cabonne Council colour 200 wide

 

 

 

 

 

 

 

 

 

 19 November 2014

 

 

NOTICE OF ORDINARY COUNCIL MEETING

 

Your attendance is respectfully requested at the Ordinary Meeting of Cabonne Council convened for Tuesday 25 November, 2014 commencing at 1.00pm, at the Cabonne Council Chambers, Bank Street, Molong to consider the undermentioned business.

 

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 – NOVEMBER 2014 COUNCIL MEETING

 

 

1.00pm

Ellee Stedman – Youth of the Month

 

Tony Jenkins & David Harrison – Canowindra Retirement Village Presentation (20 minutes)

 

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

·         Jodi Murray

·         Rebecca Weymouth

 

 

 

 

 

 

 

 


 

 

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 25 November, 2014

Page 1

TABLE OF CONTENTS

 

 

 

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

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

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

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

ITEM 5      COMMITTEE OF THE WHOLE........................................................... 6

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

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

ITEM 8      AUSTRALIA DAY AWARDS COMMITTEE MEETING................... 8

ITEM 9      THE PAYMENT OF EXPENSES & PROVISION OF FACILITIES FOR MAYOR AND COUNCILLORS 2015 POLICY.............................................................................. 8

ITEM 10    CODE OF MEETING PRACTICE AMENDMENT............................. 9

ITEM 11    COMMUNITY ASSISTANCE PROGRAM APPLICATIONS........ 11

ITEM 12    EASEMENT FOR POWER SUPPLY TO SERVICE CUMNOCK SWIMMING POOL                   14

ITEM 13    NSW PUBLIC LIBRARY FUNDING CAMPAIGN.......................... 15

ITEM 14    INTERNAL AUDIT COMMITTEE...................................................... 19

ITEM 15    EX-OFFICIO MEMBER OF THE OPHIR RESERVE TRUST....... 20

ITEM 16    REQUESTS FOR DONATIONS........................................................ 21

ITEM 17    ORANGE BUSINESS CHAMBER - WOMEN NSW PROJECT.. 23

ITEM 18    COUNCILLOR ENGINEERING REQUESTS.................................. 24

ITEM 19    MANILDRA MEN'S SHED REQUEST FOR CONNECTION TO SEWER FREE OF CHARGE............................................................................................... 26

ITEM 20    MOLONG CREEK DAM SURVEILLANCE REPORT................... 27

ITEM 21    REPORT ON SEALING ACCESS ROADS FOR RECREATION GROUNDS       31

ITEM 22    CABONNE SWIMMING POOLS - CUDAL POOL RECIRCULATION PUMP AND FILTER REPLACEMENT, MANILDRA POOL RECIRCULATION PUMP   35

ITEM 23    PLANNING PROPOSAL - 381 LOWER LEWIS PONDS ROAD, CLIFTON GROVE................................................................................................................. 36

ITEM 24    MODIFICATION OF DEVELOPMENT APPLICATION 2014/123 - RETAIL PREMISES (MARKET) - 63 KIEWA STREET, MANILDRA........ 40

ITEM 25    REQUEST FOR REIMBURSEMENT OF DEVELOPMENT APPLICATION FEES - 2014/0193 - ACCESSIBLE WC/SHOWER AMENITIES BUILDING    49

ITEM 26    REQUEST FOR REIMBURSEMENT OF DEVELOPMENT APPLICATION FEES - 2014/0162 - FLOOD LIGHTS FOR MANILDRA TENNIS COURTS - LOT 157 DP 750155, DEROWIE STREET, MANILDRA..................................... 51

ITEM 27    DA 2015/0012 CELLAR DOOR PREMISE AND AMENITIES BLOCKS ON LOT 100 & 102 DP 1031436, 1034 THE ESCORT WAY, BORENORE..... 53

ITEM 28    DA 2013/0175 2 LOT SUBDIVISION ON LOT 14 DP 1131133, SPRING HILL ROAD, SPRING HILL......................................................................... 70

ITEM 29    QUESTIONS FOR NEXT MEETING................................................ 71

ITEM 30    BUSINESS PAPER ITEMS FOR NOTING...................................... 72

ITEM 31    MATTERS OF URGENCY................................................................. 72

ITEM 32    COMMITTEE OF THE WHOLE SECTION OF THE MEETING... 73

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      OUTSTANDING PUBLIC LIABILITY CLAIMS

(g) advice concerning litigation, or advice as comprises a discussion of this matter, that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege

ITEM 4      DEBT RECOVERY REPORT OF OUTSTANDING RATES DEBTS

(e) information that would, if disclosed, prejudice the maintenance of law

ITEM 5      SECTION 18A WEEDS NOTICES

(e) information that would, if disclosed, prejudice the maintenance of law

ITEM 6      SECTION 18 WEEDS NOTICES

(e) information that would, if disclosed, prejudice the maintenance of law

ITEM 7      QUARRY FINANCIAL STATEMENT

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

ITEM 8      MOLONG QUARRY PRODUCT SALE AND PRODUCTION

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

ITEM 9      WBC STRATEGIC ALLIANCE 2014-2016 TENDER FOR SUPPLY OF GOODS AND SERVICES

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

ITEM 10    PLANT REPLACEMENT - HYDRAULIC EXCAVATOR

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

 

ANNEXURE ITEMS

 

ANNEXURE 7.1    October 28 2014 Ordinary Council minutes.......      74

ANNEXURE 8.1    October 28 Australia Day Awards Committee report      95

ANNEXURE 10.1  draft Code of Meeting Practice Policy......... 98

ANNEXURE 14.1  Internal Audit Discussion Paper...................... 155

ANNEXURE 14.2  2014 10 15 Internal Audit Committee Minutes....      172

ANNEXURE 16.1  WIRES Central West Branch - Request for Funding 31.10.2014............................................................................ 175

ANNEXURE 16.2  Pre2 Student Leadership Development Day Submission   176

ANNEXURE 27.1  DRAFT CONDITIONS OF CONSENT............................. 178

ANNEXURE 28.1  Draft conditions of consent............................. 190 

 


 

 

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 - 597467

 

 

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 - 597468

 

 

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 - 597469

 

 

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 - 597470

 

 

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 - 597471

 

 

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 - 597472

 

 

Recommendation

 

THAT:

 

1.                Councillors call any items they wish to further consider

2.                Items 7 to 12 be moved and seconded.

 

 

Director of Finance and Corporate Services' REPORT

 

Item 7 to 12 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.  October 28 2014 Ordinary Council minutes    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - MINUTES - 2014 - 597473

 

 

Recommendation

 

THAT the minutes of the Ordinary meeting held 28 October 2014 be adopted.

 

General Manager's REPORT

 

The following minutes are attached for endorsement.

 

1.      Minutes of the Ordinary Council meeting held on 28 October 2014.

 

ITEM 8 - AUSTRALIA DAY AWARDS COMMITTEE MEETING

REPORT IN BRIEF

 

Reason For Report

Adoption of Australia Day Awards Committee Recommendations.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

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

Annexures

1.  October 28 Australia Day Awards Committee report    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - BUSINESS PAPERS - 2013 - 600334

 

 

Recommendation

 

THAT the report and recommendations of the Australia Day Awards Committee Meeting of Cabonne Council held on 28 October, 2014 be adopted.

 

Administration Manager's REPORT

 

Attached is the report of the Australia Day Awards Committee Meeting of Cabonne Council held on 28 October, 2014 for Council’s adoption.

 

 

ITEM 9 - THE PAYMENT OF EXPENSES & PROVISION OF FACILITIES FOR MAYOR AND COUNCILLORS 2015 POLICY

REPORT IN BRIEF

 

Reason For Report

Councils are required to review their 'councillor expenses & allowances' policy annually

Policy Implications

Yes - once adopted will become Council's policy

Budget Implications

Nil

IPR Linkage

4.5.1.i. Policy on payment of expenses and provision of facilities for Mayors & Councillors to be adopted by 29 November

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\CORPORATE MANAGEMENT\POLICY\POLICY CORRESPONDENCE - 587514

 

 

Recommendation

 

THAT Council:

1.         Note there were nil submissions relating to the adoption of the Payment of Expenses & Provision of Facilities for Mayor and Councillors 2015 Policy.

2.         Adopt the advertised draft Payment of Expenses & Provision of Facilities for Mayor and Councillors 2015 Policy including limits for expenses listed, with the changes of extending the maximum cost of a vehicle available to the Mayor to $65,000 and to the claiming of expenses to attend training/educational opportunities for councillors.

3.         Within 28 days of adoption provide a copy of the policy to the Office of Local Government.

 

Administration Manager's REPORT

 

Council resolved, inter alia, at its September Council meeting to:

 

2.               In accordance with the provisions of the Local Government Act 1993, advertise the intended adoption of and the substantial change made re the mayor vehicle, and the training and education expense provisions in the Proceedings in Brief, Council’s Payment of Expenses & Provision of Facilities for Mayor and Councillors 2015 Policy.

 

3.                Receive a further report to the November Council meeting for consideration of submissions and adoption of the Payment of Expenses & Provision of Facilities for Mayor and Councillors 2015 Policy.

 

A public notice was placed and copies of the draft policy were made available at the council’s offices throughout the LGA and on Council’s website.  The draft policy was as per the draft submitted to Council at the September meeting with the policy wording relating to Training and Education Expenses amended by deleting the 1st and 3rd paragraphs and amending the 4th paragraph to “Councillors will be forwarded information on available training courses and are eligible to attend and claim expenses subject to the annual monetary limits as shown at Establishment of monetary limits and standards.”

 

Submissions

 

The closing date for public submissions was 17 October 2014.

 

Under the Local Government Act, councils must consider any submissions received and make any appropriate changes to the policy, however there were nil submissions received to consider.

 

 

ITEM 10 - CODE OF MEETING PRACTICE AMENDMENT

REPORT IN BRIEF

 

Reason For Report

For Council to consider and adopt the amended code of meeting practice

Policy Implications

Yes - will become Council's new policy relating to the Code of Meeting Practice

Budget Implications

Nil

IPR Linkage

4.5.1.g. Code of Meeting Practice adhered to

Annexures

1.  draft Code of Meeting Practice Policy    

File Number

\OFFICIAL RECORDS LIBRARY\CORPORATE MANAGEMENT\POLICY\POLICY CORRESPONDENCE - 589473

 

 

Recommendation

 

THAT Council:

1.           Give public notice of, publicly exhibit and invite submissions for its amended code of meeting practice.

2.           Receive a further report to the February 2015 Council meeting to consider any submissions received.

 

Administration Manager's REPORT

 

At its September 2014 meeting Council resolved changes to its standing committees and for committees that meet as and when required.

 

These changes need to be reflected in Council’s Code of Meeting Practice which is usually adopted as a matter of policy. 

 

The Office of Local Government has issued a circular (10-10) in relation to clarifying the process to be followed when the code of meeting is amended.

 

“It is apparent that several councils have been under the misapprehension that provided they are satisfied that an amendment is not substantial they may amend their codes without public notice and exhibition.

 

The attention of councils is drawn to section 363 of the Act.  The effect of this section is that a council may only amend its code of meeting practice by preparing a new draft code and complying with the public consultation procedure set out in sections 361 and 362 of the Act.

 

Section 362 states that if, after considering the submissions received during the public consultation process, a council wishes to amend the draft code before adopting it the council may either:

(a)                   re-exhibit the draft code with the amendments, or

(b)                   if it considers that the amendments are not substantial, simply amend the draft and adopt it.”

Section 361 requires the following process:

 

“361 Preparation, public notice and exhibition of draft code

 

(1)              Before adopting a code of meeting practice, a council must prepare a draft code.

 

(2)              The council must give public notice of the draft code after it is prepared.

 

(3)              The period of public exhibition must not be less than 28 days.

 

(4)              The public notice must also specify a period of not less than 42 days after the date on which the draft code is placed on public exhibition during which submissions may be made to the council.

 

(5)              The council must publicly exhibit the draft code in accordance with its notice.”

 

A draft code of meeting policy has been prepared (copy annexed) ready for exhibition which encompasses the cessation of standing committees and most ‘meet as and when required’ committees of council.

 

 

ITEM 11 - 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 - 598333

 

 

Recommendation

 

THAT Council approve funding for the Community Assistance Program application number 8 (Nashdale/Lidster Public Hall to the value of $824) in addition to the applications already funded.

 

 

Economic Development Manager's REPORT

 

Council 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.

 

Applications for the most recent round of CAP funding closed 29 August 2014. Council received thirteen applications in total and at Council’s October meeting, it was resolved that applications 1, 2, 4, 6, 7, 10 and 13 be approved. Application number 8 was listed in the report to be funded but inadvertently left out of the motion.

 

The report was as follows:

 

 

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 12 - EASEMENT FOR POWER SUPPLY TO SERVICE CUMNOCK SWIMMING POOL

REPORT IN BRIEF

 

Reason For Report

To amend  land description to which  easement is to apply

Policy Implications

Nil

Budget Implications

Minor

IPR Linkage

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

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\COUNCIL PROPERTIES\MAINTENANCE\CUMNOCK SWIMMING POOL - 586354

 

 

Recommendation

 

THAT council approve inclusion of Lot 11 DP 602799 in the easement provisions to enable upgrade of the power supply to the Cumnock swimming pool, community centre, tennis courts and sports oval.

 

Director of Environmental Services' REPORT

 

Council at its meeting of 19 August 2014 resolved in relation to Item 23 of the business paper:

 

          THAT:

1.      Council approve the compensation amount of $1.00 and create easement for power supply benefiting Council land known as Lot 8 Section 1 DP 5907 and Lot 2 in DP 112234.

2.      The Common Seal of Cabonne Council be applied to the registration of the power easement.

 

Further investigation by Essential Energy and council staff has indicated that a section of closed road of which council is trustee (being Lot 11 DP 602799) will also be affected by the easement for the upgraded infrastructure. A council resolution is required to include Lot 11 DP 602799 as part of the previously endorsed agreement.

 

As indicated in the August report Essential Energy proposes to install new aerial mains and will require acquisition of an easement over private and public land. All acquisition costs for the proposed easement will be met by Essential Energy.

 

 

ITEM 13 - NSW PUBLIC LIBRARY FUNDING CAMPAIGN

REPORT IN BRIEF

 

Reason For Report

To update Council on the NSW Public Library Funding Campaign

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

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\COMMUNITY SERVICES\LIBRARY AND PUBLIC INFORMATION ACCESS\PUBLIC LIBRARIES NSW - 597958

 

 

Recommendation

 

THAT Council continue its support to the campaign mounted by the NSW Public Library Associations for increased State funding to local government for public libraries by:    

a.      Supporting the Day of Action in libraries across the state on 5 December 2014 with the primary objective of engaging community members and attracting the attention of local media.

b.      Requesting a meeting between the local Member of Parliament and senior Council officials to garner local political support for the urgent need for increased and sustainable funding for NSW libraries.

c.       Encouraging community groups and individuals to make representations to their local Member of Parliament about supporting the urgent need for increased and sustainable funding for NSW libraries to ensure that the library funding issue becomes a relevant issue for Members of Parliament.

d.      Taking a lead role in activating the campaign locally and encouraging community participation

 

 

Director of Finance and Corporate Services' REPORT

 

There has been widespread support by councils across the state for the NSW Library Funding Campaign, which is being coordinated on behalf of NSW councils and their libraries by the NSW Public Libraries Association (NSWPLA), representing country and metropolitan libraries across the state.

 

Launched on 7 April 2014, this targeted campaign has benefited from exceptional community support and has also met with some success in bringing the critical library funding situation to the attention of politicians and funding decision makers to address the problem.

  

The better news is that the NSW Public Library Funding Campaign is clearly influencing state government funding decisions. Over 100 NSW councils have formally resolved to support the Campaign. In the 6 months between the launch of the Campaign and the end of September, over 67,000 NSW residents had signed the Campaign petition. This number provides irrefutable evidence of the interest, support and concern of residents across the state about the future of their libraries.

 

Local Government NSW (LGNSW) and the Australian Library and Information Association (ALIA) are assisting NSWPLA in this campaign, and local supporters of public libraries including Friends of the Library groups and library users have been engaged in the campaign to lobby State Members.

 

Recent and Upcoming Activities

·        A very successful NSWPLA trade stand was held at the Local Government NSW Conference in Coffs Harbour (19 – 21 October). This initiative provided an important opportunity to engage with councillors and council officers about the library funding issue. Representatives on the stand, Cr Veronique Marchandeau (Joint President of NSWPLA), Carolyn Elmes (Information & Outreach Team Leader at Coffs Harbour Library) and Veronica Lunn (Campaign Coordinator) provided a broad cross-section of experience and perspectives for the benefit of conference delegates, many of whom called in to discuss this critical issue for Local Government. LGNSW and several councils, including Goulburn Mulwaree, Blacktown, Pittwater, Fairfield, Liverpool and Wyong, put motions to the Conference highlighting the concern across the state about the funding issue.

·     A Pre-Election Forum was held on Tuesday 28 October at Customs House, Sydney. Ms Sonia Hornery MP presented the Labor Party position on NSW public libraries, and Ms Jan Barham MLC presented the perspective of the Greens. Both speakers spoke of a strong commitment to advocate for a much better deal for NSW libraries, and answered questions from the floor. The Minister for the Arts declined the invitation to attend, choosing instead to address the NSWPLA Conference at Mudgee on 13 November.

 

·     A Day of Action is proposed for Friday 5 December to draw attention to the urgent need for increased library funding at the local level. Council support to enable their libraries to be involved with the Day of Action will assist to aggregate capacity across the state. The Campaign Committee will develop a Day of Action Kit to provide a range of activities that could be undertaken in libraries. The primary objectives of this initiative are to aggregate the support of the community for their libraries, demonstrate statewide local government unity about the funding issue, and attract the attention of the State Government – especially local Members of Parliament. After all, they are the ones standing for election and who need to be convinced that library funding is an election issue.

 

Further Action Is Required

The NSW State budget, announced on 17 June 2014, delivered a $15m infrastructure public library grant program over the 4 years from 2014-15 to 2017-18. Whilst this is welcome news, it only reinstates the grant funding program to the level that it was in 2005-06 and is a fixed-term program that needs to be recurrent to provide the certainty required for this all-important annual grants program.

Minister for the Arts, Hon. Troy Grant circulated a Letter to the Editor via media outlets across the state on 30 September 2014. The Minister’s letter challenged the case put by the NSWPLA and LGNSW in relation to the state government shifting costs for the provision of public library services and the need for a more sustainable funding model. The response circulated by NSWPLA included the following information, which provides the real funding picture:

 

·     Section 10 of the NSW Library Act 1939 specifies a number of services that “local libraries” must provide in order to be eligible for State Government funding. Whilst the exact number of NSW libraries that historically received 50% funding from the State Government may be debatable, this percentage was probably around 5 times higher on average than it currently is. Regardless of this early funding history, the fact remains that the State Government is currently contributing less than 7% of the total operating cost of libraries across the state to fulfill the requirements of its own library legislation.

 

·     In 1980, the State Government contributed $1.67 per capita (or 23.6% of total funding) to NSW libraries, whilst Local Government contributed $5.43 per capita (or the remaining 76.4% of total funding).

 

·     In 2012-13 (the most recent period for which both State Government and Local Government figures are available), the State Government contributed $3.63 per capita (or 7.15% of total funding) to NSW libraries, whilst Local Government contributed $47.23 per capita (or the remaining 92.85% of total funding). This means that in the 33 years between 1980 and 2013, State Government contributions increased 2.2 times whilst Local Government contributions increased 8.7 times.

 

·        The current State Government funding model consists of three parts:

$1.85 per capita (legislated);

Disability & Geographic Adjustment Fund (DGA), which is calculated on a combination of per capita funding and the application of 5 disability index factors;

Fixed term funding programs, including the recently announced 4-year Public Library Infrastructure Grants program (which provides $416,123 less in 2014-15 than the previous Library Development Grants program, which it replaced, did in 2005/06).

·     The amounts of $1.85 per person and $2.74 per person quoted in the Minister’s Letter to the Editor refer to two different aspects of the funding model:

The $1.85 is the legislated amount that the State Government is required to provide for every person in NSW, and forms part of the total annual recurrent library funding for NSW Councils. This amount has not increased since it was introduced in 1997.

   The $2.74 is the average combined amount of recurrent funding per person that is provided to NSW Councils in 2014-15. It includes $1.85 in per capita funding and $0.89 in DGA funding. The amount of recurrent funding per person provided by the State Government to Local Government is 2 cents less than it was when the current Public Library Funding Strategy was implemented in 2005/06.

The next target for the Funding Campaign is to address the problem of the recurrent elements of library funding – the $1.85 per capita legislated payment (both in quantum and indexation) as well as the Disability & Geographic Adjustment fund, which combine to form the annual funding that is provided directly to NSW councils. These allocations are not indexed to population growth or CPI, so there is no source to fund the annual increase resulting from additional NSW population. This will lead to the first actual reduction in direct funding to NSW councils (in 2015-16) if the attrition is not addressed.

 

The current pre-State Government election phase will be the most critical period for the NSW Library Funding Campaign. It is the time for all NSW councils to redouble their Campaign lobbying efforts. This really is the “last-ditch effort” to ensure that NSW public libraries achieve the sustainable state government funding base that they so badly need to continue providing current levels of service to communities across the state. We are seeing examples of library service reductions in many NSW councils, ranging from decreased levels or qualifications of staff; diminished collections budgets; shortened opening hours, less public programs, and reduced mobile library service schedules. Without increased state funding, the situation is likely to deteriorate further.

 

Between now and the 2015 NSW state election, the NSW Library Funding Campaign Committee will be contacting councils and libraries to ask for targeted support in specific areas to further strengthen this already successful campaign. A small amount of dedicated effort from each and every stakeholder will help to ensure that our libraries get the funding deal that they need and deserve. As the major beneficiaries of any State funding increase, Local Government is the primary stakeholder in this campaign.

 

The focus areas of the Campaign for November and December are:

 

·        To ensure that councils across the state are updated on the status and progress of the Campaign. They are not only a major stakeholder in the library funding discussion, but also the major beneficiary of any funding increases resulting from the campaign.

·        Supporting the Day of Action in libraries across the state on 5 December 2014 with the primary objective of engaging community members and attracting the attention of local media.

·        Encouraging councils, community groups and individuals to make representations to their local Member of Parliament about supporting the urgent need for increased and sustainable funding for NSW libraries. Community agitation at the local level will ensure that the library funding issue becomes a relevant issue for MPs – after all, it is them who are seeking re-election in March 2015.

Conclusion

There is currently a high degree of uncertainty as to the level of ongoing funding for public libraries in NSW from the State Government. The intent of the NSW Library Act in 1939 was for equal funding from state and local governments to provide library services. Since that time local government has increasingly carried the funding burden and the situation has deteriorated significantly over the past few decades.  Without urgent action from local government and NSW Public Library Associations, this situation will continue and local councils will once again be forced to pick up the funding shortfall.

 

 

ITEM 14 - INTERNAL AUDIT COMMITTEE

REPORT IN BRIEF

 

Reason For Report

To recommend changes to the direction and role of the Internal Audit Committee

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.5.c. Comply with internal audit requirements

Annexures

1.  Internal Audit Discussion Paper

2.  2014 10 15 Internal Audit Committee Minutes    

File Number

\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\AUDIT\INTERNAL AUDIT COMMITTEE - 598198

 

 

Recommendation

 

THAT the Terms of Reference for the Governance, Risk and Business Improvement Committee be adopted.

 

Director of Finance and Corporate Services' REPORT

 

A meeting of the Cabonne Internal Audit Committtee was held on 15 October 2014. A copy of the minutes are attached.

 

At the meeting the future direction and role of the committee was discussed at length without a final resolution in relation to the matter. It is considered that as the committee is a committee of Council and its function devolve from the terms of reference set by Council that this matter will require Council determination.

 

It has been proposed that the committee’s role be expanded to cover governance, risk management and business improvement and the terms of reference be amended to reflect this. A discussion paper prepared by the WBC Executive Officer is attached for Council’s information. The discussion paper contains suggested Terms of Reference for the committee which are recommended for adoption.

 

In addition it is felt that inclusion of the word “audit” in the committee’s name has connotations of the committee merely focusing on the financial matters even to the point that the Council’s own Official Records Library has the Internal Audit Committee following a file pathway through financial management.

 

The changes included in the draft terms of reference also support the recommendations of the Independent Review Panel, which recommended expanding the role of the internal audit committees “towards adding value and continuous improvement”.

 

ITEM 15 - EX-OFFICIO MEMBER OF THE OPHIR RESERVE TRUST

REPORT IN BRIEF

 

Reason For Report

To determine whether Council would like to reapply for the position of the Ex-Officio member of the Ophir Reserve Trust

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.2.1.d. Encourage collection, display and preservation of local history

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\PARKS AND RESERVES\TRUSTS\OPHIR RESERVE TRUST - 595840

 

 

Recommendation

 

THAT Council consider applying for reappointment to the Trust Board for a further term and, if it determines to reapply, to also determine its representative.

 

Administration Officer's REPORT

 

The term of the Trust Board for the Ophir Reserve Trust is due to expire on 22 April 2015.  This means that the term of Cabonne Council’s representative as an Ex-Officio member of this Reserve Trust will also come to an end at this time.  

 

NSW Trade & Investment - Crown Lands has written advising that they are currently in the process of seeking Trust Board applicants for the next term and have invited Council to consider applying for reappointment to the Trust Board for a further term.

 

Council is asked to consider whether it wishes to apply for reappointment to the Trust Board for a further term and, if so, to nominate its representative.  Council’s current representative to this position is Clr Culverson.

 

Please note that due to a change in Crown Lands' policy, all new members and existing members who are approved for reappointment will be required to complete the Reserve Trust Induction Program (an on-line program that will take approximately 30 minutes), if the Ex-Officio member has not already done so in the past 5 years.  Specific details of the requirements will be provided upon confirmation of council approval for reappointment.

 

Nominations will need to be submitted to the Board no later than Friday 28 November 2014.

 

 

ITEM 16 - REQUESTS FOR DONATIONS

REPORT IN BRIEF

 

Reason For Report

Requests for donations have been received from WIRES, the Pre2 Student Leadership Development Day and Mr Robert Ellis

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.4.1.c. Provide assistance to community groups

Annexures

1.  WIRES Central West Branch - Request for Funding 31.10.2014

2.  Pre2 Student Leadership Development Day Submission    

File Number

\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\SPONSORSHIP - DONATIONS\2014 - 598114

 

 

Recommendation

 

THAT Council:

 

1.  Donate $200.00 to WIRES;

2.  Donate $250.00 to Mr Robert Ellis to assist him in publishing a book and assist him to find volunteers to type his manuscript; and

3.  Donate $250.00 to The Pre2 Student Leadership Day.

 

Community Services Manager's REPORT

 

WIRES Central West is raising funds to cover the cost of rehabilitating injured or orphaned native wildlife.

 

WIRES Central West receives no funding and relies entirely on the time, energy and commitment of 71 volunteers throughout the Central West.

 

WIRES runs on a very cost effective basis with volunteers meeting most of the cost of collecting and caring for injured animals and some Vets providing their services free of consultation charges leaving WIRES to meet the cost of medications, x-rays, surgery and euthanasia.

 

With up to 1000 animals being cared for and prepared for release into the wild each year operating costs can be substantial and Central West WIRES would appreciate a donation from Council.

 

Mr Robert Ellis is writing a book on the service of local residents during World War 1 and is seeking a donation from Council to assist him in having it published. He estimates his costs to be $2,000.00 for a small print run. Mr Ellis does not use computers and will require assistance to have his manuscript typed up in to a usable form for publishing. Council may be able to assist him in recruiting voluntary workers to assist in doing this.

 

Pre2 is a joint student leadership project between 14 primary schools including Molong, Nashdale, Cudal, Manildra, Clergate and Cumnock Public Schools.

 

The Year 6 students from each of these schools have been working together via Video Link over the past year to work on joint projects and develop leadership skills.

 

The schools seek a donation from Council to assist in the culmination of their year’s work which is a leadership day at Lake Canobolas. The core components of the day will be a leadership and teamwork design challenge, an initiative program and a local leader seminar. This is a very worthwhile project and will assist those attending to succeed as they commence high school.

 

Should Council wish to make a donation to any of these groups there remains $5,466.00 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:

 

$630.00     Cabonne Schools presentation days

$154.00    Molong Show Society

$200.00    Manildra Christmas Party

$350.00    Canowindra Domestic Violence Committee

$100.00     USU White Ribbon Day Appeal

$100.00     Bravehearts

 

ITEM 17 - ORANGE BUSINESS CHAMBER - WOMEN NSW PROJECT

REPORT IN BRIEF

 

Reason For Report

To advise Council of the program and consider a request for donation.

Policy Implications

Nil

Budget Implications

Yes - seeking $1,000 donation

IPR Linkage

2.4.1.a. Support local employment initiatives

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\SPONSORSHIP - DONATIONS\2014 - 597982

 

 

Recommendation

 

THAT Council contribute $1,000.00 to the Bursary In Trust as managed by the Orange Business Chamber for the Women NSW Project from the s356 vote..

 

Economic Development Manager's REPORT

 

The Orange Business Chamber is currently delivering a project funded by Women NSW.  The Project “Strengthen your workforce – Think outside the status quo – Think Women” aims to increase the number of young women willing to consider working in a non-traditional trade.  This will be achieved through raising awareness, strengthening school relationships, employers, community and industry bodies.

 

The project will coordinate the opportunity for young women to spend time exposed to a non-traditional trade via work experience. 

 

The scope of the Project will be conducted in the LGAs of Orange, Cabonne and Blayney, involving the 9 high schools located within this area.  Already, Molong Central School has six female students registered.

 

Host employers for this Program that are located in Cabonne LGA include Agritechnology, Stanbury Industries, Bill Paul Carpet Centre, Luke Breen Plumbing, Deli Lama Café, MSM Milling, Rob Burn Carpentry, Cabonne Shire Council and Leena Laffey Tiling.

 

Orange Business Chambers has set up a “Bursary in Trust”.  The Trust has been established to support three of the program’s participants with their future education and training in a non traditional trade, to the value of $1,000.00 each. 

 

Cabonne Council has been invited to contribute $1,000.00 to the Bursary in Trust.

 

ITEM 18 - COUNCILLOR ENGINEERING REQUESTS

REPORT IN BRIEF

 

Reason For Report

To report on matters raised at the October Council meeting.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

1.1.1.a. Complete the annual Rural and Urban roads maintenance program

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\REPORTING\ENGINEERING AND TECHNICAL SERVICES REPORTING - 598057

 

 

Recommendation

 

THAT Council determine what action it wishes to take regarding the projects listed in the report.

 

Director of Engineering and Technical Services' REPORT

 

At its October meeting, Council requested a report be presented to the November meeting covering the following engineering works matters:

 

1.  Footpath creation on the eastern side of Rodd Street, Canowindra between Browns Avenue and Ferguson Street;

2.  Resealing/re-sheeting of Gaskill Street between Blatchford Street and Ferguson Street; and

3.  Footpath maintenance along Kiewa Street, Manildra.

 

Each of these items are addressed in the report below.

 

1.      Footpath creation on the eastern side of Rodd Street, Canowindra between Browns Avenue and Ferguson Street

 

Council’s recently adopted Pedestrian Access and Mobility Plan (PAMP) identified the need for a footpath along Rodd Street between Browns Avenue and Ferguson Street. This footpath is identified in the PAMP as a part of an extended footpath in Rodd Street from Rodd Street (Longs Corner Road) to Charlotte Street.

 

The PAMP identifies the Rodd Street footpath as a Priority 3 project. There are seventeen (17) Priority 1 and 2 projects just for Canowindra that are identified as higher priorities for access and mobility works than the Rodd Street project.

 

Should Council wish to proceed with the Rodd Street project from Browns Avenue to Ferguson Street, the cost of the project would be of the order of $115,000. Funding for the project would need to come from capital works reserves.

 

It is recommended that Council maintain the priorities in the adopted PAMP and allocate any funding to those projects identified as having a higher priority than the Rodd Street project.

 

2.      Resealing/re-sheeting of Gaskill Street between Blatchford Street and Ferguson Street

 

Council has received $45,000 funding from Roads and Maritime Services (RMS) as a part of the Black Spot program for the construction of traffic islands at the Gaskill and Blatchford Street intersection. An inspection of the road pavement at the intersection has shown that the pavement has significant failures. Rectification of the pavement would likely require a rehabilitation such as stabilisation as the pavement condition has gone beyond the possibility to re-sheet the road. The estimated cost to rehabilitate the pavement in Gaskill Street between Blatchford Street and Ferguson Street would be $220,000 with this incorporating approx. 55m of kerb and gutter replacement.

 

Gaskill Street between Blatchford and Ferguson Streets is a Regional Road which could attract RMS funding. Discussions with RMS to date, however, have indicated no funding is available from RMS in the current financial year for this project.

 

Constructing the Black Spot project without rehabilitating the road pavement would be a waste of the Black Spot funding. The Black Spot funding must be spent in the current financial year. As such, Council has the following options:

 

(i)      Allocate $220,000 from the Capital Works Reserve to rehabilitate Gaskill Street from Blatchford Street to Ferguson Street and undertake the Black Spot project; or,

(ii)     Not undertake pavement works in Gaskill Street and advise RMS that Council will not be undertaking the Black Spot project and return the funding to RMS.

 

3.      Footpath maintenance along Kiewa Street, Manildra

 

The footpath along Kiewa Street, Manildra has been inspected by Council’s Civil Maintenance Coordinator with various maintenance works identified. The works can be funded from existing footpath maintenance budget allocations. Maintenance works are due to commence in November/December and will be completed in the New Year.

 

 

ITEM 19 - MANILDRA MEN'S SHED REQUEST FOR CONNECTION TO SEWER FREE OF CHARGE

REPORT IN BRIEF

 

Reason For Report

Council to consider waiving sewer connection charges

Policy Implications

Nil

Budget Implications

Sewer connection charges of approx. $25,000 would be borne by council.

IPR Linkage

3.3.3.e. Maintain Shire properties to safe operational standards

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\COUNCIL PROPERTIES\USAGE\BUILDINGS - 598011

 

 

Recommendation

 

THAT Council decline to waive sewer connection charges for the Manildra Men’s Shed at the location proposed.

 

Director of Engineering and Technical Services' REPORT

 

Council has received a letter from the Manildra Men’s Shed Inc, requesting council to consider connecting sewerage to the proposed shed at no cost.

 

The Manildra Men’s Shed proposed site is at the Manildra showground, with the location being some distance from the existing amenities area.  As a result, connection to sewer is required, with the existing sewer connection point over 100m away.  As such, sewer connection costs would be of the order of $25,000.The Manildra Men’s Shed have also sent a letter to Central Tablelands Water requesting free connection to water.

 

The original proposal from Manildra Men’s Shed excluded the provision of toilets, instead proposing to use the existing amenities that are approximately 90m away.  This was not an acceptable design solution and given the BCA building classification an accessible toilet and hand basin will be required. 

 

The Manildra Men’s Shed Inc have been advised that a location at the Showground closer to the amenities would be a more appropriate location and would negate the need to connect to water and sewer.  This alternate location would result in an outcome that is much cheaper and is mutually beneficial to all concerned.

 

Should the Men’s Shed wish to remain at the currently proposed location, alternate options for sewer management could be considered. The sewer system could utilise a non-commercial macerator unit that could connect to an existing sewer pod for the caravan park. Should this option be feasible, costs for sewer connection would drop to the order of $3,000. It would be the Manildra Men’s Shed’s responsibility to investigate alternate sewer management options.

 

ITEM 20 - MOLONG CREEK DAM SURVEILLANCE REPORT

REPORT IN BRIEF

 

Reason For Report

To provide Council with an update from the latest Molong Creek Dam Surveillance Report and request funding be made available for an Options Study for the Molong Creek Dam.

Policy Implications

There are no policy implications

Budget Implications

$45,000 from the Cabonne Water Fund

IPR Linkage

5.1.1.a. Implement and amend Best Practice for Water Supply within Cabonne water operations

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\WATER SUPPLY\AUGMENTATION\FEASIBILITY STUDIES - 591439

 

 

Recommendation

THAT:

1.   The information from the 2013 Molong Creek Dam Surveillance Report is noted.

 

2.   The Actions (shown in Table 3) that will be undertaken by Council in response to the 2013 Molong Creek Dam Surveillance report be noted.

 

3.   That Council approve $45,000 from the Cabonne Water Fund in this 2014/2015 financial year for the purpose of engaging a Dam Specialist to provide an Options Report to strengthen the Molong Creek Dam.

 

 

Operations Manager - Urban Services and Utilities' REPORT

1     BACKGROUND

Cabonne Council has two prescribed dams, which are the Molong Creek Dam and Borenore Dam. The Molong Creek Dam has a storage capacity of 1,000ML and it is the primary town water source for Molong and it is regarded as a critical asset in the Molong Water Supply Scheme. Borenore Dam is utilised mainly for environmental flows and the water is generally not suitable for the Molong Water Supply Scheme.

The Molong Creek Dam has been prescribed as follows:

Table 1. DSC Prescription of Molong Creek Dam

Category

Prescription1

Flood Consequence Category (FCC)

àAdverse consequences emanating from flood failure of the dam (uncontrolled release of contents from the dam) such as loss of life, property, services damaged and environmental effects

High A2

Sunny Day Consequence Category (SDCC)

àAdverse consequence emanating from the non-flood failure of a dam, such as loss of life, property, services damaged and environmental effects.

High B

1 A dam is prescribed under the NSW Dams Safety Act (1978) on the recommendation of the DSC and is based on size and Consequence Category Hazard Rating )Refer to Table 4).

2 Consequence categories are ranked from Very Low, Low, Significant, High C, High B, High A to Extreme. Molong Creek has the second and third highest level of classification for FCC and SDCC respectively.

Under the Dams Safety Act (1978), it is a legislative requirement for the owners of prescribed dams to submit Surveillance Reports to the NSW Dam Safety Committee (DSC). The last inspection took place in 2013, which was undertaken by dam safety engineers from Public Works. The report has been reviewed and finalised by the Dam Safety Committee (DSC) and Council’s Engineering and Technical Services Department.

2     Surveillance Reports

2.1    2002 Dam Surveillance Reports Safety Reviews and Audit Inspections

The first Dam Surveillance Report was completed in 2002 in which 40 recommendations were made. Of the 40 recommendations, 38 recommendations have been either completed or implemented in the Molong Creek Operation and Maintenance Standard Operational Procedures (SOPs).

Items that are still outstanding are as follows:

Table 2: Summary of key issues from 2002 Surveillance Report

Description of Recommendations still Outstanding

Status

Annual chemical analysis of seepage water to determine condition of grout curtain

To be Included in operating budget for  2015/2016 financial year

Installation of telemetry system at the Molong Creek Dam to monitor rainfall, inflows, outflows and levels at weir pools

Included in the 2014/2015 budget. Work has commenced.

2.2    2008 Dam Surveillance Reports Safety Reviews and Audit Inspections

There were 29 recommendations made in the 2008 Surveillance Reports. All the recommendations made from the 2008 Surveillance Report have been completed or implemented.

2.3    2013 Dam Surveillance Reports Safety Reviews and Audit Inspections

The key issues from the 2013 Surveillance Report are as follows:

Table 3. Summary of Key issues from 2013 Surveillance Report

Key Issue

Action

Status

A desktop stability Analysis was conducted and it was found to be inadequate for the Maximum Design Flood and Maximum design Earthquake load cases.

Council to engage Dam Specialist to provide an Options Report to strengthen the dam to ensure compliance with DSC requirements.

Not commenced

Dam break study indicated that:

1.   The Population at Risk (PAR) in Molong ranges from 195 to 533 depending on the various cases.

2.   The No. of houses inundated is from 75 to 205 depending on the various cases.

As above: engage dam Specialist to develop an Options Report to strengthen Molong Creek Dam

Not commenced

It is a requirement by the DSC for Dam owners to have a Dam Safety Engineer who is listed as a contact on the Dam Safety Emergency Plan (DSEP).

Council to engage a Dam Safety Engineer.

 

Completed. Public Works has been engaged in May 2014 to perform this this role for the Molong Creek Dam. Public Works have performed well in this role and have complied with DSC requirements and have met all of Council’s expectations.

 

Increase the frequency of monitoring rainfall, inflows, outflows, dam levels and levels at weir pools.

Installation of telemetry system at the Molong Creek Dam for continuous monitoring.

Budgeted for 2014/2015 Financial Year. Work Commenced.

Installation of instruments to monitor inflows, outflows.

Planned to be included in the 2015/2016 Budget

Installation of instruments to monitor levels at weir pools

Planned to be included in the 2015/2016 Budget

Installation of instruments to monitor dam level

Budgeted for 2014/2015 Financial Year. Work Commenced.

Installation of instruments for continuous monitoring of rainfall.

Completed

Increase the frequency of monitoring rainfall, inflows, outflows, levels at weir pools and monitor seepage and uplift pressure from thrice weekly to daily.

Installation of telemetry system at the Molong Creek Dam to monitor seepage flows and uplift pressures to meet Australian National Committee on Large Dams (ANCOLD) Guidelines

Planned to be included in the 2016/2017 Budget

The Consequence Category and Hazard Rating for Molong Creek Dam are shown in the following table.

Table 4. Consequence Category Assessment

Category

PLL1

Severity of Damage and Loss

Consequence Category

Sunny Day

1.10

Major

High B

Incremental Flood

4.35

Major

High A

Total Flood

59.55

Major

High A

Note: PLL is the Probable Loss of Life (PLL). It is the statistically determined likelihood of the loss of life from an event.

The consequence Category of the Molong Creek Dam is regarded as High A, placing it as a very high risk dam due to the high consequence. The likelihood of the dam failing due to flood is not regarded as high as the dam has performed satisfactorily using a maximum Design Flood of 1 in 100,000 Annual Exceedance Probability (AEP) and Maximum Design earthquake of 1 in 10,000 AEP. However, due to the High A Consequence Category of the dam, the Molong Creek has to be assessed on a ~ 1 in 1,000,000 AEP event, which it fails to comply to. Therefore, the DSC has issued Council with a deadline of Sep 2015 requiring Council to develop a plan to achieve compliance. The Options Report to strengthen the Molong Creek Dam is the next step in the plan.

The cost of the Options Report is estimated to be $45,000. There are three Dam Specialists who operate within NSW, which are GHD, State Water and Public Works.

 

ITEM 21 - REPORT ON SEALING ACCESS ROADS FOR RECREATION GROUNDS

REPORT IN BRIEF

 

Reason For Report

The Councillors requested at the October Council meeting for a report to be presented considering the sealing of roadways within all Cabonne sports grounds.

Policy Implications

Nil

Budget Implications

The total cost estimate for sealing the access roads with bitumen seal for Canowindra and Molong Recreation Ground is $33,200. Total cost estimate for dust seal for Eugowra, Cudal, Manildra, Cargo and Cumnock Recreation Grounds is $14,510.

IPR Linkage

3.3.3.b. Maintain Sporting Facilities to safe operational standards

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\PARKS AND RESERVES\REPORTING\PLAYGROUNDS - 598123

 

 

Recommendation

 

THAT:

1.   Council should consider bitumen seals for the Canowindra and Molong Recreation grounds as this would provide better access to the high use recreation grounds. The total cost of sealing access roads to both recreation grounds is $33,200.

 

2.   Bitumen seals are not suitable for the other less used recreation grounds due to premature deterioration of bitumen seals is low traffic areas. An alternative dust suppressant is recommended. The total cost of sealing the other less used recreation grounds is $14,510.

 

3.   Council should also consider the other assets at the recreational grounds across the LGA that require work to maintain or be replaced to continue the level of service. It should be noted that Council staff will be conducting asset inspections of all the recreational grounds and swimming pools in November 2014 to December 2014, which may bring to light other work that needs to be done. Caution is advised in allocating budget before more information is available.

 

 

Operations Manager - Urban Services and Utilities' REPORT

Council requested a report to be presented to the November 2014 Council meeting regarding the sealing of access roads within recreation grounds across the LGA. In order for an informed decision to be made, there needs to be a good understanding of the condition of existing assets in all the recreation grounds within the LGA. Unfortunately, due to time constraints, a thorough inspection of all the recreation grounds was not possible. These asset inspections are scheduled to occur in November 2014 to December 2014 in preparation for the 2015/2016 Budget.

However, Council has documented a list of works that have been previously identified and are scheduled to be presented for the 2015/2016 budget. This will be discussed further in this report.

This report consists of the following information:

1.   Summary of cost estimates of sealing access roads for all the recreation grounds across the LGA

2.   List of stakeholders at each recreation ground which gives a good indication on the level of priority of works.

3.   Summary of proposed works on existing Council assets and cost estimates for works that are scheduled to be presented for the 2015/2016 Budget.

The following table shows a summary of the cost estimate for sealing the access roads to the recreation grounds. There are two options for seals, which are as follows:

1.   A bitumen seal that generally more suited for high traffic areas. Bitumen seals on low traffic areas would lead to premature deterioration of the seal. It is expected that a bitumen seal in high traffic area will have a life of 8 to 10 years such as Canowindra and Molong Rec Grounds. It is expected that maintenance cost on the bitumen seals with high traffic areas to be minimal during this time. Low traffic areas may experience a significantly shorter life span. It is not uncommon that the lifespan is shortened to just 3 to 4 years.

2.   A dust seal is generally more suitable for low traffic areas. The dust seal option is significantly lower in cost but will require annual maintenance. The cost estimate for annual maintenance is shown in the following table.

Table 1. Summary of seals for Cabonne Recreation Grounds

Location

Seal area (sqm)

Bitumen Seal

Cost Estimate ($)

Dust Seal

Key Stakeholders

Install

Maint

Canowindra Rec Ground

1,500

$16,800

$3,350

$1,250

·   Football

·   Soccer

·   Tennis Club

·   Canowindra Balloon festival

·   Other Recreational activities, playgrounds, skate park, picnic area, basket ball club

·   School events

 

Molong Rec Ground

1,460

$16,400

$3,260

$1,210

·   Football Club

·   Cricket Club

·   Sheep Dog Trials

·   Other Recreational activities, playgrounds, skate park, picnic area, basket ball club

·   School events

Manildra Rec Ground

600

$8,000

$1,340

$500

·   Tennis Club

·   Cricket club

·   Junior football Club

·   School events

Cumnock Rec Ground

1,950

$21,550

$4,350

$1,610

·   Tennis club

·   Bowling club

·   Swimming pool

·   School events

Yeoval Rec Ground

Has an existing seal, which is in acceptable condition

·   Bowling club

·   Tennis Club

·   School events

Cudal Rec Ground

850

$10,650

$1,900

$700

·   Soccer club

·   Cricket Club

·   School events

Eugowra Rec Ground

1,500

$16,800

$3,350

$1,250

·   Football club

·   Skate Park

·   School events

Cargo Rec Ground

1,600

$17,800

$3,580

$1,320

·   Football Club

·   School events

 

The Canowindra and Molong Recreation Ground have the greatest use with the greatest number of users. They are also the location for iconic annual local events such as the Canowindra Balloon Festival and the Molong Sheep Dog Trials. Bitumen seals would more likely be suitable application in these recreational grounds.

A dust seal would be more appropriate for the other recreation grounds due to the lower traffic volume.

However, consideration should also be give to other priority works that have been identified for the recreation grounds. The description of works, cost estimates and condition rating are summarised in the following table. The total cost estimate of the works shown in the following table is $439,500.

Table 2. Summary of other high priority proposed works for Cabonne Recreation Grounds

Location

Description of Work

Cost Estimate ($)

Condition Rating of Asset1

Canowindra Rec Ground

Replace Irrigation System that frequently fails

$85,000

4

Basket Ball Courts require re-surfacing and restoring hoops and back board

$225,000

4

Playground structure and soft fall

$75,000

3.5

Molong Rec Ground

Restore hoop and backboard of basket ball court

$2,500

3.5

Manildra Rec Ground

Tennis Court Club House

$35,000

3.5

Lighting for dressing sheds

$2,000

4

Cudal Rec Ground

Internal fit out of amenities/kiosk  building

$15,000

3.5

1 Condition rating of indicates the condition of an asset. Condition ratings are from 1 to 5 (as new to not fit for purpose, a condition rating of 3 is Council’s minimum level of service).

 

It is difficult to quantify the benefit of sealing the access roads of the recreation grounds. There will be an improvement in the amenity and less dust during the drier months from September to April. Although it is difficult to quantify the benefit of seals, it should be noted that maintaining the current assets at the recreation grounds should take priority because the failure to maintain these well used assets would lead to the assets becoming unfit for purpose and be a dis-benefit to the community.

 

ITEM 22 - CABONNE SWIMMING POOLS - CUDAL POOL RECIRCULATION PUMP AND FILTER REPLACEMENT, MANILDRA POOL RECIRCULATION PUMP

REPORT IN BRIEF

 

Reason For Report

To advise Council of maintenance issues at Cudal and Manildra swimming pools and to recommend the allocation of funding to undertake maintenance works

Policy Implications

Nil

Budget Implications

The cost of replacing the swimming pool equipment that is no longer operable is $9,500.

IPR Linkage

3.3.3.a. Maintain Pools to an operational and safe standard

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\RECREATION AND CULTURAL SERVICES\SERVICE PROVISION\SWIMMING CENTRES OR POOLS - 599019

 

 

Recommendation

THAT Council undertake the maintenance works detailed in the report with the required funding of $9,500 being allocated from the Capital Works Reserve.

 

Operations Manager - Urban Services and Utilities' REPORT

The public swimming pools in Cudal and Manildra are important community facilities, with the pools being Council owned assets, operated by Section 355 Committees.

The swimming pools operate from November to March the following year. The swimming pools are closed the rest of the year and the equipment is put off line until the next pool season.

Before the start of every swimming season, the swimming pools are inspected and the pool operating equipment such as recirculation pumps, chemical dosing systems and filters are re-commissioned.

During the re-commissioning, the swimming pool assets shown in the following table have been found to have failed.

Table 1. List of swimming pool equipment requiring replacement

 

Description of item

Cost ($)

Cudal Swimming Pool Recirculation Pump

$2,500

Cudal Swimming Pool filter

$4,500

Manildra Swimming Pool Recirculation Pump

$2,500

 

The swimming pools will not be able to operate properly without the replacement of the equipment shown in Table 1. As such, it is recommended that Council approve the replacement of the swimming pool equipment detailed above, with the necessary funding to be sourced from the Capital Works Reserve.

 

 

ITEM 23 - PLANNING PROPOSAL - 381 LOWER LEWIS PONDS ROAD, CLIFTON GROVE

REPORT IN BRIEF

 

Reason For Report

To obtain council approval to proceed with the process of amending Cabonne LEP 2012

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.1.1.a. Prepare comprehensive Development Control Plan (DCP)

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\LAND USE AND PLANNING\ZONING\REZONING APPLICATIONS - 598126

 

 

Recommendation

 

THAT pursuant to section 59 of the Environmental Planning & Assessment Act 1979, council forward the Planning Proposal to the Department of Planning and Infrastructure for the Minister to make a Local Environmental Plan to rezone Lot 10 DP 243046, 381 Lower Lewis Ponds Road, Clifton Grove from RU1 Primary Production to R5 Large Lot Residential.

 

 

Director of Environmental Services' REPORT

 

Council at its meeting of 19 August 2014 resolved to submit to the Department of Planning a Planning Proposal for rezoning of Lot 10 DP 243046 being 381 Lower Lewis Ponds Road, Clifton Grove from RU1 Primary Production to R5 Large Lot Residential.

 

The proposal was forwarded to the department on 28 August 2014. A Gateway Determination was issued by the department on 16 September 2014.

 

In accordance with the Gateway Determination the Planning Proposal was placed upon public exhibition for a period of 28 days. During the exhibition period the Planning Proposal and all relevant documents were publically available at the council’s Molong and Cudal offices, the Orange City Council library and through council’s web site. Notification was made through public advertisement placed in the Central Western Daily newspaper. Written notification was provided to adjacent and nearby landowners.

 

The Gateway Determination required consultation with Rural Fire Service and Office of Water. Each authority has reviewed the Planning Proposal and have no objection to the rezoning proceeding.

 

By the close of the exhibition period two (2) submissions had been received. A third submission was received by council on 11 November 2014 after the final date for submissions had passed.

 

The submission issues are summarised as follows:

 

Submission

Comment

Submission 1 – concerned about safety of proposed driveways onto Lower Lewis Ponds Road, safety of children and possible distance to the nearest bus stop, area shown for on-site waste disposal may not be adequate.

Rezoning alters the LEP land use plan zone. Rezoning does not constitute subdivision or development consent. A detailed subdivision / development application would be submitted prior to consideration of any development of the land either within the current zone or the proposed zone. Site assessment informing the Sub Regional Strategy 2008, and the current Planning Proposal indicate that the subject land may be capable of accommodating additional development for the purpose of lifestyle allotments.

Submission 2 – opposed to variation of the shire wide RU5 zone min lot size of 2ha to 1ha, suggests every land landowner of RU5 land within Cabonne should have been notified of the proposal given the enormity of the ramifications, a public hearing is warranted, real estate advice in Orange is that RU5 land is not clearing – why do we need more, Lower Lewis Ponds Road is not suitable to accommodate additional vehicular driveways and the road is already a hazard, concerned that nutrients from imported topsoil and manure will enter the waterways and pollute Summer Hill Creek.

The rezoning applies to one allotment of land only. It does not apply across the council area.

The proposal is to rezone an allotment from RU1 Primary Production to R5 Large Lot Residential. The RU5 zone is a village zone and does not apply to the proposal.

Neighbourhood notification was correct. Public notification was also carried out. A Public Hearing is not required by the Department of Planning or via the planning legislation.

The R5 min lot size maps for the Cabonne area incorporates a range of lot sizes for different areas within the shire reflecting land use history and topography. The minimum lots size provisions  across the R5 area vary from 4,000m² through 1ha, to 2 ha, 5 ha and 10 ha standards.

The proposal seeks to introduce an averaging standard – resulting in the SA3 subject precinct satisfying a 2ha lot size average – some lots will be greater than 2ha with others less than 2ha but not less than 1ha. This approach addresses land capability / topography.

The proposal in is accordance with the endorsed sub regional strategy. The adjacent Weemilah Estate allotments have reached 100% occupancy and no allotments are vacant.

Detailed assessment of any subdivision proposal subsequent to land rezoning would require assessment. Indications are that the site is capable of accommodating growth and that design and engineering solutions can be applied to provide safe vehicular access and road use. Cabonne council policy requires notification of all subdivision applications. Should the rezoning proceed and the land be later subject to a development proposal, adjacent neighbours will have further opportunity for input into the planning process. Assessment of on-site waste disposal, soil erosion, stormwater run off, building set backs etc would be key considerations.

Submission 3 – rezoning would be detrimental to land values especially if 1ha lots are permitted. Subdivision will adversely impact upon privacy of existing land owners. Precedent of the rezoning will result in others seeking rezoning in the area and changing the demographics of the area. Development will not compliment the existing development character of the area.  Road is not suitable to accommodate additional traffic.

Rezoning is unlikely to affect land value of adjacent land.

Rezoning does not confer subdivision approval. Merit based assessment of subdivision and development applications would assess visual impacts.

The proposal is in accordance with the sub regional strategy. The strategy identifies and prioritises release areas.

Should the rezoning be supported and a subsequent subdivision or development application submitted, detailed assessment of traffic and access requirements will be carried out. Initial information suggests adequate engineering and design solutions are available to achieve a level of development that complies with road and access requirements.

 

The three submissions generally relate to development issues that would be the subject to detailed assessment at subdivision stage and not exclusive to the rezoning phase ie traffic and access issues. Council’s Development Engineer has reviewed the Planning Proposal and the concept plan, and has indicated that engineering and design solutions could adequately address the development considerations to ensure road and pedestrian safety.

 

The rezoning of the subject land is in accordance with the strategic planning reflected in the 2008 Sub Regional Rural and Industrial Strategy and the background material informing the Cabonne LEP 2012. It is suggested that council proceed with the rezoning proposal.

 

ITEM 24 - 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 - 598559

 

 

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

 

Council at its meeting of 28 October 2014 deferred this matter. The report is relisted for Council’s considerations.

 

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 25 - REQUEST FOR REIMBURSEMENT OF DEVELOPMENT APPLICATION FEES - 2014/0193 - ACCESSIBLE WC/SHOWER AMENITIES BUILDING

REPORT IN BRIEF

 

Reason For Report

To obtain Council approval for the donation of $242.00 as reimbursement of development application fees paid in association with DA 2014/0193 for Accessible WC/ shower amenities building at Eden Hall, Lot 65 DP 753248, Peak Hill Road, Baldry.

Policy Implications

Nil

Budget Implications

s356 Budget

IPR Linkage

4.5.3.a. Provide efficient and effective development assessment

Annexures

Nil   

File Number

\Development Applications\DEVELOPMENT APPLICATION\2014\03-2014-0193 - 591423

 

 

Recommendation

 

THAT Council donate $242.00 from its s356 budget to Eden Hall, being the amount equivalent to DA fees paid in association with Development Application 2014/0193 for Accessible WC/shower amenities building on Lot 65 DP 753248, Peak Hill Road, Baldry.

 

Senior Town Planner's REPORT

 

Council has received a request from Eden Hall, Baldry seeking reimbursement of fees paid in association with DA 2014/0162 for Accessible WC/shower amenities building on Lot 65 DP 753248, Peak Hill Road, Baldry. Eden Hall is a non-for-profit community organisation.

 

The fees paid totalled $896.70 and consisted of the following:-

 

Development Application            $242.00

Construction Certificate               $171.00

Inspections                                    $300.00

S68 Plumbing and Drainage      $82.70

Long Service Levy                        $101.00

 

The DA for this application has been approved and consent granted on 10 July 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 a fee of $242.00 would be considered for donation back to the applicant. 

 

 

 

ITEM 26 - REQUEST FOR REIMBURSEMENT OF DEVELOPMENT APPLICATION FEES - 2014/0162 - FLOOD LIGHTS FOR MANILDRA TENNIS COURTS - LOT 157 DP 750155, DEROWIE STREET, MANILDRA

REPORT IN BRIEF

 

Reason For Report

To obtain Council approval for the donation of $272.00 as reimbursement of development application fees paid in association with DA 2014/0162 for flood lights at Manildra Tennis Courts by Manildra Tennis Club.

Policy Implications

Nil

Budget Implications

s356 budget

IPR Linkage

4.5.3.a. Provide efficient and effective development assessment

Annexures

Nil   

File Number

\Development Applications\DEVELOPMENT APPLICATION\2014\03-2014-0162 - 591398

 

 

Recommendation

 

THAT Council donate $272.00 from its s356 budget to Manildra Tennis Club, being the amount equivalent to fees paid in association with Development application 2014/0162 for Flood lights on Lot 157 DP 750155, Derowie Street, Manildra.

 

 

Senior Town Planner's REPORT

 

Council has received a request from the Manildra Tennis Club seeking reimbursement of fees paid in association with DA 2014/0162 for flood lights at Manildra Tennis Courts on Lot 157 DP 750155, Derowie Street, Manildra. The Manildra Tennis Club is a non-for-profit community organisation.

 

The fees paid totalled $814.00 and consisted of the following:-

 

Development Application            $272.00

Construction Certificate               $206.00

Inspections                                    $200.00

Long service Levy                         $136.00

 

The DA for this application has been approved and consent granted on 14 May 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 on the above procedural statements a refund of $272.00 would be considered for donation back to the applicant. 

 

 

ITEM 27 - DA 2015/0012 CELLAR DOOR PREMISE AND AMENITIES BLOCKS ON LOT 100 & 102 DP 1031436, 1034 THE ESCORT WAY, BORENORE

REPORT IN BRIEF

 

Reason For Report

The development application requires determination by Council as the application had three unresolved submissions during the neighbour notification period raising concerns for the proposed development for a cellar door operation.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.3.a. Provide efficient and effective development assessment

Annexures

1.  DRAFT CONDITIONS OF CONSENT    

File Number

\Development Applications\DEVELOPMENT APPLICATION\2015\03-2015-0012 - 598862

 

 

Recommendation

 

THAT Development Application 2015/0012 for Cellar door premise and amenities block x 2 on Lot 100 & 102 DP 1031436, 1034 The Escort Way, Borenore, 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 a Cellar Door, business identification signage and amenities block for Cellar Door Premise with additional amenities block for workers on land described as Lot 100 and 102 DP 1031436, 1034 The Escort Way, Borenore.

 

The proposal seeks consent for the conversion of a former shearing shed to a cellar door premise for the purpose of wine tasting and cellar door sales associated with the on-site vineyard. Hours of operation are proposed at being 7 days a week 11am to 5pm.

 

A safe access point complying with the requirements of the Roads and Maritime Services (RMS) will be provided for the development.  Access will be via The Escort Way. The proposal seeks to provide adequate parking and amenities facilities for visitors. Additional landscaping along the common boundary to the nearest residence to the east will be provided to improve privacy.

 

Business identification signage is also proposed for the site. No illumination is proposed.

 

The development also seeks consent for two (2) amenities blocks on the site. One amenities block is to be associated with the cellar door premise and is to be located to the north of the proposed cellar door. The other amenities block is for the vineyards workers on the north eastern section of Lot 102.

 

The application was required to be neighbour notified to adjoining landowners for a period of 14 days. Three (3) submissions were received by the close of the exhibition phase raising a number of concerns regarding aspects of the proposed development.

 

 

Below is a copy of the proposed site plan for the cellar door operation.

 

 

The application has been referred to Council for determination as the application received three (3) unresolved submissions during the neighbour notification phase that raised a number of concerns pertaining to the proposed development. The main issues raised include:- safety of proposed access point, hours of operation, site contamination, proximity of cellar door operation to the nearest dwelling, noise, dust associated with the cellar door operation and adverse impact on the amenity of the nearby dwelling, unsuitable location of proposed pickers amenities block, site security for adjoining landowners, land use conflicts and visual impact of amenities block.

 

The application also seeks to construct an amenities block for workers in the north eastern section of Lot 102 with corrugated iron. Council policy requires the use of non-reflective materials in visually prominent areas. A revised plan was submitted to Council indicating revised setbacks for the amenities block to be located on a high point 50m from the northern boundary of Lot 102. The structure will now be approximately 300m from the adjoining landowners dwelling.

 

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

 

Applicant:          Heifer Station Wines c/o:- Peter Basha Planning and Development

Owner:               Planline Pty Ltd

Proposal:           Cellar Door Premise and Amenities block x 2

Location:            Lot 100 and 102 DP 1031436, 1034 The Escort Way, Borenore

Zone:                  RU2 Rural Landscape

 

THE PROPOSAL

It is proposed to seek consent to convert a former shearing shed for a cellar door premise for the purpose of wine tastings and cellar door sales. The cellar door is to operate in conjunction with the existing vineyard operation that occurs over the two (2) lots.

 

A concrete slab will be constructed in the lean-to section at the western end of the building and will include a bench and sink for a preparation and wash area. The remainder of the building will include areas for seating, tables and shelving.

 

Proposed hours of operation are Monday to Sunday 11:00am to 5:00pm. No details of staff/employee numbers have been included.

 

Signage is also included in the application for the purposes of business identification. A sign is proposed to be located along The Escort Way boundaries for both lots 102 and 100. The frame design is 3600mm high and 3600mm wide with the advertising signage having dimensions of 2400mm x 3600mm. No illumination of the signs is proposed.

 

The application also seeks consent for two (2) separate amenities blocks. One amenities block is proposed to be ancillary to the cellar door facilities and will be located to the north of the building. The cellar door amenities block will be 6360mm x 4080mm; be constructed of recycled bricks and contain a unisex disabled toilet, cleaner’s sink, basin and two (2) individual toilets.

 

The other amenities block is for vineyard workers and is proposed to be located along the northern boundary of lot 102 in the north eastern section. The amenities block for the workers will be approximately 4080mm x 5300mm with a recycled timber frame and clad with corrugated iron. The amenities will include disabled facilities and three (3) individual toilets. 

 

Access will be via The Escort Way. A designated car parking area will be provided to the south of the proposed cellar door building. Eight (8) car spaces have been allocated.

 

A revised site plan has been submitted to Council amending the access driveway so the right of carriageway will not be used for the cellar door operation. The amended access driveway will be a gravel drive 10m wide to the west of the right of carriageway. The applicant also proposes landscaping along the fence line and the property boundary to address proximity of the driveway to the adjoining residence.

 

The below site map indicates the overall site location and context of the development.

 

 

Site Map

 

 

The subject land is located on the northern side of The Escort Way approximately 6 kilometres to the west of Orange. Lot 102 has an area of approximately 25.96 hectares; is of irregular shape and has a narrow road frontage with the allotment widening to the rear. The lot contains existing vineyard, and existing infrastructure such as shearing shed, stables and sheep/cattleyards in the south western section.

 

Lot 100 has an area of 26.06 hectares and also contains vineyard. The lot also has approval for an ancillary dwelling on the north-western corner of the site (DA 2014/120).

 

An existing access point is located off The Escort Way with an internal gravel driveway along the lots eastern boundary. The driveway lies within a Right of Carriageway that benefits the adjoining allotment to the east. A Right of Carriageway is registered on the title of Lot 102 DP 1031436.

 

The site is not serviced by either reticulated sewer or water.

 

Molong Creek is located approximately 500m to the east.

 

Background

The subject land was created via subdivision 2001/49 and registered 26/7/2001. Lots 100 & 102 have a combined area of approximately 52 hectares.

 

The following development applications have previously been submitted to Council for the subject land:-

 

DA 2003/183 Winery, Cellar door sales and tastings through the use of the existing storage and shearing shed. The application was refused 19/4/2006 based on proximity of the building to the neighbor and the inability to address issues such as buffer zone; noise; landscaping and impacts on the amenity of the neighbours. The application was refused due to lack of information and supporting documentation.

 

DA 2011/77 Tourist Facility & Ancillary Dwelling. The application was refused based on a Land & Environment court ruling 19/6/2012.

 

DA 2014/120 Ancillary Dwelling approved 15/4/2014.

 

MATTERS FOR CONSIDERATION

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

 

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

 

Clause 1.2  Aims of the Plan

The broad aims of the LEP are as follows:

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

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

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

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

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

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

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

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

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

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

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

 

Clause 1.9A Suspension of covenants, agreements and instruments

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

·    Covenants imposed or required by council

·    Prescribed instruments under s183A of Crown Lands Act 1989

·    Any conservation agreement under National Parks and Wildlife Act 1974

·    Any trust agreement under the Nature Conservation Trust Act 2003

·    Any property vegetation plan under the Native Vegetation Act 2003

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

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

 

      Mapping

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

     

Land zoning map

Land zoned RU2 Rural Landscape

Lot size map

Minimum lot size NA

Heritage map

Not a heritage item or conservation area

Terrestrial Biodiversity Map

Has biodiversity sensitivity on the subject land

Flood planning map

Not within a flood zone

Natural resource – karst map

Not within a karst area

Drinking water catchment map

Is within a drinking water catchment area

Riparian land and watercourse map, groundwater vulnerability map

Groundwater vulnerable

Land reservation acquisition map

 

 

      These matters are addressed in the report following.

 

Cabonne Local Environmental Plan 2012

The subject land is zoned RU2 Rural Landscape by the Cabonne Local Environmental Plan 2012.  Cellar Door Premise is permissible within this zone, subject to Council’s development consent. A cellar door premise is defined under the standard instrument as “a building or place that is used to sell wine by retail and that is situated on land on which there is a commercial vineyard, and where most of the wine offered for sale is produced in a winery situated on that land or is produced predominantly from grapes grown in the surrounding area”.

 

Objectives of the RU2 Rural Landscape zone

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

 

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

·    To maintain the rural landscape character of the land.

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

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

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

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

 

Part 2 – Permitted or prohibited development

The proposed development is a permitted land use however, requires development consent.

 

Part 6 – Additional local provisions

Clause 6.3 Terrestrial biodiversity

 

 

LEP mapping has identified that the subject land as “Biodiversity” on the Terrestrial biodiversity Map. The following species have been identified on the site; Blakely’s Red Gum – Yellow Box and Apple Box – Yellow Box Mountain Gum. Mapping indicates that there is less than 30% vegetation remaining. The proposed development does not seek to remove any vegetation and as such is not likely to have an adverse impact on the flora or fauna of the land. No additional measures are required to minimize or mitigate the impacts of the proposed development.

 

Clause 6.4 Groundwater vulnerability

The subject land has been identified as “Groundwater Vulnerable” on the Groundwater Vulnerability Map. The proposed development involves the conversion of a shearing shed for the purposes of a cellar door operation and the construction of two (2) amenities blocks. A contamination report and on-site effluent studies have been provided indicating that groundwater will not be compromised as a result of the development. There is however a bore located on Lot 102, approximately 100m from the proposed cellar door. No additional measures are required to avoid, minimize or mitigate impacts of the proposed development.

 

Clause 6.5 Drinking water catchments

 

 

The site is identified as “Drinking water catchment’ on the Drinking Water Catchment Map. The proposed development will not have an adverse impact upon the quality and quantity of entering drinking water storages.

 

Clause 6.6 Riparian land and watercourses

 

 

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

 

Clause 6.8 Essential services

The site is not connected to either reticulated sewer or water and these services are not available within the surrounding locality. The provision of on-site effluent disposal and water will be via on-site means. Power and telephone services are available within the locality and any upgrades would be at the expense of the developer. As such, there is adequate capacity for the provision of essential services for 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 Protection

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

 

State Environmental Planning Policy No.55 – Remediation of Land applies to the site. A preliminary contamination report has been provided to Council. Further investigation is required and a condition of consent requires the outcomes of such investigations to be forwarded to Council. Any works would be considered to be Schedule 2 works and be in accordance with the SEPP.

 

State Environmental Planning Policy No.64 - Advertising and Signage

The application also seeks consent for business identification signage for the site. The definition of building identification sign means a sign that identifies or names a building, and that may include the name of a business or building, the street number of a building, the nature of the business and a logo or other symbol that identifies the business, but that does not include general advertising of products, goods or services. Consent is sought for signage of approximately 2.4m x 3.6 at 1.2m off the ground displaying the business name only. Signage is to be located along The Escort Way boundary to the west of the proposed access point. As such, SEPP 64 applies to the development.

 

State Environmental Planning Policy No.64 (Advertising and Signage)

 

SEPP No.64 (Advertising and Signage) is applies to the subject proposal.

Clause 3 – Aims, objectives etc

The policy aims to ensure that signage is compatible with the amenity and character of an area and provides effective communication of high quality and design.

 

Clause 8 – Granting of consent to signage

A consent authority must not grant development consent to an application to display signage unless the signage is considered to be consistent with the objectives of the policy and the signage satisfies the assessment criteria specified in Schedule 1 of the SEPP.

 

Schedule 1 Assessment Criteria

 

1 Character of the area

The character of the area is rural. Advertising signage within the vicinity generally consists of business identification. The sign will not be inconsistent.

2 Special areas

The proposal does not involve the establishment of any advertising signage within a special area.

3 Views and vistas

The proposed signage does not dominate the landscape or obstruct views and vistas.  The signage will not detract from the amenity of the area.

4 Streetscape, setting or landscape

The sign integrates with the existing environment. The proposed signage would not obscure or compromise important views nor would it dominate the skyline and reduce the quality of vistas.

5 Site and building

The sign is compatible with the scale, proportion and form to the area and is not considered to be unreasonable or unexpected for the proposed building use.

6 Associated devices

The sign does not require safety devices or platforms.

7 Illumination

The proposed signage will not be illuminated.

8 Safety

The proposed sign will not reduce vehicular and pedestrian safety as the sign is set well back from the road frontage.

 

The proposed sign is considered to be appropriately designed and has been sited to allow easy identification of the proposed cellar door facility. The content and design of the sign is not inconsistent with the SEPP.

 

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

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

 

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

 

Development Control Plan No 5 – General Rural Zones applies to this development. The proposal is 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)

 

Visual amenity

Concern for the location of the amenities block located on the northern boundary of Lot 102 was raised during the neighbor notification exhibition phase. In response to concerns raised during the notification period, the applicant has submitted to Council a revised plan moving the amenities building to achieve a setback of approximately 50m from the northern boundary with a distance of approximately 300m to the nearest dwelling to the north.

 

Access and traffic 

Access to the site will be via The Escort Way which is identified as a regional road. The application was referred to the Roads and Maritime Services (RMS) for assessment. Comments are provided in the Public Consultation section of this report.

 

Due to the nature of the proposal and the site’s location, the application was also referred to the Local Traffic Committee for their assessment and comment.

 

A revised plan from the applicant has changed vehicle thoroughfare servicing the cellar door from the right of carriageway to the west via a new internal driveway.

 

Agricultural Impact

The main use of the site is for agricultural purposes (intensive viticulture). The additional uses for the proposed cellar door are not the main use of the site and relates to the agricultural production (grapes/wine) of the land. The two (2) proposed amenities blocks are considered to be ancillary development and does not impact on the agricultural productivity of the land.

 

Site Contamination

 

The sheep dip is located adjacent to a shearing shed. Yards surrounding the dip have been abandoned. The dip is in disrepair and has not been used for many years. Typically spray type dips operated from the late 1940s

 

The report indicates that testing revealed elevated levels of arsenic and dieldrin were detected around the sump and upslope of the drainage area. This comprises an area of 11m by 5m. The vertical extent of the elevated levels has not yet been determined.

 

The report does indicate that the area exceeding the commercial land-use threshold for arsenic and deildrin is not suitable for the proposed development. Suitability for the commercial development should be conditional on the satisfactory completion of the remediation plan.

 

The contamination report identifies that additional sampling is required to determine the lateral and vertical extent of the contamination. A remediation action plan should be prepared describing the process involved. The remediation should be validated by a suitably qualified consultant and can be undertaken in conjunction with other earthworks associated with the development.  Works will be required to be completed prior to any issuance of any construction certificate. All works are required to comply with the provisions of SEPP 55 – Remediation of land.

 

A groundwater bore is licensed on Lot 102 and is located approximately 100m from the proposed cellar door and amenities facility.

 

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

 

Physical Attributes and Hazards

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

 

DEVELOPMENT CONTRIBUTIONS

 

No contributions apply to the development.

 

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

 

The proposed development is not advertised development; however the proposed development was required to be neighbourhood notified.  Three (3) submissions were received by the close of the exhibition phase.  Issues raised in the submission(s) are addressed as follows:

 

Submission

Issues Raised

Council Response

1

Concern for safety for the proposed access point where there have been accidents and near misses

 

 

Use of buses accessing the site

 

Hours of operation are long and questions whether the proposal is actually a cellar door or indeed a function centre. Proposed hours are 7 days a week and 11am to 5pm.

DA was referred to RMS for assessment and approval. Requirements for compliance with RMS will be conditions of any consent.

 

Noted. Compliance with RMS requirements.

 

Noted. Hours are consistent with other cellar door operations in the surrounding locality.

2

Access is dangerous; safety concerns

 

Concern for possible contamination of the site for use as a cellar door as the building to be used as a cellar door is a former shearing shed

 

 

 

 

 

 

Earthworks, demolition and renovations have already been carried out without consent

 

Site for the cellar door is located approx. 60m from the adjoining dwelling to the east. Not suitable location.

 

Impact on amenity and lifestyle by noise and dust from traffic

As above

 

 

Any conversion of a structure from one use/classification to another requires compliance with the BCA. Any approval would include a condition requiring this. A contamination report was provided to Council that indicates a remediation action plan is required for the area.

 

Noted

 

 

 

 

Location and use of existing building has been assessed within the main body of the report

 

Applicant submits a revised site plan with public access to cellar door via a new internal driveway that is to be routed to the west of the existing right of carriageway to reduce vehicles directly passing the adjoining dwelling

3

Clarification that the amenities block for workers is a toilet block and not temporary/ancillary  accommodation

 

 

Location of proposed pickers’ amenities block is at the most north-eastern point of the vineyard; if the amenities are for workers then a more central location would be desirable

 

Proposed location for workers’ amenities  may encourage a communal congregation area and/or be used for temporary accommodation

 

SoEE does not address the workers’ amenities block on the land to the north of Lot 102 for proximity to boundary and proximity to the adjoining dwelling on Lot 31 DP846568.

 

Site plan only gives an approximate location of the workers amenities block. The effluent study gives a more accurate description of 2-3 from property boundary with effluent disposal approx. 10-15m from the northern boundary. These proposed setbacks for workers amenities are unsatisfactory.

 

Minimise land use conflict by re-locating the amenities block

 

Visual impact of the amenities block

 

 

 

 

 

 

 

 

 

 

The amenities block is contrary to the RU2 zone objective “to protect and enhance”

 

 

Increase in noise 

Noted. The application only seeks consent for an amenities block. No other use is proposed. Council is unable to assess a use based on a hypothesis.

 

A revised site plan has been submitted to Council moving the proposed pickers amenities block form the northern boundary. Setback is now proposed at 50m and considered adequate.

 

Noted

 

 

 

 

 

 

Noted

 

 

 

 

 

 

 

Revised site plan has been submitted by the Applicant increasing the setback from the northern boundary to approximately 50m.

 

 

 

 

 

 

 

A revised site location has been proposed by the Applicant

 

The applicant submits that the revised location removes the structure from the top of the hill. The building is modest in bulk, height and scale and has a floor area of 22m², single storey and a skillion roof. The structure is of a similar size to a single domestic garage.

 

 

The amenities block is ancillary development and not a prohibited use. It aims to provide amenities for workers on the property.

 

Applicant has submitted that the amenities block provides only toilet and hand basin and no shower facilities. The purpose for the toilet block is convenience for the workers on the property.

 

PUBLIC AUTHORITY CONSULTATION

Roads and Maritime Services (RMS)

The application was required to be referred to the Roads and Maritime Services (RMS) for assessment as proposed access to the development is from a regional RMS road.

 

In accordance with Clause 104 of State Environmental Planning Policy (Infrastructure) 2007, the following requirements are recommended by the RMS:

 

·    A basic right (BAR) turn treatment as shown in Figure 7.5 of the Austroads Guide to Road Design: Part 4A shall be provided in The Escort Way at its intersection with the vehicular access servicing the subject land. The widened shoulder is to be sealed and built for a 100km/h speed environment to provide a reasonable level of safety for traffic (up to 12.5m buses) turning right into the access and to allow following traffic an area to pass the right turning vehicle on the left hand side.

·    Grasses and similar vegetation in The Escort Way road reserve adjoining the vehicular access shall be slashed and maintained to a low level to maximize available sight distance at the intersection.

·    To provide suitable storage capacity for the largest class of vehicle accessing the subject land, any gate, grid or similar structure installed in the access shall be setback appropriately (20m for single articulated) from the edge of the pavement in The Escort Way.

·    As road works are required on a State road, the developer will be required to enter into a Works Authorisation deed (WAD) with Roads and Maritime prior to the commencement of road works. Roads and Maritime will exercise its powers under Section 87 of the Roads Act 1993 (the act) and/or the functions of the roads authority, to undertake road works in accordance with Sections 64 and 71 and/or Sections 72 and/or 73 of the Act, as applicable, for all works under the WAD.

·    Prior to the commencement of construction works, the proponent shall contact Roads and Maritime’s Traffic Operations Co-ordinator to determine if a Road Occupancy Licence (ROL) is required. In the event that a ROL is required, the proponent shall obtain the ROL prior to works commencing within three (3) metres of the travel lanes in The Escort Way.

·    The vehicular access intersection upgrade shall be completed prior to operation of the proposed Cellar Door Premise and erection of advertising signage.

·    Signage is not to flash, move or be objectionably glaring or luminous.

·    Advertising signage is to be contained wholly within the subject land.

·    The proposed signage is not to impede sight lines of traffic entering The Escort Way from the subject land.

 

Local Traffic Committee

The application was also referred to the Local Traffic Committee meeting of 28 August 2014. The recommendation of the LTC is to endorse the requirements of the RMS. The minutes of the LTC were adopted at the October Ordinary Council Meeting.

 

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 Cellar Door and ancillary development (amenities block x 2) is permissible with the consent of Council. The application was neighbor notified for a period of 14 days with 3 submissions being received raising a number of issues of concern namely; safety of proposed access point, hours of operation, site contamination, proximity of cellar door operation to the nearest dwelling, noise, dust associated with the cellar door operation and adverse impact on the amenity of the nearby dwelling, unsuitable location of proposed pickers amenities block, site security for adjoining landowners, land use conflicts and visual impact of amenities block. The development complies with the relevant aims, objectives and provisions of the LEP.  A section 79C assessment of the development indicates that the development is acceptable in this instance.  Attached is a draft Notice of Approval outlining a range of conditions considered appropriate to ensure that the development proceeds in an acceptable manner.

 

 

ITEM 28 - DA 2013/0175 2 LOT SUBDIVISION ON LOT 14 DP 1131133, SPRING HILL ROAD, SPRING HILL

REPORT IN BRIEF

 

Reason For Report

As per the resolution from October Ordinary Council Meeting a draft notice of approval is attached for determination in relation to DA 2013/0175

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.3.a. Provide efficient and effective development assessment

Annexures

1.  Draft conditions of consent    

File Number

\Development Applications\DEVELOPMENT APPLICATION\2013\03-2013-0175 - 592949

 

 

Recommendation

 

THAT Council determine DA 2013/0175 for 2 lot subdivision of Lot 14 DP 1131133, Spring Hill Road, Spring Hill.

 

Senior Town Planner's REPORT

 

DA 2013/0175 was included in the October Ordinary Council Meeting for determination. An assessment report was included with a recommendation for refusal.

 

The resolution from the October meeting was for staff to prepare a draft notice of approval. This is included in an attachment to this report for Council to assess and make a determination on the development.

 

 

ITEM 29 - 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 - 597474

 

 

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 30 - 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 - 597475

 

 

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 31 - 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 - 597476

 

 

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 32 - 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 - 597477

 

 

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 25 November 2014

Item 7 - Annexure 1

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


Item 8 Ordinary Meeting 25 November 2014

Item 8 - Annexure 1

 

PDF Creator


 

PDF Creator


 

PDF Creator


Item 10 Ordinary Meeting 25 November 2014

Item 10 - Annexure 1

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


Item 14 Ordinary Meeting 25 November 2014

Item 14 - Annexure 1

 

PAPER FOR INTERNAL AUDIT COMMITTEE CABONNE 15 OCTOBER

 

ENTERPRISE RISK MANAGEMENT, BUSINESS IMPROVEMENT AND THE ROLE OF INTERNAL AUDIT

 

Background:

 

The requirement to have an internal audit process in place has now been in effect for nearly 5 years. At the time the DLG Guidelines were released in 2008/2009, the Alliance Councils took the opportunity to develop:

 

          Internal Audit Kit (which we sold to other councils!)

          Joint Committee Structure

          Joint engagement of Auditors

          Training of staff in internal audit (to complete the audit program internally as opposed to engaging external auditors and the Alliance Councils would audit each other).

 

The more recent recommendations of the Independent review Panel  referred to improvements to the way in which internal audit is managed in local government. The recent announcements of the State Government for Fit for Future councils supports the recommendations for changes.  These include:

 

-  Extend the concept of internal audit towards adding value and continuous improvement

 

-  . Require councils to have an audit, risk and improvement committee associated with internal audit function with broad terms of reference covering financial  management, good governance, performance in implementing the CSP and Delivery Plans, service reviews, collection of required indicator data, continuous improvement and longer term sustainability”

 

Council is also implementing Enterprise Risk Management. As part of the Business Improvement program an internal self-assessment on the status of implementation of ERM was recently completed.  This highlighted areas that need to be improved and completed and a subsequent project plan has been developed (see separate report)

 

Currently there is not a direct link between audit committee and processes and ERM. The Risk Officer does not have any involvement in, or influence upon, the Internal Audit Program yet risk identification should inform the Internal Audit Program or schedule of activities.

 

Council has also implemented a Business Improvement Program (BIP) which was an Alliance initiative. Whilst some good outcomes have been achieved the lack of dedicated resources is impacting the progress of this program.

 

 

 

The WHS Committee has not been functioning appropriately for 12 months and also needed to be reviewed. Discussions have been held about opportunities to integrate the WHS committee into a redesigned committee.  After consultation with staff the majority decision was to dissolve the committee and use WHS representatives elected by identified work groups (this is legislatively compliant). This will ensure that our obligations under WHS legislation are being met and importantly we are managing the risks of WHS.


Item 14 Ordinary Meeting 25 November 2014

Item 14 - Annexure 1

 

 

 

The Internal Audit Committee at the last meeting noted:

 

concern that there needed to be a high level audit strategy developed for the committee and that progress appeared to be slow.

 

There is some frustration by both the independent members and staff of council about the way the processes and audit committee operations that they are not adding value or achieving outcomes. It is felt by Council that there needs to be a refocus of the committee with the intention of making continuous improvement and risk management the core focus, and recognising that the audit process is just a tool used to identify ways to improve efficiencies and ensure compliance.

 

The focus should not be on audit. Staff associate audit” with financial processes and not as a positive activity. We need to be talking about improvement, efficiency and managing risk.  The change of title for the committee purposefully removing the word audit- assists with changing the profile and priority this committee needs to have into the future.

 

In consideration of all these influences and factors Council is proposing a change to the way the internal audit committee and processes operate.

 

A Holistic Approach to Managing Risk and Continuous Improvement

 

Internal audit is used as a tool to:

 

            Investigate risk factors and recommend mitigation/adaption strategies;

            Support and promote a culture of continuous business improvement. The definition provided in the DLG guidelines is:

Internal audit is an independent, objective assurance and consulting activity designed to add

value and improve an organisations operation. It helps an organisation accomplish its objectives by bringing a systematic disciplined approach to evaluate and improve the effectiveness of risk management  control and governance processes.

 

Additionally Risk Analysis is also a tool which identifies risks requiring mitigation strategies to be implemented – in the same way that business improvements, internal audits or even service reviews do.

 

The process and outcomes from the BIP reviews are similar to audit finding a process is scrutinised by a group of experts and users to identify improvement options, culminating in a range of recommendations. These are currently then adopted and implemented through the General Manager and Directors responsible.

 

By way of comparison with the outcomes achieved through the audit process Wellington were able to complete high level process reviews of 11 key processes in Corporate Services within a 5 month period.  This compared with just one internal audit in a 12 month period. Formalised rigorous audit processes, using technical experts and skilled auditors has an important role but should be in context with other continuous improvement and risk management strategies, programs and initiatives.


Item 14 Ordinary Meeting 25 November 2014

Item 14 - Annexure 1

 

COMPARISON INTERNAL AUDIT PROCESS & B.I.P

 

 

B.I.P

Internal Audit

PURPOSE

     Continuous improvement

     Mitigate risk

       Continuous improvement

       Mitigate risk

PROCESS

     Processes identified through risk analysis

     Reviews coordinated by WBCEM using internal staff and using process mapping methodology

       Processed identified -through risk analysis Reviews completed by Internal Auditors.

OUTCOMES/ RECOMMENDATIONS

     Referred to GM & Directors for Action (but could be referred to Internal Audit Committee

       Referred to Internal Audit

Committee

       Responsible Directors has accountability for actioning recommendations

COORDINATION

     WBCEM

       Director Corporate Services of Management Finance & Administration

ACTIVITY IN PAST 18

MONTHS

     15 Reviews completed

(Wellington & Cabonne)

     I Audits each CTW, Blayney & 2 at Cabonne and Wellington

 

 

There is a real opportunity to improve the way internal audit is currently managed, particularly improving the value of outcomes and meaningful improvement, by taking a Business Improvement approach, rather than just a compliance driven audit process which is in isolation of day to day operations.

 

PROPOSAL:

 

-                        The internal audit committee be renamed the Continuous Improvement and Risk

Management Committee

-                        The  proposed terms of reference are attached as Appendix A

-                        The current

 

 

 

RECOMMENDATION:

 

1 The Internal Audit committee is reconstituted as outlined in this paper.


Item 14 Ordinary Meeting 25 November 2014

Item 14 - Annexure 1

 

GOVERNANCE, RISK MANAGEMENT & BUSINESS IMPROVEMENT COMMITTEE

 

TERMS OF REFERENCE

 

1.  OBJECTIVE

 

The objective of the Continuous Improvement and Risk Management Committee (Committee) is to provide independent assurance and assistance to Cabonne Council on risk management, internal controls, governance, compliance and audit, work place health and safety and continuous Improvement.

 

This Committee replaces the previous Council committees of:

 

-                         Internal Audit

 

-                         Work Place Health and Safety

 

Continuous improvement is a cycle of improving the way organisations operate. Audit is one tool to identify non-compliance, risk and opportunities for improvement.

 

CONTINUOUS IMPROVEMENT CYCLE                AUDIT CYCLE

 

 

Find a process                                                                                                                                                         Risk Analysis


 

 

Organise a team that k Clarify current knowle Understand sources o

Select the process improvement


Audit Team

 

Conduct Team

 

Process Analysis

 

Audit Results - Continuous

Improvement Program


 

 

 

 

 

 

 


Item 14 Ordinary Meeting 25 November 2014

Item 14 - Annexure 1

 

 

 

2.  ROLE AND RESPONSIBILITIES

The Committee has no executive powers, except those expressly provided by the Council. In carrying out its responsibilities, the Committee must at all times recognise that primary

responsibility for management of Council rests with the Council and the General Manager as defined by the Local Government Act.

 

The responsibilities of the Committee may be revised or expanded by the Council from time to time. The Committee’s responsibilities include oversight of three key Council programs:

 

 

 

 

RISK MANAGEMENT & AUDIT              CONTINUOUS IMPROVEMENT       WORKPLACE HEALTH & SAFETY

 

Risk Management & Audit

 

Risk -

 

ü   Review whether management has in place a current and comprehensive risk management framework, and associated procedures for effective identification and management of business and financial risks, including fraud.

 

ü   Review whether a sound and effective approach has been followed in developing strategic risk management plans for major projects or undertakings;

 

ü   Review the impact of the risk management framework on its control environment and insurance arrangements; and

 

ü   Review whether a sound and effective approach has been followed in establishing business continuity planning arrangements, including whether plans have been tested periodically.

 

ü   Review whether management has adequate internal controls in place, including over external parties such as contractors and advisors;

 

ü   Review whether management has in place relevant policies and procedures, and these are periodically reviewed and updated;

 

ü   Progressively review whether appropriate processes are in place to assess whether policies and procedures are complied with;

 

ü   Review whether appropriate policies and procedures are in place for the management and exercise of delegations; and

 

ü   Review whether management has taken steps to embed a culture which is committed to ethical and lawful behaviour.

 

Audit:


Item 14 Ordinary Meeting 25 November 2014

Item 14 - Annexure 1

 

ü   Satisfy itself the annual financial reports comply with applicable Australian Accounting Standards including all relative legislative requirements and supported by appropriate management sign-off on the statements and the adequacy of internal controls.

 

ü   Review the external audit opinion, including whether appropriate action has been taken in response to audit recommendations and adjustments.

 

ü   Provide input and feedback on the financial statement and performance audit coverage proposed by external audit, and provide feedback on the external audit services provided.

 

ü   Review all external plans and reports in respect of planned or completed external audits, and monitor the implementation of audit recommendations by management.

 

ü   Consider significant issues raised in relevant external audit reports and better practice guides, and ensure appropriate action is taken.

 

ü   act as a forum for communication between the council, general manager, senior management, internal audit and external audit.

 

ü   review the internal audit coverage and internal audit plan, ensure the plan has considered the risk management plan, and approve the plan.

 

ü   review all audit reports and consider significant issues identified in audit reports and action taken on issues raised, including identification and dissemination of better practices.

 

ü   monitor the implementation of internal audit recommendations by management.

 

ü   periodically review the internal audit charter to ensure appropriate organisational structures, authority, access and reporting arrangements are in place.

 

ü   periodically review the performance of internal audit.

 

 

 

CONTINUOUS IMPROVEMENT

 

Monitor Continuous Improvement initiatives, programs or activities including:

 

ü   Organizational reviews

 

ü   Service delivery reviews

 

ü   Establishment of Performance criteria and development of monitoring and reporting against performance across a range of indicators

 

ü   Continuous Improvement Program (BIP)

 

ü   Promotion of continuous improvement outcomes and advocating for a continuous improvement culture within Cabonne


 

 

WORKPLACE HEALTH & SAFETY

 

ü   The formulation and review of Councils Workplace Health and Safety policies, procedures and programs.

 

ü   Advice on Workplace Health and Safety training and education.

 

ü   The provision of information to the employees on the importance of safety in the workplace.

 

ü   Health and safety matters which have been formally referred to the immediate Supervisor and have not been acted upon.

 

ü   Register of Injury review.

 

ü   Workplace inspections, evaluations and audits.

 

ü   Workplace design.

 

ü   Work systems.

 

ü   Operating procedures.

 

ü   Emergency procedures and drills.

 

ü   Technological change.

 

ü   Personal protective and safety equipment.

 

ü           Rectification of unsafe and unhealthy conditions.

 

ü   Other issues as outlined in the current legislation and regulations.

 

 

 

3.  AUTHORITY

 

The Council authorises the Committee, within the scope of its role and responsibilities, to:

 

            Obtain any information it needs from any employee or external party (subject to their legal obligations to protect information).

 

            Discuss any matters with the external auditor or other external parties (subject to confidentiality considerations).

 

            Request the attendance of any employee or councilor at Committee meetings.

 

            Obtain external legal or other professional advice considered necessary to meet its responsibilities.

 

4.  COMPOSITION AND TENURE


Item 14 Ordinary Meeting 25 November 2014

Item 14 - Annexure 1

 

The Committee will consist of the following: Members (voting)

            Mayor

 

            Two independent external members (not a member of the Council) with relevant experience or qualifications. (note that independent members are paid for their services)

 

Attendee (non-voting)

 

            General Manager

 

            Director of Finance & Corporate Services and/or an appointed Secretariat of the Audit

Committee

 

            Risk Officer

 

            WHS Representative on an as needs basis

 

Invitees (non-voting) for specific Agenda items

 

            Representatives of the external auditor.

 

            Other officers may attend by invitation as requested by the Committee.

 

The independent external members will be appointed for the term of council, after which they will be eligible for extension or re-appointment following a formal review of their performance.

 

The members of the Committee, taken collectively, will have a broad range of skills and experience relevant to the operations of the council. At least one member of the Committee shall have accounting or  related  financial  management  experience,  with  understanding  of  accounting  and

auditing standards in a public sector environment.

 

5.  FORMAT OF MEETINGS

 

As this committee has three key focus areas the meetings will be constructed such that WHS representatives will only be required to attend the meeting for items relating to this function.  An example agenda is provided as Attachment A.

 

 

6.  RESPONSIBILITIES OF MEMBERS


Item 14 Ordinary Meeting 25 November 2014

Item 14 - Annexure 1

 

Members of the Committee are expected to:

 

            Understand the relevant legislative and regulatory requirements appropriate to the council of Cabonne Council

 

            Contribute the time needed to study and understand the papers provided.

 

            Apply good analytical skills, objectivity and good judgment.

 

            Express opinions frankly, ask questions that go to the fundamental core of issues, and pursue independent lines of enquiry.

 

7.  REPORTING

 

At the first Committee meeting after 30 June each year, the Committee will provide a report of:

 

            The performance of Risk and Internal Audit programs for the financial year as measured against agreed key performance indicators.

 

            The approved Internal Audit Plan of work for the previous financial year showing the current status of each audit.

 

            The performance of Workplace Health and Safety Programs for the financial year as measured against agreed key performance indicators.

 

            The performance of Continuous Improvement Programs for the financial year as measured against agreed key performance indicators.

 

            The Committee may, at any time, consider any other matter it deems of sufficient importance to do so. In addition, at any time an individual Committee member may request a meeting with the Chair of the Committee.

 

The secretary of the committee (director Finance and Corporate Services should provide a report to full council following each meeting providing copy of minutes and outcomes being achieved through

this committee)

 

8.  MEETINGS

 

The committee will meet quarterly on the third Thursday of February, May, August, and November. Meetings shall commence at 130pm (to fit in with the other alliance councils) and will be held in Blayney.

 

The need for any additional meetings will be decided by the Chair of the Committee, though other

Committee members may make requests to the Chair for additional meetings.

 

A forward meeting plan, including meeting dates and agenda items, will be agreed by the Committee each year.

 

9.  ATTENDANCE AT MEETINGS AND QUORUMS


Item 14 Ordinary Meeting 25 November 2014

Item 14 - Annexure 1

 

A quorum will consist of a majority of Committee members, including at least one independent member. Meetings can be held in person, by telephone, video or web conference.

 

A person/ team conducting the internal or financial audit will be invited to attend meetings as determined by the Committee. The Committee may also request the Director of Finance & Corporate Services or any other employees to participate for certain agenda items, as well as the external auditor.

 

10.SECRETARIAT

 

The Secretariat for this Committee is the responsibility of the Director Finance and Corporate Services and is the link between the Committee and the day to day operations and staff of the Council. The Secretariat will ensure the agenda for each meeting and supporting papers are circulated, at least one week before the meeting, and ensure minutes of the meetings are prepared and maintained. Minutes shall be approved by the Chair and circulated to each member