,924

7

Borenore

Borenore Community Progress Association

Rejuvenation and Restoration of the Borenore Tennis Club and Facilities

$3,891

8

Nashdale

Nashdale/Lidster Public Hall

Paint the kitchen and top section of the main hall and meeting room

$824

10

Nashdale

Nashdale Sports and Social Club

Community Exersite (Fixed Fitness Equipment)

$5,400

13

Eugowra

EPPA

Repainting the Rural Transaction Centre and Post Office

$1,000

 

TOTAL

$46,529

 

This leaves a remaining balance of $3,471.

 

 

 

ITEM 32 - SUPPLY AND DELIVERY OF ROAD SIGNS TO CENTRAL NSW COUNCILS

REPORT IN BRIEF

 

Reason For Report

Council to determine whether Cabonne enters into the contract for the Supply and Delivery of Road Signs to Central NSW Councils

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.1.d. Maintain effective membership of Centroc, WBC Strategic Alliance, Hawkesbury City Council, Weddin Shire Council and Cabonne Council Country-City Alliance, LG NSW and other forums

Annexures

1.  Tender evaluation report    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNMENT RELATIONS\LOCAL AND REGIONAL LIAISON\CENTROC - 586929

 

 

Recommendation

 

THAT Council:

1.   Endorse the panel of providers of road signs which is made up of Artcraft Pty Ltd, Barrier Signs Pty Ltd and De Neefe Pty Ltd;

 

2.    Advise Centroc of its decision; and

 

3.   Note the balance of the report.

 

 

Director of Engineering and Technical Services' REPORT

Background

Central NSW Councils (Centroc) has run many successful regional contracts which save members both time and money.  The Centroc Supply Managers Team have resolved to develop another regional contract for supply and delivery of road signs.

Financial and resourcing impacts

Centroc has managed the process including all costs of advertising and tender assessment and will receive a management fee from the supplier to cover these costs.

Advice regarding the Selection Process of a Regional Supplier for Road Signs

The Centroc Request for Tender (RFT) for Supply and Delivery of Road Signs was managed under the auspices of the Centroc Supply Management Team.

Members of the Centroc Supply Managers Team oversaw the RFT process run by Centroc.  All documentation including copies of the RFT, responses from tenderers and tender assessment documentation is available upon request.

 

The panel gave consideration to responses from 7 companies:

·    ArtCraft

·    Barrier Signs

·    Delnorth Pty Ltd

·    De Neefe Signs

·    Hi-Vis Signs and Safety

·    Roadside Services and Solutions

·    Road Management Solutions

The panel reviewed all tendered responses on 27 August 2014 using the APET 360Pro tender evaluation tool and recommended that three tenderers be on a panel to supply road signs to interested Centroc members.

Council should be aware that the level of Professional Indemnity insurance held by Artcraft is $2m, whereas DeNeefe and Barrier Signs hold $10m.

Conclusion

Members of Centroc’s Supply Management Team have overseen the selection of the panelists for supply of road signs.  Following negotiations, a two (2) year contract (with a possible 12 month extension) with Artcraft, Barrier Signs and De Neefe is advised.

 

 

ITEM 33 - RELOCATION OF ENGINEERING AND TECHNICAL SERVICES TO MOLONG

REPORT IN BRIEF

 

Reason For Report

For Council to approve the recommended amount from Capital Works Reserve

Policy Implications

Nil

Budget Implications

$320,000 to come from Capital Works Reserve

IPR Linkage

4.5.6.b. Review structure and adequacy of staffing levels

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\COUNCIL PROPERTIES\DESIGN AND CONSTRUCTION\MOLONG OFFICE EXTENSIONS - 588516

 

 

Recommendation

 

THAT an amount of $320,000 be allocated from the Capital Works Reserve for the refurbishment of the Molong administration building to accommodate the Engineering and Technical Services department.

 

 

Director of Engineering and Technical Services' REPORT

Council would be aware that the Engineering and Technical Services department is currently located at Cudal, with the remaining core council functions being located at Molong.

Previous studies on the structure and organisation of council have highlighted the geographical disconnect between Engineering and Technical Services and the remainder of council as an issue.

Having major sections of council approximately 30 km apart creates divisions within the organisation and encourages a silo mentality in its operations. With council moving towards an asset management framework, it is critical that Engineering and Technical Services works closely with the finance section to ensure full integration is achieved between asset management and councils long-term financial management.

By relocating Engineering and Technical Services to the Molong office, closer working relationships will be developed and an all of council approach will be encouraged.

The lower ground floor section of the Molong office was constructed with the intention of the space being available for future office use.  As such, the space can be cost effectively converted from its current use as records/archive storage to office space.

Axiom Commercial have been engaged to prepare a design for the office layout and determine the number of staff who can be accommodated within the space available. The intention is for selected Engineering and Technical Services staff to be relocated initially, however for the full benefit to be realised, in time, all Engineering and Technical Services staff should be relocated to Molong.

 

The Cudal office could be retained for record storage and/or as a training facility.

Final designs for the Molong office refurbishment are due to be completed in late October/early November. The estimated cost of the works including building works, services, set out and furniture is approximately $320,000. Council's Capital Works Reserve includes an amount of just over $430,000 for the refurbishment of the Molong office, with this allocation intended for the purpose as proposed in this report.

 

 

ITEM 34 - CONTRACT 451230 MOLONG LEVEE VARIATION

REPORT IN BRIEF

 

Reason For Report

To seek additional funds and approval for variation.

Policy Implications

Nil

Budget Implications

$17,270 (excl GST) from the Flood Mitigation Reserve.

IPR Linkage

5.2.2.b. Implement Molong Floodplain  Management Plan

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\SEWERAGE AND DRAINAGE\TENDERING\451230 - INVESTIGATIONS AND DESIGNS FOR THE PROPOSED MOLONG TOWN LEVEE - 587532

 

 

Recommendation

 

THAT Council approve the variation of $17,270 (excl GST) and source the funds from its Flood Mitigation Reserve.

 

 

Design Manager's REPORT

Council at its August 2013 meeting resolved to award Contract 451230 – Investigations and Design for the Proposed Molong Town Levee to SMEC. 

Phase A of the Contract requires the consultant to analyse hydraulic impacts with and without the proposed levee.

As part of the hydraulic analysis further investigations are required regarding the impact of the rail bridge on the flood model. The consultant is requesting a variation in regards to this analysis.  Council has reviewed the request for a variation and has determined that the additional work is beyond the original scope of work in relation to the modelling of the rail bridge.  As such, a variation for the work is reasonable.

Council has received a quote of $17,270 (GST) to  revise the URS MIKE-11 hydraulic model as required to assess three (3) levee, alignments for a maximum of four (4) design storm events, verify the topography in the model and provide qualification with respect to the suitability of the model for waterway friction and bridge schematisation.  The value of the variation is appropriate for the work involved.  The variation is not covered by the Office of Environment and Heritage (OEH) grant funding and will need to be funded from Council’s Flood Mitigation Reserve.

 

 

 

ITEM 35 - CONTRACT 451164 - INVESTIGATION AND DESIGN OF PUZZLE FLAT CREEK LEVEE

REPORT IN BRIEF

 

Reason For Report

To source additional funds and approve variation

Policy Implications

Nil

Budget Implications

$8,970 (excl GST) from the Flood Mitigation Reserve

IPR Linkage

5.2.2.a. Implement Eugowra Floodplain Management Plan

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\SEWERAGE AND DRAINAGE\FLOOD MITIGATION\EUGOWRA PUZZLE FLAT CREEK AND LEVEE - 583222

 

 

Recommendation

 

THAT Council authorise the variation in the amount of $8,970 (Excl GST) and source the funding from the Flood Mitigation Reserve.

 

Design Manager's REPORT

Council at its May 2013 meeting resolved to accept a tendered price of $72,063 (Excl GST) from ARUP with an upper limiting fee of $148,500 (Excl GST) for Contract 451164 – Investigations and Design for Puzzle Flat Creek Levee Upgrade in Eugowra.

The tendered price of $72,063 had an assumption that previous geotechnical investigations for the design of the levee could be used within the contract. In awarding the contract, an upper limiting fee was set allowing for a variation to the contract should the previous geotechnical investigations not be sufficient.

Throughout the running of the contract, four variations have been approved to the sum of $95,837.50, giving a total contract expenditure of $167,900.50 to date. One of the smaller variations was for a geotechnical engineer to provide a remediation report for the existing levee and further investigate the ground conditions due to dispersive layers of sand identified within the previous geotechnical report. Council should note that dispersive layers of sand beneath a levee can cause seepage and ultimately a breach of the levee.

Due to the dispersive layers of sand found in the last variation for a geotechnical evaluation the consultant has asked for a variation to the contract to conduct additional geotechnical seepage analysis. The additional geotechnical seepage analysis will cost $8,970 (excl GST).  Undertaking the seepage analysis will enable a final design to be completed that will result in construction cost savings well in excess of the variation amount when compared to a design that does not incorporate the seepage analysis.

In the assessment of the tenders for Contract 451164, the Office of Environment and Heritage (OEH) stipulated it would partly fund the contract on a 4 (OEH) to 1 (Council) basis to $127,500 but set an upper limiting fee of $148,500 for the contract. Council is responsible for any variation to the contract over $127,500 without seeking additional OEH funding. OEH will not fund this variation.

It is recommended the Council approve the variation in the amount of $8,970 (Excl GST) and source the funding from the Flood Mitigation Reserve.

 

ITEM 36 - COVENANT APPLYING TO LOT 201 DP 1064871, 2 JAMES DALTON DRIVE, WINDERA

REPORT IN BRIEF

 

Reason For Report

To seek council direction for variation of developer covenant

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

Provide efficient and effective development assessment

Annexures

1.  2 James Dalton Lane    

File Number

\OFFICIAL RECORDS LIBRARY\DEVELOPMENT AND BUILDING CONTROLS\BUILDING AND DEVELOPMENT APPLICATIONS\PROPOSED DEVELOPMENTS - PRE DEVELOPMENT APPLICATION ADVICE - 587858

 

 

Recommendation

 

THAT Council:

 

1.  Note the request to seek variation to the minimum floor area for a dwelling  upon Lot 201 DP 1064871, being land described as 2 James Dalton Lane, Windera; and

2.  Seek legal advice as to its position to vary the developer covenants applicable to DP 1064871 being land at Windera Estate.

 

Director of Environmental Services' REPORT

 

Council has received the attached request from Peter Basha Planning and Development on behalf of the owner Mrs MI Blaski of Lot 201 DP 1064871, being land known as 2 James Dalton Lane, Windera.

 

The subject lot is affected by a covenant that requires a dwelling to have a minimum floor area of 250m². The land owner proposes to construct a dual occupancy / granny flat having a floor area of 75m².

 

The Windera Estate, located off the Mitchell Highway to the north west of Orange was developed by Daytime Pty Ltd, who placed a series of restrictive covenants upon the titles of each allotment created within the rural residential estate. The covenants were implemented to establish a particular style and character for the development of the estate. The covenants relate to the minimum size of a dwelling, their location and external construction materials to be used for any structure on the subject land. Further restrictions apply to landuse including restrictions to the keeping of livestock and the storage of certain plant and machinery upon the allotments.

 

The covenants are imposed in such a manner that in the event of the developer ceasing to own land in the estate, or upon dissolution of the developer’s company, the authority to regulate the terms of the covenants passes to Cabonne Council.

 

As Daytime Pty Ltd has ceased to operate, the authority to modify, release or vary any covenant affecting the Windera Estate has defaulted to Council.

 

Mr Basha suggests that under the terms of council’s 2012 Local Environmental Plan council is able to set aside covenants that were neither required nor imposed by council. It is considered however that this relates to the development assessment process and that the transfer of the management of a covenant to council is a legal matter separate to the development assessment process.

 

It is also understood that earlier in the year the Mayor, Deputy Mayor and General Manager met with representatives of the Windera Residents Group and the latter indicated they expected council to honour the management of the covenants affecting the Windera Estate.

 

Council has previously issued delegation to the General Manager to  consider minor variations to the Windera covenant. Requests to consider significant variations are required to be reported to council for consideration.

 

The estate is well established substantially single dwellings set in rural lifestyle allotments. The area is zoned R5 Large Lot Residential by Cabonne Local Environmental Plan 2012.

 

The LEP permits dual occupancy and it is recognized that a covenant cannot  place a restriction upon land that is otherwise lawful. However, the Windera Estate has been developed around a specific character established by the terms of the developer’s covenant. Any significant deviation from the controls that have been in place for the term of the establishment of the estate may result in adverse impact to the perceived image of the estate.

 

Permitting a variation to the minimum floor area for allotments affected by the covenant has the potential to increase the number of dwellings within the estate, affect the visual amenity of the established setting, increased vehicle traffic through the estate, and has potential for environmental impact through increased demand for water, additional on-site waste disposal, and soil erosion from additional cut and fill of land to accommodate new dwellings.

 

It is suggested that council obtain legal opinion before giving final  consideration to the land owner’s request to vary the minimum  floor area for a second dwelling within the Windera Estate.

 

 

ITEM 37 - MODIFICATION OF DEVELOPMENT APPLICATION 2014/123 - RETAIL PREMISES (MARKET) - 63 KIEWA STREET, MANILDRA

REPORT IN BRIEF

 

Reason For Report

Recommending that council refuse the application

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\2014\03-2014-0123 - 587958

 

 

Recommendation

 

THAT Modification of Development Application 2014/123 for retail premises Lot 3 DP 20207 known as 63 Kiewa Street, Manildra, be refused, and that subsequent to the review of Condition 9 of the existing development consent (DA 2014/123) that a condition of consent be imposed requiring the display of all goods and items to be confined to within the building, including its verandah space, with no goods to be displayed in the front yard or on the street.

 

.

 

Director of Environmental Services' REPORT

 

ADVISORY NOTES

Record of voting

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

 

Political Disclosures

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

 

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

 

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

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

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

 

Nil planning application disclosures have been received. 

 

Nil public submission disclosures have been received. 

 

 

SUMMARY

 

The following report provides an assessment of the modification application submitted for a retail premises upon Lot 3 DP 20207 known as 63 Kiewa Street, Manildra.

 

It is recommended that the application be refused.

 

Applicant: Edward Keith Doughan

Owner:      EK Doughan

Proposal:  Modify operating hours of retail premises

Location:   Lot 3 DP 20207, 63 Kiewa Street, Manildra

Zone:         RU5 Village      

 

THE PROPOSAL

It is proposed to vary the hours and days of operation of the business. The applicant initially sought approval to operate the retail premises from 8am to 8pm Monday to Friday. No activities were to take place on Saturday or Sunday.

 

The applicant seeks to vary Condition 8 of the development consent for DA 2014/123 to permit trading for the purpose of a ‘community market’ seven (7) days a week trading from 7am to 9pm.

 

The applicant also seeks approval to sell coffee, but not food, as part of his business activity.

 

Background

The subject premises are the former Manildra craft shop and library. The current owner commenced restoration of the premises to reinstate it as a dwelling, and initially held a series of garage sales to sell unwanted  items of furniture. The frequency of the garage sales triggered community complaint about the activity, and the display of items within the front yard and upon the adjacent footpath.

 

Mr Doughan consequently submitted a development application for retail premises (market) to sell second hand furniture and household items. Goods were to be displayed at the front of the house and within two rooms. The development application was neighbourhood notified with several submissions received opposing the development. Concern was expressed about the visual amenity of the site, in particular the display of goods in the front yard of the premises and the use of the footpath to display goods and advertising signage.

 

The application was approved under the General Manager’s delegation and was subject to conditions of development consent.

 

Condition 5 required additional detail regarding disabled access to be provided to council.

 

Condition 6 required compliance with other relevant state licensing authorities, and copies of any licensing to be provided to council.

Condition 7 prohibited placement of any sale items on the footpath or road reserve.

 

Condition 8 specified the hour of operation as indicated by the applicant in his proposal as being Monday to Friday from 8am to 8pm.

 

Condition 9 of the development consent identified the outdoor display of goods as being a temporary trial, to be reviewed in six months from the date of the development consent. The consent was issued on 7 April 2014.

 

The submission of the modification application to vary condition 8 is therefore to be considered in association with the review of condition 9.

 

Condition 9 reads:

 

9.      SIX (6) MONTH REVIEW

 

Objective

To reassess the outdoor display area of the retail premises.

 

Performance

The outdoor display area is approved for temporary trial only, with council to review the development component six (6) months from the date of the development consent. The review will consider visual impact and amenity of the display area upon the streetscape, level of compliance by the operator with the relevant regulations, and any community comment received by council during the six months.

 

 

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 impact and is substantially the same development for which consent was granted.

 

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

 

 

Clause 1.2  Aims of the Plan

The broad aims of the LEP are as follows:

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

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

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

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

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

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

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

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

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

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

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

 

Clause 1.9A Suspension of covenants, agreements and instruments

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

·    Covenants imposed or required by council

·    Prescribed instruments under s183A of Crown Lands Act 1989

·    Any conservation agreement under National Parks and Wildlife Act 1974

·    Any trust agreement under the Nature Conservation Trust Act 2003

·    Any property vegetation plan under the Native Vegetation Act 2003

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

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

         

     

      Mapping

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

     

Land zoning map

Land zoned RU5 Village

Lot size map

Minimum lot size 900m2

Heritage map

Identified in 2006 Heritage Study

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

Not within a drinking water catchment area

Riparian land and watercourse map, groundwater vulnerability map

Not affected by riparian, watercourse or groundwater vulnerability

Land reservation acquisition map

 

 

      These matters are addressed in the report following.

 

Cabonne Local Environmental Plan 2012

The subject land is zoned RU5 Village by the Cabonne Local Environmental Plan 2012.  A retail premises is permissible within this zone, subject to Council’s development consent.

 

A retail premises means a building or place used for the purpose of selling items by retail, or hiring or displaying items for the purpose of selling them or hiring them out, whether the items are goods or materials (or whether also sold by wholesale).

 

Objectives of the RU5 Village zone

The proposal is not contrary to the aims of the LEP or the objectives of the RU5 zone.  The development relates to and is consistent with the zone objectives which seek to

 

·    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.

 

Part 6 – Additional local provisions

Clause 6.8 Essential services

Council is satisfied the following essential services are available for the development:-

a.   Supply of water

b.   Supply of electricity

c.   Management of sewerage

d.   Stormwater drainage, and

e.   Suitable vehicle access.

 

REGIONAL ENVIRONMENTAL PLANS

 

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

 

 

STATE ENVIRONMENTAL PLANNING POLICIES

 

The proposal does not contravene any State Environmental Planning Policy.

 

 

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

 

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

 

 

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

No Development Control Plans apply to this land.

 

 

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

 

The Pawnbrokers and Second-Hand Dealers Act 1996 applies to the proposed retail premises.

Persons who carry on the businesses buying or selling second-hand goods which are prescribed in the Regulation are required to be licensed.  A license is required when a trader deals in any of the following prescribed second-hand goods:

·      items of jewellery (including watches) that include gemstones or precious metals

·      gemstones and precious metals

·      sporting and recreational goods

·      musical instruments (but not including pianos other than electric or electronic pianos)

·      photographic equipment (including digital cameras and digital imaging equipment)

·      portable engine-powered, motorised or air powered tools and equipment

·      microwave cookers and other electric or electronic goods (other than refrigerators, washing machines or other ‘whitegoods’)

·      computer hardware and interactive game consoles

·      computer software and interactive game software 

·      compact (laser-read) discs (including compact discs, digital video discs and mini discs) and similar items that are used or designed for use with electric or electronic audio, visual or audio-visual systems.

·      watercraft and parts of watercraft

·      tool kits

·      car accessories

·      mobile phones

·      devices designed to play digital audio files (such as MP3 players and iPods)

 

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

 

Context & Setting

The site is located in the Manildra CBD (Kiewa Street) and is surrounded by other retail premises and business premises. The building was formerly used as a retail premises.

 

The use of the front yard for display of goods has raised visual amenity concerns with the local community. Subsequent to the issuing of the development consent the applicant traded over the Easter weekend with goods, furniture and items such as ride on lawn mowers displayed on the pavement, and extending to the adjacent hall. It is understood trading also occurred on Anzac Day and over that weekend. Objections were received from local community members.

 

Trading ceased all together from the premises during winter and the site has since been retained in a tidy state.

 

The site is highly visible within the Manildra main street. The building is of local heritage significance as is the adjacent hall. The display of goods and furniture upon the front yard of the subject property, protruding onto the footpath has provided an inconsistent contribution to the streetscape.

 

It is noted that the building could be used for retail purposes, with adequate opportunity to showcase items within the room of the former library and craft cottage. The main verandah could also be utilized for display of goods.

 

This would be more in keeping with the streetscape ambience.

 

 

Visual amenity

The markets, including the displays, are currently required to be contained within the boundary of the subject land with no goods to be placed on the footpath or road reserve. The visual impact of the development has been previously described as unattractive, unorganised and cluttered.

 

No noticeable improvement was observed in the manner that goods were displayed during the weeks following the issue of the development consent.

 

Increasing the business hours and days of trading have the potential to again escalate the issues experienced to date with the site operating from the street frontage of the building.

 

 

 

Pavement adjoining subject property -  Easter, April 2014

 

Access and traffic

The main access to the site for customers is from Kiewa Street. There is also a rear lane access which connects to Cudal Street; however, this access is not sufficient to service the retail premises.

 

All parking and loading/unloading activities are undertaken on Kiewa Street. The request to vary the hours of operation will extend the requirement to service the business from Kiewa Street.

 

Additional land use

The applicant seeks approval to sell coffee from the site. No food or other beverages are to be provided. The availability of coffee appears to be ancillary to the use of the property, and there is no objection to this activity. A separate application would need to be submitted should a cafe be proposed upon the site.

 

 

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 modification was neighbourhood notified.  No submissions were received.

 

Council was contacted however during April 2014 with ongoing complaints about the operation of the business outside the approved hours, and of goods blocking the footpath.

 

 

  

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. 

 

In reviewing condition 9 of the development consent, the applicant has not provided copies of licensing to council, has not provided details in support of the disable access ramp, has operated outside the prescribed business hours and displayed goods outside the property boundary.

 

In the terms of public interest it is recommended that the request to extend business dates and times be denied, and that in accordance with condition 9 of the development consent, that a new condition of consent be imposed  limiting the display and sale of goods to within the building and prohibiting the  display of goods and items outside of the building, excluding the verandah.

 

 

CONCLUSION

The proposed modification is permissible with the consent of Council. The development is not inconsistent with the relevant aims, objectives and provisions of the LEP.  A section 79C assessment of the development however indicates that the modification has potential for adverse impact upon the amenity of the area. It is recommended that the modification application be refused, and that subsequent to the review of Condition 9 of the existing development consent (DA 2014/123) that a condition of consent be imposed requiring the display of all goods and items to be confined to the building, including its verandah space with no goods to be displayed in the front yard or on the street.

 

 

 

 

ITEM 38 - MODIFICATION APPLICATION DA 2007/09 - FOUR LOT SUBDIVISION, "AVONDALE", SPRING HILL BEING LOTS 5, 9 AND 14 DP 243203, LOTS 89, 90, 92 DP 750387, LOT 1 DP 651187 AND LOT 1 DP 1036935, SPRING HILL ROAD, SPRING HILL

REPORT IN BRIEF

 

Reason For Report

Recommendation is for refusal of application

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.3.a. Provide efficient and effective development assessment

Annexures

1.  Subdivision Plan - DA2007/09    

File Number

\Development Applications\DEVELOPMENT APPLICATION\2007\03-2007-0009 - 587972

 

 

Recommendation

 

THAT Modification of Development Application 2007/09 for a four (4) lot subdivision of land known as ‘Avondale’ and described as Lots 5, 9  and 14 DP 243203, Lots 89, 90,91 and 92 DP 750387, Lot 1 DP 651187 and Lot 1 DP 1036935, be refused.

 

 

Director of Environmental Services' REPORT

 

ADVISORY NOTES

Record of voting

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

 

Political Disclosures

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

 

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

 

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

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

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

 

Nil planning application disclosures have been received. 

 

Nil public submission disclosures have been received. 

 

 

SUMMARY

 

The following report provides an assessment of the modification application submitted for a four (4) lot subdivision of land known as ‘Avondale’ and described as Lots 5, 9  and 14 DP 243203, Lots 89, 90,91 and 92 DP 750387, Lot 1 DP 651187 and Lot 1 DP 1036935, Spring Hill Road, Spring Hill.

 

It is recommended that the application be refused.

 

Applicant: Avondale (Spring Hill) Pty Ltd,

c/- Peter Basha Planning & Development

Owner:      Avondale (Spring Hill) Pty Ltd c/- W Lawrie

Proposal:  Subdivision into 5 lots

Location:   Lots 5, 9 and 14 DP 243203, Lots 89, 90, 91 and 92 DP 750387, Lot 1 DP 651187 and Lot 1 DP 1036935, Spring Hill Road, Spring Hill.

Zone:         1(a) General rural - CLEP 1991

 

 

Background

A development application was lodged in July 2006 for a five lot subdivision of a rural holding located at Spring Hill and containing the Avondale Dairy. The application was later amended to site the concessional lots as a cluster, and to combine the two proposed agricultural lots following Dept of Agriculture concern relating to fragmentation of rural land and viability of the  rural allotments.

 

Approval was issued on 15 August 2007 to subdivide the subject land to create the following lots:

 

Lot

Area

Use

1

2.15ha

Vacant concessional lot

2

2.15ha

Vacant concessional lot

3

2.62ha

Concessional lot and existing cottage

4

234.5ha

Dairy, outbuildings, dwelling and agricultural land

 

The subdivision has been implemented as a staged release with a subdivision certificate issued on 13 September 2013 to create the two vacant concessional lots and a residual lot. The subdivision has not be lodged for registration.

 

THE PROPOSAL

It is proposed to modify the approved subdivision as follows:

·    Combine proposed concessional  Lots 1 and 2 to form a single allotment

·    Reallocate a concessional allotment ‘entitlement’ to encompass the existing ‘Avondale’ dwelling and outbuildings having an area of approximately 2 ha.

·    Adjust the area of the surrounding proposed lot 4 accordingly

 

The reason for the proposed modification is the proposed sale of Lot 4 which contains the existing commercial intensive dairy. The land owner wishes to retain the existing dwelling adjacent to the dairy complex and seeks approval to amend the concessional allotment layout applying to the existing holding.

 

Modified subdivision

 

Lot

Area

Use

1

4.23ha

Vacant concessional lot

2

2.0ha

Concessional lot, dwelling and out buildings

3

2.62ha

Concessional lot and existing cottage

4

226.9ha

Dairy complex and agricultural land

                   (see attached subdivision plan extract)

 

Site Map

 

 

8424743 

Location map

 

 

4119772

Aerial view of diary complex

 

 

MATTERS FOR CONSIDERATION

In accordance with Section 96(1A) of the Environmental Planning and Assessment Act 1979 the proposed modification is of minimal 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)

 

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

 

Objectives of the 1(a) zone

The zone objectives aim, in part, is to promote the proper management and utilization of resources by protecting, enhancing and conserving agricultural land in a manner which sustains its efficient and effective agricultural production potential. The proposed modification does have an adverse impact on the zone objectives and alters the previous site assessment regarding the zone objectives.

 

Clause 10 – General considerations for development within rural zones

The current use of the land is agriculture (ie dairy complex and associated grazing). The modification alters the proposed use and as such will have an adverse impact upon land capability.

 

Clause14 – Subdivision for the purpose of a dwelling

Existing holdings having an area greater than 160ha were permitted a maximum of three (3) concessional lots. Allotments were to have an area of between 0.4ha and 5ha. The creation of the lots  were not to compromise prime agricultural land or adversely impact the existing or potential capability of adjacent land to produce food or fibre.

 

Proposed Lots 1 & 2 have a combined area of 4.2ha and are proposed to be combined into one allotment. The applicant has not justified the increase in the allotment other than by way of enabling a new concessional lot to be created elsewhere on the property.

 

A new concessional lot is proposed to be created to encompass the existing main dwelling and its outbuildings. The proposed allotment is immediately adjacent to the existing dairy complex. Separate ownership of the dairy complex and the proposed lifestyle lot has the potential to create land use conflict.

 

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

The proposed modification seeks to enlarge a concessional allotment and create another lifestyle lot adjacent to the existing commercial dairy complex.

 

The current approval of three concessional lots and a farm lot resulted in two vacant concessional lots with dwelling permissibility.

 

The revised proposal provides for one vacant concessional lot, two concessional lots containing dwellings and out buildings and the potential requirement for a manager’s residence upon the dairy / agricultural allotment.

 

 

REGIONAL ENVIRONMENTAL PLANS

 

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

 

 

STATE ENVIRONMENTAL PLANNING POLICIES

 

SEPP 44 – Koala Habitat

 

Cabonne Council is identified within the SEPP 44 schedule as having koala habitat. The applicant has not addressed the SEPP; however no trees are to be removed as part of this development.

 

Provisions of any Draft Environmental Planning Instrument that has been placed on exhibition s79C(1)(a)(ii)

 

There are no draft development 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 Zone, applies to this land. The subdivision is generally in accordance with 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)

 

Siting /location

Proposed Lot 1 is located adjacent to Spring Hill Road and occupies the position of two previously approved concessional lots. The land is adjacent other concessional lots and rural land.

 

Proposed Lot 2 is to be located adjacent to the Avondale dairy complex.

 

Lot size and shape

Proposed Lot 1 is an elongated allotment fronting Spring Hill Road. It is to have an area of 4.2ha and is the combined area of two previously approved vacant concessional allotments. No justification has been provided for the increased lot size. It is noted that the initial lots have been fenced and landscape buffers planted as part of the original approval requirements. Vehicular access ways have been provided to service the original two lots.

 

Proposed Lot 2 is an irregular shaped allotment, being a battle axe shape with access to Cowriga Road. The lot is to have an area of 2ha including the access corridor.

 

Proposed Lot 3 remains unaltered and is a concessional lot having an area of 2.62ha.

 

Proposed Lot 4 contains the dairy and agricultural land. The allotment is to have an area of 226.98ha with a new vehicular access way to be constructed off Spring Hill Road to service the dairy.

 

Visual amenity

Proposed Lot 1 will have no additional impact upon the amenity of the area.

 

Proposed Lot 2 is to encompass an existing dwelling and farm buildings. Approval of the subdivision will not have any additional impact upon the visual amenity of the surrounding land.

 

Access and traffic

One of the two existing driveways that service proposed Lot 1 will need to be removed. Access to proposed Lot 2 is adequate. A new driveway off Spring Hill road is to be constructed to service Proposed Lot 4.

 

Proximity of the development to existing development

The modification proposal introduces a new concessional allotment to the subdivision, being an allotment proposed to accommodate the existing main residence and farm buildings. The dwelling is located less than 60m the west of the commercial dairy complex.  The applicant does not address the impact of the dairy upon the proposed subdivision by way of assessment of odour, dust, noise, environmental considerations.

 

The 400 head dairy was subject to development consent vide DA 2000/199. A Review of Environmental Factors subsequent to the DA identified the following environmental issues associated with the operation of an intensive agriculture being the dairy:

 

·    Odour generation predominantly from cattle handling facilities, wash yards, dairy and effluent treatment ponds. The DA for the dairy complied with the NSW EPA guidelines for ‘assessment and management of odour from stationary sources’ (March 1999 publication), which recommended a best practice buffer of 200m to existing neighbouring residences. In assessing odour impact from the development an assessment was with the development meeting the recommended separation distance of 1.39km from the nearest town (the site being some 3km from the village of Spring Hill). Odour impact upon rural residences was calculated with a minimum separation distance of 348m required between the dairy and any neigbouring dwelling.

·    Noise and dust – due to the separation distances  between properties at the time of approval of the dairy no adverse impact was anticipated

·    Vector control – controls were incorporated into the dairy’s quality assurance system to manage vector control ie flies. (Risk of transmission of disease, such as Q fever, to neighbouring residents)

·    Stormwater disposal – systems addressed run off and reuse /recycling of uncontaminated water from the site

·    Sediment structures – Sedimentation terraces and basins were proposed to trap sediment and effluent.

·    Dairy effluent – effluent treatment and storage ponds designed to meet peak water balance for winter period.

·    Solids management – dairy complex processes to include dry scrape and sediment pond controls. Ponds to be emptied annually and cleaned every 5 years.

 

The dairy is a legally established intensive agricultural activity. The operation of the activity has potential environmental management that requires strict management. Council has responded to complaints regarding  water pollution incidents from the site, and is required to monitor the environmental management of the site in consultation with EPA.

 

Establishing a lifestyle allotment immediately adjacent to the dairy increases significantly land use conflict potential as adequate separation by distance between the two distinctly different land uses cannot be achieved.

 

 

Buffer zones

A review of current guidelines and regulations including a 2008 industry guide ‘Environmental management of the dairy industry’ suggests  a minimum distance of 200m from a dairy complex to a neigbouring residence.

 

Proposed Lot 2 is within 60m of the established Avondale dairy. The proponent suggests a covenant/agreement be entered into that prohibits the inhabitants of the lifestyle lot from registering odour, noise, environmental complaints. The proponent also argues that the intended resident will be the current operator of the dairy.

 

However, approval is land use based and not associated with a particular individual. Once subdivided the land can be bought and sold.  Likewise the management of the dairy is subject to environmental controls.

 

Given the close proximity of the residence there is likely land use conflict between the expectations of a rural lifestyle resident and that of a commercial dairy enterprise. The dwelling currently operates in association with the dairy enterprise and it is considered that this is a reasonable relationship. It is suggested that the dwelling remain as part of the dairy/agricultural holding.

 

Proposed Lot 1 achieves a 30m setback from the western boundary with the adjoining agricultural lot. The setback does not achieve the desired 100m  separation. The setback however was accepted with the initial 2007 approval subject to a requirement for landscape / buffer plantings along the boundary. The landscaping has been implemented as part of the subdivision release for stage 1 of the proposal.

 

 

Guidelines for rural subdivision – concessional lots

This policy applied to the subdivision and equally applies to the merits of the modification application.

 

Clause

Provision

Compliance

3.1.1

Retain prime crop and pasture land

Area is classified as Class 3 prime crop land

3.1.2

Bushfire prone land

No

3.1.3

Adjoins permanent waterway

Yes

3.1.4

Contaminated land

No

3.1.5

Protects, enhances, conserves areas of high scenic or recreational value

Will not have adverse impact

3.1.6

Effluent disposal satisfactory

Effluent from lots 2 and 3 can be accommodated within the  site

3.1.7

Legal and safe access

Yes

3.1.8

Proximity to noxious, offensive or hazardous industry

Dairy in close proximity to concessional lots. Proposed Lot 2 is to be immediately adjacent to the dairy complex and there is potential for land use conflict between the lifestyle lot and the commercial dairy.

3.1.9

Proximity to viticulture, intensive horticulture or farming

Proposed Lot 4 contains a commercial dairy and farm land.

3.1.10

Flood free building site and access

Yes

3.1.11

Impact minimized on extractive industry

A quarry exists to the north east and is located 650m from proposed lot 1. The modified subdivision will not impact upon the operation of the quarry

Local provisions

3.2.1

Satisfactory access to power and other infrastructure

Yes

 

Satisfactory location of building envelopes

Building envelope identified for proposed Lot 1 has a setback of 30m. A 100m setback is the preferred distance. Given the lot is only 100m wide the setback cannot be achieved.. A 30m setback was accepted with the 2007 initial approval for subdivision of the land.

 

Satisfactory location of internal buffers

Condition of initial development consent required landscape buffers to lessen the visual impact of the two vacant concessional lots. Tree planting has been undertaken.

 

Satisfactory grouping of concessional lots

No – the three lots are scattered rather than grouped

 

Location of concessional lots a min of 100m from boundaries of adjoining properties

Proposed Lot 1 adjoins  concessional allotments to the north

Design criteria

3.3.1

Lots to be 2ha

No – proposed Lot 1 = 4.2ha, proposed Lot 3 = 2.6ha

3.3.2

Building envelopes 100m from unsealed road, 50m from sealed road and 100m from adjoining farm land

Proposed Lot 1 has a 40m setback from a sealed road.

3.3.3

Satisfactory planting and maintenance of buffers

Proposed Lot 1 has landscape /buffer plantings

3.3.4

Bond to be paid

NA

3.3.5

Satisfactory waste water disposal

On site waste system to be contained within proposed lots 2 and 3. Development of proposed Lot 1 subject to effluent study.

3.3.6

Satisfactory asset protection zones

Yes

3.3.7

Consultation with RTA/RMS if applicable

NA

3.3.8

Requirements for conservation reserves

NA

Applications generally

3.4

Pre lodgment meeting

No

 

Statement of Environmental Effects received

Yes

 

Sufficient information supplied by applicant

Yes

 

Notification carried out

Yes

 

Submissions received

Nil

 

Fencing requirements to be met

Yes. Condition of consent

 

 

9406366

 

In assessing the proposed modification it is considered that the location of proposed Lot 2 is inconsistent with the objectives of Cabonne LEP 1991 and the council’s guidelines for concessional allotments. The location of the lot in close proximity to the commercial dairy has significant potential for land use conflict. The suggested restriction /covenant limiting future residents ability to lodge complaints about the dairy operation is not considered as a satisfactory measure.

 

 

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

 

 

PUBLIC INTEREST s79C(1)(e)

 

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

 

 

CONCLUSION

The proposed modified development is permissible with the consent of Council. The development deviates from the relevant aims, objectives and provisions of the LEP.  A section 79C assessment of the development indicates that the modified development is not acceptable in this instance.  It is recommended that council refuse the application.

 

 

 

ITEM 39 - DEVELOPMENT APPLICATION 2012/148 - INDUSTRY (STEEL FABRICATION) AND ALTERATIONS /ADDITIONS TO CAR REPAIR STATION - LOT 2 SECT 3 DP 758221, ROBINSON STREET, CANOWINDRA

REPORT IN BRIEF

 

Reason For Report

Refusal of application recommended

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.3.a. Provide efficient and effective development assessment

Annexures

1.  Planning assessment report DA 2012/148    

File Number

\Development Applications\DEVELOPMENT APPLICATION\2012\03-2012-0148 - 588196

 

 

Recommendation

 

THAT Development Application 2012 for an industry (steel fabrication) and alterations and additions to an existing car repair station at Lot 2 Section 3 DP 758221, Robinson Street, Canowindra, be refused.

 

 

Director of Environmental Services' REPORT

 

ADVISORY NOTES

Record of voting

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

 

Political Disclosures

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

 

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

 

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

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

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

 

Nil planning application disclosures have been received. 

Nil public submission disclosures have been received. 

 

 

SUMMARY

The council at its meeting of 17 September 2013 adopted the Environmental Services and Sustainability Committee recommendations from its meeting held on 3 September 2013.

 

The recommendation from Item 6 of the committee paper read as follows:

         

That:

1.   Development Application 2012/148 for Industry (steel fabrication) and alteration and additions to existing Car Repair Station, on Lot 2 Section 3 DP 758221, Robinson Street, Canowindra be deferred pending an investigation by Environmental Services staff into new information that has been presented by the objector.

2.   A site inspection be held once review of information has been completed.

 

 

A copy of the planning report submitted to the committee is attached for council’s information. To summarise the matter council neighbourhood notified the development proposal for land within the village zone at South Canowindra. Submissions opposing the development were received by way of written objections and by a presentation to the committee.

 

As directed by the council, staff sought to clarify with the applicant the extent and nature of the existing and proposed business. No response has been forthcoming.

 

The applicant, Mr Gregory Wythes has since acquired land in the Canowindra Industrial Estate and established an industrial fabrication business from that land.

 

As a year has lapsed since the committee recommended deferring consideration of the matter, and no further information has been provided to clarify the scale of the proposed use for the Robinson Street land it is suggested that council refuse the application on the basis that insufficient information has been provided, and that the expansion of industrial activity within the residential precinct is not in keeping with the character of the area.

 

 

 

 

ITEM 40 - MODIFICATION TO DA 2010/0177 FOR ANIMAL BOARDING AND TRAINING ESTABLISHMENT AND ANCILLARY DWELLING ON LOT 100 DP 1145134, CORNER FOUR MILE CREEK ROAD AND GILES ROAD

REPORT IN BRIEF

 

Reason For Report

The modification application is referred to Council for determination as the orginal consent was determined by Council and as such any subsequent modification requires Council's determination.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

Provide efficient and effective development assessment

Annexures

1.  Draft conditions of consent     

File Number

\Development Applications\DEVELOPMENT APPLICATION\2010\03-2010-0177 - 587931

 

 

Recommendation

 

THAT Modified Development Application 2010/0177 for Animal boarding and training establishment and ancillary dwelling on Lot 100 DP 1145134, corner Four Mile Creek Road & Giles Road, Spring Side, be granted consent subject to the amended conditions attached.

 

 

Senior Town Planner's REPORT

 

ADVISORY NOTES

Record of voting

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

 

Political Disclosures

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

 

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

 

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

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

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

 

Nil planning application disclosures have been received. 

 

Nil public submission disclosures have been received. 

 

 

SUMMARY

 

The following report provides an assessment of the modified development application submitted for an Animal Boarding and Training Establishment with ancillary dwelling on Lot 100 DP 1145134, corner Four Mile Creek Road and Giles Road, Springside. The proposed modification indicates a number changes to the development which includes relocation of stables and car parking, a decrease in stable numbers and car spaces, reconfiguration of stables complex, paddock layout, and footprint and elevation changes relating to the ancillary dwelling. The majority of the proposed changes relate to reconfigurations to better accommodate the facility for the use of clydesdale horses. Whilst the modification indicates a number of changes, the modification can be assessed under Section 96(1A) of the Environmental Planning and Assessment Act 1979 as there is minimal environmental impact and is substantially the same development for which consent was originally granted.

 

The application has been referred to Council for determination as the original development application was determined by Council and as such any subsequent modification requires Council’s determination on the matter.

 

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

 

Applicant:          K Smith

                            c/o:- Peter Basha Planning and Development

Owner:               K Smith

Proposal:           Modification of Animal Boarding and Training Establishment and ancillary dwelling

Location:            Lot 100 DP 1145134, corner Four Mile Creek Road & Giles Road, Spring Side

Zone:                  1(a) General Rural   

 

THE PROPOSAL

It is proposed to modify the existing consent to change the following aspects of the development:-

 

1.   Larger but fewer stables due to the facility now proposing the use of Clydesdale horses. The current approval provides for 16 stables; with the modification reducing this number to six (6) plus an optional 7th. All stables have half door openings;

2.   Larger tack room to accommodate the larger harness gear and carriages for the Clydesdale horses;

3.   A larger hay and feed room;

4.   A grooming bay;

5.   A garage for horse floats;

6.   A veterinary area;

7.   A mezzanine area for office and reception;

8.   To relocate the approved stable complex to the south and west of the approved site location. Setbacks from the northern boundary would increase from 70m to approx. 124m with setbacks from the western boundary reduced from 65m to 29m;

9.   A decrease in the number of car spaces from 11 to 5 car spaces. Overflow parking is available within the site should this be required;

10. Amend approved paddock plan to better suit the facility for Clydesdale horses;

11. Relocate horse shelters;

12. Relocate ancillary dwelling with setbacks from the northern boundary to be increased from 30m to 90m and the setback from the eastern boundary increased from 85m to approximately 128m;

13. Approved dwelling comprises 4 bedroom with modified plans comprising 3 bedroom, study and large living areas;

14. Modified dwelling is split level on the western end;

15. Modified dwelling has an increase in floor area;

16. Footprints and elevations differ.

 

Site Map

The subject site is located approximately 11 kilometres south west of Orange on the north-east corner of Four Mile Creek Road and Giles Road. Access to the site is via the northern side of Four Mile Creek Road. The site is predominantly vacant with only a small shed located near the western boundary. There is a cluster of trees located in the north-eastern corner and the site slopes from the north eastern corner towards the south western corner. The subject land has a total area of 9.813ha and is currently used for grazing.

 

882458

Subject Site (indicated in red)

 

Background

The subject site (Lot 100) was created under DA 2009/95 by subdivision. The land previously was a single allotment that was separated by Giles Road. The subdivision application was approved, as such, two separate allotments were created Lot 101 (western side of Giles Road) and Lot 100 (eastern side of Giles Road). Lot 100 was created as an agricultural lot which did not have dwelling entitlement. Lot 101 had an existing dwelling and an established horse training facility. The subdivision was implemented and subsequently registered.

 

A further DA was lodged in May 2010 for development of the vacant agricultural lot as a horse training/adjustment enterprise (animal boarding and training establishment) with ancillary dwelling. A report was included to the Environmental Services and Sustainability Committee on September 2010. Due to a lack of quorum, the report was referred to the following Council meeting (September 2010).

 

Approval was granted in September 2010 with deferred commencement conditions for the provision of water.

 

In October 2010, a rescission motion was put to council by Councillors Duffy, Hyde and Dean seeking inclusion in the approval of a dwelling. The motion was lost and Development Consent issued 21 October 2010.

 

An application under Section 82 of the Environmental Planning and Assessment Act to review the determination was lodged on 30 November 2010 with revised plans and additional support information. The application was approved as a staged development at Council’s Ordinary Meeting of March 2011 with subsequent Development Consent issued.

 

A Construction Certificate was applied for however could not be issued as the submitted plans did not match the approved DA plans. The applicant was advised to submit a modification so the CC could be subsequently assessed and approved.

 

Following protracted discussions between the land owner, his planning consultant and council, the proponent submitted an application to amend the DA. The modification application was submitted on 3 July 2013 with amended plans received for assessment under Section 96(1A) of the Environmental Planning and Assessment Act, 1979. The modification application was subsequently approved at Council’s Ordinary Meeting in August 2013.

 

Ownership of the land has changed with Council now in receipt of a further modification application that seeks Council’s determination for a variety of changes pertaining to the stud facility, operation and ancillary dwelling.

 

MATTERS FOR CONSIDERATION

In accordance with Section 96(1A) of the Environmental Planning and Assessment Act 1979 the proposed modification is of minimal 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)

The subject application is assessed under the LEP provisions operative when the initial consent was issued. The subject land was zoned 1(a) General Rural under the provisions of the Cabonne Local Environmental Plan 1991.  The proposed horse establishment is best defined as an animal boarding and training establishment by the Cabonne LEP. An animal boarding and training establishment is permissible in the 1(a) zone subject to Council’s development consent.

 

A dwelling (ancillary dwelling) was permissible in the 1(a) zone subject to Council’s development consent.

 

Objectives of the 1(a) zone

The zone objectives aim, in part, is to promote the proper management and utilization of resources by protecting, enhancing and conserving agricultural land in a manner which sustains its efficient and effective agricultural production potential. The proposed modification does not have an adverse impact on the zone objectives and does not change the previous site assessment regarding the zone objectives.

 

Clause 10 – General considerations for development within rural zones

The current use of the land is agriculture (ie grazing) and the proposed future use is to be a horse training establishment. The modification does not change the proposed use and as such will not have an adverse impact upon vegetation, timber production, land capability (including soil resources and soil stability), water resources, future recovery of mineral deposits, or the protection of scenic or recreational areas.

 

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

The approved consent allows for the construction of an ancillary dwelling on the subject land as Stage 2 of the development. Stage 1 requires the implementation and construction of the operation’s infrastructure prior to the construction of the dwelling.

 

The proposed modification does not seek any changes to the ancillary dwelling or its staging of the development.

 

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 subject land.

 

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 with a cluster of trees located in the north eastern corner. 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.

 

The impacts of the development is addressed as a consideration in the assessment of this development.

 

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

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

 

 

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

 

Development Control Plan No 5 – General Rural Zones applies to this development. The proposed modification is consistent 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. An amended BASIX certificate has been provided to address amended changes to ancillary dwelling.

 

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

 

Context and Setting

The proposed modification is of minimal impact and as such does not affect the previous site assessment.

 

Scale of development

The modification relates to a change in the type of horse to be used for this facility. The original applications scale was based on a maximum of 16 stables for a standard sized horse. Whilst the modification relates to a decrease in the number of horses to be used (6 stables), the type of horse proposed will be a larger horse ie Clydesdale and as such the modified scale is considered to be comparative to the original. The proposal is consistent with the definition of animal boarding and training establishment.

 

Amenity

The proposed modification indicates changes to the approved location of the stables, internal re-configuration, ancillary building footprint and elevations. 

 

Visual impact/amenity is improved as all buildings are positioned below the ridgeline and sympathetic to the site. Mass and scale and proposed materials are considered to be appropriate for the rural context. The proposal was originally assessed in terms of amenity and appropriate conditions of consent were included for landscaping to address visual impact of the proposal.

 

It is considered that the proposed modification does not create any additional adverse impacts on the site or surrounding locality and as such no additional requirements are needed.

 

Dust

The proposed modification does not affect the previous site assessment. A condition requiring dust reducing measures will be retained on the amended consent.

 

Water

The proposed modification does not include any changes to water supply and as such does not affect the previous site assessment.

 

Odour

Odour was addressed in the initial application with conditions of consent being included to reduce any potential odour impacts. Whilst the type of horse has changed, ie Clydesdale horses, the number of animals has been reduced. The original conditions imposed will remain. The modification will not require any additional measures to be introduced.

 

Access and traffic

The modification does not propose any changes to traffic generation or access and as such there is no change to the previous site assessment. The modification does however seek a reduction in the proposed number of car spaces based on the change in scale. Five (5) car spaces are proposed in the modified application and is considered adequate for the proposed scale of activity.

 

Agricultural Impacts

The potential impact of the proposed development on agriculture was assessed as part of the original DA considerations. The proposed modification further impact the site with no changes to previous site assessment.

 

Flora and Fauna

There have been no identified threatened species on the subject land upon investigation of the NSW National Parks and Wildlife Services Wildlife Atlas. The proposed modification will not impact on any threatened species.

 

Effluent Disposal

The proposed modification does require an on-site effluent management study for both the stables complex and the proposed ancillary dwelling. Conditions apply.

 

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 modification development was required to be re-notified due to the changes proposed in the application. The modification was neighborhood notified for a period of 14 days with no submissions being received by Council during the exhibition phase.

 

PUBLIC INTEREST s79C(1)(e)

 

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

 

CONCLUSION

The proposed modified development is permissible with the consent of Council. The modification has been assessed to have minimal environmental impact and is essentially the same development for which consent was originally granted. As such the modification is acceptable under Section 96 (1A) of the Environmental Planning and Assessment Act 1979. The development complies with the relevant aims, objectives and provisions of the LEP and DCP. A section 79C assessment of the modified application 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 41 - TWO LOT SUBDIVISION ON LOT 14 DP 1131133, SPRING HILL ROAD, SPRING HILL

REPORT IN BRIEF

 

Reason For Report

The application is recommended for refusal and a planning proposal be prepared to clarify the minimum lot size of the Spring Hill R5 area.

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\03-2013-0175 - 588463

 

 

Recommendation

 

THAT:

 

1.   Development Application 2013/0175 for a 2 lot subdivision of land described as Lot 14 DP 1131133, Spring Hill Road, Spring Hill be Refused; and

 

2.   A Planning Proposal be prepared to clarify the minimum lot size of the Spring Hill R5 area by limiting the development to 22 lots as established by Clause 16 (1C) of Cabonne Local Environmental Plan (CLEP) 1991.

 

 

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 two lot subdivision of land described as Lot 14 DP 1131133, Spring Hill Road, Spring Hill. The land is located in the R5 Large lot residential area adjacent to the village of Spring Hill. This land was formally zoned 1(a) General Rural and was rezoned to large lot residential in 2008.

 

The application was neighbor notified as required by Council’s notification policy for subdivisions. No submissions were received during the notification period.

 

The application has been referred to Council for determination as the proposal is inconsistent with the Cabonne LEP. 

 

The application has been assessed in accordance with the provisions of the Cabonne Local Environmental Plan 2012 and DCP 6 Rural Small Holdings. The development complies with the numerical development standard for lot size for subdivision for the purposes of Large Lot Residential; however there are identifiable environmental constraints that may limit further subdivision. These include the need to separate effluent management systems and development from existing bores, drainage patterns and impacts on the village of Spring Hill for reticulated water supply. The impacts on maintaining agriculture for those lots in close proximity to the subject land should also be considered in any land use conflict with agricultural operations and residential dwellings. It is recommended that the application be refused. It also recommended that Council consider investigating an amendment to the current LEP for the Spring Hill R5 area to reflect a minimum lot size that does not allow for further subdivision potential through the preparation of a planning proposal.

 

Applicant: I & S Stewart c/o:- MPF Surveying

Owner:      I & S Stewart

Proposal:  2 Lot Subdivision

Location:   Lot 14 DP 1131133, Spring Hill Road, Spring Hill

Zone:         R5 Large Lot Residential

 

THE PROPOSAL

It is proposed to subdivide the existing lot (Lot 14) into two lots. Lot A will have an area of 2.77 hectare with Proposed Lot B having an area of 2.023 hectares. Both lots will have access via Spring Hill Road.

 

Proposed Lot B is regular in shape; Proposed Lot A is a battle-axe lot.

 

Site Map

 

7505480

 

Aerial Image of the Site

 

9710015

 

Background

The Spring Hill large lot residential area was created when Cabonne LEP 1991 Amendment No.20 (2008) rezoned the property Studleigh from general rural 1(a) to Zone 1(c) Rural Small Holdings. This was supported by the Basha (2003) Local Environmental Study (2003). The land was originally a dairy and the rezoning was partly in response to land use conflicts between the dairy and Spring Hill settlement. The 22 lot subdivision was approved as DA 2008/153 (July 2008) and has been developed in two (2) stages.

 

Stage One (1) created 10 lots to the south of Strachan Road/Chapman Street as well as the subdivision of the existing dwelling in the south-west corner adjacent to Strachan Road and Davis Road from the larger lot to the north. These eleven (11) lots were registered in April 2009 with lot sizes ranging from 2ha to 9.68ha.

 

Stage Two (2) included 11 lots to the north of Strachan Road. In May 2012 Council approved the Subdivision Certificate and the lots were subsequently registered in August 2012.

 

Initially a DCP was to be prepared to manage development in the Spring Hill large lot residential area. However the amending LEP contained sufficient control to limit subdivision to a maximum of 22 lots. As such the DCP was never adopted.

 

The intent of Clause 16 of CLEP 1991 was to restrict further subdivision potential due to environmental constraints by limiting the number of lots created in the re-zoning/subdivision to a total of 22 lots with a minimum lot size of 2 hectares.

 

The implementation of CLEP 2012 in January 2013 requires a minimum lot size of 2 hectares for the Spring Hill Large Lot Residential area. CLEP 2012 utilized standard instrument clauses and the incorporation of previous limitations to development of the subject land were not carried forward.

 

Strategic work undertaken following the introduction of CLEP 2012 identified the following constraints to further development of the Spring Hill large lot residential area (this includes the subject land ie Lot 14 DP 1131133):-

·    The Spring Hill large lot residential area is located 13-14 kilometres from the Orange service centre. The desirability of large lot residential  lots tend to reduce the greater the distance from Orange or other major centres so this may impact on demand compared with other large lot residential areas such as Windera;

·    Spring Hill lacks significant employment opportunities and local services (other than the school, church, community hall and pub) to make local development more sustainable and avoid the need to commute to other areas (especially Orange);

·    Some lots are potentially affected by noise from the Orange Airport, especially as the airport is currently being upgraded;

·    Existing bores and a 250m buffer to those bores may impact on the use of on-site effluent management systems (particularly septic systems) that may impact on groundwater quality and this reduces the development potential of some land;

·    Some of the land is relatively flat and may have some drainage issues that make it less attractive and more difficult/expensive to build.

 

MATTERS FOR CONSIDERATION

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

 

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

 

Clause 1.2 Aims of the Plan

The broad aims of the LEP are as follows:

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

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

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

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

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

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

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

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

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

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

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

 

Clause 1.9A Suspension of covenants, agreements and instruments

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

·    Covenants imposed or required by council

·    Prescribed instruments under s183A of Crown Lands Act 1989

·    Any conservation agreement under National Parks and Wildlife Act 1974

·    Any trust agreement under the Nature Conservation Trust Act 2003

·    Any property vegetation plan under the Native Vegetation Act 2003

·    Any bio banking 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 R5 Large Lot Residential

Lot size map

Minimum lot size 2ha

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 R5 Large Lot Residential by the Cabonne Local Environmental Plan 2012.  Subdivision of land is permissible within this zone, subject to Council’s development consent.

 

Objectives of the R5 Large Lot Residential zone

The zone objectives for R5 Large Lot Residential zone seek to

 

·    provide residential housing in a rural setting while preserving, and minimizing impacts on, environmentally sensitive locations and scenic quality.

·    ensure that large residential lots do not hinder the proper and orderly development of urban areas in the future.

·    ensure that development in the area does not unreasonably increase the demand for public services or public facilities.

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

 

Concern has been raised by Orange City Council regarding further development potential on the Cabonne LGA for residential purposes. Spring Hill large lot residential subdivision is immediately adjacent to the village of Spring Hill which has both a reticulated water service provided by Orange City Council and a reticulated sewerage service that runs to the nearby Sewerage Treatment Plant to the north of Spring Hill. Bore GW48408 is used to provide municipal drinking supplies for Spring Hill and a 250m buffer is recommended around this bore for all effluent management systems. This bore is located near the northern boundary of the R5 zone adjacent to Forest Road and the boundary with Orange City Council LGA. An increase in development within the Cabonne LGA may have un-foreseen consequences for the water supply for Spring Hill village. Further consultation and investigation should be undertaken between the two LGA authorities.

 

Whilst the individual development provides residential housing in a rural setting, the cumulative impact on groundwater and drinking water catchment for the site and the Spring Hill large lot residential area as a whole may be unrealized. These matters were identified in the original Local Environmental Study (LES) as issues limiting further subdivision potential in the area for large lot residential purposes.

 

Land zoned for agriculture surrounds the subject lot to the west (see below). The zoning map highlights that the area rezoned adjoins agricultural land. Council has received correspondence from an adjoining property owner claiming that the growth of rural residential dwellings is interfering with their ability to farm adjacent agricultural land. It should therefore be understood and recognised the creeping nature of rezonings and its affect on agriculture and community expectation.

 

8894447

 

 

Part 2 – Permitted or prohibited development

Clause 2.6 Subdivision – consent requirements

Subdivision is permissible with development consent.

 

Part 4 – Principal development Standards

Clause 4.1 Minimum subdivision lot size

(3) The proposal meet the requirements on the minimum lot size map for R5 land that being a minimum of 2 hectares per lot.

 

Part 6 – Additional local provisions

Clause 6.4 Groundwater vulnerability

 

4318629

 

LEP mapping identifies the site and surrounding locality as being groundwater vulnerable moderately high- high. Bore GW48408 is used to provide municipal drinking supplies for Spring Hill and a 250m buffer is recommended around this bore for all effluent management systems. Additional strategic work undertaken for the Spring Hill large lot residential area after the implementation of the CLEP 2012, identified a need for further research into approved and potential types of effluent management systems (eg Ecomax) that are or could be used in this area in order to address groundwater issues.

 

Clause 6.5 Drinking water catchments

 

 3945063

 

The above map indicates that the site is within the water drinking catchment for Spring Hill. Bore GW48408 is used to provide municipal drinking supplies for Spring Hill and whilst reticulated water is not supplied to the large lot residential area any increase in development within the Cabonne LGA may have un-foreseen consequence for the water supply for Spring Hill village. To date this aspect has not been further investigated with Orange City Council.

 

Clause 6.8 Essential services

The proposal meets the requirements of essential services for electricity and access. The lots will not be serviced by reticulated water or sewer. The lots will be required to provide on-site septic and on-site management effluent studies have been provided in support of the application.

 

REGIONAL ENVIRONMENTAL PLANS

 

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

 

STATE ENVIRONMENTAL PLANNING POLICIES

 

Cabonne Council is identified within the SEPP 44 schedule as having koala habitat.  The applicant has not addressed the SEPP; 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 Rural Lands (2008) applies to the development.

 

8 Rural Subdivision Principles

The Rural Subdivision Principles are as follows:

(a) the minimisation of rural land fragmentation,

The area has already been rezoned for large lot residential use. The R5 land will not be used for agricultural use; the use is for rural residential purposes.

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

Whilst the existing lot also adjoins the agricultural land to the east, the current lot layout provides a significant buffer with the registered building envelope providing a distance of approximately 80m to the agricultural land. By allowing an additional lot on this land parcel, land use conflicts may arise with the buffer distance between the two (2) zones being significantly reduced. Whilst the application does not indicate an identifiable building envelope there will be a requirement to offset the building envelope 20m off the boundaries. Should the application be approved, substantial landscaping along the western boundary should be considered for amenity purposes.

(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,

Council’s Sub-Regional Rural and Industrial Land Use Strategy does not identify any further expansion or investigation areas for future re-zonings in the Spring Hill area.

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

It should be highlighted that environmental concerns have been raised; in particular the cumulative impact on groundwater and drinking water catchment for the area. These environmental factors were the driving factors in restricting the number of lots created in the re-zoning process. The re-zoning never intended for these rural residential lots to be further subdivided.

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

10 Matters to be considered in determining development applications for rural subdivisions or rural dwellings

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

The subject land is zoned R5 Large Lot Residential

(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.

The application is for subdivision for the purposes of a residential 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 land is currently vacant land and has the ability for a dwelling on the sites current form/lot layout. Surrounding land comprises rural residential lots with dwellings with land to the west zoned RU1 Primary Production. The proposal is to further subdivide this land for an additional dwelling that will adjoin agricultural land with significantly reduced buffer.

(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,

There may be an increase in land use conflicts with the land to the west that is identified as agricultural land.

(c) whether or not the development is likely to be incompatible with a use referred to in paragraph (a) or (b),

This site was land included for the large lot residential rezoning (from agricultural land). Surrounding lots are predominantly rural residential, with the land to the west zoned 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,

Whilst the land is zoned for rural residential use, the land to the west of the subject land is agricultural land.

(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 by the applicant to address any incompatibility of adjoining land uses. Whilst the land will be required to be adequately fenced, adequate landscaping measures may be considered by Council to provide a buffer between the rural residential zone and the agricultural land.

The proposal is generally consistent with the provisions of the SEPP. The boundary between the agricultural zone and rural residential zone does however have an impact with the proposed additional dwelling on this lot.

 

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 6 – Rural Small Holdings applies to this land and is generally consistent with the provisions of the plan.

 

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

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

 

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

 

Siting /location

The subject land is located within the large lot residential area of Spring Hill adjacent to the village. Land to the west of Lot 14 adjoins agricultural land.

 

Lot size and shape

Whilst the lot is regular in shape it is not consistent with the surrounding pattern. Equally the allowance for a battle-axe block is not consistent and not ideal.

 

Proposed lot size meets the numerical minimum lot size requirements under the LEP provisions. Land on either side of this parcel has areas in excess of 4ha (to the north) and 8ha (to the south) respectively. The surrounding lots have areas between 2ha and 13ha.

 

Clause 16 of CLEP 1991 required a maximum number of 22 lots in the rezoning with any lot to be created being a minimum of 2 hectares.

 

There are a number of lots in excess of 2 hectares that may have the potential for further subdivision based purely on minimum lot size. Based on the numerical minimal lot size of 2 hectares there may be the potential for an additional 16 lots (this includes the additional lot being determined via the subject DA).

 

Building Envelopes

 

 


 

The original building envelope identified for existing Lot 14 is shown above. The proposal has not identified new building envelopes for the proposed subdivision. Keeping in mind the new lot sizes and shapes and equally identifying the impact of drinking water catchment and groundwater vulnerability.

 

 Access and traffic

Access for Proposed Lot A will be via Spring Hill Road; with a new access point being required to be constructed to meet Council’s current specifications. Proposed Lot B is existing and meets Council’s current engineering specifications. Access to Proposed Lot B is also via Spring Hill Road.

 

An additional lot will increase traffic generation for the locality. Based on the proposed development, any increase in traffic volume is considered minor in nature with the road network satisfactory and capable of the minor increase.

 

Agricultural Impact

The rezoning of this area in Spring Hill for large lot residential was specifically undertaken to address the issue of land use conflict between the original dairy and Spring Hill urban area along with community support. However, strategic work undertaken after the implement of the CLEP 2012 has identified that adjacent land owners are already claiming that the growth of rural residential dwellings is interfering with their ability to farm adjacent agricultural land. It should therefore be understood and recognized the creeping nature of rezonings and its affect on agriculture and community expectation.

 

Groundwater implication/sewerage

LEP mapping identifies the site and surrounding locality as being groundwater vulnerable Moderately High- High.

 

 

 

There are no bores located on this site (ie Lot 14) however, nine (9) bores are located within 1000m of the site (see above map). The bores are licensed for domestic and stock purposes and have water bearing zones from 15m in confined basalt.

 

Bore GW48408 is used to provide municipal drinking supplies for Spring Hill and a 250m buffer is recommended around this bore for all effluent management systems. In-house strategic analysis of this area identifies a need for further research into approved and potential types of effluent management systems (eg Ecomax) that are or could be used in this area in order to address groundwater issues.

 

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

 

Council’s Bushfire Services Contributions Plan does apply to the proposed development. Contributions have been calculated and have been included in draft conditions of consent to be paid prior to the release of the subdivision.

 

No additional contributions would be required for roads.

 

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

 

The proposed development is not advertised development; however was neighbourhood notified as per Council’s notification policy for subdivisions.  No submissions were received by the close of the exhibition phase. 

 

PUBLIC INTEREST s79C(1)(e)

 

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

 

CONCLUSION

The proposed development for a two (2) lot Subdivision is permissible with the consent of Council. The development complies with the numerical development standard for lot size for subdivision for the purposes of Large Lot Residential, however there are identifiable environmental constraints that may limit further subdivision. These include the need to separate effluent management systems and development from existing bores, drainage patterns and impacts on the village of Spring Hill for reticulated water supply. The impacts on maintaining agriculture for those lots in close proximity to the subject land should also be considered in any land use conflict with agricultural operations and residential dwellings.  There is also the potential for receipt of further subdivision applications for remaining lots may have impact beyond the individual lots. Consideration by Council should take these matters into account in the determination of this application. Council should also consider increasing the minimum lot size for the Spring Hill R5 area and/or limiting the number of lots through the preparation of a planning proposal as an amendment to Council’s current LEP. It is recommended that the application be refused.

 

 

 

ITEM 42 - REQUEST FOR REIMBURSEMENT OF DEVELOPMENT APPLICATION FEES - 2014/153 - GOAT PAVILLION - LOT 131 DP 756883, EUCHAREENA ROAD, MOLONG

REPORT IN BRIEF

 

Reason For Report

To obtain Council approval for the donation of $227.00 as reimbursement of development application fees paid in association with DA 2014/153 for goat pavillion at the Molong Showground

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\2014\03-2014-0153 - 584668

 

 

Recommendation

 

THAT Council donate $227.00 from its s365 budget to the Molong Show Society, being the amount equivalent to development application fees paid in association with Development Application 2014/153 for a goat pavilion - Lot 131 DP 756883, Euchareena Road, Molong.

 

 

Director of Environmental Services' REPORT

 

Council has received a request from the Molong Show Society seeking reimbursement of fees paid in association with DA 2014/153 for the goat pavilion at Lot 131 DP 756883, Euchareena Road, Molong.

 

The fees paid totalled $630.00 and consisted of the following;

 

Development Fee                $227.00

Construction Certificate     $153.00

Inspections                           $200.00

Occupation Certificate        $50.00

 

The DA for this application has been approved and consent granted on 11 April 2014.

 

Council’s Donations policy (dated 17 December 2012) includes the following procedural statements:

 

1.      Development Application (DA) fees

Council will donate an amount equal to refunding the actual amounts paid as Council DA fees and charges, as defined, in instances relating to Council owned / controlled or Crown Land where the improvement would become a Council Asset.

Any requests for a refund/donation of DA fees by Not-For-Profit/Community Organisations will be submitted for consideration by Council with the amount to be refunded / donated to be determined on a case by case basis.

For clarity it is noted the following fees are not eligible for donation: statutory fees such as long service levy, advertising, planning reform (plan first levy) and other fees which may be charged including inspections, occupation certificate, subdivision, subdivision certificates, integrated development and principal certifying authority.

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

 

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

 

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

 

Based upon the above procedural statements the fee of $227.00 would be considered for donation back to the applicant. 

 

ITEM 43 - QUESTIONS FOR NEXT MEETING

REPORT IN BRIEF

 

Reason For Report

To provide Councillors with an opportunity to ask questions/raise matters which can be provided/addressed at the next Council meeting.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

 4.5.1.a - Provide quality administrative support and governance to councillors and residents.

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\NOTICES - MEETINGS - 587847

 

 

Recommendation

 

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

 

Director of Finance and Corporate Services' REPORT

 

A call for questions for which an answer is to be provided if possible or a report submitted to the next Council meeting.

 

 

ITEM 44 - 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 - 587848

 

 

Recommendation

 

THAT:

 

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

2.   The balance of the items be noted.

 

 

General Manager's REPORT

 

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

 

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

 

 

ITEM 45 - MATTERS OF URGENCY

REPORT IN BRIEF

 

Reason For Report

Enabling matters of urgency to be called.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.1.a. Provide quality administrative support and governance to Councillors and Residents

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\GROUPING OF REPORT ADOPTION and BUSINESS PAPER ITEMS FOR NOTING REPORTS - 590177

 

 

Recommendation

 

THAT Councillors call any matters of urgency.

 

Director of Finance and Corporate Services' REPORT

 

Council’s Code of Meeting Practice allows for the Council to consider matters of urgency which are defined as any matter which requires a decision prior to the next meeting or a matter which has arisen which needs to be brought to Council’s attention without delay such as natural disasters, states of emergency, or urgent deadlines that must be met”.

 

This items enables councillors to call any item that meets this criteria.

 

 

ITEM 46 - COMMITTEE OF THE WHOLE SECTION OF THE MEETING

REPORT IN BRIEF

 

Reason For Report

Enabling reports to be considered in Committee of the Whole.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.1.a. Provide quality administrative support and governance to Councillors and Residents

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\GROUPING OF REPORT ADOPTION and BUSINESS PAPER ITEMS FOR NOTING REPORTS - 589795

 

 

Recommendation

 

THAT Council hereby resolve itself into Committee of the Whole to discuss matters called earlier in the meeting.

 

Director of Finance and Corporate Services' REPORT

 

Council’s Code of Meeting Practice allows for the Council to resolve itself into “committee of the whole” to avoid the necessity of limiting the number and duration of speeches as required by Clause 250 of the Local Government (General) Regulation 2005.

 

This item enables councillors to go into “committee of the whole” to discuss items called earlier in the meeting.

   


Item 7 Ordinary Meeting 28 October 2014

Item 7 - Annexure 1

 

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Item 7 Ordinary Meeting 28 October 2014

Item 7 - Annexure 2

 

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Item 10 Ordinary Meeting 28 October 2014

Item 10 - Annexure 1

 

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Item 10 Ordinary Meeting 28 October 2014

Item 10 - Annexure 2

 

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Item 19 Ordinary Meeting 28 October 2014

Item 19 - Annexure 1

 

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Item 22 Ordinary Meeting 28 October 2014

Item 22 - Annexure 1

 

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Item 25 Ordinary Meeting 28 October 2014

Item 25 - Annexure 1

 

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Item 25 Ordinary Meeting 28 October 2014

Item 25 - Annexure 2

 

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Item 32 Ordinary Meeting 28 October 2014

Item 32 - Annexure 1

 

Tender Evaluation Report for the Request for Tender for Supply and Delivery of Road Signs to Central NSW Councils
No: S2_2014

Procurement Manager: Kate Barker
28 August 2014
annualreport_cover_draft2.jpg

TABLE OF CONTENTS

 

1       Executive Summary. 3

1.1         Receipt and Upload. 3

1.2         Evaluation. 3

1.3         Objective. 3

1.4         Recommendation. 3

2       RFT process. 3

2.1         Preparing the RFT. 3

2.2         Tender Evaluation Group (TEG). 3

2.3         Tender Evaluation Plan (TEP). 4

2.4         Tenders received. 4

2.5         Conditions of participation. 4

3       Evaluation activity. 4

3.1         Evaluation rankings. 4

3.2         Copies of assessment sheets. 5

3.3         Summary of any clarifications sought. 5

3.4         Details of any discussions with tenderers. 5

3.5         Details of any referee reports. 5

3.6         Offer risk. 5

4       Costs. 5

4.1         Cost risk. 5

5       Recommendation. 6

5.1         Enter into negotiations. 6

 


 

1     Executive Summary

This report covers the evaluation process conducted by the Tender Evaluation Group (TEG) upon tenders received in response to Centroc’s Request for Tender (RFT) for Supply and Delivery of Road Signs to Central NSW Councils RFT No: S2_2014.

 

An independent procurement consultant from Centroc facilitated the preparation of the RFT and provided other assistance during the project.

 

1.1    Receipt and Upload

Seven (7) tenders were received by the tender close time.  The RFT sought tenders in electronic format through the Apet360Pro website. 

 

1.2    Evaluation

TEG members actively participated as a team in the evaluation of tenderers’ capabilities against the evaluation criteria.

 

The TEG is confident the recommended tenderers, should they be contracted, will provide a satisfactory solution.  The TEG expects the recommended tenderers to have both the capability and capacity to deliver the outcomes sought by the RFT.

 

1.3    Objective

Through this RFT the Central NSW Councils sought to identify companies capable of supply and delivery of road signs to some or all 15 of its members. The TEG assessed value for money by reviewing:

 

a)    tenderer capability against the evaluation criteria

b)    pricing

 

1.4    Recommendation

The TEG recommends Centroc enter into contract negotiations with:

·    Art Craft

·    Barrier Signs

·    DeNeefe Signs

2     RFT process

2.1    Preparing the RFT

Centroc assisted in preparing the RFT.  The RFT was released on 30 July 2014 and tenders were received from the electronic tender box on Tenderlink on 20 August 2014.

2.2    Tender Evaluation Group (TEG)

The Tender Evaluation Group (TEG) for this RFT consisted of the following people who were in attendance at the Supply Management Team meeting in Blayney on 27 August 2014:

Name

Council

Garry Keen

Blayney Shire Council

Geoff Paton

Blayney Shire Council

Peter Heffernan

Cabonne Council

Ian Lovett

Cowra Shire Council

Mark Cronin

Lithgow City Council

Brian Jones

Lachlan Shire Council

 

The TEG was assisted by Kate Barker, Centroc’s Energy and Training Program Manager.

 

2.3    Tender Evaluation Plan (TEP)

The TEG conversed before tenders were received to discuss the format for the evaluation and to determine the relative importance of RFT elements against which tenderers were requested to respond.

 

2.4    Tenders received

When the tender period closed, tenders were available on Apet360Pro and accessed by Centroc procurement staff.  Tenders from the following companies were received:

 

Company Name

ArtCraft

Barrier Signs

Delnorth Pty Ltd

DeNeefe Signs

Hi-Vis Signs and Safety

Road Management Solutions

Roadside Services and Solutions Pty Ltd

 

2.5    Conditions of participation

Centroc staff conducted a confirmation evaluation stage to ensure tenderers had complied with the conditions of participation outlined in the RFT.

3     Evaluation activity

 

The TEG met at Blayney Shire Council on 27 August 2014 at the conclusion of the Supply Management Team meeting to begin the evaluation.  Each tender was displayed by a data projector using the Apet software. This allowed the TEG to efficiently conduct the evaluation in a ‘paperless’ environment. 

 

The TEG entered quantitative details into Apet in accordance with the TEP ‘scoring table’.

These ‘scores’ reflected the TEG’s evaluation of, for example, tenderers’ experience, and capacity to meet technical requirements.

 

The TEG also entered qualitative details into Apet.  Qualitative details support, for example, scores assigned wherever a tenderer was assessed as not meeting technical requirement to the TEG’s satisfaction.

 

3.1    Evaluation rankings

 

Evaluation rankings were as follows:

Ranking

Vendor

Effectiveness Score

1

ArtCraft

78%

2

Barrier Signs

76%

3

DeNeefe Signs

72%

4

Hi-Vis Signs and Safety

68%

5

Road Management Solutions

68%

6

Delnorth Pty Ltd

60%

7

Roadside Services and Solutions

40%

 

3.2    Copies of assessment sheets

Copies of the assessment sheets are available from Kate Barker, Centroc’s Energy and Training Program Manager. They are stored on Centroc’s electronic filing system in the Tenders folder.

 

3.3    Summary of any clarifications sought

Nil.

 

3.4    Details of any discussions with tenderers

DeNeefe confirmed that they have $10m Professional Indemnity insurance, which was not mentioned in their tender response.

 

Artcraft were asked to increase their level of Professional Indemnity insurance from $2m to $10m.

3.5    Details of any referee reports

Referee reports are available on request from Kate Barker. They are stored on Centroc’s electronic filing system in the Tenders folder.

 

3.6    Offer risk

The TEG is of the firm opinion that the recommended tenderers are capable of delivering a technical solution and services of the nature that Centroc members have requested.

4     Costs

Note that this is Confidential Information and should not be shared with providers or non-Council personnel.

 

The pricing for both conforming tenderers form an attachment to this report.

 

4.1    Cost risk

Cost risk is the risk that eventual costs will vary either above or below the tendered costs.  Tenderers were asked to confirm the pricing for the life of the contract. 

 

The TEG considered the likely financial impact of cost risk to be negligible over the term of the contract when determining the tenderer reflecting best value for money.

5     Recommendation

5.1    Enter into negotiations

The TEP recommend that Centroc members enter into contract negotiations with:

 

·    ArtCraft

·    Barrier Signs

·    DeNeefe Signs

 

Councils are asked to notify Centroc of their decision to accept the above 3 providers, and forward a copy of the signed contracts.


Item 36 Ordinary Meeting 28 October 2014

Item 36 - Annexure 1

 

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Item 38 Ordinary Meeting 28 October 2014

Item 38 - Annexure 1

 

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Item 39 Ordinary Meeting 28 October 2014

Item 39 - Annexure 1

 

ITEM 6 - DA 2012/148 FOR INDUSTRY (STEEL FABRICATION) AND  ALTERATIONS AND ADDITIONS TO EXISTING CAR REPAIR STATION ON LOT 2 SECTION 3 DP 758221, ROBINSON STREET, CANOWINDRA

REPORT IN BRIEF

 

Reason For Report

To be determined by the Committee due to Council receiving five (5) submissions opposing the development.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.3.a Provide efficient and effective development assessment

Annexures

1.  DRAFT CONDITIONS     

File Number

\Development Applications\DEVELOPMENT APPLICATION\2012\03-2012-0148 - 492553

 


 

Recommendation

 

THAT Development Application 2012/148  for Industry (Steel Fabrication) and alteration and additions to existing Car Repair Station,  on Lot 2 Section 3 DP 758221, Robinson Street, Canowindra be granted consent subject to the conditions attached.

 

 

 


Senior Town Planner's REPORT

 

ADVISORY NOTES

Record of voting

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

 

Political Disclosures

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

 

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

 

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

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

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

 

Nil planning application disclosures have been received. 

 

Nil public submission disclosures have been received. 

 

 

SUMMARY

 

The following report provides an assessment of the development application submitted for Industry (Steel Fabrication) and Alterations and Additions to Existing Car Repair Station on Lot 2 Section 3 DP 758221, Robinson Street, Canowindra.

 

The development was advertised and neighbour notified for the required 14 day period. Five (5) submissions were received during the advertising/notification period raising concerns about access, traffic, noise, hours of operation, the type of proposed operation and its suitability in a predominantly residential area. The proposal has been assessed in accordance with the relevant planning provisions and is recommended for approval subject to conditions of consent.

 

Applicant:          Gregory Kenneth Wythes

Owner:               MD & JE Wythes

Proposal:           Industry (Steel fabrication) and Alterations and Additions to Existing Car Repair Station  

Location:            Lot 2 Section 3 DP 758221, Robinson Street, Canowindra

Zone:                  2(v) Village or Urban

 

The DA was lodged in April 2012 for alterations and extensions to the existing workshop. Assessment of the DA is under the provisions of CLEP 1991 being the instrument in force at the time of lodgement.

 

THE PROPOSAL

The proposal relates to the use of an existing site within the village zone of Canowindra for the purposes of Industry (Steel Fabrication) and Car Repair Station (Rural machinery repairs). The proposal also seeks consent for alterations and additions to the existing on-site shed.

 

The proposed development indicates hours of operation as being 9:00am to 5:00pm Monday to Friday. No work will be undertaken on Saturdays, Sundays or public holidays. Employee numbers are anticipated at between two (2) and four (4) staff. Five (5) parking spaces will be provided and located on-site with one space dedicated for disabled access. Truck movements are anticipated as on average of one (1) movement per week (for delivery). Two (2) to three (3) additional movements are anticipated each day. All vehicles entering and exiting the site to and from Robinson Street will be in a forward direction. No painting or spray painting will take place on site. No details have been given for the existing business operation (repair of farm machinery) for hours of operation, or vehicle movements.

 

Waste steel will be collected in steel scrap bins and collected by recyclers on an as needs basis. Any waste oil will be collected in waste oil bunds and collected by a waste oil merchant.

The proposal also includes shed extensions for an 11.8m x 14.960m x 4.185m open awning to the eastern side of the shed/workshop and a 8.0m x 12.550m x 4.8m enclosed extension to its southern side. Site coverage has increased from approximately 222m² (with existing office, amenities and workshop area) to approximately 499m² (to include new workshop area and awning). These areas indicate that site coverage for the proposed development has more than doubled.  A concrete panel retaining wall to the western side of the allotment approximately 2.0m high is also proposed. Materials for the extensions are proposed to use colorbond wall cladding, fascia, guttering and roofing to match existing materials. 

 

THE SITE

 

The subject site is located on the northern side of Robinson Street approximately 140m to the west from its intersection with Milton Street. The site has an area of approximately 2023m² with existing access from Robinson Street. The site has an existing shed that has been used by the owners for farm machinery repairs. The surrounding land use is residential. The site is Zoned 2(v) Village or Urban under the provisions of the Cabonne Local Environmental Plan 1991.

 

Site Map

1061396

 

 

3727351

 

BACKGROUND

 

The applicant had indicated that the site and existing shed/workshop has been used for mechanical and farm machinery repairs. A search of Council’s records has failed to find any approval for the use of the shed for the purposes of car repair station as defined by the definitions of the Model Provisions 1980. In addition, Council however, also acknowledges that there is no record of complaints pertaining to this site for noise, hours of operation, access and/or traffic. The existing shed on the site was approved via BA 183/90 on 25 September 1990.

 

Settlement Strategy

The proposed development was submitted prior to the issue of the Section 65 Certificate for the Draft Cabonne Local Environmental Plan 2012 and as such no assessment against the draft provisions is required. Despite this, the Cabonne Settlement Strategy 2012 identifies this site and the surrounding locality to be zoned R1 General Residential. The strategy also highlights the need for Canowindra to move towards complex zoning to reduce incompatible land use conflicts. As such, the strategy further highlights appropriate areas within Canowindra to be zoned for industrial activities. The CLEP 2012 was gazetted on 18 January 2013 and identifies the subject land as R1 General Residential with a specific industrial zone in north Canowindra.

 

MATTERS FOR CONSIDERATION

 

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

 

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

Cabonne Local Environmental Plan 1991 (Amended)

 

Clause 9:

 

The subject land is zoned 2(v) Village or Urban under the provisions of the Cabonne Local Environmental Plan (LEP) 1991. The use of the site for the purposes of Industry (Steel Fabrication) and Car Repairs on land zoned 2(v) is considered to be permissible with consent from Council under the provisions of Clause 9 of the Cabonne LEP 1991.

 

Under the NSW Environmental Planning and Assessment Model Provisions 1980

 

"industry" means:

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

(b) the breaking 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 and

 

car repair station means a building or place used for the purpose of carrying out repairs to motor vehicles or agricultural machinery not being:

 

(a) Body building

(b) Panel beating which involves dismantling, or

(c)  Spray painting other than of a touching-up character

 

As such the proposal would be best defined as industry and car repair station for the purposes of this development.

 

Objectives of the 2(v) Village or Urban Zone

 

The objective of the zone is “promote development in existing town and villages in a manner which is compatible with their urban function”.

 

The proposal is for the use of the existing site for the purposes of industry (steel fabrication) and car repair station (repair of farm manchinery) and is not considered to be inconsistent with the provisions of the LEP or the objectives of the 2(v) zone.

 

STATE ENVIRONMENTAL PLANNING POLICIES

 

There are no State Environmental Planning Policies that relate to the subject land or the proposed development.

 

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

 

The Development Application was lodged prior to the issue of the S65 Certificate for the Draft Cabonne Local Environmental Plan 2012 and as such no assessment of the draft provisions is required. The subject land is zoned R1 – General Residential under the draft planning provisions. The objectives of the General Residential Zone are:

·    To provide for the housing needs of the community

·    To provide for a variety of housing types and densities

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

 

It should be noted that land uses for the purposes of industry and vehicle repair station are prohibited under the draft planning provisions. The definitions of these land uses under the standard instrument are as follows:-

 

Vehicle repair station means a building or place used for the purpose of carrying out repairs to, or the selling and fitting of accessories to, vehicles or agricultural machinery, but does not include a vehicle body repair workshop or vehicle sales or hire premises.

 

Industry means any of the following:

(a) General industry;

(b) Heavy industry;

(c)  Light industry;

but does not include:

(d) Rural industry; or

(e) Extractive industry; or

(f)   Mining

 

Industrial activity means the manufacturing, production, assembling, altering, formulating, repairing, renovating, ornamenting, finishing, cleaning, washing, dismantling, transforming, processing, recycling, adapting or servicing of, or the research and development of, any goods, substances, food products or articles for commercial purposes, and includes any storage or transportation associated with any such activity.

 

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

 

No development control plans are applicable for the site.

 

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

 

As a draft condition of consent the applicant will be required to submit a Fire Safety Schedule addressing issues of portable fire extinguishers and emergency lighting.

 

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

 

Context and Setting:

 

The subject site appears to have been used for industrial type purposes for the past 25 years. The applicant has implied the site has been used by the owner to repair mainly agricultural machinery on site. It should be noted that a search of Council records has not located a development approval for the site for repair of agricultural machinery or motor vehicles. Approval was granted for the existing shed via BA 183/90 dated 25 September 1990. The surrounding locality is predominantly residential, however conditions of consent should enable impacts to be minimised. It should be noted that alternate sites have been investigated by the applicant/developer within Canowindra for the proposed development.

 

Access, Transport and Traffic:

 

Access to the site is identified as being via Robinson Street. The Development Engineer has assessed the existing access and determined that it does not meet Council’s current specifications and as such will be required to be upgraded. A draft condition has been included to address the access upgrade.

 

The Development Engineer has also assessed the proposal in relation to car parking, vehicles movements, traffic generation and on-site manoeuvring. Appropriate conditions have been imposed to address compliance for the proposed development in relation to these aspects of traffic development.

 

Proposed vehicle movements for the development include a single delivery of steel per week with the largest vehicle being a semi-rigid truck. Additional deliveries will be up to two (2) extra per week via a courier service and will be for small deliveries if required. Additional movements are anticipated by the applicant being 2-3 per day. Vehicle movements for the existing operation have not been provided. The proposed development is not considered to result in a significant increase in the volume of traffic associated with the development or traffic generated within the locality. The Applicant has indicated that proposed development will have two (2) to four (4) employees. Employee and customer parking is proposed on-site to the south of the proposed shed extension for a total of five (5) car spaces, one (1) of which will be designated disabled parking. The development is expected to generate on average one (1) truck movement per week, with a maximum of 2-3 vehicle movements per day. Further, the existing road system can accommodate the traffic generated from the proposed development.

 

All vehicles and trucks will enter and exit the site via Robinson Street. The applicant does also indicate the use of the laneway. This road is identified as a crown road and as such any maintenance and use of this laneway/road would require consent from the crown. A condition of consent has been included addressing these requirements. Due to the condition of the laneway Council will require the primary access for the development site to be via Robinson Street.

 

Noise Generation:

 

The main machinery involved in the manufacturing process and farm machinery repairs is welders, grinders and a forklift. These would be operated within the buildings. Regular use of such machinery may be intrusive to the surrounding locality and as such may be out of character for a predominantly residential area. Noise emission is regulated under the provisions of the Protection of the Environment Operations Act 1997 and is included as a condition of consent requiring compliance. Concerns regarding potential noise from the development have been identified by objectors. As Council is the authority for noise issues under the Protection of the Environment Operations Act, a condition of consent has been included requiring the applicant to undertake a noise assessment to determine a benchmark for current noise operational levels. 

 

Noise generated by traffic in this instance would be considered satisfactory due to the relatively small vehicle numbers projected to access the site. No traffic movements are permitted outside of operating hours.

 

Utilities:

 

The site is currently connected to reticulated water and sewerage. The development proposal does not require any alterations to the existing connections on the site.

 

Power and telecommunication are available on the site and any requirements for the upgrade of these services will be at the full cost to the applicant.

 

Heritage:

 

The subject land is not listed as a heritage item in Schedule 1 of the Cabonne LEP 1991, and is not identified as an area of heritage conservation. In addition, the site is not in close proximity to any items of environmental heritage.

 

Visual Amenity:

 

The site is located within the existing village zone. Surrounding land uses are predominantly residential. Site coverage has increased from approximately 222m² (with existing office, amenities and workshop area) to approximately 499m² (to include new workshop area and awning). These areas indicate that site coverage for the proposed development has more than doubled. Landscaping is considered appropriate for the development to assist in the visual amenity of the site and any impact of the proposed development on the surrounding locality. Landscaping is to be provided along the southern and eastern boundaries and the area along the western boundary that does not contain the shed extension. A condition of consent will require a landscaping plan to be submitted to the satisfaction of the Director of Environmental Services prior to the release of the construction certificate (CC). In addition, planting will be required to be completed prior to any issue of any occupation certificate and must be maintained at all times. A bond will also be required to ensure the landscaping is completed and maintained. 

 

The applicant has indicated that external finishes are to match existing. A condition will be included to restrict the use of reflective materials.

 

Water:

 

The subject site has access to the local Authority’s reticulated water supply and as such has adequate water supply for the development proposal. 

 

Flora and Fauna:

 

The proposal is not considered to have any impact on flora or fauna.

 

Waste:

 

Steel has been identified as a waste product. Any steel as waste will be collected in steel scrap bins and then sent to recyclers. Waste oil will be collected in waste oil bunds and collected by an approved waste oil merchant on a regular basis. No hazardous materials will be used or stored on site.

 

Natural Hazards

 

The proposal is not considered to result in any natural hazards.

 

Safety, Security and Crime Prevention

 

If the proposed development is approved, it is considered that the development would not pose a security risk to the surrounding area.

 

Signage

 

The application does not indicate any signage for the proposed development. A condition of consent will be included requiring approval for any future signage.

 

Construction

 

The proposal does require construction works to be undertaken. A construction certificate will be required for the proposed works. The development approval would require additions to comply with the BCA. In addition, fire safety requirements, access/traffic requirements have been conditioned appropriately.

 

There is a retaining wall to be constructed and this will be require certification by a practising structural engineer prior to any occupancy. A report as to the structural adequacy of such retaining wall is to be provided to Council.

 

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

 

The subject site is located within a village zone that allows for flexibility of land uses. The proposal is not contrary to the zone objectives or the CLEP 1991. Adequate arrangements can be made for access, parking, drainage, amenity, noise, sewerage and essential services. On this basis, the subject site is considered suitable for the proposed development.

 

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

 

The proposed development was neighbour notified and advertised for a period of fourteen (14) days. Five (5) submissions were received during the notification period. The following table addresses the issues raised:-

 

 

Submission

Issues Raised

Comment

 

Submission 1

 

Proposed development is located within a predominant residential area and the amenity of the area should be kept for that use.

 

Traffic impacts

 

 

 

 

 

 

 

The scale of the proposed activity and how it fits with the residential aspect of the area

 

Canowindra has a designated light industrial area and this type of activity is  best suited for that area and not a residential area

 

 

 

 

Noise impacts

 

 

 

 

Hours of operation

 

The proposed use of the site is not a prohibited use under the local provisions of the CLEP 1991.

 

 

Traffic impact has been assessed and the scale of the proposed development can be conditioned. The proposed access requires upgrading however the existing roadwork is capable of sustaining any increase in traffic generation.

 

Scale of proposed activity can be conditioned.

 

 

Assessment under CLEP 1991 allows for a variety of uses within the village zoning. Complex zoning such as industrial zoning has been included in CLEP 2012 for Canowindra

 

 

Regulated by the Protection of the Environment Operations Act 1997 (PEOA Act)

 

 

Hours of operation are a condition required by the applicant to adhere to. The proposed hours of operation are not out of normal hours of operation.

 

 

Submission 2

 

The proposed extension will impose upon my views should I choose to build

 

 

Proposed zone under the draft LEP will be residential. Manufacturing will be prohibited

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Existing use rights

 

 

Is there any approval for the existing activity and building

 

 

 

 

 

 

 

Visual amenity as the site is in a prominent location with a significant impact upon adjoining properties

 

 

 

 

 

 

 

 

Increase in number of employees to 3 indicates a significant increase in activity

 

 

Manufacturing process is an inappropriate use within a residential area

 

 

 

Increase in noise

 

 

 

 

 

 

 

 

 

 

No waste management plan

 

Visual amenity is assessed under section 79C and conditions can be imposed to reduce visual impact of the development.

 

The existing zoning is 2(v) Village or Urban and is a flexible zone that allows for a variety of uses. The zone objective is to promote development in its existing towns and villages in a manner which is compatible with their urban function. Part of the assessment process is to establish whether the proposed use is compatible with the surrounding area and what impact the new use would have on the existing environment. The proposed use for manufacturing and repairs of farm machinery is not prohibited within the village zone.

 

There are no existing use rights

 

 

A search of Council manual and electronic records has not located an approval for the site for the repair of farm machinery. The existing shed has consent via BA 183/90 and issued 25 September 1990.

 

 

There is a significant increase of site coverage by the proposed development (more than doubling) from 222m² (containing existing structures) to 499m² (including the proposed additions). Conditions requiring landscaping of the site to reduce visual impact. The site has an existing shed. This DA also seeks to increase the size of the shed.

 

See above comments. Proposed scale of development can be conditioned.

 

 

The use is not prohibited within the existing village zone. The DA process allows for an assessment of all the potential impacts of the proposed use.

 

Noise emission can be addressed via conditions of consent requiring compliance under the PEOA Act. As Council is the authority to administer the PEOA Act for noise issues, a condition has been included to require a noise study to determine the current noise levels for the area.

 

Appropriate conditions of consent can be included to address concerns regarding waste

 

Submission 3

 

The site has been operating as a workshop for some time and is not a new business

 

 

 

 

 

 

 

 

Massive shed will impose on any potential development or sale in the future for the surrounding area.

 

Noise Impacts

 

 

Rear lane is not considered accessible as it is narrow and in disrepair

 

 

 

 

 

 

 

Size of vehicles accessing the site will intrude on our privacy and increased noise levels

 

 

 

 

 

 

 

 

 

 

This type of development should be undertaken in more appropriate areas and not impact upon residential amenity

 

Council has not received any complaints regarding the activities currently being undertaken at the site prior to this DA being lodged. A search of Council records has not located an approval for the existing business operation. An approval was granted for the existing shed in 1990.

 

This is not a planning matter for consideration under Section 79C of the NSW EP&A Act 1979

 

 

As per previous submission comments

 

The laneway is identified as a Crown Road and therefore any access from the laneway would require consent from the Crown and has been conditioned to reflect this requirement. In addition, Council will require primary access to be off Robinson Street.

 

The applicant indicates a single delivery of steel per week with the largest vehicle being a semi-rigid truck. Additional deliveries of 2-3 deliveries if required via a courier service. Additional movements are anticipated at 2-3 per day. Noise levels have been addressed. No details for vehicle movements have been provided regarding the existing operation for farm machinery repairs

 

The Draft Cabonne Local Environmental Plan 2012 proposed complex zoning for Canowindra and as such there will be an identified industrial area. The subject site is proposed as a residential zone. However the existing zone of the site is village which allows for a variety of uses subject to Council consent being granted.

 

 

Submission 4

 

The site is zoned 2(v) Village. The proposed development is not in character with the zone objectives

 

 

 

 

 

The Draft LEP (at the time) and now the CLEP 2012 prohibits industry in the R1 zone.

 

 

 

Waste

 

 

 

 

 

 

 

 

 

The proposed scale of the development is not suitable for the site.

 

 

 

 

 

 

 

 

 

 

 

Noise

 

 

 

 

 

 

 

 

 

 

 

 

Stormwater

 

Traffic Impacts of noise

 

 

 

 

 

 

 

 

Social and economic impacts are negative for the people who live close by

 

 

Visual impacts

 

The zone objective is to promote development that is compatible with the urban function. The use for repairs and fabrication is not a prohibited use and conditions of consent can be placed on the consent to address issues of amenity and noise.

 

Draft LEP is noted.

This application is to be assessed under the provisions of the CLEP 1991 which allows industry within the village zone.

 

Waste steel will be collected in steel scrape bins and sent to recyclers. Waste oil will be collected in waste oil bunds and collected by a waste oil merchant. No other waste products have been identified. Waste can be conditioned through the consent process.

 

Site coverage is more than doubling with the proposed additions. Existing site coverage is approximately 222m² and increasing to approximately 499m². Scale can be conditioned through hours of operation etc. Whether the site is suitable for the development is what the assessment process is about. These matters are addressed under Section 79C of the EP&A Act.

 

Whilst no noise assessment has been provided there are requirements under the Protection of the Environment Operations Act that requires compliance with noise regulations. This would be applied as a condition of consent for such a type of development. Council would be the responsible authority to investigate any complaints.

 

Conditioned

 

Number of proposed vehicle movements are not considered to be excessive. There are several conditions of consent requiring Crown consent for the use of the laneway as well as requirements for upgrading the existing access and internal vehicle movements.

 

Increase in employment and economic benefit to the town.

 

 

 

Conditions can be included to address visual aspects through increased landscaping and the use of non-reflective materials. Condition can also be included prohibiting outdoor storage and require screening from public view any waste/recycling bins and/or skips.

 

Submission 5

Development not suited in a residential area. The urban function of this area of Canowindra is residential/village zone. The R1 zone under the CLEP 2012 will make industry a prohibited use.

 

 

 

 

 

 

 

 

 

The value added renovations in the surrounding area will be diminished by the shed extension and use of the shed for industry.

 

The site is currently used to repair farm machinery with additional use proposed as manufacturing.

 

 

 

 

 

 

 

 

Concern with expanded scale of the business.

 

 

Noise

 

As previously identified the proposed use is not a prohibited use and this application is made under the CLEP 1991 provisions. This assessment process requires the development to be assessed using Section 79C of the EP&A Act to determine if the site is suitable for the proposed use. Conditions can be included to address any impacts that may be associated with the development. It is acknowledged that the proposed uses are now prohibited under CLEP 2012.

 

These are not matters for consideration under Section 79C of the EP&A Act.

 

 

 

A search of Council records has not identified any approval for the use of this site. Whilst Council has no record of any approval, there are no records of complaints for the use of site in relation to noise, access, traffic or hours of operation. In addition the proposed manufacturing use is for steel fabrication and vehicle repairs.

 

The scale of the business as proposed can be conditioned to that scale.

 

Conditioned under other regulatory requirements/authorities – Protection of the Environment Operations Act for noise regulation.

 

 

 

The submissions can be adequately addressed through appropriate conditions of consent.

 

Public Authority Consultation

 

The subject application was not required to be referred to any public authority for consultation.

 

Development Contributions

 

No development contributions (S94 Contributions) apply to the development.

 

PUBLIC INTEREST s79C(1)(e)

 

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

 

CONCLUSION

 

The proposed development relates to the use of the site for Industry (Steel Fabrication) and Car Repair Station and alterations and additions to the existing shed on Lot 2 Section 3 DP 758221, Robinson Street, Canowindra. Whilst the proposal is considered to be permissible within the zone and complies with relevant provisions of the Cabonne LEP 1991, it should be noted that under Council’s CLEP 2012, industry (steel fabrication) and vehicle repair station would be prohibited. Shed extensions are also proposed as a part of the development and can be conditioned to comply with the BCA.

 

A section 79C assessment of the proposal has been undertaken and is considered to be satisfactory. Adequate arrangements can be made for the provision of access, traffic generation, drainage, water supply, sewerage, hours of operation, visual amenity and essential services. A draft notice of approval is attached for reference.

 

 


Item 40 Ordinary Meeting 28 October 2014

Item 40 - Annexure 1

 

DRAFT AMENDED CONDITIONS OF CONSENT

 

 

1.       DEVELOPMENT IN ACCORDANCE WITH PLANS

 

Objective

 

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

 

Performance

 

The Modified Development is to take place in accordance with the attached stamped modified plans (Ref No 2010/177 Bassmann Drafting Services Job No. 14.038 Sheet 01 Dated 25/7/14; Bassmann Drafting Services Job No. 14.038 Sheet 02 Dated 25/7/14 and Bassmann Drafting Services Job No. 13.072 DA2 and Dated 5/5/14) and documentation submitted with the application and subject to the conditions below, to ensure the development is consistent with Council’s consent.  NOTE:  Any alterations to the approved development application plans must be clearly identified WITH THE APPLICATION FOR A CONSTRUCTION CERTIFICATE. 

 

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

 

2.       BUILDING CODE OF AUSTRALIA 2014 – AUSTRALIAN STANDARDS

 

Objective

 

To satisfy the Building Code of Australia 2014 and relevant Australian Standards.

 

Performance

 

The approved development must meet the relevant Australian Standards and the performance requirements of the Building Code of Australia 2010. Compliance with the Performance Requirements can only be achieved by:

a)      complying with the Deemed to Satisfy Provisions; or

b)      formulating an Alternative Solution which:-

 

          i)        complies with the Performance Requirements; or

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

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

 

 

3.       APPOINTMENT OF PRINCIPAL CERTIFYING AUTHORITY

 

Objective

 

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

 

Performance

 

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

 

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

 

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

 

4.       STAGED DEVELOPMENT

 

Objective

 

To ensure that the development complies with Section Division 2A of the Environmental Planning and Assessment Act 1979.

 

Performance

 

Development Application 2010/177 has been approved as a staged development under Section 80(4) of the Environmental Planning and Assessment Act 1979.

 

The development may be carried out in the following stages:

 

Stage 1:     Animal boarding and training establishment comprising stables complex building, horse wash down area, round yard, agistment and exercise yards, day shelters, driveway and parking area

 

Stage 2:     Ancillary dwelling

 

 

STAGE 1

 

5.       APPLICATION FOR CERTIFICATION

 

Objective

 

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

 

Performance

 

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

 

CONSTRUCTION CERTIFICATE to satisfy the requirements of all relevant conditions.

COMPLIANCE CERTIFICATE to satisfy the requirements of all relevant conditions.

OCCUPATION CERTIFICATE to satisfy the requirements of all relevant conditions.

 

 

 

6.       COMPLIANCE WITH CONDITIONS OF CONSENT

 

Objective

 

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

 

Performance

 

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

 

7.       WATER SUPPLY

 

Objective

 

To ensure provision is made for adequate rural water supply.

 

Performance

 

In rural areas (where town water is not available)

 

a)      Storage facilities for at least 90,000 litres of water for domestic purposes are to be provided, 10,000 litres of which are to be retained at all times for fire fighting purposes; or

 

b)      The 90,000 litres storage facilities may be reduced to 45,000 litres where an alternative acceptable potable water supply source is available, capable of delivering at least 1,300 litres per hour. Separate application is to be made to the Consent Authority – Cabonne Council.

 

c)      The water supply tanks are required to have, for bush fire fighting requirements, openings in the top of the storage for drafting water or an approved suitable outlet and access to the storage for conventional fire fighting suction hose.

 

The take off point for the domestic supply is to be located in such manner to ensure that the 10,000 litres of water is retained at all times for bushfire fighting purposes.

 

1.       The outlet for fire fighting purposes shall be fitted with 65 mm STORZ fitting and 65mm gate valve.

2.       The outlet for (1) above shall be located so that access for fire fighting units is provided, ie directly where there is vehicle access to the outlet or via plumbing where such direct access is not possible.

 

d)      Tank should be of an aesthetically pleasing colour that does not contrast greatly with the surrounding environment.

 

 

8.       WATER PROVISIONS

 

Objective

 

To ensure that there is an adequate water supply from the existing bore, on Lot 100 DP 1145134 ,to support the proposed animal boarding and training establishment.

 

 

 

Performance

 

Council is to be provided with a compliance certificate from the NSW Office of Water indicating that the bore located on Lot 100 DP 1145134 is capable of providing an adequate water supply for the proposed animal boarding and training establishment.

 

9.       CAR PARKING SIGNAGE

 

Objective

 

To ensure available car parking is clearly defined.

 

Performance

 

Off street car parking is to be encouraged by the placement of prominent signs indicating its availability.

 

10.     SOIL EROSION

 

Objective

 

To prevent soil erosion during the course of development.

 

Performance

 

Measures are to be taken during the course of development to ensure satisfactory stabilisation of exposed areas to prevent soil erosion.

 

11.     PROVISION OF TEMPORARY FACILITIES

 

Objective

 

To provide temporary toilet facilities.

 

Performance

 

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

 

12.     NOISE

 

Objective

 

To limit the impact of noise on adjoining properties.

 

Performance

 

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

 

7.00am and 7.00pm Monday to Friday

7.00am and 5.00pm Saturdays

8.am and 5.00pm Sundays and Public Holidays

* This includes site works and delivery of materials.

 

13.     IDENTIFICATION OF SITE

 

Objective

 

To clearly identify the site.

 

Performance

 

Provide a clearly visible sign to the site stating:

 

a)      Unauthorised entry is prohibited;

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

c)      Street number or lot number;

d)      Contact telephone number/after hours number;

e)      Identification of Principal Certifying Authority.

 

14.     WALL/ROOF CLADDING

 

Objective

 

To reduce the visual reflective impact on adjoining properties.

 

Performance

 

Non-reflective finish materials to be used on the wall/roof cladding.

 

15.     OCCUPATION CERTIFICATE

 

Objective

 

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

 

Performance

 

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

 

 

16.     FOOTING DESIGN

 

Objective

 

 To ensure structural strength and integrity.     

 

Performance 

 

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

 

 

17.     ON-SITE WASTE WATER MANAGEMENT - SITE ASSESSMENT

 

Objective

 

To protect the environment and health of the community.

 

Performance

 

Prior to the release of the Construction Certificate a site specific assessment of the land for suitability for septic tank/domestic effluent disposal is to be conducted by a suitably qualified person and a report presented to Council recommending an appropriate design and system.

 

18.     CONTROL OF NUISANCE

 

Objective

 

To protect the amenity of the surrounding area.

 

Performance

 

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

 

19.    DRAINAGE

 

Objective

 

To protect the amenity of the surrounding area.

 

Performance

 

All yards, enclosures and stables are to be suitably drained to ensure that no ponding occurs. All waste waters, including water from hose down procedures shall be maintained on site. No waste is to be disposed of to the storm water system.

 

 

20.    FLY CONTROL

 

Objective

 

To protect the amenity of the surrounding area.

Performance

 

       Keep all containers for manure and feed covered.

 

       Collect all manure and other waste daily

 

       Remove wastes at least once a week

 

       Seal all cracks and potential breeding areas

 

       Use knock down sprays, surface residual sprays and fly baits etc.

 

       Keep premises clean at all times.

 

 

 

 

21.     WASTE DISPOSAL

 

Objective

 

To reduce odour and prevent nutrient over loading from waste generated from horses.

 

Performance

 

Areas/yards that are occupied by horses are to be cleaned of all waste that is generated from the horses at least once a week. The waste will need to be stored and disposed of in a manner that does not generate an odour nuisance to the surrounding area.

 

22.     DUST

 

Objective

 

To ensure that dust is controlled and will not become a nuisance to the surrounding area.

 

Performance

 

Appropriate measures are to be adopted that reduces dust generation from the activities to be undertaken on the land.

 

23.     LANDSCAPING

 

Objective

 

To reduce the visual impact of the proposed development.

 

 

Performance

 

1.       The applicant is to provide the Principal Certifying Authority with a Landscaping Plan. Landscaping is to be completed prior to the release of the Construction Certificate.

 

2.       Landscaping is to include the eastern and southern boundary of the lot, and be designed to reduce the visual impact of the development.

 

 

24.     SPILLAGE OF LIGHT

 

Objective

 

To protect the amenity of the surrounding area.

 

Performance

 

Spillage of light, if any, shall be controlled so as not to cause nuisance to the amenity of adjoining land.

 

 

 

 

 

 

25.     SCALE OF THE DEVELOPMENT

 

Objective

 

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

 

Performance

 

This approval enables the proponent to operate at a scale as submitted in the proposal.

 

 

STAGE 2 – ANCILLARY DWELLING

 

26.     APPLICATION FOR CERTIFICATION

 

Objective

 

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

 

Performance

 

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

 

CONSTRUCTION CERTIFICATE to satisfy the requirements of all relevant conditions.

COMPLIANCE CERTIFICATE to satisfy the requirements of all relevant conditions.

OCCUPATION CERTIFICATE to satisfy the requirements of all relevant conditions.

 

 

27.     COMPLIANCE WITH CONDITIONS OF CONSENT

 

Objective

 

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

 

Performance

 

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

 

 

 

28.     EXISTING COVENANTS

 

Objective

 

Advisory Only.

 

Performance

 

The applicant is advised that if any covenants exist over this land and any variation should be referred to the owner of the covenant for their approval.

 

 

29.     AMENDED - BASIX CERTIFICATE

 

Objective

 

To ensure the dwelling is constructed in the approved manner.

 

Performance

 

All the required commitments shown on the BASIX Certificate (No. 564775S dated 30 July 2014) and approved plans are to be completed PRIOR to a Final Occupation Certificate being issues.

 

30.     WATER SUPPLY

 

Objective

 

To ensure provision is made for adequate rural water supply.

 

Performance

 

In rural areas (where town water is not available)

 

a)      Storage facilities for at least 90,000 litres of water for domestic purposes are to be provided, 10,000 litres of which are to be retained at all times for fire fighting purposes; or

 

b)      The 90,000 litres storage facilities may be reduced to 45,000 litres where an alternative acceptable potable water supply source is available, capable of delivering at least 1,300 litres per hour. Separate application is to be made to the Consent Authority – Cabonne Council.

 

c)      The water supply tanks are required to have, for bush fire fighting requirements, openings in the top of the storage for drafting water or an approved suitable outlet and access to the storage for conventional fire fighting suction hose.

 

The take off point for the domestic supply is to be located in such manner to ensure that the 10,000 litres of water is retained at all times for bushfire fighting purposes.

 

1.       The outlet for fire fighting purposes shall be fitted with 65 mm STORZ fitting and 65mm gate valve.

 

2.       The outlet for (1) above shall be located so that access for fire fighting units is provided, ie directly where there is vehicle access to the outlet or via plumbing where such direct access is not possible.

 

d)      Tank should be of an aesthetically pleasing colour that does not contrast greatly with the surrounding environment.

 

31.     ON-SITE WASTE WATER MANAGEMENT - SITE ASSESSMENT

 

Objective

 

To protect the environment and health of the community.

 

 

 

Performance

 

Prior to the release of the Construction Certificate a site specific assessment of the land for suitability for septic tank/domestic  effluent disposal is to be conducted by a suitably qualified person and a report presented to Council recommending an appropriate design and system.

 

32.     ON SITE WASTE WATER MANAGEMENT

 

Objective

 

To ensure that an accredited sewage management facility is designed, constructed and installed.

 

Performance

 

The Onsite Wastewater Management System is to be designed following a site specific examination of the site by a suitably qualified person, details of the proposed system along with an application to install an onsite wastewater management system are to be provided to Council prior to the issue of a Construction Certificate.

 

33.     SOIL EROSION

 

Objective

 

To prevent soil erosion during the course of development.

 

Performance

 

Measures are to be taken during the course of development to ensure satisfactory stabilisation of exposed areas to prevent soil erosion.

 

34.     PROVISION OF TEMPORARY FACILITIES

 

Objective

 

To provide temporary toilet facilities.

 

Performance

 

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

 

 

35.     NOISE

 

Objective

 

To limit the impact of noise on adjoining properties.

 

Performance

 

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

 

7.00am and 7.00pm Monday to Friday

7.00am and 5.00pm Saturdays

8.am and 5.00pm Sundays and Public Holidays

* This includes site works and delivery of materials.

 

36.     IDENTIFICATION OF SITE

 

Objective

 

To clearly identify the site.

 

Performance

 

Provide a clearly visible sign to the site stating:

 

a)      Unauthorised entry is prohibited;

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

c)      Street number or lot number;

d)      Contact telephone number/after hours number;

e)      Identification of Principal Certifying Authority.

 

 

37.     WALL/ROOF CLADDING

 

Objective

 

To reduce the visual reflective impact on adjoining properties.

 

Performance

 

Non-reflective finish materials to be used on the wall/roof cladding.

 

38.     CONSTRUCTION CERTIFICATE

 

Objective

 

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

 

Performance

 

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

 

 

39.     OCCUPATION CERTIFICATE

 

Objective

 

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

 

Performance

 

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

 

40.     FOOTING DESIGN

 

Objective

 

To ensure structural strength and integrity.      

 

Performance 

 

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

 

41.     LANDSCAPING PLANS/SITE TREATMENT

 

Objective

 

To reduce landuse conflict and to lessen the visual impact of the development.

 

 

Performance

 

Separate detailed landscaping plans are to be submitted to and approved by Council or an Accredited Private Certifier prior to release of any Construction Certificate.

Landscaping is to be undertaken in a manner designed to reduce landuse conflict and lessen the visual impact of the development.  Landscaped areas in the building setbacks shall be heavily landscaped with native trees and shrubs in accordance with the Gatton Guidelines report by the Queensland Department of Natural Resources (copy attached).

 

ADDITIONAL CONDITIONS FOR STAGE 1

 

42.    BALUSTRADES

 

Objective

 

To comply with the Building Code of Australia to ensure the safety of persons.

 

Performance

 

That a balustrade be provided to any landing, verandah or stairway that exceeds 1 metre from finished ground level. The balustrade is to be designed and constructed in accordance with Part D2.16 of the Building Code of Australia.

 

 

43.    STAIRCASE

 

Objective

 

To ensure the safety of persons.

 

Performance

 

The stairs and landing are to be provided with a non-slip surface throughout or with an approved non-slip tread along the leading edge.

44.    ACESS/EGRESS FOR PEOPLE WITH DISABILITIES

 

Objective

 

To ensure safe, equitable and dignified access and egress for people with disabilities.

 

Performance

 

Access is required to and within the entrance floor by way of ramp, step or kerb complying with 1428.1.

 

45.    DISABLED ACCESS ADVISORY CONDITION

 

Objective

 

Advisory only.

 

Performance

 

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

 

46.    CONSTRUCTION DESIGN DETAILS

 

Objective

 

To ensure that the development is constructed in a manner that is structurally sufficient and sound.

 

Performance

 

Full working drawings, including engineering details and specifications must be submitted to Council or Private Accredited Certifier for approval PRIOR to issue of a construction certificate.

47.    EMERGENCY LIGHTING

 

Objective

 

To assist egress in the event of power failure.

 

Performance

 

A system of emergency lighting complying with Part E4.2 of the Building Code of Australia and AS?NZS 2293.1 is to be provided throughout the building.

 

48.    EXIT SIGNS

 

Objective

 

To ensure safe egress in the event of power failure.

 

Performance

 

Self charging and illuminating exit signs complying with Part E4.5 of the Building Code of Australia and AS/NZS 2293.1 are to be provided above each exit from the building.

 

49.    DIRECTIONAL SIGNS

 

Objective

 

To ensure safe egress from the building in the event of power failure.

 

Performance

 

Exit directional signs complying with AS/NZS 2293.1 are to be provided in accordance with the requirements of Part E4.6 of the Building Code of Australia.

 

50.    EGRESS DOORS

 

Objective

 

To ensure safe egress in the event of a fire.

 

Performance

 

All external egress doors are to open in the dircection of egress and are to be readily openable without the use of a key from within the building at any tie whilst the building is in use by a single handed downward or pushing action on a single device located between 900mm and 1.2m from the door.

 

 

51.    ESSENTIAL FIRE SAFETY MEASURES

 

Objective

 

To ensure that all essential fire safety measures are installed and maintained in accordance with the relevant standard.

Performance

 

The applicant will ensure that a certificate of fire safety is provided to the PCA by a suitably qualified person prior to the issue of an Occupation Certificate. This certificate will certify that all fire safety measures specified in this consent have been designed, installed and are operating in accordance with the requirements of the Building Code of Australia and the relevant Australian Standard.

An annual Fire Safety Certificate is to be provided to the  by a suitably qualified person certifying that the following Schedule of Essential Services has been inspected and tested and found to be operating in accordance with the requirements of the Building Code of Australia and the relevant Australian Standard.

 

SCHEDULE OF ESSENTIAL SERVICES

FIRE SAFETY MEASURE                                               STANDARD

 

 

Portable Fire Extinguishers                                              AS 2444

                                                                                     Pt E1.6BCA

 

Emergency Lighting                                                          AS/NZS 2293.1

                                                                                     Pt E4.5BCA

 

Directional Signs                                                                AS/NZS 2293.1

 

                                                                                     Pt E4.6BCA

 

Exit Doors                                                                   Pt D 2.21BCA

 

 

52.    PORTABLE FIRE EXTINGUISHERS

 

Objective

 

To safeguard against the spread of fire.

 

Performance

 

A fire extinguisher is to be provided for Class B and Class A fire risks in accordance with AS 2444.

 

 

 


GENERAL MANAGER’S REPORT ON MATTERS FOR NOTATION SUBMITTED TO THE Ordinary Council Meeting TO BE HELD ON Tuesday 28 October, 2014

Page 1

TABLE OF CONTENTS

 

 

 

ITEM 1      RATES SUMMARY................................................................................ 1

ITEM 2      INVESTMENTS SUMMARY................................................................. 1

ITEM 3      BUSINESS ACTIVITY STATEMENT FOR AUGUST 2014............ 2

ITEM 4      ANNUAL FINANCIAL STATEMENTS............................................... 3

ITEM 5      ROADS TO RECOVERY...................................................................... 7

ITEM 6      FINANCIAL HEALTH CHECK............................................................. 8

ITEM 7      RESOLUTIONS REGISTER - INFOCOUNCIL - ACTIONS REPORTING    9

ITEM 8      ECONOMIC DEVELOPMENT ACTIVITIES REPORT.................... 9

ITEM 9      AGE OF FISHES MUSEUM QUARTERLY ACTIVITIES REPORT 17

ITEM 10    MEDIA RELEASES............................................................................. 21

ITEM 11    MEDIA ACTIVITIES............................................................................. 23

ITEM 12    AUGUST TRAFFIC COMMITTEE MINUTES................................. 24

ITEM 13    ENGINEERING AND TECHNICAL SERVICES UPDATE REPORT   24

ITEM 14    DEVELOPMENT APPLICATIONS APPROVED DURING SEPTEMBER 2014   25

ITEM 15    DEVELOPMENT APPLICATIONS RECEIVED DURING SEPTEMBER 2014     26

ITEM 16    BURIAL STATISTICS......................................................................... 27  

 

ANNEXURE ITEMS

 

ANNEXURE 1.1    Rates graph Sept 2014.pdf....................................... 29

ANNEXURE 2.1    Investment Report September 2014.pdf.......... 30

ANNEXURE 7.1    Council Resolutions.................................................. 32

ANNEXURE 7.2    CS Resolutions............................................................... 95

ANNEXURE 7.3    ED&T Resolutions.......................................................... 98

ANNEXURE 7.4    ES&S Resolutions....................................................... 101

ANNEXURE 7.5    Works Resolutions................................................... 103

ANNEXURE 7.6    Traffic Light Summary............................................ 104

ANNEXURE 7.7    Traffic Light Detail................................................... 105

ANNEXURE 12.1  Traffic Committee Minutes - 2014 08 28........... 107

ANNEXURE 13.1  ETS Report update..................................................... 110 

 


 

 

ITEM 1 - RATES SUMMARY

REPORT IN BRIEF

 

Reason For Report

Information provided in relation to Council's Rates collections.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.4.a - Level of rate of collection

Annexures

1.  Rates graph Sept 2014.pdf    

File Number

\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\FINANCIAL REPORTING\FINANCIAL REPORTS TO COUNCIL - 588056

 

Finance Manager's REPORT

 

Rate Collection Summary to 30 September 2014 is attached for Council’s information.  The percentage collected is 36.84%, which is slightly down when compared to previous years.

 

Council’s software company has written a new report and this is confirmed as including all arrears amounts in the report.

 

 

ITEM 2 - INVESTMENTS SUMMARY

REPORT IN BRIEF

 

Reason For Report

Information provided in relation to Council's Investment Schedule.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.4.b - Maximise secure income through investments

Annexures

1.  Investment Report September 2014.pdf    

File Number

\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\FINANCIAL REPORTING\FINANCIAL REPORTS TO COUNCIL - 587903

 

Senior Accounting Officer REPORT

 

Council’s investments as at 30 September 2014 stand at a total of $40,223,860.92. This has increased by $1,587,374 from the previous month due to a positive inflow of funds including the receipt of a RMS payment.

 

Council’s average interest rate for the month was 3.50%, has fallen slightly from last month. The Reserve Bank’s official cash rate remained steady at 2.5% for the month of September. However, Council’s average rate is higher than Council’s benchmark rate of the 30 Day Bank Bill Swap Rate of 2.67%.

 

Council’s investments are held with multiple Australian Financial Institutions with varying credit ratings according to Council’s Investment Policy. The annexure attached to this report shows a break up of each individual institution that Council invests with and its “Standard and Poors” Credit Rating.

 

The Schedule of Investments for September 2014 is attached for Council’s information.

 

ITEM 3 - BUSINESS ACTIVITY STATEMENT FOR AUGUST 2014

REPORT IN BRIEF

 

Reason For Report

To advise of Council's obligations with regard to GST reporting for the month ended 31 August 2014

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.4.b - Maximise secure income through investments

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\TAX\GST - 582687

 

FINANCE MANAGER'S REPORT

 

Council’s Business Activity Statement for the month of August 2014 was completed and submitted to the Australian Taxation Office on 15 September 2014.    This was prior to the statutory deadline of 21 September 2014.

 

The August Business Activity Statement resulted in a refund to Cabonne Council of $108,075.00.

 

A comparison between August 2014 and July 2014 shows the major differences as follows:

 

·    Total income received for August is $1,757,751.00 compared to $2,453,268.00 in July 2014.  This variance is mainly due to Financial Assistance Grant of $1,121,280.00

 

·    GST Free Income for August is $1,501,449.00 compared to $894,330.0