cabonne Council colour 200 wide

 

 

 

 

 

 

 

 

 22 April 2015

 

 

NOTICE OF ORDINARY COUNCIL MEETING

 

Your attendance is respectfully requested at the Ordinary Meeting of Cabonne Council convened for Tuesday 28 April, 2015 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 12noon.

 

 

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 – APRIL 2015 COUNCIL MEETING

 

 

1.00pm

Heidi Townsend – Youth of the Month

 

John Cobb – Update to Council (will be joining councillors for lunch)

 

Tracey Cullinan – Arts out West – presentation to Council regarding new strategic plan, new MOU’s and proposed new constitution.

 

 

 

 


 

 

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

 

 

 

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

 

 


         

 

 

 

 

 

 

 

 

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 


GENERAL MANAGER’S REPORT ON MATTERS FOR DETERMINATION SUBMITTED TO THE Ordinary Council Meeting TO BE HELD ON Tuesday 28 April, 2015

Page 1

TABLE OF CONTENTS

 

 

 

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

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

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

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

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

ITEM 6      GROUPING OF REPORT ADOPTION.............................................. 8

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

ITEM 8      CANCELLATION OR EXTINGUISHMENT OF EASEMENT  - LOT 1 DP1078268 AND LOT 1 DP323485 OBLEY ST CUMNOCK............................... 9

ITEM 9      PROPOSED ROAD CLOSURE - CLUBHOUSE LANE, MOLONG 10

ITEM 10    MULLION CREEK PINE TREE REMOVAL.................................... 11

ITEM 11    FIT FOR THE FUTURE....................................................................... 12

ITEM 12    2015/16 BUDGET CONSIDERATION............................................. 15

ITEM 13    INTEGRATED PLANNING & REPORTING - OPERATIONAL PLAN THIRD QUARTER REVIEW............................................................................ 16

ITEM 14    POLICY REGISTER UPDATE - MOBILE PHONES POLICY .... 16

ITEM 15    REQUESTS FOR DONATIONS........................................................ 17

ITEM 16    CANCER CARE WESTERN NSW.................................................... 19

ITEM 17    HACC UPDATED POLICIES & PROCEDURES............................ 20

ITEM 18    PROCUREMENT (INCLUDING LOCAL SUPPLIER PREFERENCE) POLICY REVIEW................................................................................................. 21

ITEM 19    TRANSFERRING CROWN ROADS TO COUNCIL ROADS - SOUTH CANOWINDRA.................................................................................... 23

ITEM 20    BALDRY ROAD UPGRADE PETITION.......................................... 24

ITEM 21    KING STREET MOLONG WATER MAIN EXTENSION: REQUEST FOR ADDITIONAL BUDGET...................................................................... 25

ITEM 22    PLANT REPLACEMENT - TRACK LOADER FOR LANDFILL.. 28

ITEM 23    MARYLEBONE BRIDGE AND APPROACHES............................ 28

ITEM 24    DEVELOPMENT APPLICATION 2015/07 - PROPOSED DWELLING - LOT 1 DP 512482, BANJO PATERSON WAY, MOLONG............................. 29

ITEM 25    DEVELOPMENT APPLICATION 2015/08 - PROPOSED DWELLING - LOT 2 DP 512482, BANJO PATERSON WAY, MOLONG............................. 37

ITEM 26    DEVELOPMENT APPLICATION 2015/0058 6 LOT SUBDIVISION ON LOT 7 DP 1177075, 29 DAVIS ROAD, SPRING HILL.................................... 44

ITEM 27    DEVELOPMENT APPLICATION 2015/0057 3 LOT SUBDIVISION ON LOT 23 DP 1131133, 58 STRACHAN ROAD, SPRING HILL.......................... 62

ITEM 28    DEVELOPMENT APPLICATION 2004/39/2 MODIFICATION TO DEVELOPMENT UPON LOTS 5 & 6 SECTION 60 DP 758693, ICEWORKS LANE, MOLONG      79

ITEM 29    SPRING HILL LARGE LOT RESIDENTIAL ZONE....................... 84

ITEM 30    QUESTIONS FOR NEXT MEETING................................................ 86

ITEM 31    BUSINESS PAPER ITEMS FOR NOTING...................................... 86

ITEM 32    MATTERS OF URGENCY................................................................. 87

ITEM 33    COMMITTEE OF THE WHOLE SECTION OF THE MEETING... 88

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      DEBT RECOVERY REPORT OF OUTSTANDING RATES DEBTS

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

ITEM 4      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 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      CENTROC - SUPPLY OF FUEL CONTRACT

(c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business

ITEM 8      LEASING OF COUNCIL OPERATIONAL LAND - LOT 1 DP 828007 IN CANOWINDRA

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

ITEM 9      USAGE OF THE MOLONG RAILWAY STATION

(c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business

ITEM 10    VOLUNTARY PURCHASE OF FLOOD AFFECTED MOLONG PROPERTY

(c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business

ITEM 11    ENVIRONMENTAL PLANNING LAW

(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   

 

ANNEXURE ITEMS

 

ANNEXURE 7.1    March 24 2015 Council minutes.............................. 89

ANNEXURE 7.2    April 21 2015 Extraordinary Minutes.............. 104

ANNEXURE 13.1  IPR 2014/2015 3rd Quarter updates................... 107

ANNEXURE 14.1  draft Mobile Phones Policy ............................... 165

ANNEXURE 16.1  Cancer Care Western - Letter of Thanks - Opportunity for Presentation................................................................. 176

ANNEXURE 17.1  HACC Policies and Procedures Feb 2015....... 178

ANNEXURE 18.1  Procurement Policy_Updated April 2015_Final   262

ANNEXURE 20.1  Petition from residents at Baldry-Cumnock re upgrade of unsealed section....................................................... 273

ANNEXURE 28.1  2004 39 2 Modification Conditions of Consent 280 

 


 

 

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 - 637161

 

 

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 - 2015 - 637162

 

 

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 - 637163

 

 

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 - 637164

 

 

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.g. Code of Meeting Practice adhered to

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\GROUPING OF REPORT ADOPTION and BUSINESS PAPER ITEMS FOR NOTING REPORTS - 637165

 

 

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.

 

The debate process during a ‘normal’ Council meeting limits the number and duration of speeches as required by Clause 250 of the Local Government (General) Regulation 2005. 

 

Items should only be called at this time if it is expected that discussion beyond the normal debate process is likely to be needed. 

 

 

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 - 637166

 

 

Recommendation

 

THAT:

1.          Councillors call any items they wish to further consider

2.          Items 7 to 10 be moved and seconded.

 

 

Director of Finance and Corporate Services' REPORT

 

Items 7 to 10 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.  March 24 2015 Council minutes

2.  April 21 2015 Extraordinary Minutes    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - MINUTES - 2015 - 637167

 

 

Recommendation

 

THAT the minutes of the Ordinary meeting held 24 March 2015 and the Extraordinary meeting held 21 April be adopted.

 

General Manager's REPORT

 

The following minutes are attached for endorsement.

 

1.   Minutes of the Ordinary Council meeting held on 24 March 2015; and

2.   Minutes of the Extraordinary Council meeting held on 21 April 2015.

 

ITEM 8 - CANCELLATION OR EXTINGUISHMENT OF EASEMENT  - LOT 1 DP1078268 AND LOT 1 DP323485 OBLEY ST CUMNOCK

REPORT IN BRIEF

 

Reason For Report

Seeking approval to affix Council Seal to document

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\ROADS and BRIDGES\STREET MANAGEMENT\DRIVEWAY ACCESS - 641137

 

 

Recommendation

 

THAT Council authorise the affixing of the Council Seal to the Cancellation or Extinguishment of Easement form relating to a Right of Way easement burdening Lot 1 DP1078268 and Lot 1 DP323485 at Obley Street Cumnock.

 

 

Administration Manager's REPORT

 

Councillors may recall recently agreeing to the purchase of a vacant block of land (comprising of two lots) adjoining the Crossroads Building in Cumnock.  This purchase has been finalised.

 

There has been a long running issue attempting to extinguish the right of way easement though the adjoining council owned land which can now be dealt with as the council is the owner of all the lots involved. As the land was purchased at the request of the Cumnock Progress Association, it will become part of the “Crossroads Building” project and be run by the same s.355 Committee.

 

 

ITEM 9 - PROPOSED ROAD CLOSURE - CLUBHOUSE LANE, MOLONG

REPORT IN BRIEF

 

Reason For Report

To seek Council approval to close an unformed Council public road.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.2.d. Provide effective communications and information systems for residents

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\ROADS and BRIDGES\ROAD CLOSURES\PERMANENT - 629654

 

 

Recommendation

THAT Council:

1.   Approve the closure and sale of the unformed road that runs south off Clubhouse Lane adjacent to Lot 106, DP 590978; and

2.   Write to the applicant advising that Council does not have any objections to the closure and that the applicant can lodge the road closure application directly to Crown Lands.

 

Director of Engineering and Technical Services' REPORT

Council has received an application from a property owner to close the unformed Council road that runs south off Clubhouse Lane adjacent to Lot 106, DP 590978. This road is not seen as being of benefit to Council and the closure and sale of this road would relieve Council from any potential maintenance within the road reserve. It should be noted that upon closure of the road as per the Roads Act 1993, the road will be vested in the Crown and, as such, the closure and sale of the road will be conducted by Crown Lands. The section of road that is under application for closure is shown in the map below.

 

ITEM 10 - MULLION CREEK PINE TREE REMOVAL

REPORT IN BRIEF

 

Reason For Report

Advising Council that inspections have been carried out and seeking Council approval to proceed with the removal of selected trees.

Policy Implications

Nil

Budget Implications

Funding available in current budget

IPR Linkage

4.3.1.c. Complete annual tree maintenance and hazard removal program

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\ROADS and BRIDGES\MAINTENANCE\STREET TREES - 636566

 

 

Recommendation

 

THAT pine tree removal and replanting be carried out in Miller Street, Mullion Creek as outlined in the report.

 

Urban Assets Coordinator's REPORT

Council has an allocation in its current budget of $20,000 for tree removal in Mullion Creek. The tree locality in question is at the western end of Miller Street. Concern about the condition of the trees was first raised with Council staff by Mullion Creek residents.

The trees are large pine trees around 12 metres high and are in decline as evidenced by sparse foliage and dieback of branches. There are approximately 10 trees that should be removed. They are growing very closely together with sometimes less than 2 metres between them. Competition between the large trees for water and nutrients would have been a contributing factor to their decline.

Pine trees are a feature of the Mullion Creek landscape and the issue of tree removal can be a sensitive one. The purpose of this report is to inform Council of the recommendation to proceed with the tree removal. The trees have been inspected by Council staff. Replanting can occur later at 10m intervals to provide better space for growth and maintain the integrity of the landscape.

 

 

ITEM 11 - FIT FOR THE FUTURE

REPORT IN BRIEF

 

Reason For Report

To provide an update on matters relating to Fit for the Future Local Government Reform.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.1.b. Maintain strong relationships and liaise effectively with all relevant government agencies and other councils

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNMENT RELATIONS\LOCAL AND REGIONAL LIAISON\FIT FOR THE FUTURE - INDEPENDENT LOCAL GOVERNMENT REVIEW PANEL - 641067

 

 

Recommendation

 

THAT the information be noted.

 

General Manager's REPORT

 

This report is to provide an update to Council on the progress of responding to the State Government’s Fit for the Future reform program by 30 June 2015.

 

As per Council resolution of December 2014, Council is currently undertaking 3 bodies of work:

 

1.   Preparation of Template 2 – Stand Alone and Fit for the Future.

 

2.   Completion of a merger business case with Orange City Council.

 

3.   Communication Strategy (community and staff information sessions to be facilitated by Morrison Low).

 

Assistance with completing Template 2 – stand alone as a Fit for the Future Council

 

Morrison Low facilitated a workshop with senior staff on 25 March to start to formulate the plan for Cabonne, develop a skeleton of arguments, identify what data is required to support our position, develop plans to improve performance against the benchmarks etc.

 

Cabonne staff are responsible for preparing the submission with Morrison Low to provide peer review and advice as necessary to assist in completing the response.  

 

The first draft Template 2 response will be provided to the May Council meeting.   The final response must be approved at the June Council meeting for submission to Government by 30 June.

 

Merger Business Case

 

There has been a large amount of work to complete during March/April to complete the merger business case in the required timelines.

 

As reported to the March 2015 Council meeting Cabonne had initially engaged Morrison Low to undertake this work independently of Orange, and by using publicly available information. However, during March, Orange City Council agreed to participate in this exercise on a without prejudice basis and with no compulsion that a formal merger proposal be presented to the state government. The primary purpose of the exercise is to gain transparency around what a merged Cabonne and Orange City Council might look like to enable clarity of debate/discussion about this issue.  

 

As Cabonne had already engaged Morrison Low and, as they were on the preferred provider list of consultants with OLG, Orange agreed to continue with them as consultants. Timeframes were very tight and whilst Cabonne had already met original targets, the timelines had to be pushed back by one week to allow Orange time to provide their data for analysis.

 

The findings of the merger business case were provided to the internal project teams at a separate workshop on 14 April and to Councillors of both councils at individual workshops held on 21 April.

 

Funding support

 

As part of the Fit for the Future package the OLG agreed to fund councils that were jointly completing a merger business case. Subsequently, Council applied and has secured 50% of the funding of the consultancy to complete the merger business case with Cabonne and Orange each paying 25% of the total cost (the funding from OLG was $30k).

 

Community Information Sessions

 

Two information sessions to be facilitated by consultants Morrison Low will be held at Molong Community Hall on Wednesday 13 May 2015, starting at 7pm and Canowindra High School Hall on Thursday 14 May 2015, starting at 7pm.

A newsletter explaining the Fit for the Future process, Council’s proposal and an invitation to the meetings was sent to Cabonne households via an Australia Post unaddressed mail letterbox drop in the week commencing 20 April 2015. 

 

The newsletter addresses:

 

·    the NSW Government’s reform package;

·    what the Independent review panel recommended for Cabonne;

·    Council’s Fit for the Future proposal;

·    what happens next;

·    when and where information sessions will be held; and

·    where residents can find more information and how can they have a say.

 

Individual invitations were also issued to progress associations and other organisations. 

 

Staff Consultations

 

Two information sessions facilitated by Morrison Low will be held for staff at Cudal Hall on Thursday 14 May 2015, starting at 7.30am and Molong Council Chambers, starting at 11am.

 

Council’s Website

 

Information about the Fit for the Future program and an invitation to the community information sessions has been placed on the homepage centrepiece and the featured programs sections of council’s website.  Additional media releases have been placed in the news section.

 

Facebook Page

 

Information on the Fit for the Future program, an invitation to attend the community information sessions and media releases have been posted on council’s Facebook page.

 

Media Releases

 

A joint media statement about the merger business case study was issued on 10 April 2015.  A media release inviting all Cabonne residents and ratepayers to attend the community information sessions was issued on 15 April 2015.

 

Radio Interviews

 

The Mayor was interviewed on ABC Radio’s Morning Show on 14 April 2015 about the merger business case study, community information sessions and Cabonne’s Fit for the Future position.  Grabs from the interview were used in subsequent ABC news bulletins.

 

The Communications and Media Officer was interviewed on 2PK (Parkes) about the community information sessions.

 

ITEM 12 - 2015/16 BUDGET CONSIDERATION

REPORT IN BRIEF

 

Reason For Report

For Council to consider the draft budget.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.5.g. Provide, maintain and develop financial services and systems to accepted standards - satisfying regulatory and customer requirements

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\BUDGETING\CABONNE COUNCIL ANNUAL BUDGET - 642095

 

 

Recommendation

 

THAT Council determine whether to include the items listed as adjustments to the 2015/16 draft budget together with any other submissions received prior to the meeting.

 

Director of Finance and Corporate Services' REPORT

 

Council at its extraordinary meeting held on 21 April 2015 considered the outcomes of papers and a presentation regarding the draft 2015/16 budget and raised a number of items either requiring further information or to be considered for inclusion in the draft budget. These items are as follows:-

 

1.   Further detail in relation to the $75,000 cost for drainage at the Cudal Health Centre;

 

2.   Addition of $100,000 for a feasibility study to paint various buildings in Council villages;

 

3.   $50,000 for a study on asset utilisation;

 

4.   $30,000 for fit-out of the Molong Caravan Park cottage; and

 

5.   $3 million to reduce the roads backlog (subject to outcome of road revaluation).

 

Councillors have been requested to advise of any other items they wish included for further consideration and a list of requests received will be tabled on the day.

 

ITEM 13 - INTEGRATED PLANNING & REPORTING - OPERATIONAL PLAN THIRD QUARTER REVIEW

REPORT IN BRIEF

 

Reason For Report

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

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

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

Annexures

1.  IPR 2014/2015 3rd Quarter updates    

File Number

\OFFICIAL RECORDS LIBRARY\CORPORATE MANAGEMENT\PLANNING\INTEGRATED PLANNING AND REPORTING 2015 - 640161

 

 

Recommendation

 

THAT, subject to any alterations the Council deems necessary at the April Council meeting, the update of the Operational Plan to 31 March 2015, as presented be adopted.

 

Director of Finance and Corporate Services' REPORT

 

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

 

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

 

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

 

In addition to the traffic light indicators included on the last plan, Budgeted and Actual Expenditure figures have been included in this plan to further inform Council. Unfortunately, there are currently insufficient fields available to enable income figures to be included.

 

ITEM 14 - POLICY REGISTER UPDATE - MOBILE PHONES POLICY

REPORT IN BRIEF

 

Reason For Report

For Council to consider adoption of draft policy.

Policy Implications

Yes - adopted policies become Council's policies on these matters

Budget Implications

Nil

IPR Linkage

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

Annexures

1.  draft Mobile Phones Policy     

File Number

\OFFICIAL RECORDS LIBRARY\CORPORATE MANAGEMENT\POLICY\POLICY CORRESPONDENCE - 630902

 

 

Recommendation

 

THAT Council adopt the draft Mobile Phones Policy.

 

Administration Manager's REPORT

 

Mobile Phones policy

Council has an existing Mobile Phones policy.  With the introduction of Smartphones in the workplace it has become necessary to update the policy.  Some administrative updates were also done at this time relating to changes of name within the document: the RTA now RMS and the OH&S legislation now known as WHS.

 

An updated draft copy of the policy is annexed for Council’s consideration.

 

ITEM 15 - REQUESTS FOR DONATIONS

REPORT IN BRIEF

 

Reason For Report

A number of requests for donations have been recieved

Policy Implications

Nil

Budget Implications

Yes

IPR Linkage

4.4.1.c. Provide assistance to community groups

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\COMMUNITY RELATIONS\SPONSORSHIP - DONATIONS\SPONSORSHIP - DONATIONS - 2015 - 640514

 

 

Recommendation

 

THAT Council donate:

 

1.  $275.00 towards the transporting of the BreastScreen van to Canowindra; and

2.  $717.00 to Western Region Academy of Sport (WRAS) in July 2015.

 

Community Services Manager's REPORT

 

Breastscreen NSW will be conducting clinics in Canowindra and Molong in the coming months and has requested assistance in transporting their van from Cowra to Canowindra.

 

Council vehicles are not in a position to assist with this and BreastScreen has received a quote from a private transport company for $275.00 (including GST) to transport the van to Canowindra.

 

BreastScreen NSW provides free screening mammograms for women between the ages of 50 and 74. Their staff are focusing their efforts on encouraging women in rural communities to be screened as an important tool in early identification and treatment of breast cancer. They may approach Council later in the year for further assistance in transporting the van to Molong.

 

The Western Region Academy of Sport is seeking a contribution from Council of $717.00 for 2015/16.

 

The Academy relies on donations from councils to meet costs in providing quality sports development for talented athletes and coaches in the region.

 

Council has made donations towards the Academy of Sport for many years and is requested to contribute 5.238 cents per capita ($717.00) to WRAS this year.

 

Representatives from the Academy are planning to visit all 19 councils in the WRAS catchment and will be contacting Council regarding this in the coming months to arrange a suitable time.

 

Should Council wish to make a donation to BreastScreen, there remains $2,416.00 available in the section 356 budget of $7,000.00 for expenditure in the balance of this financial year. The Western Region Academy of Sport are funded from a separate budget allocation by Council.

 

Donations made so far this financial 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

$   200.00          WIRES

$   250.00          Sponsorship of book by Robert Ellis

$   250.00          Pre2 Student Learning Day

$   200.00          Yeoval Amateur Swimming Club

$   200.00           Youth Off The Streets

$1,000.00           Cancer Care West – Clinical Trials Centre

$   200.00           NAIDOC Week School Initiatives

$   300.00           100 years of women in policing celebrations

$   250.00           Team Canowindra cancer fundraiser

$   200.00           CWA Youth Public Speaking Competition

 

 

ITEM 16 - CANCER CARE WESTERN NSW

REPORT IN BRIEF

 

Reason For Report

Cancer Care Western NSW has invited Councillors to view a presentation at Care West Lodge.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.4.1.c. Provide assistance to community groups

Annexures

1.  Cancer Care Western - Letter of Thanks - Opportunity for Presentation    

File Number

\OFFICIAL RECORDS LIBRARY\COMMUNITY RELATIONS\SPONSORSHIP - DONATIONS\SPONSORSHIP - DONATIONS - 2015 - 641321

 

 

Recommendation

 

THAT Council consider inspecting the facilities at Western Care Lodge on a Saturday.

 

Community Services Manager's REPORT

 

Cancer Care Western NSW have thanked Council for its recent donation and have expressed a wish to address Council at a night time meeting.

 

As an alternative to this they have extended an invitation to inspect the facilities at Western Care Lodge and view a presentation on their clinical trials on the weekend, when it is not in use by residents.

 

The clinical trials are their latest initiative which will enable even more patients to be treated at Orange using cutting edge technology rather than having to travel to metropolitan hospitals.

 

Their representatives will not be available at a time that will suit a Council meeting but their option to inspect the facilities on a Saturday could be a possibility if Councillors wished to view their presentation.

 

 

ITEM 17 - HACC UPDATED POLICIES & PROCEDURES

REPORT IN BRIEF

 

Reason For Report

Approval of HACC policies & procedures

Policy Implications

Yes - updated

Budget Implications

Nil

IPR Linkage

3.2.2.b. Provide HACC services within Cabonne

Annexures

1.  HACC Policies and Procedures Feb 2015    

File Number

\OFFICIAL RECORDS LIBRARY\COMMUNITY SERVICES\SERVICE PROVISION\HOME AND COMMUNITY CARE - NEIGHBOUR AID - 641483

 

 

Recommendation

 

THAT Home and Community Care’s (HACC) updated policies and procedures be adopted by Cabonne Council.

 

Community Services Manager's REPORT

 

HACC’s policies and procedures have been updated with the consultation of Lee Chin, Aged Care and Community Services consultant. The changes made include:

·    Policies and procedures now make reference to the Commonwealth HACC Program Manual, the Home Care Standards and Department of Social Services to reflect the changes in the program’s structure;

·    Each policy and procedure is now linked with the Home Care Standards and expected outcomes they are relevant to;

·    HACC eligibility criteria and target population has been updated to be in line with the Home Care Standards;

·    Service user and volunteer rights and responsibilities have been updated;

·    HACC’s reporting changes to Department of Social Services has been updated;

·    Notification of incident and issues policy and Death of a Service User policy has been updated to be in line with Home Care Standards;

·    Procedure for purchasing equipment or good and services has been updated to be in line with Cabonne Council’s requirements;

·    New policy created for continuous improvement – a large part of the Home Care Standards is how services actively pursue continuous improvement in all aspects of service delivery. Continuous improvement ensures the changing needs of service users are met;

·    New policy created for risk management – to ensure HACC is actively working to identify and address potential risks to ensure safety of staff, volunteers and service users;

·    New policy created for suspected abuse of service users and / or carers – which details guidelines for identifying abuse and clarifying the roles of the service in responding;

·    Procedure for when a service user does not respond to a scheduled visit or service updated.

 

The following templates have also been added to appendix:

·    Service User Assessment form

·    Service User Reassessment form

·    Service User Care Plan

·    Service User Referral form

·    Service User Exit form

·    HACC Corporate Calendar

·    HACC Continuous Improvement Plan

·    HACC Continuous Improvement Log

·    HACC Complaint form

·    Coordinators Advisory Committee Report

·    Advisory Committee Agenda

·    Volunteer Training Feedback form

·    Volunteer Application form

 

ITEM 18 - PROCUREMENT (INCLUDING LOCAL SUPPLIER PREFERENCE) POLICY REVIEW

REPORT IN BRIEF

 

Reason For Report

Request an amendment to thee procurement policy.

Policy Implications

Proposed amendment to policy.

Budget Implications

Nil

IPR Linkage

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

Annexures

1.  Procurement Policy_Updated April 2015_Final    

File Number

\OFFICIAL RECORDS LIBRARY\CORPORATE MANAGEMENT\POLICY\POLICY CORRESPONDENCE - 641174

 

 

Recommendation

 

THAT Council replace its Procurement (incorporating local supplier preference) Policy with the Procurement (incorporating local supplier preference) Policy as annexed to this report.

 

 

Director of Engineering and Technical Services' REPORT

 

Council, at its meeting of 24 February 2015, adopted an updated Procurement (incorporating local supplier preference) Policy. The updated policy was developed as a part of Council’s procurement project which aimed to improve Council’s procurement procedures and framework.

 

The procurement project team has continued with the development of standard documentation, guidelines and procurement process mapping. As part of the process mapping, it was identified that the procurement policy required verbal quotes for lower spend thresholds.

 

In the interest of proper procedure and probity, it is recommended that written quotes be obtained whenever possible rather than verbal quotes. As such, the procurement policy spend threshold requirements are recommended to be changed as follows:

 

Value of Goods and Services (GST Inclusive)

Current Policy Requirements

Proposed Policy Requirements

Up to $30

Seek 1 verbal quote – Payment by Petty Cash

Min.  1 quote – Payment by Petty Cash

Up to $3,000

1 verbal quote

Min.  1 quote

$3,001 to $10,000

3 verbal quotes

Min.  2 quotes

$10,001 to $50,000

3 written quotes

Min.  3 quotes

$50,001 to $149,999

Formal Request for Quotation (RFQ) – treat similar to Tender

Formal Request for Quotation (RFQ) – treat similar to Tender

$150,000 and above

Full Tender process to be followed

Full Tender process to be followed

 

The procurement guidelines will detail how the quotes are to be managed, principally that written quotes are to be obtained unless it is not practicable to do so.

 

All other aspects of the procurement policy remain unchanged. The proposed Procurement (incorporating local supplier preference) Policy is attached to this report.

 

ITEM 19 - TRANSFERRING CROWN ROADS TO COUNCIL ROADS - SOUTH CANOWINDRA

REPORT IN BRIEF

 

Reason For Report

The Crown has requested that Council take over Crown Roads in South Canowidra as they have Council assets built on them.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.5.e. Integrate risk management into all areas of Council's activities

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\ROADS and BRIDGES\ACQUISITION\CROWN ROAD TRANSFERS - 639522

 

 

Recommendation

 

THAT Council:

 

1.  Agree to take over the lanes in South Canowindra that are shown in red on the map contained in the report; and

2.  Authorise the Common Seal to be affixed to the appropriate road transfer document.

 

Director of Engineering and Technical Services' REPORT

 

Council has received a request from the Crown Lands Department to take over the control of several Crown lanes located in South Canowindra. This request has stemmed from a development application that was lodged on parcels of land between Sutton, Newton, Radnor and Lynn Street. As part of the development, the applicant is required to build appropriate drainage and make sewer connections on the road reserves that split this block of land. The Crown is not a construction authority so cannot offer consent to this type of work. In order for construction to occur, the road needs to be transferred to Council. Further investigations on this lane way shows that Council has sewer assets located within the Crown road reserve and as such the Crown have requested that Council take over this road reserve as well as the other lanes in South Canowindra as they house Council assets on Crown owned road reserves.

 

It would seem logical for Council to own the land that its assets are on as this saves Council from needing to seek Crown permission to extend, maintain or otherwise alter any of the sewer networks on these roads. Crown Lands have offered to waive any transfer fees for the transfer of ownership of these roads. Council can take over these roads without being required to maintain these roads. These roads can simply be listed on Council’s Asset Register as Council unmaintained roads. It is noted that some of these lanes have had gravel put on them quite possibly by residents who wished to improve their access to their property and other laneways are simply a grassed laneway. Residents can, if they wish, place more gravel on the roads as has been done in the past and in the cases of the grass laneways it appears as though residents have mostly mown this just as they would mow the road reserve out the front of their house.

 

It should also be noted that the Crown have advised if Council decline to take these roads over the Crown Lands Department may pursue further action to either complete a forced transfer to Council or alternatively could charge Council a lease fee for having assets on the Crown road reserve. The road reserves that it is recommended to be taken over are shown in red on the map below.

 

 

ITEM 20 - BALDRY ROAD UPGRADE PETITION

REPORT IN BRIEF

 

Reason For Report

For Council to be aware of petition

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

1.4.1.a. Construction of local roads

Annexures

1.  Petition from residents at Baldry-Cumnock re upgrade of unsealed section    

File Number

\OFFICIAL RECORDS LIBRARY\ROADS and BRIDGES\MAINTENANCE - RURAL ROADS\BALDRY ROAD - 641236

 

 

Recommendation

 

THAT Council:

 

1.   Note the petition; and

 

2.   Support the submission of Baldry Road under the Heavy Vehicle Productivity Program and Fixing Country Roads Program in the 2015 submission process.

 

Director of Engineering and Technical Services' REPORT

 

Council has received a petition from the residents living on Baldry Road and neighbouring areas regarding the upgrade of Baldry Road to a sealed route. Council notes that of the 11.86km gravel road remaining, 2.2km has been submitted to the 2015/16 budget deliberations for sealing. A strategic estimate values the cost of the entire project at $2.3 million.

 

Council will investigate the submission of sealing Baldry Road under the Heavy Vehicle Safety and Productivity Program and Fixing Country Roads Program in the final quarter of 2015, where it is possible to receive 75% funding from federal and state sources.

 

ITEM 21 - KING STREET MOLONG WATER MAIN EXTENSION: REQUEST FOR ADDITIONAL BUDGET

REPORT IN BRIEF

 

Reason For Report

For Council determination

Policy Implications

There are no policy implications

Budget Implications

An additional $30,000 is required to complete the water main renewal. The funding source is 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\DESIGN AND CONSTRUCTION\WATER MAINS - 641431

 

 

Recommendation

 

THAT:

 

1.   Council approve the additional $30,000 required to complete the water mains extension along King Street and Speedy Street, Molong; and

 

2.   The additional $30,000 to be taken from the Cabonne Water Fund.

 

Operations Manager - Water and Waste's REPORT

 

The King Street water main has been budgeted for renewal in the 2014/2015 financial year. The budgeted amount for the water mains extension was $60,000.  The map below shows the proposed route for the water main renewal which is also the existing water main route. The water main servicing the area does not meet current engineering standards, which leads to frequent water main breaks. Operators have on average had to repair one water main break a month on this stretch of water main. Renewal of this stretch of main is a high priority.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Figure 1 Original Route for the King Street Water Main Renewal

 

Figure 1 above shows the existing route of the water main which services 2 properties which includes the Molong Sewage Treatment Plant. The water main consists of 60mm low pressure rated pipe. The north western end of King Street is very rocky and installation of a water main through that area would be costly and provide little benefit as it by passes other potential water users.

 

The new proposed route is shown in Figure 2 below. It is an improvement over the original route for the following reasons:

 

1.   Greater potential utilisation of the town water with potential to supply to 7 more properties.

2.   There will be less rock encountered going through Speedy Street instead of continuing to the end of King Street. This will provide significant cost savings of approximately $12,500.

3.   Increasing the water main size from 60mm to 110mm will ensure that the level of service in that section of Molong is consistent with other serviced areas within the Molong Water Supply Scheme. It will also enable future developments to be serviced by the Molong town water supply. However, increasing the water mains from 60mm to 110mm would also require the underbored pipe to be increased to 110mm.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Figure 2 New Proposed Route for the King St water main renewal.

 

The new proposed route will include the following additional items:

1.   Renewal of one under bore through the rail way tracks to increase the pipe diameter to 110mm instead of 60mm;

2.   250m of additional water mains;

3.   New under bore across the Mitchell Highway.

Due to the additional works which include 2 under bores, the cost of the water main renewal has increased from $60,000 to $90,000. It is noted that if the water main was replaced on the current alignment along King Street, the current budget would still be insufficient to complete the proposed works.

It is recommended that Council approve the additional $30,000 required to complete these urgent renewal works.

 

ITEM 22 - PLANT REPLACEMENT - TRACK LOADER FOR LANDFILL

REPORT IN BRIEF

 

Reason For Report

Plant replacement track loader for landfill

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.5.d. Improve work health and safety

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\PLANT EQUIPMENT AND STORES\PLANT - EQUIPMENT\PURCHASE - 640592

 

 

Recommendation

 

THAT Council replace 953D Caterpillar Track Loader used at landfill sites in Cabonne LGA as part of the 2015/16 plant replacement program.

 

OPERATIONS MANAGER ROADS & BRIDGES' REPORT

 

Council currently utilises a Caterpillar 953D Track Loader for use at its landfill sites throughout the Cabonne LGA. The machine was purchased in December 2009 in accordance with council’s plant replacement program with a replacement due in 2018.

Initially, the machine was performing to expectations, however during recent times it has commenced to have mechanical and electrical issues that have resulted in extended periods of downtime. As a result of the downtime, and the necessity to maintain councils’ landfill sites, additional costs have been expended hiring an appropriate temporary replacement machine.

The total cost for repairs to date has exceeded $20,000 and the associated problems with it are likely to continue, as the cause has not been identified.

A review of the machine’s operational function in relation to its increased work load has indicated that the machine is under-sized and this has added to its poor performance. These ongoing issues give uncertain reliability of the machine’s operation and the guarantee to deliver the expectations of landfill management in the future.

Although the machine has only effectively reached its half way replacement date, as indicated above, it is considered necessary to replace it within council’s replacement program in 2015/16. The replacement will commence immediately with delivery in 2015/16.

 

ITEM 23 - MARYLEBONE BRIDGE AND APPROACHES

REPORT IN BRIEF

 

Reason For Report

To make available extra funds for extensions of works.

Policy Implications

Nil

Budget Implications

$153,000 from the Capital Works Reserve

IPR Linkage

1.1.4.c. Local road bridge construction undertaken

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\ROADS and BRIDGES\DESIGN AND CONSTRUCTION - BRIDGES\MARYLEBONE BRIDGE - 641143

 

 

Recommendation

 

THAT $153,000 from the Capital Works Reserve be allocated for the provision of Marylebone Bridge and approaches to cover additional expenditure required for the project.

 

OPERATIONS MANAGER ROADS & BRIDGES' REPORT

 

At the commencement of construction of the bridge approaches adjacent to the new Marylebone Bridge replacement project an extensive review of the road design and proposed road furniture was undertaken by the Technical Services section.

It was revealed that several modifications were required for the design to meet sound engineering design practice including adjustment of both the horizontal and vertical alignment, the provision of safety barrier fencing, variations to adjacent property fencing and a major variation of a property access which included internal adjustments to meet the needs of an existing stock yard and holding yards.

The original estimate of cost for the project was $978,000, however after the necessary design and estimate review it was determined that the works would cost $1,131,000 – a shortfall of some $153,000.

It is therefore considered appropriate to allocate an additional $153,000 from the Capital Works Reserve to the Marylebone Bridge and approaches project so that sufficient funds are available to complete the project.

 

ITEM 24 - DEVELOPMENT APPLICATION 2015/07 - PROPOSED DWELLING - LOT 1 DP 512482, BANJO PATERSON WAY, MOLONG

REPORT IN BRIEF

 

Reason For Report

Requiring council decision of planning assessment

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

\Development Applications\DEVELOPMENT APPLICATION\2015\03-2015-0007 - 640360

 

 

Recommendation

 

THAT Development Application 2015/07 for a proposed dwelling upon Lot 1 DP 512482, Banjo Paterson Way, Molong be refused.

 

 

Director of Environmental Services' REPORT

 

ADVISORY NOTES

Record of voting

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

 

Political Disclosures

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

 

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

 

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

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

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

 

Nil planning application disclosures have been received. 

 

Nil public submission disclosures have been received. 

 

 

SUMMARY

 

The following report provides an assessment of the development application submitted for a proposed dwelling upon Lot 1 DP 512482, Banjo Paterson Way, Molong.

 

The application has been referred to the Council for determination as the proposal is inconsistent with the Cabonne LEP 2012.

 

It is recommended that the application be refused.

 

Applicant: W & S Pollock c/- Peter Basha Planning & Development

Owner:      Wayne and Sylvia Pollock

Proposal:  Dwelling

Location:   Lot 1 DP 512482, Banjo Paterson Way, Molong

Zone:         RU1Primary Production    

 

THE PROPOSAL

It is proposed to construct a single storey, four bedroom, brick dwelling upon the 39.7ha subject land. Vehicular access is to be provided off Spring Vale Lane.

 

Site Map

 

1553188

 

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 RU1 Primary Production

Lot size map

Minimum lot size 100ha

Heritage map

Not a heritage item or conservation area

Terrestrial Biodiversity Map

Has biodiversity sensitivity on the subject land (Vegetation on overcleared landscapes)

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 within groundwater vulnerable area

Land reservation acquisition map

NA

 

      These matters are addressed in the report following.

 

Cabonne Local Environmental Plan 2012

The subject land is zoned RU1 Primary Production by the Cabonne Local Environmental Plan 2012.  A dwelling is permissible within this zone, subject to Council’s development consent.

 

Objectives of the RU1 Primary Production zone

The proposal is not contrary to the aims of the LEP or the objectives of the RU1 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 encourage diversity in primary industry enterprises and systems appropriate for the area.

·    To minimise the fragmentation and alienation of resource lands.

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

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

 

 

Part 4 – Principal development Standards

Clause 4.2A Dual occupancies and rural dwellings on land on RU1 zone

 

Development consent must not be granted for the erection of a dual occupancy or dwelling house on land to which this clause applies unless the land:

(a)  is a lot that is at least the minimum lot size shown on the Lot Size Map in relation to that land, or

(b)  is a lot created under this Plan (other than under clause 4.2 (3), or

(c)  is a lot created under an environmental planning instrument before this Plan commenced and on which the erection of a dual occupancy or dwelling house was permissible immediately before that commencement, or

(d)  is a lot resulting from a subdivision for which development consent (or equivalent) was granted before this Plan commenced and on which the erection of a dual occupancy or dwelling house would have been permissible if the plan of subdivision had been registered before that commencement, or

(e)  is an existing holding, or

(f)  would have been a lot or a holding referred to in paragraph (a), (b), (c), (d) or (e) had it not been affected by:

(i)  a minor realignment of its boundaries that did not create an additional lot, or

(ii)  a subdivision creating or widening a public road or public reserve or for another public purpose.

 

The proposal is inconsistent with clause 4.2A as the allotment:

·    Has an area of 39.7ha

·    Was not created under Cabonne LEP 2012

·    Was registered under the Local Government Act 1919 and is not an approved allotment under a deemed environmental planning instrument

·    Is a registered subdivision

·    Is not an existing holding, being only part of a former existing holding as defined by the Cabonne LEP 2012

·    Has not been affected by a minor realignment or road widening

 

The proposal does not satisfy the provisions of clause 4.2A of Cabone LEP 2012. A dwelling is not permissible upon the subject land.

 

Part 5 – Miscellaneous provisions

There are no miscellaneous provisions that apply to the proposed development.

 

Part 6 – Additional local provisions

Clause 6.3 Terrestrial biodiversity

The land is identified as having terrestrial biodiversity (overcleared land). The proposed dwelling site is setback a sufficient distance so as not to cause any adverse impact to terrestrial biodiversity. Furthermore, no trees are required to be removed for the development.

 

Clause 6.8 Essential services

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

a.   The supply of water

b.   The supply of electricity

c.   The disposal and management of sewerage

d.   Stormwater drainage

e.   Suitable vehicle access

 

REGIONAL ENVIRONMENTAL PLANS

 

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

 

 

STATE ENVIRONMENTAL PLANNING POLICIES

 

SEPP 44 - 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.

 

SEPP (Rural Lands) 2008

This SEPP applies to the land. The proposed development complies with the aims and principles of the SEPP and is consistent with Section 10 - Matters to be considered in determining development applications for rural subdivisions or rural dwellings.

 

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)

 

Section 3.3 Building Requirements

3.3.2 Access & Roading

Vehicle access to the dwelling site is proposed from Spring Vale Lane.

 

3.3.3 Setbacks

In the general rural zones dwellings will generally be discouraged from being placed within 20m of any boundary. The proposed development is to be set back a minimum of 50m from the side boundary with the adjacent rural allotment.

 

3.3.4 Septic Tank

New dwellings in the General Rural Zones are to be serviced by an approved septic tank system.

 

3.3.5 Water Supply

All new dwellings are to be serviced with an adequate water supply with storage facilities for domestic supply generally being a minimum 90 000 L for dwellings of three or more bedrooms.

 

3.3.6 Power

Connection to power would be required of the development.

 

3.3.7 Visual Amenity

Council requires dwellings and associated buildings to be constructed of non-reflective surfaces (brick, colorbond steel, timbre etc) and to have an appearance that blends with the landscape. Proposed external construction materials for the dwelling is brick walls and colorbond roof sheeting.

 

3.3.8 Bushfire Protection

The site is identified as bushfire prone land. As per the DCP, new dwellings must provide water storage close at hand for protection purposes.

 

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

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

 

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

 

Context & Setting

While the proposed dwelling is located in an area used primarily for agriculture, the site is in close proximity to Molong. The proposal recognises the use of the land for primary production and the dwelling is sited to minimise impact to surrounding agricultural activities.  There is no likely adverse impact to context and setting as a result of the development proceeding.  

 

Visual amenity

The proposed building is single storey and the design is considered to be complementary to the rural setting of the property. External construction materials are non-reflective.

 

Access and traffic

It is proposed to establish a vehicular entry way off Spring Vale Lane. The average number of vehicle trips from a dwelling is estimated as 9 per day and the additional demand on road infrastructure would be minor.

 

Wastewater

Wastewater disposal would be via the existing on-site septic system.

 

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

 

Physical Attributes and Hazards

 

There are no known hazards that may impact development of the site.

 

DEVELOPMENT CONTRIBUTIONS

 

Road and bushfire contributions would apply to the proposed development.

 

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

 

The proposed development is not advertised development.

 

PUBLIC INTEREST s79C(1)(e)

 

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

 

 

CONCLUSION

The development does not comply with clause 4.2A of the Cabonne LEP 2012. A dwelling is not permissible upon the subject land. It is suggested that council refuse the application as the proposed use is not supported by Clause 4.2A of the LEP.

 

 

ITEM 25 - DEVELOPMENT APPLICATION 2015/08 - PROPOSED DWELLING - LOT 2 DP 512482, BANJO PATERSON WAY, MOLONG

REPORT IN BRIEF

 

Reason For Report

For council determination of planning assessment

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

\Development Applications\DEVELOPMENT APPLICATION\2015\03-2015-0008 - 640361

 

 

Recommendation

 

THAT Development Application 2015/08 for a proposed dwelling upon Lot 2 DP 512482, Banjo Paterson Way, Molong be refused.

 

Director of Environmental Services' REPORT

 

ADVISORY NOTES

Record of voting

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

 

Political Disclosures

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

 

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

 

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

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

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

 

Nil planning application disclosures have been received. 

 

Nil public submission disclosures have been received. 

 

 

SUMMARY

 

 

The following report provides an assessment of the development application submitted for a proposed dwelling upon Lot 2 DP 512482, Banjo Paterson Way, Molong.

 

The application has been referred to the Council for determination as the proposal is inconsistent with the Cabonne LEP 2012.

 

It is recommended that the application be refused.

 

Applicant: W & S Pollock c/- Peter Basha Planning & Development

Owner:      Wayne and Sylvia Pollock

Proposal:  Dwelling

Location:   Lot 2 DP 512482, Banjo Paterson Way, Molong

Zone:         RU1Primary Production    

 

THE PROPOSAL

It is proposed to construct a single storey, four bedroom, brick dwelling upon the 61.61ha subject land. Vehicular access is to be provided off Nyora Lane.

 

Site Map

 

4346862

 

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 RU1 Primary Production

Lot size map

Minimum lot size 100ha

Heritage map

Not a heritage item or conservation area

Terrestrial Biodiversity Map

Has biodiversity sensitivity on the subject land (Vegetation on overcleared landscapes)

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 within groundwater vulnerable area

Land reservation acquisition map

NA

 

      These matters are addressed in the report following.

 

Cabonne Local Environmental Plan 2012

The subject land is zoned RU1 Primary Production by the Cabonne Local Environmental Plan 2012.  A dwelling is permissible within this zone, subject to Council’s development consent.

 

Objectives of the RU1 Primary Production zone

The proposal is not contrary to the aims of the LEP or the objectives of the RU1 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 encourage diversity in primary industry enterprises and systems appropriate for the area.

·    To minimise the fragmentation and alienation of resource lands.

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

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

 

 

Part 4 – Principal development Standards

Clause 4.2A Dual occupancies and rural dwellings on land on RU1 zone

 

Development consent must not be granted for the erection of a dual occupancy or dwelling house on land to which this clause applies unless the land:

(a)  is a lot that is at least the minimum lot size shown on the Lot Size Map in relation to that land, or

(b)  is a lot created under this Plan (other than under clause 4.2 (3), or

(c)  is a lot created under an environmental planning instrument before this Plan commenced and on which the erection of a dual occupancy or dwelling house was permissible immediately before that commencement, or

(d)  is a lot resulting from a subdivision for which development consent (or equivalent) was granted before this Plan commenced and on which the erection of a dual occupancy or dwelling house would have been permissible if the plan of subdivision had been registered before that commencement, or

(e)  is an existing holding, or

(f)  would have been a lot or a holding referred to in paragraph (a), (b), (c), (d) or (e) had it not been affected by:

(i)  a minor realignment of its boundaries that did not create an additional lot, or

(ii)  a subdivision creating or widening a public road or public reserve or for another public purpose.

 

The proposal is inconsistent with clause 4.2A as the allotment:

·    Has an area of 61.6ha

·    Was not created under Cabonne LEP 2012

·    Was registered under the Local Government Act 1919 and is not an approved allotment under a deemed environmental planning instrument

·    Is a registered subdivision

·    Is not an existing holding, being only part of a former existing holding as defined by the Cabonne LEP 2012

·    Has not been affected by a minor realignment or road widening

 

The proposal does not satisfy the provisions of clause 4.2A of Cabone LEP 2012. A dwelling is not permissible upon the subject land.

 

Part 5 – Miscellaneous provisions

There are no miscellaneous provisions that apply to the proposed development.

 

Part 6 – Additional local provisions

Clause 6.3 Terrestrial biodiversity

The land is identified as having terrestrial biodiversity (overcleared land). The proposed dwelling site is setback a sufficient distance so as not to cause any adverse impact to terrestrial biodiversity. Furthermore, no trees are required to be removed for the development.

 

Clause 6.8 Essential services

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

a.   The supply of water

b.   The supply of electricity

c.   The disposal and management of sewerage

d.   Stormwater drainage

e.   Suitable vehicle access

 

REGIONAL ENVIRONMENTAL PLANS

 

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

 

 

STATE ENVIRONMENTAL PLANNING POLICIES

 

SEPP 44 - 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.

 

SEPP (Rural Lands) 2008

This SEPP applies to the land. The proposed development complies with the aims and principles of the SEPP and is consistent with Section 10 - Matters to be considered in determining development applications for rural subdivisions or rural dwellings.

 

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)

 

Section 3.3 Building Requirements

3.3.2 Access & Roading

Vehicle access to the dwelling site is proposed from Nyora Lane.

 

3.3.3 Setbacks

In the general rural zones dwellings will generally be discouraged from being placed within 20m of any boundary. The proposed development is to be set back a minimum of 140m from the side boundary with the adjacent rural allotment.

 

3.3.4 Septic Tank

New dwellings in the General Rural Zones are to be serviced by an approved septic tank system.

 

3.3.5 Water Supply

All new dwellings are to be serviced with an adequate water supply with storage facilities for domestic supply generally being a minimum 90 000 L for dwellings of three or more bedrooms.

 

3.3.6 Power

Connection to power would be required of the development.

 

3.3.7 Visual Amenity

Council requires dwellings and associated buildings to be constructed of non-reflective surfaces (brick, colorbond steel, timbre etc) and to have an appearance that blends with the landscape. Proposed external construction materials for the dwelling is brick walls and colorbond roof sheeting.

 

3.3.8 Bushfire Protection

The site is identified as bushfire prone land. As per the DCP, new dwellings must provide water storage close at hand for protection purposes.

 

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

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

 

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

 

Context & Setting

While the proposed dwelling is located in an area used primarily for agriculture, the site is in close proximity to Molong. The proposal recognises the use of the land for primary production and the dwelling is sited to minimise impact to surrounding agricultural activities.  There is no likely adverse impact to context and setting as a result of the development proceeding.  

 

Visual amenity

The proposed building is single storey and the design is considered to be complementary to the rural setting of the property. External construction materials are non-reflective.

 

Access and traffic

It is proposed to establish a vehicular entry way off Nyora Lane. The average number of vehicle trips from a dwelling is estimated as 9 per day and the additional demand on road infrastructure would be minor.

 

Wastewater

Wastewater disposal would be via an on-site septic system and subject to separate approval.

 

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

 

Physical Attributes and Hazards

 

There are no known hazards that may impact development of the site.

 

DEVELOPMENT CONTRIBUTIONS

 

Road and bushfire contributions would apply to the proposed development.

 

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

 

The proposed development is not advertised development.

 

PUBLIC INTEREST s79C(1)(e)

 

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

 

 

CONCLUSION

The development does not comply with clause 4.2A of the Cabonne LEP 2012. A dwelling is not permissible upon the subject land. It is suggested that council refuse the application as the proposed use is not supported by Clause 4.2A of the LEP.

 

ITEM 26 - DEVELOPMENT APPLICATION 2015/0058 6 LOT SUBDIVISION ON LOT 7 DP 1177075, 29 DAVIS ROAD, SPRING HILL

REPORT IN BRIEF

 

Reason For Report

The development application has been referred to Council for determination as the proposal is inconsistent with the aims and objectives of the LEP and the R5 Large Lot Residential zone objectives.

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\2015\03-2015-0058 - 639561

 

 

Recommendation

 

THAT Development Application 2015/0058 for 6 Lot Subdivision on land described as Lot 7 DP 1177075, 29 Davis Road, Spring Hill be refused as the application is inconsistent with the provisions of Clause 1.2(c)(ii) and (iv) of the CLEP 2012.

 

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 six (6) lot subdivision of land described as Lot 7 DP 1177075, 29 Davis Road, Spring Hill. The land is located in the R5 Large lot residential area adjacent to the village of Spring Hill. This land was formally zoned 1(a) General Rural and was rezoned to 1(c) Rural Small Holdings (rural residential) in 2008. The proposal seeks consent to re-subdivide Lot 7 for an additional five (5) lots; with Lots 1 to 3 having an area of 2ha; and Lots 4-6 having an area of 2.256ha each. Access is to be via Davis Road. All proposed lots would have dwelling permissibility.

 

The application was neighbor notified for a period of 14 days as required by Council’s notification policy for subdivisions. Three (3) submissions were received during the notification period. The main issues raised in the submissions include:-

·    When the land was purchased in this subdivision there was the acknowledgement that the number of lots created would remain the same;

·    The increased number of lots changes the nature of the area;

·    Dust from Davis Road;

·    Upgrades needed to Davis Road;

·    Number of proposed lots should be reduced;

·    Drainage issues; and

·    No information provided relating to covenants for future dwellings including size, height, material.

 

The application has been assessed in accordance with the provisions of the Cabonne Local Environmental Plan 2012 and DCP 6 Rural Small Holdings. The development complies with the numerical development standard for minimum lot size for subdivision for the purposes of Large Lot Residential; however there are identifiable environmental constraints that may potentially impact the proposed subdivision. These include the need to separate effluent management systems and development from existing bores, drainage patterns and impacts on the village of Spring Hill reticulated water supply source. It should be noted that another subdivision application was submitted concurrently to this application that seeks the creation of 3 lots to the south of the subject land. The overall cumulative impact of the two (2) applications together will create an additional 7 lots. The intent of the original rezoning and subsequent subdivision was to limit the number of lots to 22. The character of the area was set by the rezoning and subsequent subdivision. The expectations of landowners who have built in this area is based on a certain amenity and character. These expectations of character and amenity will be significantly altered by any approval of this application.

 

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

 

Applicant: RJ Davis c/o:- Peter Basha Planning & Development

Owner:      RJ Davis

Proposal:  Subdivision – 6 lots

Location:   Lot 7 DP 1177075, 29 Davis Road, Spring Hill

Zone:         R5 Large Lot Residential

It is recommended that the application be refused.

 

 

THE PROPOSAL

It is proposed to seek consent to subdivide the existing land parcel to create a 6 lot subdivision each in excess of the 2ha minimum.

 

Proposed Lot

Area (hectares)

Land Use

1

2ha

Vacant land. Dwelling (via  DA process) within identified dwelling envelope

2

2ha

Vacant land. Dwelling (via  DA process) within identified dwelling envelope

3

2ha

Vacant land. Dwelling (via DA process) within identified dwelling envelope.

4

2.256 ha

Vacant land. Dwelling (via  DA process) within identified dwelling envelope

5

2.256 ha

Vacant land. Dwelling (via  DA process) within identified dwelling envelope

6

2.256 ha

Vacant land. Dwelling (via  DA process) within identified dwelling envelope

Total

12.77 hectares

 

 

Access for the proposed six (6) lots will all be via Davis Road. New access points will be required to be constructed for all lots and to comply with Council’s specifications for the provision of private access.

 

The site is not connected to reticulated water or sewer and as such on site provisions will be required to be provided.

 

Electricity is within the locality and connection to the new lots are at the developers expense.

 

The below diagram shows the proposed lot layout for the proposed subdivision.

 

Site Map

 

 

 

 

 

Site Description

The subject land has an area of approximately 12.77ha. It is rectangular in shape with a 307m frontage to Davis Road forming the western boundary and a 415m frontage to Forest Road forming the northern boundary. The topography of the site is gentle with a slight south easterly aspect. The site has a long history of clearing and grazing and as such is generally cleared of native timber. The predominant vegetation cover is pasture grasses and is generally consistent with the surrounding area.

 

The surrounding development pattern comprises large lot residential properties with associated dwelling to the east, south and south east; and small agricultural properties and associated dwellings to the west, south west, north and north west. The site is in close proximity to the village of Spring Hill to the east and the Orange Airport  to the north.

 

The subject lot (Lot 7 DP 1177075) was created via the subdivision 2008/53 and registered 7 August 2012 as a latter part of the development.

 

Background

The Spring Hill large lot residential area was created when Cabonne LEP 1991 Amendment No.20 (2008) rezoned the property Studleigh from General Rural 1(a) to Zone 1(c) Rural Small Holdings. This was supported by the Basha (2003) Local Environmental Study (2003). The land was originally a dairy and the rezoning was in response to land use conflicts between the dairy and Spring Hill settlement. The 22 lot subdivision was approved as DA 2008/153 (July 2008) and has been developed in two (2) stages, as a result of extensive liaison with Department of Planning and Department of Primary Industries in order to address environmental issues.

 

Initially a DCP was to be prepared to manage development in the Spring Hill large lot residential area. However the amending LEP contained sufficient control to limit subdivision to a maximum of 22 lots (Clause 16). As such the DCP was never adopted.

 

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

 

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

 

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.

     

The proposal is inconsistent with sub-clause (c)(ii) and (vi).  Subclause (c)(ii) identifies the orderly growth of land uses whilst minimizing land use conflicts.     There is a need to understand and recognise the creeping nature of rezoning’s (and subsequent subdivision proposals) and its affect on agriculture by land use conflict and the differing expectations for the character of an area. Existing agricultural practices for the area may be impacted due to the number of additional lots (cumulative) being proposed taking into account environmental, economic and social factors.

 

The subject land is identified as being in the drinking water catchment as well as being identified as groundwater vulnerable. Any proposal that seeks to increase additional lots and subsequent dwellings including on-site effluent management systems may have the potential to adversely impact on the environment of the area.

 

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 R5 Large Lot Residential

Lot size map

Minimum lot size – 2ha

Heritage map

Not a heritage item or conservation area

Terrestrial Biodiversity Map

No biodiversity sensitivity on the subject land

Flood planning map

Not within a flood zone

Natural resource – karst map

Not within a karst area

Drinking water catchment map

Is within a drinking water catchment area

Riparian land and watercourse map, groundwater vulnerability map

Groundwater vulnerable

Land reservation acquisition map

 

 

      These matters are addressed in the report following.

 

Cabonne Local Environmental Plan 2012

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

 

Objectives of the R5 Large Lot Residential zone

 

The zone objectives seek to:-

 

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

 

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

 

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

 

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

 

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

 

Whilst the individual development provides residential housing in a rural setting, the cumulative impact on groundwater and drinking water catchment for the site and the Spring Hill large lot residential area as a whole may be unrealized. These matters were identified in the original Local Environmental Study (LES) as issues limiting further subdivision potential in the area for large lot residential purposes. As such, at this time the number of lots were restricted to 22 lots in total. This application seeks an additional five (5) lots.

Agricultural land is situated to the north and west of the proposed development.   It should be understood and recognised the creeping nature of rezonings (and subsequent subdivision proposals) and its affect on agriculture by land use conflicts and the differing expectations for the character of the area.

Part 2 – Permitted or prohibited development

Clause 2.6 Subdivision – consent requirements

Subdivision is permissible with development consent within the R5 land use table.

 

Part 4 – Principal development Standards

Clause 4.1 Minimum subdivision lot size

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

 

Part 6 – Additional local provisions

Clause 6.4 Groundwater vulnerability

LEP mapping identifies the site and surrounding locality as being groundwater vulnerable moderately high- high. Bore GW48408 is used to provide municipal drinking supplies for Spring Hill and a 250m buffer is recommended around this bore for all effluent management systems.

 

Clause 6.5 Drinking water catchments

The above map indicates that the site is within the water drinking catchment for Spring Hill. Bore GW48408 is used to provide municipal drinking supplies for Spring Hill and whilst reticulated water is not supplied to the large lot residential area any increase in development within the Cabonne LGA may have un-foreseen consequence for the water supply for Spring Hill village.

 

 

 

Clause 6.8 Essential services

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

 

REGIONAL ENVIRONMENTAL PLANS

 

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

 

STATE ENVIRONMENTAL PLANNING POLICIES

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

 

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

 

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

8 Rural Subdivision Principles

The Rural Subdivision Principles are as follows:

(a) the minimisation of rural land fragmentation,

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

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

Agricultural land is immediately to the north (Orange City Council) and to the west. Whilst roads (Davis Rd to the west and Forest Rd to the north) separate the land, it should be noted that existing agricultural practises for the area may be impacted (through environmental, economic and social factors) due to the number of additional lots being proposed.

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

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

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

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

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

Noted

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

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

The subject land is zoned R5 Large Lot Residential

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

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

(b) erection of a dwelling.

The application is for subdivision for the purposes of a residential dwelling.

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

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

The land is currently vacant land and has the ability for a dwelling on the sites current form/lot layout. Surrounding land comprises rural residential lots with dwellings with land to the east and south, agricultural land to the west and small scale agricultural holdings and the Orange Airport to the north. The proposal is to further subdivide this land for an additional five (5) lots that will have the ability for an additional 6 dwellings.

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

There is potential for an increase in land use conflicts with the land to the west that is identified as agricultural land, as the proposal seeks to create an additional five (5) lots from the existing single land parcel.

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

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

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

Whilst the land is zoned for rural residential use (via a re-zoning process) the land to the west of the subject land is agricultural land.

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

No measures have been proposed by the applicant to address any incompatibility of adjoining land uses. Whilst the land will be required to be adequately fenced, adequate landscaping measures may be considered by Council to provide a buffer between the rural residential zone and the agricultural land and between the proposed lots and the existing rural residential lots.

The proposal is generally consistent with the provisions of the SEPP. It should be noted however, that an increase in additional lots may have impacts on agricultural farming practices in the vicinity of the R5 land.

 

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

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

 

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

 

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

 

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

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

 

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

 

Siting /location

The below diagram identifies the subject site; existing dwellings in the immediate surrounding locality; the R5 zone boundary; the boundary for the Village of Spring Hill; and the locality of the Orange Airport.

 

Lot size and shape

The existing lot is rectangular in shape and has an area of approximately 12.77 hectares. The subject land has a 307m frontage to Davis Road (forming the western boundary) and a 415m frontage to Forest Road (forming the northern boundary). The existing lot is regular in shape.

 

The proposed lot layout for the six (6) lots is proposed for three battleaxes blocks and three blocks fronting Davis Road.

 

Agricultural Impact

Agricultural land is situated to the north and west of the proposed development. There is a need to understand and recognise the creeping nature of rezoning’s (and subsequent subdivision proposals) and its affect on agriculture by land use conflict and the differing expectations for the character of an area. Existing agricultural practices for the area may be impacted due to the number of additional lots (cumulative) being proposed taking into account environmental, economic and social factors.

 

Visual amenity

Currently the subject land is vacant land that is used for minor grazing purposes. The proposal will allow for the construction of six (6) additional dwellings and associated structures. Due to the size of the proposed lots landscaping buffers should be undertaken along boundaries to assist in visual screening from adjoining lots. Some landscaping along the Davis Road boundary that was required for the original subdivision has been removed and as such there would be an added requirement for this landscaping to be re-instated and maintained.

 

Setbacks

Setbacks for proposed Lots 1, 2 and 3 (building envelopes) will be 100m from the Davis Road boundary; with side and rear boundaries having a setback of 20m. Proposed Lots 5 and 6 will have identified building envelopes with 20m setbacks from the north, south and western boundaries; Lot 5 will have a setback in excess of 80m from the eastern boundary with proposed Lot 6 having a setback a minimum of 40m from the existing watercourse (and between 90m  and 130m) to the eastern boundary. Proposed Lot 2 will have a setback of 20m from the western boundary; 20m from the southern boundary; 80m from the eastern boundary (at its closest point); and in excess of 40m from the Forest Road boundary and the proposed building envelope (at its closest point).

 

Proposed setbacks are considered to be satisfactory.

 

Access and traffic

Access for the proposed subdivision will be via Davis Road. Davis Road is a gravel local road under Council control that extends along the western boundary of the proposed subdivision.

 

New access points will be required to be constructed for all lots. Lots 1, 2 & 3 will have access directly from Davis Road; and Lots 4, 5 & 6 are all battleaxe blocks with access also from Davis Road. Access points will be required to meet Council’s engineering specifications for private access.

 

Additional traffic generation will result from the proposal. The proposed development will create five (5) additional lots and the potential for six (6) new dwellings. Section 3.3.1 of the RTA’s Guide to Generating Development estimates that the average dwelling house generates approximately 9.0 vehicle movements per day. Given that the proposal will allow for the construction of up to six (6) additional dwellings, the development could result in the generation of up to 54 additional movements on Davis Road. Road contributions are applied to the proposal to allow for road upgrades.

 

Cumulative Impact

The overall cumulative impact of the two (2) developments applications that have been submitted simultaneously will create an additional 7 lots to the R5 Large Lot Residential area. The original subdivision created a maximum of 22 lots and the intent of the re-zoning was to limit the number of lots due to the areas environmental constraints.

 

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

 

Physical Attributes and Hazards

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

 

DEVELOPMENT CONTRIBUTIONS

 

Council’s Bushfire Services Contributions Plan and Road Contributions Plans apply to this development.

 

The contributions apply to the five (5) proposed new lots with an exemption applying for the existing lot that has already paid contributions via subdivision approval 2008/153.

 

Road calculations have been calculated at 5 x $2,946.80 (Zone 1c – R5) = $14,734.00; with $14,734.00 to Davis Road (5273).

 

Bushfire Contributions calculations are 5 x $374.10 (low category) for each new lot to be created.

 

 

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

 

The proposed development is not advertised development; however the development is required to be neighbour notified for a period of 14 days as per Council policy. Three (3) submissions were received by the close of the exhibition phase.  Issues raised in the submission(s) are addressed as follows:

 

 

Submission Number

Issues Raised

Comment

1

Land was purchased in this subdivision with the acknowledgement that the number of lots could not increase

 

 

 

Outdoor activities of children should not be limited by the proposed placement of dwellings

 

Land has drainage issues and this would be worse with an increase of an additional 5 houses

 

Number of proposed lots should be reduced

The intent of the rezoning was to not allow further development of the land.

Lot 7 has previously been identified as requiring the minimum area of 12.7ha

 

 

Noted

 

 

 

 

Noted

 

 

 

 

Noted. The application seeks to seek consent for 6 lots based on a numerical value being a minimum lot size standard. This does not mean the numerical value is the only factor in considering whether the proposal is appropriate. Lot 7 has previously been identified as requiring the minimum area of 12.7ha

2

The site plan indicates a dwelling on our land – this is only a farm shed at this stage

 

Horses and impact of additional lots – wish to double fence along our northern boundary and a vegetation buffer

 

Will Davis Road be sealed or upgraded

 

 

 

 

 

Dust generation

 

Noted

 

 

 

 

Noted

 

 

 

 

 

S94 road contributions apply to the development. Engineering (works) would determine whether the road would be sealed or upgraded

 

Noted

3

Land was purchased in this subdivision with the acknowledgement that the number of lots could not increase

 

 

 

 

 

 

 

 

 

 

 

Council should consider limiting the number of new lots to be created (from 6 to 3)

 

 

 

 

 

 

Remove or cap the well on existing lot 7

 

 

Councils silence on covenants in relation to size, construction materials, colour, height for future dwellings

Land was purchased in 2012. At that time LEP in place was CLEP 1991 that restricted the number of lots in the subdivision. The intent of the rezoning was to not allow further development of the land. The expectations of landowners who have built based on a certain character and amenity of the area.

 

 

 

Noted. The numerical value of minimum lot size is not the only factor in considering this development. 79C Matters for consideration allows for the economic, social and environmental impacts to be explored.

 

The application indicates the well on existing Lot 7 will be removed

 

The application for determination is for subdivision (ie the division of land only). This application does not deal with any aspects relating to the construction of dwellings. Despite this, it should also be noted that  covenants are usually put in place by a developer for aspects relating to building materials, colour, minimum floor space etc in order for the developers to attract a particular  style or buyer.

It should be noted that Council is not responsible for the implementation and management of a developers covenant.

 

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 subdivision of land is permissible with the consent of Council under the provisions of the LEP. The development complies with the numerical development standard for minimum lot size for subdivision for the purposes of Large Lot Residential; however there are identifiable environmental constraints that have the potential to adversely impact upon the area. These include the need to separate effluent management systems and development from existing bores, drainage patterns and impacts on the village of Spring Hill reticulated water supply source. The surrounding locality of agricultural land should also be recognised for its economic value. The impact of the increasing scale of additional lots along Davis Road has the potential to impact upon existing agricultural practises.

 

Council should consider all of these matters in determining this application as the determination will have implications for the remainder of the R5 zoned land. It should also be noted that another subdivision application was submitted concurrently to this application that seeks the creation of three (3) lots to the south of the subject land (along Strachan Road). The overall cumulative impact of the two (2) applications will create an additional seven (7) lots. The intent of the original re-zoning and subsequent subdivision was to limit the total number of lots to 22. The character of the area was set by the rezoning and subsequent subdivision. The expectations of landowners who have built in this area is based on a certain amenity and character. These expectations of character and amenity will be significantly altered by any approval of this application. A section 79C assessment of the development has been undertaken indicates that the development in its current form is not acceptable and the application be refused.

 

ITEM 27 - DEVELOPMENT APPLICATION 2015/0057 3 LOT SUBDIVISION ON LOT 23 DP 1131133, 58 STRACHAN ROAD, SPRING HILL

REPORT IN BRIEF

 

Reason For Report

The application has been referred to Council for determination as the proposal is inconsistent with the aims and objectives of the LEP and the R5 Large Lot Residential zone objectives

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\2015\03-2015-0057 - 639563

 

 

Recommendation

 

THAT Development Application 2015/0057 for 3 Lot Subdivision on land described as Lot 23 DP 1131133, 58 Strachan Road, Spring Hill be refused as the application is inconsistent with the provisions of Clause 1.2(c)(ii) and (iv) of the CLEP 2012

 

 

Senior Town Planner's REPORT

 

ADVISORY NOTES

Record of voting

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

 

Political Disclosures

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

 

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

 

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

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

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

 

Nil planning application disclosures have been received. 

 

Nil public submission disclosures have been received. 

 

SUMMARY

 

The following report provides an assessment of the development application submitted for a three (3) lot subdivision of land described as Lot 23 DP 1131133, 58 Strachan Road, Spring Hill. The land is located in the R5 Large lot residential area adjacent to the village of Spring Hill. This land was formally zoned 1(a) General Rural and was rezoned to 1(c) Rural Small Holdings (rural residential) in 2008. The proposal seeks consent to re-subdivide Lot 23 for an additional two (2) lots; Lot 1 having an area of 3.347ha with a future dwelling; Lot 2 having an area of 3.348ha  containing an existing dwelling; and Lot 3 having an area of 2.145ha with a future dwelling. Access to proposed Lot 1 will be via Davis Road; an existing access point off Strachan Rd for proposed Lot 2 and proposed Lot 3 will also access off Strachan Road. All proposed lots would have dwelling permissibility.

 

The application was neighbor notified for a period of 14 days as required by Council’s notification policy for subdivisions. Two (2) submissions were received during the notification period. The main issued raised in the submissions include:-

·    When the land was purchased in this subdivision there was the acknowledgement that the number of lots created would remain the same;

·    Land has drainage issues;

·    Outdoor activities of children should not be limited by the proposed placement of dwellings;

·    Proximity of effluent disposal envelope to boundary of existing Lot 5 (immediately to the north of the subject land) and proximity of the dam catchment on Lot 5;

·    No effluent area for Proposed Lot 3

 

The application has been assessed in accordance with the provisions of the Cabonne Local Environmental Plan 2012 and DCP 6 Rural Small Holdings. The development complies with the numerical development standard for minimum lot size for subdivision for the purposes of Large Lot Residential; however there are identifiable environmental constraints that may potentially impact the proposed subdivision. These include the need to separate effluent management systems and development from existing bores, drainage patterns and impacts on the village of Spring Hill reticulated water supply source. It should be noted that another subdivision application was submitted concurrently to this application that seeks the creation of 6 lots to the north of the subject land. The overall cumulative impact of the two (2) applications together will create an additional seven (7) lots. The intent of the original rezoning and subsequent subdivision was to limit the number of lots to 22. The character of the area was set by the rezoning and subsequent subdivision. The expectations of landowners who have built in this area is based on a certain amenity and character. These expectations of character and amenity will be significantly altered by any approval of this application.

 

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

 

Applicant: Jeff & Linda Burton c/o:- Peter Basha Planning & Development

Owner:      JE & LR Burton

Proposal:  Subdivision – 3 lots

Location:   Lot 23 DP 1131133, 58 Strachan Road, Spring Hill

Zone:         R5 Large Lot Residential

 

It is recommended that the application be refused.

 

THE PROPOSAL

It is proposed to seek consent to subdivide the existing land parcel to create a 3 lot subdivision each in excess of the 2ha minimum.

 

Proposed Lot

Area (hectares)

Land Use

1

3.347

Vacant land. Dwelling (via  DA process) within identified dwelling envelope

2

3.348

Existing dwelling

3

2.145

Vacant land. Dwelling (via DA process) within identified dwelling envelope.

Total

8.84 hectares

 

 

Access for Proposed Lot 1 will be via Davis Road; Proposed Lot 2 is via an existing access point off Strachan Road and Proposed Lot 3 will have access via Strachan Road. New access points will be required to be constructed for proposed Lots 1 & 3.

 

The site is not connected to reticulated water or sewer and as such on site provisions will be required to be provided.

 

Electricity is within the locality and connection to the new lots are at the developers expense.

 

The below diagram shows the proposed lot layout for the proposed subdivision.

 

 

 

Site Map

 

3593367

 

6337579

 

 

Site Description

The subject land has an area of approximately 8.84ha. It is rectangular in shape with a 226m frontage to Davis Road forming the western boundary and a 390m frontage to Strachan Road forming the southern boundary. The topography of the site is gentle with a slight northerly aspect. The site has a long history of clearing and grazing and as such is generally cleared of native timber. The predominant vegetation cover is pasture grasses and is generally consistent with the surrounding area.

 

The surrounding development pattern comprises large lot residential properties with associated dwelling to the north, east and south east; and small agricultural properties and associated dwellings to the south and west. The site is in close proximity to the village of Spring Hill to the east and the Orange Airport  to the north west.

 

The subject lot (Lot 23 DP 1131133) was created via the subdivision 2008/53 and registered 23 April 2009 as a part of Stage 1 of the development.

 

Background

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

 

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

 

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

 

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

 

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.

 

      The proposal is inconsistent with sub-clause (c)(ii) and (iv). Sub-clause (c)(ii) identifies the orderly growth of land uses whilst minimising land use conflicts. There is a need to understand and recognize the creeping nature of rezoning’s (and subsequent subdivision proposals) and its affect on agriculture by land use conflict and the differing expectations for the character of an area. Existing agricultural practices for the area may be adversely impacted due to additional lots (cumulative) being proposed taking into account environmental, economic and social factors.

 

      Sub-clause (c)(vi) requires the minimization of adverse impacts on drinking water catchments and to protect and enhance water availability. The subject land is identified as being in the drinking water catchment in addition to being identified as groundwater vulnerable. Any application that seeks to increase additional lots and subsequent dwellings including on-site effluent management systems may have the potential to adversely impact on the environment of the area.

 

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 R5 Large Lot Residential

Lot size map

Minimum lot size – 2ha

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

 

Objectives of the R5 Large Lot Residential zone

The zone objectives seek to:-

 

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

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

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

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

 

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

 

Whilst the individual development provides residential housing in a rural setting, the cumulative impact on groundwater and drinking water catchment for the site and the Spring Hill large lot residential area as a whole may be unrealized. These matters were identified in the original Local Environmental Study (LES) as issues limiting further subdivision potential in the area for large lot residential purposes. As such, at this time the number of lots was restricted to 22 lots in total. This application seeks an additional two (2) lots.

 

Agricultural land is situated immediately to the south and west of the proposed development.   It should be understood and recognised the creeping nature of re-zonings (and subsequent subdivision proposals) and its affect on agriculture by land use conflicts and the differing expectations for the character of the area.

 

Part 2 – Permitted or prohibited development

Clause 2.6 Subdivision – consent requirements

Subdivision is permissible with development consent within the R5 land use table.

 

Part 4 – Principal development Standards

Clause 4.1 Minimum subdivision lot size

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

 

Part 6 – Additional local provisions

Clause 6.3 Terrestrial biodiversity

Apple Box - Yellow Box - Mountain Gum open-woodland on flats and low hills of the central tablelands is identified in a small cluster on the south western corner of the site (see below map). The proposed development will not have any adverse impact on this identifiable biodiversity.

 

8761284

 

 

Clause 6.4 Groundwater vulnerability

LEP mapping identifies the site and surrounding locality as being groundwater vulnerable moderately high- high. Bore GW48408 is used to provide municipal drinking supplies for Spring Hill and a 250m buffer is recommended around this bore for all effluent management systems.

 

9933655

 

 

Clause 6.5 Drinking water catchments

The above map indicates that the site is within the water drinking catchment for Spring Hill. Bore GW48408 is used to provide municipal drinking supplies for Spring Hill and whilst reticulated water is not supplied to the large lot residential area any increase in development within the Cabonne LGA may have un-foreseen consequence for the water supply for Spring Hill village.

 

4567740

 

 

Clause 6.8 Essential services

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

 

REGIONAL ENVIRONMENTAL PLANS

 

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

 

STATE ENVIRONMENTAL PLANNING POLICIES

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

 

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

 

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

8 Rural Subdivision Principles

The Rural Subdivision Principles are as follows:

(a) the minimisation of rural land fragmentation,

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

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

Agricultural land is immediately to the west and the south of the subject land. Whilst roads (Davis Rd to the west and Strachan Rd to the south) separate the land, it should be noted that existing agricultural practices for the area may be impacted (through environmental, economic and social factors) due to the number of additional lots being proposed.

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

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

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

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

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

Noted

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

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

The subject land is zoned R5 Large Lot Residential

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

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

(b) erection of a dwelling.

The application is for subdivision for the purposes of a residential dwelling.

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

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

The land currently contains an existing dwelling. Surrounding land (north and east) comprises rural residential lots with dwellings and land to the west and south is zoned RU1 Primary Production. The proposal is to further subdivide this land for an additional two (2) lots that will have the ability for a subsequent dwelling.

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

There is potential for an increase in land use conflicts with the land to the west and south that is identified as agricultural land, as the proposal seeks to create an additional tow (2) lots from the existing single land parcel.

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

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

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

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

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

No measures have been proposed by the applicant to address any incompatibility of adjoining land uses. Whilst the land will be required to be adequately fenced, adequate landscaping measures may be considered by Council to provide a buffer between the rural residential zone and the agricultural land.

The proposal is generally consistent with the provisions of the SEPP. It should be noted however, that an increase in additional lots may have impacts on agricultural farming practices in the vicinity of the R5 land.

 

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

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

 

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

 

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

 

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

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

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

 

Siting /location

The below diagram identifies the subject site; existing dwellings; the R5 zone boundary; the boundary for the Village of Spring Hill; and the locality of the Orange Airport.

 

 

 

 

Lot size and shape

The existing lot is rectangular in shape with a 226m frontage to Davis Road (forming the western boundary) and a 390m frontage to Strachan Road (forming the southern boundary). The existing lot is regular in shape.

 

The proposed lot layout for the three (3) lots is not regular in shape. No explanation has been submitted as to why the lot layout has been designed in an irregular way. It does not appear to follow existing topographical features or existing fence lines. 

 

Agricultural Impact

Agricultural land is situated to the west and the south of the proposed development. There is a need to understand and recognize the creeping nature of rezoning’s (and subsequent subdivision proposals) and its affect on agriculture by land use conflict and the differing expectations for the character of an area. Existing agricultural practices for the area may be impacted due to the number of additional lots (cumulative) being proposed whilst taking into account environmental, economic and social factors.

 

Visual amenity

Currently the subject land contains an existing dwelling with the remainder of the site remaining for grazing or hobby farm enterprises. The proposal will allow for the construction of two (2) additional dwellings and associated structures.

 

Setbacks

Proposed Lot 1 will have a setback of 80m from Davis Road and 30m from the northern and eastern boundaries.

 

Proposed Lot 2 contains the existing dwelling and has a setback of approximately 30m from Strachan Road.

 

Proposed Lot 3 has a setback in excess of 170m from Strachan Road; approximately 20m from the northern boundary; 50m from the western boundary and 50m from the eastern boundary.

 

Proposed setbacks are considered to be satisfactory.

 

Access and traffic

Access for Proposed Lot 1 will be via Davis Road; Proposed Lot 2 is via an existing access point off Strachan Road and Proposed Lot 3 will have access via Strachan Road. New access points will be required to be constructed for proposed Lots 1 & 3 to meet Council’s engineering specifications for private access.

 

Additional traffic generation will result from the proposal. The proposed development will create two (2) additional lots and the potential for two (2) new dwellings. Section 3.3.1 of the RTA’s Guide to Generating Development estimates that the average dwelling house generates approximately 9.0 vehicle movements per day. Given that the proposal will allow for the construction of up to two (2) additional dwellings, the development could result in the generation of up to 18 additional movements on Strachan Road. Road contributions are applied to the proposal to allow for road upgrades.

 

Cumulative Impact

The overall cumulative impact of the two (2) developments applications that have been submitted simultaneously will create an additional 7 lots to the R5 Large Lot Residential area. The original subdivision created a maximum of 22 lots and the intent of the re-zoning was to limit the number of lots due to the areas environmental constraints.

 

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

 

Physical Attributes and Hazards

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

 

DEVELOPMENT CONTRIBUTIONS

 

Council’s Bushfire Services Contributions Plan and Road Contributions Plans apply to this development.

 

The contributions apply to the two (2) proposed new lots with an exemption applying for the lot with the existing dwelling.

 

Road calculations have been calculated at 2 x $2,946.80 (Zone 1c – R5) = $5,893.60; with $2,946.80 to Strachan Road (5271) and $2,946.80 to Davis Road (5273).

 

Bushfire Contributions calculations are 2 x $374.10 (low category) for each new lot to be created.

 

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

 

The proposed development is not advertised development; however the development is required to be neighbour notified for a period of 14 days as per Council policy. Two submissions were received by the close of the exhibition phase.  Issues raised in the submission(s) are addressed as follows:

 

 

Submission Number

Issues Raised

Comment

1.

Land was purchased in this subdivision with the acknowledgement that the number of lots could not increase

 

 

 

Outdoor activities of children should not be limited by the proposed placement of dwellings

 

Land has drainage issues

The intent of the rezoning was to not allow further development of the land which was based on land characteristics and not an absolute numerical value.

 

 

Noted.

 

 

 

 

Noted

 

2.

Dam on Lot 5 is not identified on any of the documentation

 

 

 

Pollutants and contaminants of dam on Lot 5 and the proximity of the building envelope on proposed Lot 1 to the boundary fence being 10m and only 30m from the dam catchment path on Lot 5

 

 

 

Proposed Lot 3 does not show effluent disposal area

Noted. The documentation has been provided by the applicant and not Council. Aerial imagery may not be updated on a regular basis

 

On site effluent management study has been provided for Proposed Lot 1 indicating that the effluent can be maintained within the indicated effluent disposal area. All effluent must be contained within the lot boundaries.

 

No area shown on site plan; however On site effluent study has been provided for Proposed Lot 3 indicating an area for disposal. The area nominated is contained within the proposed lot boundaries.

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 subdivision of land is permissible with the consent of Council under the provisions of the LEP. The development complies with the numerical development standard for minimum lot size for subdivision for the purposes of Large Lot Residential; however there are identifiable environmental constraints that have the potential to adversely impact upon the area. These include the need to separate effluent management systems and development from existing bores, drainage patterns and impacts on the village of Spring Hill reticulated water supply source. The surrounding locality of agricultural land (to the west and south) should also be recognised for its economic value. The impact of the increasing scale of additional lots (cumulative) along Davis Rd and Strachan Road has the potential to impact upon existing agricultural practices.

 

Council should consider all of these matters in determining this application as the determination will have implications for the remainder of the R5 zoned land. It should also be noted that another subdivision application was submitted concurrently to this application that seeks the creation of six (6) lots to the north of the subject land (on the corner of Davis and Forest Road). The overall cumulative impact of the two (2) applications will create an additional seven (7) lots. The intent of the original re-zoning and subsequent subdivision was to limit the total number of lots to 22. The character of the area was set by the rezoning and subsequent subdivision. The expectations of landowners who have built in this area is based on a certain amenity and character. These expectations of amenity and character will be significantly altered by any approval of this application. A section 79C assessment of the development has been undertaken and indicates that the development in its current form is not acceptable and the application be refused.

 

 

ITEM 28 - DEVELOPMENT APPLICATION 2004/39/2 MODIFICATION TO DEVELOPMENT UPON LOTS 5 & 6 SECTION 60 DP 758693, ICEWORKS LANE, MOLONG

REPORT IN BRIEF

 

Reason For Report

For Determination

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.3.a. Provide efficient and effective development assessment

Annexures

1.  2004 39 2 Modification Conditions of Consent    

File Number

\Development Applications\DEVELOPMENT APPLICATION\2004\03-2004-0039 - 638013

 

 

Recommendation

 

THAT Development Application 2004/39/2 for storage, metal fabrication business and verandah upon Lots 5 & 6 Section 60 DP 758693, Iceworks Lane, Molong, 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 modification application 2004/39/2 submitted for a Storage, metal fabrication business and verandah upon Lot 5 Section 60 DP 758693 Iceworks Lane, Molong.

 

The modification application has been referred to the Council for determination as the Development Application was determined at a Council meeting held on Monday 15 November, 2004.  

 

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

 

Applicant: Jason John & Toni Maree Huggett

Owner:      JJ & TM Huggett

Proposal:  Storage, metal fabrication business and verandah

Location:   Lot 5 Section 60 DP 758693

Zone:         R1 General Residential (Cabonne LEP 2012) or 2v Village (Cabonne LEP 1991)

 

The PROPOSAL

It is proposed to modify development consent (DA 2004/39) for Storage, metal fabrication business and verandah upon Lots 5 & 6 Section 60 DP 758693 Iceworks Lane, Molong. In the modification application it is proposed no industrial activities shall take place at the site and the shed (existing) shall be used for private storage purposes only.

 

The proponent seeks the following changes to the conditions of consent for DA 2004/39:-

 

Condition 27 Industrial Activity this condition applies to the industrial activity approved via the original development application and should be deleted from the conditions of consent.

 

Condition 28 Provision of Access (RTA Requirements) this condition applies to the proposed access via Watson St (Mitchell Hwy). Due to the downscaling of the development the proponent will not be constructing the access to Watson St. This condition should be deleted from the conditions of consent. 

 

Condition 29 Provision of Private Access (Egress) Iceworks Lane. Access via Iceworks Lane will no longer be required to be upgraded for the development and the proponent currently accesses the site via the lane. Council’s Development Engineer has inspected the site and the existing access is sufficient for private use. As such, the proponent is no longer required to comply with provisions of private access specifications and the condition may be removed from the development consent.

 

Condition 30 Ingress/Egress. Due to operational changes (downscaling) entry to the site via Watson St is no longer required and this access will not be constructed by the proponent. The condition for ingress/egress may be deleted from the conditions of consent.

 

Condition 32 Outdoor Storage. The industrial component of the development is to be removed and, as such the condition for outdoor storage of goods, materials or trade waste may be deleted from the conditions of consent.

 

Site Map

 

MATTERS FOR CONSIDERATION

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

 

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

 

Cabonne Local Environmental Plan 1991 (Amended)

The subject land is zoned 2(v) Village by the Cabonne Local Environmental Plan 1991.  A storage shed is permissible within this zone, subject to Council’s development consent.

 

Objectives of the 2(v) zone

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

 

REGIONAL ENVIRONMENTAL PLANS

 

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

 

 

STATE ENVIRONMENTAL PLANNING POLICIES

 

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

 

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

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

 

 

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

 

No Development Control Plans apply to this land.

 

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

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

 

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

 

Context & Setting

The proponent is downscaling development of the site by removing the industrial component of the application. The premises contains an existing shed (approved via DA 2004/39) which is to be utilised for private use only. By removing the industrial component of the development it is deemed the impact from the development shall be significantly lessened. 

 

Visual amenity

No change from previous assessment of visual amenity.

 

Access & traffic

Any impact in terms of access and traffic will be significantly lessened by the proposed modification. The modification application was referred to the RMS who have noted, in correspondence dated 24/3/2015, that as the modification includes removal of the access to the Mitchell Hwy, Roads and Maritime makes no submission. There are no additional requirements for access and traffic.

 

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.

 

 

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 modification is permissible with the consent of Council. The development complies with the relevant aims, objectives and provisions of the LEP.  A section 96(1A) assessment of the development indicates that the 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 29 - SPRING HILL LARGE LOT RESIDENTIAL ZONE

REPORT IN BRIEF

 

Reason For Report

To obtain council approval to prepare a planning proposal

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.3.a. Provide efficient and effective development assessment

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\LAND USE AND PLANNING\ZONING\REZONING APPLICATIONS - 640058

 

 

Recommendation

 

THAT council prepare a Planning Proposal, and 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 implement a lot yield maximum of 23 lots to the R5 land located west of the village of Spring Hill, and to implement a clause within the shire wide LEP to address boundary adjustments.

 

Director of Environmental Services' REPORT

 

The Cabonne Local Environmental Plan (CLEP) 1991(as amended) was replaced in January 2012 by the Standard Instrument Cabonne Local Environmental Plan 2012. The latter plan, following NSW State Government guidelines, standardised the format and contents of the Cabonne planning code. In doing so the new LEP removed the previous local provisions from the planning process.

 

Subdivision character / lot yield

Prior to the implementation of CLEP 2012 the area of land west of the Spring Hill village was zoned as rural residential with a specific restriction imposed limiting the  creation of allotments within the precinct to 22 lots based upon the environmental constraints of the area.

 

The area was subdivided in accordance with the LEP and the Environmental Impact Study that had informed the rezoning process at that time. Land owners purchased their land aware of the limitations for further development and that no further subdivision would occur. The allotments have since been developed in accordance with the CLEP 1991 provisions and a certain character established for the area.

 

In the zone conversion applying to CLEP 2012 the Spring Hill land was zoned R5 Large Lot residential. A standard minimum lot size of 2ha was applied. 

 

Council has received applications from several land owners now seeking to re-subdivide allotments in the subdivision, based upon the numerical criteria of the current LEP’s minimum lot size map. There has been no change to the environmental constraints to the land that triggered the initial lot yield maximum. Hence the environmental considerations that applied to the land at initial rezoning and subsequent subdivision remain valid concerns.

 

Having now had opportunity to test the standard instrument LEPs, and consequent to local government feedback, the Department of Planning has been approachable to the submission of planning proposals that seek to amend the standard instrument LEPs provisions on case specific matters.

 

Likewise the department is receptive to considering amending LEPs to include provisions that establish an averaging clause – being legal wording included in an LEP that establishes a set lot yield for a prescribed area.

 

It is suggested that council prepare a planning proposal for submission to the Department of Planning through its Gateway Process to amend the CLEP 2012 to reflect an averaging clause applicable to the Spring Hill R5 zone to protect the existing development character by restricting further subdivision or re-subdivision of the precinct.

 

Preliminary discussions with the Department of Planning indicate its support for the proposed planning amendment to address the character of the developing precinct, and to enable sound management of environmental constraints impacting upon the land.

 

Boundary adjustments

The Rural Lands State Environmental Planning Policy (SEPP) 2008 removed concessional allotment provisions from all NSW planning schemes. The introduction of the standard instrument Local Environmental Plan model has further altered previous local planning provisions. As a result council is noting emerging trends in development enquiries, with land owners seeking innovative ways to vary rural allotment size and shape. The most common enquiry relates to undertaking boundary adjustments using a State Planning Policy (Rural Lands SEPP principle and Exempt and Complying provisions).

 

Basically a boundary adjustment relates to minor adjustments between two or more rural lots. Enquires however more recently looking at boundary adjustments to undertake subdivisions that are otherwise not permissible ie adjusting two rural allotments to create a lifestyle lot around an existing dwelling. A boundary adjustment should not be used to endeavour to create land title that otherwise is not permissible.

 

The Department of Planning has development sample clauses that provide greater direction as to the role and function of a boundary adjustment. It is suggested that council consider amending the LEP to introduce a specific clause addressing boundary adjustments. This amendment will have the benefit of providing greater clarity for all parties, and enhance to the council measures to manage development and subdivision for rural lands.

 

 

ITEM 30 - 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.g. Code of Meeting Practice adhered to

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\NOTICES - MEETINGS - 637168

 

 

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 31 - 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 - 637169

 

 

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 its Business Paper, Councillors wishing to discuss any item are requested to call that item.

 

 

ITEM 32 - 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\NOTICES - MEETINGS - 637170

 

 

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 item enables councillors to raise any item that meets this definition.

 

 

ITEM 33 - 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.g. Code of Meeting Practice adhered to

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\PROCEDURES - 637171

 

 

Recommendation

 

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

 

Director of Finance and Corporate Services' REPORT

 

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

 

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

   


Item 7 Ordinary Meeting 28 April 2015

Item 7 - Annexure 1

 

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Item 7 Ordinary Meeting 28 April 2015

Item 7 - Annexure 2

 

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Item 13 Ordinary Meeting 28 April 2015

Item 13 - Annexure 1

 

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Item 14 Ordinary Meeting 28 April 2015

Item 14 - Annexure 1

 

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Item 16 Ordinary Meeting 28 April 2015

Item 16 - Annexure 1

 

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Item 17 Ordinary Meeting 28 April 2015

Item 17 - Annexure 1

 

 

Cabonne Council HACC

Policies and Procedures Policy

1 Document Information

Version Date
(Draft or Council Meeting date)

July 2014

Author

HACC Coordinator

Owner

(Relevant director)

Director of Finance & Corporate Services

Status –

Draft, Approved,  Adopted by Council, Superseded or Withdrawn

Adopted by Council

Next Review Date

Within 12 months of Council being elected

Minute number
(once adopted by Council)

09/12/11-CS22/09

2 Summary

This document contains all policies and procedures relating to the operation of Cabonne Council’s HACC Multi-Purpose Outlet

Approvals

Title

Date Approved

Signature

Director of Finance & Corporate Services

 

 

3 History

Minute No.

Summary of Changes

New Version Date

 

 

 

09/12/11-CS22/09

Adopted by Council

21 December 2009

 


 

4 Reason

To ensure that the Service operates according to, Commonwealth HACC Program Guidelines, Commonwealth HACC Program Manual, Service Description and Funding Agreements under the Home Care Standards and all relevant legislation.

5 Scope

Refer to Section 1- Service Management

6 Associated Legislation

7 Definitions

8 Responsibilities

8.1 GM

The General Manager is responsible for the overall control and implementation of the policy.

8.2 Directors and Managers

Directors and Managers are responsible for the control of the policy and procedures within their area of responsibility.

9 Related Documents

Document Name

Document Location

 

 

10 Policy Statements and Procedures

Table of Contents

Section 1 - Service Management 3

Section 2 –Service User Management 44

Section 3 – Principles for Service Delivery. 77

Section 4 – Appendices. 86

 


 

Section 1 - Service Management

Responsibility

The Service is responsible for the provision of:

·    high quality, responsive and individually planned services

·    services that are accessible and appropriate to the target population

·    services that are in response to relative need and assessment

Guidelines

The Cabonne Council will ensure that the service operates according to Commonwealth HACC Program Guidelines, Commonwealth HACC Program Manual, Service Description and Funding Agreements under the Home Care Standards and all relevant legislation.

 

Statement of Purpose:

The purpose of the Cabonne Council HACC Service is to help maintain the independence of frail older people, to assist them to remain living safely at home. Many of these older people would otherwise be at risk of premature or inappropriate admission to residential aged care.

 

Goal

 To support service users to live safely and independently in their own homes by:

·    Ensuring that the Service User remains the focus of the service

·    Providing and promoting coordinated, individualised, planned and high quality services

·    Developing services that respond to individual need and promote the independence and quality of life of the Service User.

·    To meet the Aims and Objectives of the Commonwealth HACC Program:

a.   Provide a comprehensive, coordinated and integrated range of basic maintenance, support and care services for frail older people and their carers;

b.   Support these people to be more independent at home and in the community, thereby enhancing their quality of life and/or preventing or delaying their admission to long term residential care; and

c.   Provide flexible, timely services that respond to the needs of these people.

 

Objectives of the Service are to:

·    Ensure high quality service provision to members of the HACC target population

·    Research consumer needs in order to develop appropriate services within the funding agreement

·    Maintain a formal assessment system

·    Work cooperatively with assessors and referrers

·    Employ qualified and experienced staff with the skills and knowledge to provide appropriate services and support to the target group.

·    Provide training and development to staff to ensure they have current and relevant skills and knowledge.

·    Recruit, train and retain volunteers

·    Promote the services throughout the Cabonne Local Government Area

·    Monitor and evaluate consumer satisfaction with services provided and utilise this information to inform service development and planning - within a Continuous Improvement approach to the service.

·    Liaise with relevant bodies i.e. Department of Health, New South Wales Meals on Wheels Association, New South Wales Neighbour Aid & Social Support Association, other HACC funded and Health Services

 

Statement of Philosophy

The Cabonne Council HACC Services supports the right of individuals to:

·    Make choices

·    Dignity, respect, privacy and confidentiality

·    Be valued as individuals

·    Access appropriate services on a non-discriminatory basis

·    Have accountable and responsive services available to the community

 

Outcomes

The desired outcomes for Cabonne Council HACC Services are that:

a)   Older people are supported to remain safely in their homes for as long as possible

b)   Family or other primary care givers are supported in their role

c)   The service operates in an effective, efficient, responsive and an accountable manner

 

Target Population (as defined by the Commonwealth HACC Program Manual 2012)

·  frail older people with functional limitations as a result of moderate, severe and profound

disabilities; and

·  the unpaid carers of these frail older people. Older people are defined as people aged 65 years and over and Aboriginal and Torres Strait Islander people aged 50 years and over.

 

The target population is frail older people living in the community who, without the basic maintenance, support and care services provided under the Commonwealth HACC Program, would be at risk of premature or inappropriate long-term residential care.

 

The Commonwealth HACC target population also includes older people who might not have, or be able to access long term residential care for cultural or geographic reasons, such as Aboriginal and Torres Strait Islander people in isolated communities, or care leavers, including people from the Stolen Generation.


 

Policies and Procedures

1. Committees

The service is managed by and is under the auspice of Cabonne Council. The Cabonne Council has established several committees in relation to the HACC Services;-

a)   A 355 committee of Council that acts in an advisory capacity.

i.    This Committee is governed by the related Council policies and the Policies and Procedures of the Cabonne Council HACC Services.

ii.    This Committee is the Cabonne Council Meals on Wheels, Food Services, Neighbour Aid, Social Support and Community Visitor Scheme Joint Advisory Committee and is known as the Joint Advisory Committee, and,

b)   Local Meals on Wheels Committees in Eugowra, Canowindra, Manildra and Yeoval

 

1.1 The Community Services Committee 

1.1.1 Legal responsibilities

Home Care Standards References: EO 1.1, EO 1.2

Policy:

Cabonne Council will ensure that:

a)   Cabonne Council HACC Services operate in line with:

-     HACC Funding Agreement

-     Service Description

-     Commonwealth HACC Guidelines

-     Commonwealth HACC Manual

-     Home Care Standards

b)   Staff employment agreements are complied with, that proper tax is deducted, and safe working conditions are provided

c)   Adequate insurance cover is provided

d)   The service operates within  all the relevant Australian, State and Local Government Laws and Regulations and Legislation

Procedures:

·    Organisational structure and decision-making processes are documented clearly.

·    The Committee will be provided with regular reports from the Manager providing information relating to compliance with:

HACC Funding Agreement

Service Description

Commonwealth HACC Guidelines

Home Care Standards

WHS requirements

Insurances

Relevant Regulations and Legislation

1.1.2 Policy and Planning Responsibilities

Home Care Standards References: EO 1.1, EO 1.4, EO 1.5, and EO 1.6.

Policy:

Cabonne Council will ensure that:

a)   The policies and procedures are kept up to date and put into practice

b)   The Cabonne Council HACC Services have clear goals

c)   High quality, effective and efficient services are available to service users

d)   The service meets the needs of those people most in need, including people from Aboriginal and/or Torres Strait Islander backgrounds, Culturally and Linguistically Diverse (CALD) backgrounds; special needs such as sensory loss or dementia.

 

Procedures:

·    Policies and Procedures are reviewed regularly.

·    The Community Services Committee will ensure that the service Coordinator establishes an audit program for the review of Policies and Procedures. The Corporate Calendar will identify the program of audits.

·    Other reviews of Policies and Procedures are triggered by:

Changes to Regulations and/or Legislation

Changes to Funding Agreement and/or Home Care Standards

Continuous Improvement processes identifying a gap in the Policies and Procedures.

An incident, accident, complaint or other event that identifies the need for changes to policy or procedures.

 

·    Goals of the service are reported annually by the service Coordinator to the Community Services Committee for discussion and/or review.

 

·    Annual review and evaluation processes will assess the service quality and efficiency and the number of service users with special needs who have been supported. These will include but not be limited to:

Service user surveys

Service user focus groups

Community consultations

Gathering of informal feedback

·    The Community Services Manager and the service Coordinator are responsible for ensuring that the data from these evaluations is collated, reviewed and utilised to improve service quality, plan for new services, amend policies and procedures and improve operations of the service.

·    The annual Continuous Improvement Plan will identify and describe the review and evaluation processes and the actions arising from these.

·    The Continuous Improvement Log will be used to detail day-to-day Continuous Improvement actions that are identified and completed in response to various opportunities including but not limited to: formal and informal feedback; complaints, compliments and suggestions; incidents and accidents; staff training.

·    The Community Services Manager and the service Coordinator will provide the Committee with regular reports on the operations of the HACC services. These reports will include information on (see template for Report to Committee):

Compliance

Finances

Progress against the budget

Progress against the Strategic Plan

Risk Management

Quality Reporting issues

Service statistics

 

1.1.3 Participation in Planning

Home Care Standards references: EO 1.1, EO 1.4 and EO 1.5

Policy:

Cabonne Council will ensure that the planning and evaluation processes of the service include:

a)   Ongoing monitoring of the service

b)   Plans are developed and evaluated on an annual basis, including an annual strategic plan

c)   Input from service users, volunteers, staff and other stakeholders

d)   Consideration of service users and potential service users with special needs such as those from ATSI backgrounds, CALD backgrounds, people with sensory loss and people living with dementia.

e)   Unmet needs of the people from the service target group

f)    Regular reporting from the Coordinator

 

Procedures:

·    Ongoing monitoring and planning will involve:

·    Regular reporting processes to the Committee as detailed in 1.1.2 Policy and Planning responsibilities.

·    Annual review of the service statistics and the service user and stakeholder feedback results by the Committee.

·    The Community Services Manager and the Service Coordinator are required to provide the Committee with an annual report on the service statistics and the client and stakeholder feedback.

·    Consultations and other opportunities for feedback and input from the community and other stakeholders including representatives for people with special needs including but not limited to people with dementia, ATSI community, CALD communities.

·    The Committee will provide the Community Services Manager and the Service Coordinator with feedback on the current Strategic Plan prior to the Strategic Planning Day.

·    The Committee will provide support to the Community Services Manager and the Coordinator to undertake an annual Strategic Planning Day.

·    The Strategic Planning Day will include as many of the following people as possible: representatives of the Cabonne Council Community Services Committee; members of the Advisory Committee; representatives of Community Transport; consumer representatives; other stakeholders including the HACC Development Officer and representatives from other service providers including those .

·    The service Coordinator’s regular report to the Committee will include progress against the Strategic Plan.

·    The Coordinator will complete an annual Corporate Calendar that details work to be completed for the year including tasks relating to the Strategic Plan.

·    Input from service users, volunteers, staff and stakeholders will be gathered informally and formally in a number of ways such as: surveys; focus groups; informal feedback; discussions; volunteer and staff meetings; client service reassessments.

·    The feedback will be collated, reviewed, analysed and the information will be used to inform the development of new services, the improvement of current services and the general operations of the service.

·    The Continuous Improvement Plan and Log will record and track continuous improvements including those arising from input from our stakeholders.

·    The demographic data and social planning data available to Council will be utilised to ensure the unmet needs of the target group are identified and understood.

·    The Community Services Committee and the Community Services Manager will assist the service Coordinator to analyse this information and use the data in the Strategic Planning processes and in the review of current services and the development of new services.

·    The service Coordinator will undertake regular re-assessment of service users to identify changing and/or unmet needs.

·    The service Coordinator will report to the Community Services Manager and the Community Services Committee regarding the identified unmet needs of the target group and strategies to address these needs.

·    The Coordinator will provide a regular report to the Community Services Committee and the Advisory Committee, addressing all the issues listed in the template for the Coordinator’s report.

·    The Coordinator will provide verbal reports to the Community Services Manager regarding issues that require attention before the next scheduled Committee meeting.

 

1.1.4 Financial

Home Care Standards references: EO 1.2 and EO 1.6

Policy:

Cabonne Council's financial responsibility is to make sure that:

a)   Expenditure is kept within budget

b)   Conditions of funding agreement are followed

c)   Funds are properly accounted for and an audit is conducted each year

d)   Audit is completed in time to be attached to the Annual Report, which is submitted to the funding body

e)   Unexpended funds are accounted for through the acquittal process

f)    Financial risk management policies are in place

Procedures:

·    The Minutes of the Joint Advisory Committee meetings will be tabled at the Community Services Committee meetings.

·    The Agenda for the Joint Advisory Committee meetings lists Financial Reporting (including reporting against the budget) as a standing agenda item.

·    The Coordinator and the treasurer of the Advisory Committee are responsible for monitoring expenditure against the budget.

·    The conditions of the Funding Agreement are reviewed annually by the Coordinator to ensure all conditions are being met.

·    The Coordinator and the treasurer of the Joint Advisory Committee will update the financial records to ensure funds are properly accounted for (at least 6 weekly).

·    The Joint Advisory Committee will annually appoint an auditor to conduct the annual audit.

·    The Joint Advisory Committee will approve the auditor and arrange for the audit to be conducted in time for the audit report to be included in the AGM on the 3rd Wednesday in October

·    The Community Services Committee will annually review the financial records of the service to ensure unexpended funds are accounted for through the acquittal process.

 

1.1.5 Staff

Home Care Standards References: EO 1.7

Policy:

Cabonne Council is responsible for:

a)   The recruitment of staff with appropriate qualifications, skills, experience and attributes.

b)   Upholding and meeting the requirements of the Equal Employment Opportunity Policy

c)   Adhering to WH&S requirements

d)   Providing staff with support, direction, supervision and appropriate training

 

Procedures:

·    The Human Resources Policies and Procedures of Cabonne Council apply to the employees and volunteers of the Cabonne Council HACC Services.

·    The Coordinator has direct access to the Human Resources Manual of Cabonne Council.

·    The HR Department of Council will assist with implementing and executing these procedures where possible.

·    The recruitment of staff will adhere to the Council’s recruitment policy and procedures. This includes but is not limited to the identification of the relevant skills, qualifications, experience and personal attributes for each position in the service.

·    The Community Services Committee will ensure that the Job Description for the Coordinator is relevant and up-to-date.

·    The Coordinator will ensure that there are up-to-date job descriptions for each employee position.

·    The Community Services Manager will conduct (or arrange for an appropriate person to conduct) annual Performance Appraisals for the Coordinator.

·    The Coordinator will conduct annual Performance Appraisals for the employees of the service, or will arrange for an appropriate person to conduct the appraisals.

·    The Community Services Committee will ensure that Council’s Equal Employment Opportunity Policy is up-to-date and a current copy is available to the Service.

·    The Community Services Committee will ensure that the WHS Manual is regularly reviewed to ensure it meets all Legislative requirements.

·    An up-to-date copy of the Cabonne Council WHS policies will be provided to the Coordinator.

·    The Community Services Manager is responsible for advising staff at the service of the availability of WHS training through Council.

·    The Community Services Manager is responsible for ensuring that the Coordinator has appropriate and timely support, direction, supervision and training. This will be achieved by meeting regularly with the Coordinator; reviewing the Coordinator’s work plan and Corporate Calendar; conducting annual Performance Appraisals and providing the Coordinator with access to appropriate training to assist with building the capacity and the skills of the Coordinator.

 

Information Management Systems

Home Care Standards References: EO 1.3

 

Policy

Council will establish effective information management systems that ensure the safety, security and confidentiality of client and organisational records.

Council will ensure the service’s information management systems meet all Commonwealth, and state government law and policy operational requirements for record keeping.

Procedures:

·  The Coordinator will keep accurate records and accounts, including receipts, proof of purchase and invoices, to show how funding has been spent and how the services have been provided.

·  The Coordinator will maintain up-to-date and accurate records detailing services provided, outcomes achieved and Service User details;

·  The Coordinator is responsible for ensuring that data reporting obligations under the HACC MDS are fulfilled (see Corporate Calendar);

·     All Service User related information and files (both paper and electronic) are securely stored in locked cabinets and, in the case of electronic files, with password protection to ensure that access is only permitted to those with the appropriate level of authority.

·  Regular file back up is conducted by Cabonne Council at 5pm every Monday and the back up storage is securely located offsite.

·  Service User records are kept for a minimum period of seven years following the cessation of service delivery;

·  Records of business operations, including financial transactions, for a minimum period of seven years.

·  The Coordinator is responsible for maintaining and securing accurate case notes on all Service Users. These service user case notes include but are not limited to: Service User name and contact details; Carer or other contact person; assessment form; re-assessment form; care plan or support plan; consent to share information; emergency plan; ‘no response’ plan.

·  The Coordinator ensures that an annual check of service user records is undertaken to ensure that all information is up-to-date. This usually occurs at the time of re-assessment, but may also occur as part of an internal audit of client records.

 

 

 

Continuous Improvement

Home Care Standards references: EO 1.5

Policy:

The Cabonne HACC Services actively pursues continuous improvement in all aspects of service management and delivery. Continuous improvement is integral to ensuring that the changing needs of service users are met with quality, responsive and individualised services. The service has systems in place to demonstrate quality improvements.

 

Procedures:

·    The Coordinator will develop an annual Continuous Improvement Plan (see template for Continuous Improvement Plan).

·    The Coordinator will consult with management, staff and volunteers in the development and review of the Continuous Improvement Plan.

·    The Continuous Improvement Plan will be presented to the Advisory Committee and the Community Services Committee for comment and approval.

·    The Coordinator will regularly report to the Advisory Committee and the Community Services Committee on progress against the Continuous Improvement Plan.

·    All employees and volunteers of the service are encouraged to contribute to continuous improvement activities of the service.

·    The Continuous Improvement Log (see template for Continuous Improvement Log) will be used to record identified opportunities for continuous improvement activities in the day-to-day operations of the service.

·    The Continuous Improvement Log will record the date the improvement was identified; priority; the issue; strategies/actions; the person responsible and the date the actions are completed.

·    The Continuous Improvement Log is accessible to all staff that are expected to identify and record continuous improvement opportunities and strategies for addressing these.

·    The Coordinator regularly checks the Continuous Improvement Log (at least monthly) to monitor continuous improvement and to ensure that appropriate actions are taken and that the relevant policies and procedures are amended to reflect any changes.

·    The Coordinator is responsible for ensuring that ongoing consultation occurs with stakeholders including service users, management, staff, volunteers and the wider community.

·    Consultations will occur in various formats to ensure that many views and experiences of stakeholders are collected. These may include but are not limited to focus groups; surveys; informal comments and discussions; networking meetings; casual comments and feedback from service users and carers and public meetings.

·    The Cabonne HACC Service welcomes and encourages stakeholders to feel safe to provide feedback on the service. 

·    Service users and their representatives, management, staff, volunteers, suppliers and other stakeholders are given information about how to make a complaint and how to provide suggestions and feedback to the service.

·    Complaints are recorded on the Complaint Form, which is stored in the Feedback folder. The issues in the complaint are identified, actions taken and recorded and the person making the complaint is advised of the actions taken.

·    The Complaints Register summarises all complaints and records the date of closure and the date any related continuous improvement actions are completed. The Complaints register located in the feedback folder.

·    The Coordinator regularly monitors the Feedback Folder (at least monthly) and ensures that complaints are resolved promptly, appropriate actions are taken and recorded and that the person making the complaint is advised of the outcome.

·    The Coordinator evaluates the outcomes of the feedback as part of the monitoring process.

·    The Coordinator reports regularly (see Coordinator’s Report template) to the Advisory Committee and the Community Services Committee on feedback (complaints, compliments and suggestions)

·    The continuous improvement processes of the Cabonne HACC Service include collection, collation and analysis of information, undertaking appropriate actions, and evaluation of these actions.

·    The monitoring processes include, but are not limited to: (see Corporate Calendar)

Internal audits of feedback (complaints, satisfaction surveys etc)

Internal audits of operations

Review of the Risk Management Plan

Review of the Continuous Improvement Plan

Review of Accidents and Incidents Register

Review of Policies and Procedures

·    The Coordinator ensures that feedback on implemented improvements is given to service users and their representatives, staff, volunteers, management and other stakeholders. This may occur through reports; newsletters; memos; training; noticeboards.

 

 

Risk Management

Home Care Standards References: EO 1.6

Policy:

Cabonne HACC Services is actively working to identify and address potential risk, to ensure the safety of service users, staff and the organisation.

Procedures:

·    The Coordinator (in conjunction with the Community Services Manager) is responsible for the development of a Risk Management Plan.

·    The Risk Management Plan includes but is not limited to: Date identified; Identified risk; Impact; Likelihood; Consequences; Risk Rating; Strategies to minimise or remove the risk; Person Responsible; and Date actions are completed.

·    The Risk Management Plan is presented to the Advisory Committee for approval and referral to the Community Services Committee.

·    The Risk Management Plan is reviewed and updated annually by the Coordinator and presented to the Advisory Committee for approval / information.

·    The Coordinator reports at every Advisory Committee meeting and Community Services Committee meeting on progress against the Risk Management Plan.

·    The Continuous Improvement Log is used to record any identified potential or real risks, the actions taken to minimise or prevent these risks, the person responsible for the actions and the dates the actions are completed. The possible triggers for identifying risks include, but are not limited to the following: Accident / incident; complaint; other feedback; near miss; changing service user needs.

·    The ongoing identification of risks occurs in a number of ways including but not limited to: regular internal audits; Home Environment Assessments; reviews of risk management processes; during staff/volunteer meetings.

·    The Advisory Committee considers Risk Management issues at every Committee meeting (see Joint Advisory Committee Agenda for Committee meetings and Template for Coordinator’s Report).

·    The Coordinator and the Community Services Manager consider risk management issues as part of the regular meeting discussion topics.

·    Risk Management issues are discussed at staff/volunteer meetings.

·    The Coordinator encourages staff and volunteers to actively identify risks, to take a preventative approach and to participate in risk management practices including but not limited to reporting / recording identified risks and taking actions to minimise the risks.

 

1.1.6 Other

Policy:

Cabonne Council is responsible for:

a)   Dealing with service issues and problems as they arise and to provide necessary support and assistance

Procedures:

·    The Coordinator and the Advisory Committee have several avenues for raising service issues and problems with the Council. These include:

At Committee meetings

Via the Coordinator’s report

During meetings with the Community Services Manager

1.1.7 Meetings

Council meetings are held:

a)   Community Services Meetings on the first Tuesday of each month

b)   General Council meetings on the third Tuesday of each month

 

1.2 The Advisory Committee

Policy:

Definition:

For the purpose of this document, the word “segment” refers to:

a)   Each local Meals on Wheels Committee,

b)   Villages where there is no local Meals on Wheels Committee,

c)   Representatives from other services covered by the Joint Advisory Committee,

d)   Appointed Council Representatives, and

e)   Cabonne Council Home & Community Care Staff.

 

1.2.1 Responsibilities

The Joint Advisory Committee is responsible for assisting with and advising on the:

a)   Quality of service user services

b)   Budget development and monitoring

c)   Aspects of Volunteer Management

d)   Policy and Procedure development

e)   Development and monitoring of an annual service plan for both the Home and Community Care services and the Community Visitors Scheme

 

Procedures:

 

·    The Joint Advisory Committee receives a report from the Coordinator at every meeting.

·    The Coordinator will use the Template for Coordinator’s Report. This template lists all responsibilities against which the Coordinator will report.

·    The Coordinator will keep the Joint Advisory Committee up to date on issues relating to the quality of service user services. The information regarding service quality will be drawn from the collation and analysis of data from a number of sources: service user feedback (formal surveys and informal comments); complaints; accidents and incidents; issues identified in the Continuous Improvement Log and Continuous Improvement Plan; staff and volunteer feedback (staff meetings, suggestions, training).

·    The Coordinator, in conjunction with the Community Services Manager and the Treasurer will draft an annual Budget for discussion and approval by the Joint Advisory Committee.

·    The Coordinator and Treasurer will report on progress against the budget and the current financial statement at every Joint Advisory Committee meeting.

·    The Coordinator is responsible for the day-to-day management of the volunteers. This includes recruitment, training and ongoing support,

·    The Joint Advisory Committee may be involved in the recruitment of volunteers and recognition events.

·    The Joint Advisory Committee will provide the Coordinator with input and discussion regarding Volunteer Management issues as they arise at Committee meetings.

·    The Coordinator will present the Joint Advisory Committee with Policies and Procedures for discussion and approval before they are referred to the Community Services Committee for ratification.

·    The Coordinator will present a draft Annual Service Plan to the Joint Advisory Committee for discussion and approval.

·    The Coordinator’s Report to the Joint Advisory Committee will include reporting on progress against the Annual Service Plan.

 

1.2.2 Membership

Policy

a)   The maximum number of members from each local committee is three

b)   Each local committee has the right to only one vote

c)   Other segments will have the right to only one vote

d)   Committee members who are absent without excuse from more than three consecutive meetings may be released from the committee   

e)   In the event of a casual vacancy, the committee may appoint another member of the committee to fill the vacancy and the member so appointed shall hold office, subject to rules, until the conclusion of the Annual General Meeting following the date of the member's election, but he/she is eligible for re-election

Procedures:

·    Written details regarding membership and meeting processes will be provided to new members of the Advisory Committee as part of the Information Pack.

·    The Chairperson will remind committee members of this Policy should there be any uncertainty regarding membership or meeting processes.

 

1.2.3 Orientation for New Committee Members

Policy:

Council recognises the important role played by the Advisory Committee. Council is committed to ensuring that the members of the Advisory Committee are fully informed of the roles and responsibilities of the Advisory Committee. Council will ensure that the members of the Advisory Committee are provided with appropriate information and opportunities for training and education to ensure the Advisory Committee has up-to-date knowledge to inform the decisions and actions of the Committee.

All new Committee members will participate in an Orientation Program.

 

Procedures:

·    Every new Committee member will be provided with an Information Pack.

·    This Pack will include, but not be limited to:

a.   Access to a copy of the Policies and Procedures Manual

b.   The Confidentiality Agreement to sign

c.   A copy of the Service User Handbook to ensure Committee Members are aware of the information provided to service users including services provided; Rights and Responsibilities of service users; fee structure and the assessment process.

d.   Meeting dates

e.   Summary background information about the obligations of service providers and the requirements of the Commonwealth HACC Program.

·    At the first Committee meeting of a new Committee member, the Chairperson and the Coordinator will lead a brief introduction to the operation of the Committee, meeting times, length of meetings and the meeting processes.

·    Informal orientation will use the buddy system. An experienced Committee Member will be seconded to guide and support a new member.

·    The Coordinator will meet with new Committee members to provide an introduction to the service and to educate new Members regarding the Commonwealth regulations, requirements for reporting and meeting quality standards.

·    Committee members will participate in regular incremental training as part of Committee meetings. The Coordinator, in consultation with the Chairperson and the Community Services Manager will update the Committee on current changes to the HACC program and relevant information relating to the Committee’s responsibilities.

·    Incremental training session is a standing agenda item for the Advisory Committee meetings (see template for Joint Advisory Committee Meetings)

 

 

 

 

 

 

1.2.4 Joint Advisory Committee Ordinary Meetings

Policy:

Joint Ordinary Committee meetings will be held regularly. These meetings will follow a standard format to ensure that appropriate meeting processes are observed and adequate discussion occurs so that informed and well-considered decisions and recommendations are made. The role of Committee members is to work as a team, promote healthy debate and to provide high quality, relevant and informed advice to Council via the Community Services Committee.

 

Procedures:

·    Ordinary meetings will be held bi-monthly

·    The Annual General Meeting will be held in October of each year

·    Set venue is the Manildra Bowling Club or as otherwise approved in advance by the committee 

·    Any change of venue or date must be a majority committee decision

·    Special purpose meetings may be arranged by the committee as required where at least two members deem it necessary and contact the secretary who will contact other members.

 

1.2.5 Attendance

Ordinary committee meetings are open to:

a)   Joint Advisory Committee members only,

b)   Service users and volunteers who are invited by the committee to attend at a specific time to discuss raised concerns

c)   Interested parties who are invited by the committee but do not participate in discussion unless requested to do so 

d)   Guest speakers may be invited by the committee to attend meetings for a specific purpose and at a specific time

e)   Apologies are tendered prior to the meeting but may be accepted from the floor

1.2.6 Minutes

a)   Minutes of any ordinary meeting must be recorded by the minute secretary or, if the secretary is not in attendance, a committee member appointed by the committee on the day

b)   Minutes will be typed and distributed only to committee members with the agenda of the next meeting

c)   A copy of the minutes will be kept in the meeting file

d)   A copy of the minutes will be forwarded to Council with a report from the Coordinator.

1.2.7 Committee Fees

There will be no fees charged to the members of the committees and all out-of-pocket expenses incurred whilst engaged in committee work will be reimbursed

 

 

 

1.2.8 Agenda for Joint Advisory Committee Ordinary Meetings

The agenda for the meetings will be as follows:

a)   Welcome

b)   Attendance and Apologies

c)   Conflicts of Interest

d)   Previous minutes

i)  Acceptance

ii)  Matters arising and actions

e)   Update of tasks from previous meetings

f)    Correspondence

g)   Treasurer / Finance Report

h)   Coordinator’s Report

i)    Compliance matters

j)    Quality Improvement

       i)       Complaints

       ii)       Compliments and suggestions

       iii)      Results of any formal surveys

k)   Risk Management

i)        Accidents and incidents (staff / volunteers / service users)

l)    Human Resources

m)  Progress against Strategic Plan

n)   Committee members’ Orientation / Training / Update

o)   Committee reports

p)   General business

q)   Review actions to be taken

r)    Next meeting

 

1.2.10 Quorum

a)   A quorum for all meetings will consist of five members each from a different segment.

b)   If a quorum is not present the meeting may be held and any business ratified at the next meeting.

c)   If it is known before the meeting, the meeting may be cancelled; in which case staff will contact committee members and a new date set.

1.2.11 Annual General Meeting

The Annual General Meeting will be held on the third Wednesday of October every year unless the committee selects a different date within that month.

1.2.12 Notice of Annual General Meeting

a)   The meeting will be advertised appropriately in each town at least two weeks prior to the meeting

b)   Committee members will receive at least 28 days notice of the meeting

c)  Allied services will be invited to attend the meeting

1.2.13 Attendance at the Annual General Meeting

The Annual General Meeting will be open to:

a)     Members of the Joint Advisory Committee

b)     Service Users and Volunteers

c)     Interested community members

d)     Staff from various relevant services

e)     Department of Health representatives 

f)      Apologies are tendered prior to the meeting but may be accepted from the floor

 

 

1.2.14 Annual General Meeting Agenda

The agenda for the AGM will include:

a)     Chairperson's Report for the previous year

b)     Annual HACC Service Report

c)     Annual CVS Report

d)     Annual Financial Report

e)     The Chairperson position will be declared vacant

f)      Election of Chairperson

g)     Notification of segment representatives

 

1.2.15 Election of Chairperson

a)     Any member of the committee may be nominated as Chairperson

b)     Nominations will be made to the committee at an Annual General Meeting

c)     Each name proposed, will be seconded

d)     The Chairperson will be elected by majority vote

e)     Only committee members may vote (one vote for each segment)

f)      The Chairperson will hold office until the conclusion of the Annual General Meeting following the date of the office bearer's election, but is eligible for re-election

g)     The Chairperson can hold office for three consecutive terms

h)     The retiring chairperson will be offered the position of vice chairperson

i)      A copy of the names and addresses of the Chairperson and Committee members will be submitted to Council following the Annual General Meeting

 

1.2.16 Code of Behaviour

Policy:

Cabonne Council has developed a Code of Behaviour for the Joint Advisory Committee members. This Code aims to clarify expectations of Committee members and to ensure that the Advisory Committee operates as efficiently and effectively as possible.

Procedures:

a)   All Joint Advisory Committee members are given a written copy of the Code of Behaviour to sign.

b)   These documents are stored in the secure cabinets at the service Office.

c)   If a member of the committee fails to abide by the above rules they may be liable to expulsion from the committee.

d)   The Code of Behaviour states:

Committee members agree to:

I.    Follow Council’s policies covering Advisory Committees

II.   Abide by the philosophy of the Cabonne HACC Service

III.  Follow the policies and procedures set down in the Cabonne HACC Service manual

IV.  Attend bi-monthly meetings whenever possible, and if unable to attend, to send apologies

V.   Not act on Cabonne HACC Service matters without consent of the Committee

VI.  Represent the Cabonne HACC Service in a positive way

VII. Remember that all matters discussed in Committee meetings are confidential

VIII.    Not discuss confidential issues with people without consent of the Committee

IX.  Follow any grievance procedures set down by the Committee

X.   Not abuse, physically or verbally, staff, service users or other members of the Committee

1.3 Local Meals on Wheels Committees are responsible for:

a)   Organising the delivery of hot meals in their own area

 

 

 

2 Planning And Evaluation

Policy:

Council and the Joint Advisory Committee has a commitment to ongoing planning and evaluation of the service to ensure that the needs of the target group are met as effectively and efficiently as possible and that the service description schedule is followed.

 

Council and the Joint Advisory Committee will ensure that the Cabonne HACC Service is actively involved in planning processes for the local community as well as broader regional planning processes.

 

Procedures:

 

2.1 Cabonne HACC Service will be represented at any NSW Department of Health Planning Sessions for the Cabonne Local Government Area or for the Central West Region.

2.2

a)   An Annual Service Planning Day will be held to review and amend the current Strategic Plan or to develop a new Strategic Plan.

b)   The Coordinator, in conjunction with the Community Services Manager will develop an Operational Plan in response to the priorities and strategies identified in the Strategic Plan.

c)   Agenda for the Planning Day may include, but is not limited to the following:

1. Review and progress report on the previous plan

2. Brief review of the Service Description Schedule, Service Agreement, Service Guidelines and the Home Care Standards

3. An overview of the HACC populations and the group serviced by the Cabonne HACC Services including:

·    Data gathered from service users and/or volunteer surveys

·    Summary of feedback (complaints, compliments and suggestions including a summary of the issues, actions and evaluation of outcomes)

·    Service data including units of service currently funded and /or provided

·    Gap analysis ( identified unmet need, unmet outputs, analysis for unmet outputs, recommendations for strategies to address these issues)

·    Demographic data for the community

·    Information on special needs groups and identified needs

·    Number of and description of service users

4. Overview of other services in the area:

·    Location

·    Services provided

 

5. Identification of any duplication, gaps or unmet needs

6. Categorization and prioritisation of plans and strategies for the next year

7. Review of current policies

8. Review of communication strategy including but not limited to newsletter content.

9.Review of adequacy of volunteer numbers, strategies for succession planning and ensuring ongoing volunteer support.

 

2.3 The Coordinator will present a mid-year report on the Strategic Plan and the Operational Plan to the Joint Advisory Committee and the Community Services Committee to enable the Committees to review, monitor and revise the Plans.

2.4 The Coordinator and the Joint Advisory Committee are responsible for the development, implementation and monitoring of the Strategic Plan and Operational Plan.

·    The plan will include Key Result Areas, priorities, strategies, actions, the person responsible for the actions and the time frames.

·    Progress against the Strategic Plan will be monitored by the Coordinator and reported to the Joint Advisory Committee and the Community Services Committee.

3. Volunteer Management

Policy:

The Cabonne HACC Service recognises the valuable contribution made by volunteers to the service and the community. Cabonne HACC Service actively encourages the participation of volunteers. Volunteers will not be used to replace paid workers in the service.

The benefits of volunteer participation in the service include:

 

·    Enabling volunteers to contribute to their community

·    Encouraging the growth of social capital

·    Enhancing the range of services available

·    Ensuring community participation in the service

 

3.1 Volunteer Roles

a)   Information describing the roles of Volunteers and Volunteer Job Descriptions will be kept in the Volunteer folder.

b)   All Volunteers will be provided with a Volunteer Information Pack which includes but is not limited to:

·    Volunteer handbook

·    Written copy of Role of Volunteers

·    Copy of Job Description

·    Copy of Volunteer Agreement for signing

·    Copy of Confidentiality Agreement for signing

·    Service User Rights and responsibilities

·    Code of conduct

·    Volunteer Rights and Responsibilities

·    WHS responsibilities

·    A record and claim form

·    Copy of newsletter

 

c)   Members of the Joint Advisory Committee, designated volunteers and volunteers who give an average of six or more direct service hours per month will be subject to an annual appraisal process

d)   Volunteer appraisal will take place annually. This will ensure:

·    That volunteers are receiving adequate support and training for their role

·    That the position is being carried out effectively and efficiently

e)   Volunteers who give less than six hours per month will receive support and information as needed, through the newsletter and at information sessions

 

 

3.2 Volunteer Training

a)   All new Volunteers will participate in an Orientation Program before commencing work.

b)   The Coordinator will conduct the Volunteer Orientation program.

c)   The Volunteer Orientation program will include but not be limited to:

i.    Meeting the employees and volunteers of the service

ii.    An introduction to the Philosophy and Goals of the service

iii.   A summary of the services provided to the community

iv.  General information about eligibility for the service, target group, service user assessment, and home safety assessment.

v.   Information about service user Rights and Responsibilities including privacy and confidentiality

vi.  Information on the Feedback Management process (including complaints, compliments and suggestions)

vii.  Copy of Volunteer Handbook

viii. Access to the Policies and Procedures Manual

ix.  WHS information (risk management processes, working alone procedures; accidents and incidents reporting; manual handling; infection control; food safety procedures)

x.   Days and times of work

 

d)   On-the-job training is made available to all new volunteers following Orientation.  This involves providing appropriate written material, and arranging for one-on-one training between an experienced volunteer or staff member and the new recruit.  This one-on-one training continues until such a time as the new volunteer feels confident enough to carry out the task/job alone. All volunteers will receive the service WHS booklet with other service information at time of orientation.

e)   Off-site training such as workshops that are held periodically within the Cabonne LGA will be offered to volunteers as appropriate.  Topics for these workshops will be negotiated with volunteers and set on an annual basis.

f)    The Coordinator will use a number of methods to identify the training needs of volunteers. These may include but are not limited to, training needs analysis; changes in service user needs; identified skills gap; discussions at Volunteer meetings; Identification of training needs at annual appraisal meetings.

g)   All volunteers are expected to attend the compulsory training. (see list of compulsory training topics in Training folder)

h)   All volunteers are encouraged to attend additional training sessions and workshops that are applicable to their position. Training will be provided on a number of topics depending upon identified gaps in skills and knowledge; changes in service user needs; specialist training available; new approaches to service provision and core training needs of the service. The topics may include but are not limited to:

·    Back care

·    Manual Handling

·    Stress management

·    Use of the hands free car phone

·    Safe food handling

·    Lone worker safety

·    Grief & Loss

 

·    Keeping safe while on the job

·    Dementia

·    Confidentiality and privacy

·    Communicable Diseases

·    Basic First Aid

·    Person centred care

·    An enabling approach

·    Consumer Directed care

i)    All volunteers will sign the Training Attendance Sheet and this will be noted on the Training Register and in volunteer files.

j)    All volunteers will complete a Training Feedback Form. (see Appendix)

k)   All training sessions are free for HACC volunteers. The sessions will include free morning/afternoon teas or lunch. Accredited trainers or those with the relevant skills and knowledge will present the training sessions or workshops. Where relevant, certificates will be awarded for attendance and participation.

l)    All Volunteers receive a newsletter bimonthly

m)  International Volunteers Day is recognised every year 

 

3.3 Volunteer Safety

a)   The Cabonne Council HACC Service, because of the nature of the area and the funding, recognises that volunteer staff will be required, at times, to work alone and this may expose them to potential risks. The following risk management procedures have been developed to protect volunteers and to minimise the risks when working alone.

b)   WHS Home Safety Check will be conducted on all service users’ homes, and a WHS Venue Safety Checklist will be conducted for all activity venues and locations

c)   Volunteers will be informed of any identified risks/safety issues associated with their work

d)   Volunteers will not work alone in situations of known risk

e)   A mobile phone will be available to volunteers who use the service vehicles

f)    Service vehicles will be serviced regularly to minimise risk of breakdown.

g)   Volunteers are instructed to lock vehicle doors in situations of risk when they are in the vehicle.

h)  Following service user visits, volunteers will report any identified risks/safety issues to the HACC Staff. These issues will be referred to the Coordinator, recorded in the Risk Register, discussed at the next staff meeting and appropriate actions taken to minimise or eliminate the risk.

i)    The Coordinator will ensure that these actions to minimise the risks are evaluated and the relevant Policies and Procedures are amended.

j)    All volunteers will receive the service WHS Booklet with other service information at the time of orientation or before the volunteer commences work with the service.

k)   In the event of the death or hospitalisation of a service user, volunteers who have been involved with the support of that client will be informed of the situation.

l)    The Coordinator will ensure that appropriate support is available to these volunteers if required.

3.3 Volunteer Recruitment Procedure.

The process used for volunteer recruitment is as follows:

a)   Requests for volunteers will be widely advertised in the community, amongst various groups and within the cultural communities of our service users.

b)   Interested volunteers will complete a Volunteer Application Form (see Appendix)

c)   The Coordinator, or an authorized staff member or a designated Joint Advisory Committee member will conduct an interview. The interview will include the following areas:

Name, address, telephone number

Cultural background

Languages spoken other than English

Areas of interest

Particular skills, talent and/or experience

The type of work that the person would like and is able to do

Any physical/mobility/health restrictions that might affect the type of volunteer work the person can undertake

The service’s expectations of volunteers:

§ Service Users’ rights and responsibilities will be respected, especially confidentiality and privacy

§ A cooperative approach

§ Honesty

§ Sensitivity to the service users’ needs, preferences and choices

§ Good communication skills

§ Good team worker

§ Punctuality

§ Clean and tidy appearance

Times available

Explanation of the procedure for reimbursement of out-of-pocket expenses

The Coordinator must sight the volunteer’s drivers licence, insurance and vehicle registration if applicable to the position

Police check application forms

d)   Referees will be contacted for supporting evidence

e)   Police check forms will be processed

f)    The Coordinator will advise the applicant of the result of the police check and his/her acceptance or non-acceptance as a volunteer in the service

g)   If the volunteer's application is rejected, they may ask for feedback. The Coordinator’s feedback will be based upon the abilities, experience, qualifications and skills relevant to the position applied for.

h)   If the application is accepted the volunteer will be given a Volunteer Information Pack (see 3.1b).

i)    The volunteer will be given sufficient time to read the information and ask questions.

j)    Where possible, the Coordinator will match the volunteer with the needs, interests and attributes of the service user

3.4 Grievance Procedure.

Volunteers will follow the same procedure for employee grievances as is described in the Council’s Human Resources Manual, page 44 Employee Grievance Handling. The Volunteer Handbook summarises this procedure.

3.6 Volunteer's Rights and Responsibilities.

(From The Centre for Volunteering website: http://www.volunteering.com.au/become_a_volunteer/rights_responsibilities.asp)

Volunteer Rights

Both volunteers and the organisations they work with have rights and responsibilities. Volunteers are engaged to perform a specific job and the organisation agrees to provide the volunteer with a worthwhile and rewarding experience. In return, each has the right to some basic expectations of the other.

Volunteers have the right to:

Be treated as co-workers. This includes job descriptions and adherence to the requirements of: Equal Employment Opportunity, Work Health & Safety, anti-discrimination legislation and organisational grievance processes.

Be asked for their permission before any job-related reference, police or other checks are conducted.

A job or task worthwhile to them, for no more than 16 hours a week on a regular basis in one role.

Know the purpose and "ground rules" of the organisation.

Appropriate orientation and training for the job.

Be kept informed of organisational changes and the reasons for the changes.

A place to work and suitable tools for the job.

Reimbursement of agreed expenses.

Be heard and make suggestions.

Personal accident insurance (in place of workers compensation insurance).

A verbal reference or statement of service, if appropriate.

 

Organisations have the right to:

Receive as much effort and service from a volunteer as a paid worker, even on a short-term basis.

To select the best volunteer for the job by interviewing and screening all applicants. This might include reference and police checks.

Expect volunteers to adhere to their job descriptions/outlines and the organisation's code of practice.

Expect volunteers to undertake training provided for them and observe safety rules.

Make the decision regarding the best placement of a volunteer.

Express opinions about poor volunteer effort in a diplomatic way.

Expect loyalty to the organisation and only accept constructive criticism.

Expect clear and open communication from the volunteer.

Negotiate work assignments.

Release volunteers under certain circumstances.

 

Volunteer Responsibilities:

Volunteers have the responsibility to:

Maintain confidentiality

Value the rights of the employees and users of the service

Discuss any concerns about their job with HACC staff or a delegated committee member

Participate in appropriate information sessions, training and support activities        

Follow the appropriate Job Description or negotiate changes with the Coordinator

Submit claims and statistics in a timely manner

 

3.7 Money Handling Procedures for Volunteers

a)   When handling money all volunteers will count the money and sign the run sheet

b)   All money received from service users will be receipted and the receipt given to the service user or carer

c)   All money received from service users at Community Restaurants and/or Social Gatherings by a volunteer is accounted in full view of the service user

d)   When money is returned to the office, a staff member will count the money and sign off

e)   When shopping with service users, all purchases will be the responsibility of the service user

 

3.8 Volunteer Insurance

The service has an insurance policy, which covers all volunteers for any injury they may sustain in the performance of their duties.


 

4 Staff Management

Policy:

Cabonne Shire HACC Service is committed to active staff management processes that ensure the workforce is skilled, well supported and committed to the provision of quality services for our service users.

Staff Management procedures are detailed in the Council Human Resource Manual. Some policies are endorsed by Council to augment present policies and to adhere to funding body (Department of Social Services) requirements.

 

Procedures:

Staff Accountability

4.1 New Staff Orientation

a)   All new staff will receive orientation to their position. This will include but is not limited to: Job Description; job specific information; location of relevant resources; position of work station; information regarding relevant work procedures, use of computer, access to shared drive, security procedures and office procedures/practices; introduction to other staff; tour of staff facilities; Staff Handbook; access to the Policies and Procedures Manual; access to the WHS Manual; discussion of WHS issues relevant to the position.

b)   The new staff member in consultation with her/his immediate supervisor will work through the HACC Orientation checklist.

4.2 Gifts

a)   The HACC Service recognises that making a contribution to others can enhance an older person’s self-esteem. A legitimate form of this can be the giving of home grown fruit or vegetables or small gifts to HACC volunteers or employees.

b)   The HACC Service recognises the importance of not exploiting or abusing the generosity of service users. With this in mind, employees and volunteers may only accept gifts that have little monetary value.

c)   All employees and volunteers will abide by Council’s Code of Conduct.

d)   Employees and volunteers will not accept gifts that may be perceived as being offered with the intent of influencing service provision.

e)   Volunteers and employees of the HACC Service may accept small gifts on an occasional basis of value up to $25. Gifts over this amount may not be accepted without consultation with and approval by Council

f)    Staff and Volunteers of the HACC Service may not purchase goods from service users at less than market value

4.3 Trauma Support for Staff

The HACC Service is committed to the provision of information, training and on-going support of employees and volunteers who, during the course of their work encounter traumatic situations involving service users and/or carers. These situations may include but not limited to physical, verbal or emotional abuse of service user and/or carer; witnessing of, or involvement in, an adverse event or accident; a natural disaster and death of a service user and/or carer.

The service will:

a)   Inform all employees and volunteers of the policy and procedures to be followed in traumatic situations involving service users and/or carers

b)   Make a copy of the policy available to all staff on request

c)   Ensure training that is appropriate to the position is available to all staff

d)   Offer ongoing support, supervision and debriefing to all staff who have encountered traumatic situations.

e)   The need for support will vary from case to case and it is the responsibility of the         Coordinator, in consultation with Council’s Human Resources Department to negotiate and implement a suitable method with the staff member affected by the traumatic event.

The Coordinator, or another person(s) chosen by the person affected by the traumatic event may provide the support. This may include, but is not limited to another staff member; the Community Services Manager; a member of the Joint Advisory Committee or another colleague. Offered supervision, debriefing and support may include any or all of the actions below.

a)   Discussing the problems and issues relating to the case in a climate of trust and confidentiality

b)   Sharing some of the frustrations and concerns relating to the case with

c)   Evaluating the nature and quality of service input into the case

d)   Determining the progress of the case to date and exploring future directions

e)   Deciding future directions

f)    Learning and sharing new ideas, skills and techniques for dealing with abuse of service users or their carers

g)   Deciding how to continually develop and improve the service’s response to abuse

h)   Setting in place stress management techniques if required

i)    Offering professional counselling if this is a perceived need of the staff member.

 

It is the responsibility of the Cabonne Council Community Services Manager to negotiate and implement a suitable support method if the Coordinator is the affected staff member.

4.4 Staff Protection

The Cabonne Council HACC Service, because of the nature of the area and the funding, recognises that employees will be required, at times, to work alone and this may expose them to potential risks. The following risk management procedures have been developed to protect staff and to minimise the risks when working alone.

a)   WHS Home Safety Check / WHS Venue Safety Checklist & Venue Risk Assessment Check will be conducted on all service user homes and all activity venues and locations.

b)   Safety audits of the workplace will regularly be undertaken

c)   Staff will be informed of any identified risks/safety issues associated with their work

d)   Staff will not work alone in situations of known risk

e)   A mobile phone will be available to staff who travel alone in the course of their work

f)    Service vehicles will be serviced regularly to minimise risk of breakdown.

g)   Staff are instructed to lock vehicle doors in situations of risk when they are in the vehicle.

h)  Following service user visits or activities, staff will report any identified risks/safety issues to the Coordinator. These issues will be recorded in the Risk Register, discussed at the next staff meeting and appropriate actions taken to minimise or eliminate the risk.

i)    The Coordinator will ensure that these actions to minimise the risks are evaluated and the relevant Policies and Procedures are amended.

j)    All staff will receive the service WHS Booklet with other service information at the time of orientation or before the staff member commences work with the service.

k)   Where an employee is working alone on the premises the following will apply:

i.    Where possible doors will be locked

ii.    The phone will be clearly labelled with emergency contact numbers

iii.   Where possible staff will avoid working after dark

iv.  Where possible staff will avoid entering or leaving the premises after dark

v.   Where this is not possible, strong exterior sensor lights will be activated to light the car park and rear door

vi.  Cars will be parked as near as possible to lighting

 

4.5 Purchasing

a)   All purchasing of equipment will be in accordance with the Local Government Act and in harmony with the current HACC Service Outlet Budget.

b)   Payments of accounts due ie Volunteer Reimbursements are made by the completion of a requisition through Council’s accounting system Synergysoft

c)   Payments under $30.00 can be made using the Petty Cash system maintained by the Administration Officer

d)   Purchase of equipment or goods over $30.00 is made by using Council’s accounting system Synergysoft

e)   Regular orders ie Frozen Meals are made by HACC Staff by completing a requisition

f)    All equipment over the value of $1,000.00 will have an asset number allotted prior to purchase

g)   Purchase of equipment or goods will be in compliance with Council’s Policy

 

4.6. Code of Behaviour for All Staff (Employees and Volunteers)

All staff will follow the Council’s Code of Behaviour as set down in the Council Policies and Procedures Manual.

All employees and volunteers are provided with a copy of the Council’s Code of Behaviour when they commence work with the service.

5. Insurance

Policy:

The HACC Service Outlet will comply with all legal requirements with respect to insurance.

 

Procedures:

a)   Insurance will include as a minimum:

                        Public liability for $10,000,000

                        Property- fire

                        Contents- theft

                        Volunteer insurance- personal accident

                        Vehicle insurance

                        Professional indemnity

b)   Insurance is through the Community Related Insurance and Superannuation Program

c)   All paid staff will be insured through the Council's insurance policy

d)   All insurance policies will be kept on file with Cabonne Council.

6. Students

Policy:

Welfare (or other relevant courses/faculties) students are welcome to view the operations of the HACC services when deemed appropriate by the Coordinator.

Students on placement must be covered by the appropriate insurance by their University, TAFE or other educational institution.

6.1 Students from relevant faculties/courses (eg welfare; aged care; community services) can apply to access quality workplace training with this organisation.

When the educational institution contacts the Coordinator regarding student placement, the following process will be followed:

a)   The student will be interviewed by the Coordinator to determine suitability

b)   The Coordinator will contact the educational institution regarding the decision of whether or not to accept the student for placement

c)   If the decision is not to accept the student, an explanation will be given to the student and the educational institution

d)   If a student is accepted for a student placement with the service, the following steps will be taken:

i.    The student will be informed of the starting date and time.

ii.    The Coordinator (or another delegated staff member) will provide an Orientation Program before the student commences work. This Orientation Program is consistent with the Volunteer Orientation Program (see 3.2)

iii.   The Rights and Responsibilities of volunteers will also apply to students (see 3.6)

iv.  The student will adhere to the standards set in this service

e)   An Information Pack will be given to the student. The contents of the Information Pack will include but is not limited to:

i.    Volunteer handbook

ii.    Copy of Confidentiality Agreement for signing

iii.   Service User Rights and Responsibilities

iv.  Code of conduct

v.   Volunteer Rights and Responsibilities

vi.  Information on accessing the Policies and Procedures

vii.  WHS responsibilities

viii. Copy of newsletter

f)    The student and the service will enter into and sign a learning contract

g)   A student work plan will be formulated from the learning contract

h)   The student will be allocated tasks, supported and supervised by the Coordinator in the performance of those tasks

i)    The Coordinator, the student and a representative of the educational institution will complete a mid-term assessment.

j)    The student work plan will be modified if required after the assessment

k)   The Coordinator will complete a final assessment which will be submitted to the educational institution.

l)    Should the student perform well, then a letter of reference will be written by the Coordinator and given to the student. All appropriate and approved expenses incurred while engaged in workplace training will be reimbursed

e)   Training may be terminated if the student does not comply with the learning contract and plan or if he/she contravenes the Code of Conduct.

f)    The student will sign an agreement to adhere to these procedures.

 

7. Work Health and Safety

Policy:

The Cabonne Council HACC Service is committed to providing a safe and positive working environment for its staff (employees and volunteers), acknowledging that staff wellbeing is a major factor in enabling them to perform their duties to the best of their ability. It is recognised that the service has a responsibility to provide safe working conditions and work practices.

 

The Cabonne Council WHS Manual applies to the Cabonne Council HACC Service. A copy of the Council WHS Manual is located at the HACC Service office.

 

All employees and volunteers are provided with training in WHS and are given access to the WHS Manual.

 

The HACC Service is covered by Council’s WHS Policy with the following expansions:

7.1  First Aid

a)   A First Aid Kit is located in the bottom locker in the Coordinators office

b)   A First Aid Kit is located in the glove compartment of each service vehicle

c)   The Coordinator will appoint a staff member to be responsible in ensuring the First Aid Kits are properly maintained

d)   The Register of Injuries is kept near the office First Aid Kit

e)   All Injuries or incidents will be recorded and dealt with according to Council’s policy

f)    All paid staff will hold a current Senior First Aid Certificate

g)   Accidents and Incidents will be recorded in the Accident and Injury file. The outcomes of these events will be recorded and actions taken to avoid recurrence will be noted.

h)   The Coordinator will regularly review the Accident and Injury file to ensure that relevant issues have also been recorded in the Continuous Improvement Log for actions and appropriate review of Policies and procedures.

i)    The Coordinator will report on Accidents and Injuries as part of the Risk Management and Continuous Improvement reporting to the Joint Advisory Committee and the Community Services Committee. This data will also be reviewed at the Annual Planning Meeting to inform future Risk Management Plans and Continuous Improvement Plans.

j)    Should a trend in accidents, injuries or risks be identified, the Coordinator will, in consultation with the Council Risk Officer ensure appropriate measures are taken to prevent recurrence or to minimise the risk. The relevant Polices and Procedures will be amended and employees and volunteers advised and educated in relation to these changes.

 

7.2 Immunizations.

All staff (employees and volunteers) will be offered immunization against the current influenza virus

7.3 Staff Protection.

The Cabonne Council HACC Service will have appropriate procedures in place to ensure the workplace is safe for staff (employees and volunteers). (See 4.4)

7.4 Keys

a)   All keys allocated will be recorded in a register which lists date of issue, to whom and when returned.

b)   The number of keys issued will be kept to a minimum.

c)   Personnel leaving the service must return all keys. If this does not occur, the locks will be changed.

d)   All keys must be kept in a secure place.

 

7.5 Cash and Valuables

a)   All cash and valuables are to be kept at a minimum at the Cabonne HACC site

b)   All cash and valuables that are kept on site will be locked in a secure place

c)   Personnel will be discouraged from bringing large amounts of cash and valuables to the Cabonne HACC site

d)   A sign stating, “No cash kept on premises” will be displayed

e)   Monies will be banked frequently

f)    Cash should be counted in a secure place out of sight

g)   Staff should not take cash home unless permission is given by their supervisor

 

7.6 Staff and Volunteer Phone Numbers

All staff (employees and volunteers) are not to give out their private (home and/or mobile) phone numbers to service users.

 

7.7 Client Home Safety Check

a)   At the time of conducting the service user assessment, the Coordinator will also complete the WHS Home Safety Check.

b)   The completed WHS Home Safety Check and the Risk Indicator Chart will be used to calculate risk for staff (employees and volunteers) when they are attending the service user’s home.

c)   The Coordinator will prioritise and undertake appropriate actions (based upon the calculated Risk Category) to minimise or remove the identified risk. These actions will be recorded in the service users’ file and also in the Risk Log and the Continuous Improvement Log if appropriate.

d)   The Coordinator will ensure that the Continuous Improvement actions include revision of the relevant Policies and Procedures and advising and educating employees and volunteers regarding any changes.

7.8 Serious Incidents

 

Policy:

(Reference: Commonwealth HACC Program Manual 2012)

 

Cabonne Shire HACC Service has a commitment to minimise the risk of harm to service users and staff members from:

i.  the Commonwealth HACC services they deliver; and

ii. the environment in which they deliver Commonwealth HACC services.

If a serious incident does occur during or as a result of service delivery, staff (employees and volunteers) must respond appropriately (as detailed in the Procedures below).

 

The Cabonne HACC Service will have procedures in place to ensure that the appropriate people and organisations are notified of any serious incident.

 

As defined by the Commonwealth HACC Program Manual 2012:

‘A serious incident is an incident that occurs as a result of, or during, the delivery of Commonwealth HACC services, and includes:

i.  the unexpected death of a service user, staff member, subcontractor or volunteer;

ii. a serious injury to a service user, staff member, subcontractor or volunteer;

iii.   allegations of conduct that may result in death, harm or injury, made in relation to a service provider’s organisation, staff, subcontractors or volunteers;

iv.  allegations of unlawful or criminal activity, made in relation to a service provider’s organisation, staff, subcontractors or volunteers; and

v.   a serious fire, natural disaster, accident or other incident which will or is likely to prevent service provision, or which results in closure or significant damage to premises or property, or which poses a significant threat to the health and safety of service users, staff, subcontractors or volunteers.

 

See Section 5.1.9 of the Commonwealth HACC Program Manual 2012 for more specific details.

 

Procedures:

7.8.1

If a serious incident occurs as a result of, or during, the delivery of Commonwealth HACC services, staff must:

a)   Respond to the immediate needs of the individual

b)   Re-establish a safe environment;

c)   Immediately advise the Coordinator or most senior staff member available

d)   The Coordinator will advise the staff member of further actions to be taken eg Call 000 or the Police

e)   The Coordinator is responsible to immediately notify the Department of Social Services in writing. The Coordinator must make this notice to the Department within 24 hours of the incident occurring or within 24 hours of the Coordinator becoming aware of the incident.

f)    The Coordinator will document the incident in the client file.

g)   The Coordinator will also record the incident in the Accident and Incident register and log the details in the Risk Register if there is potential for recurrence.

h)   Actions, outcomes and any amendments to Policies and Procedures will be recorded in the Continuous Improvement Log.

i)    Staff (employees and volunteers) will be advised of any changes to procedures and relevant education provided.

 

(Also refer to this requirement being set out in clause 35 of the Aged Care Funding Agreement. In addition, the specific requirements for notices made under the Aged Care Funding Agreement are set out in clause 50.)

 

7.8.2 Death of a Client

Procedure:

a)   If staff (employee or volunteer) of the HACC Service are the first on the scene of the death of a service user, they will:

i.    Call 000 and report the death to the Police

ii.    Do not move, or even touch the service user

iii.   Notify the office on 63 441 199

iv.  Wait for the police or ambulance to arrive

v.   Office staff will then organise someone to take over any further work duties the staff member involved may have (ie other service user appointments, delivering meals, library book delivery)

vi.  Staff are expected to assist police with inquiries if required

b)   At all times the decisions of the bereaved family will be respected as will any cultural or religious beliefs and practices of the service user and/or his or her family.

 

b)   The Coordinator (in consultation with the Community Services Manager) will assess whether this event requires notification to the Department of Social Services as a ‘serious incident’. If so, the Coordinator will notify the Department within 24 hours of the event occurring or within 24 hours of the Coordinator being made aware of the incident.

c)   Following the incident:

i.    The Staff member (employee or volunteer) and Coordinator will write an incident report or, if the incident takes place outside of Canowindra the volunteer will contact the Health Centre, the hospital or the committee member who represents the town where the incident occurred. In this instance these two people will write a report of the incident and send it to the HACC office as soon as possible.   In all cases the Coordinator or most senior staff member at the HACC office should be notified.

ii.    The incident report will then be forwarded to Council on the day it is received

iii.   As with any traumatic incident, informal debriefing or formal counselling will be offered to the staff member involved

iv.  The staff member involved may be assisted or supported to attend the funeral if this is the wish of the staff member.

 

7.8.3 Support for staff following a serious incident

a)   Following the death of a service user, bereavement support will be offered to the staff involved. Support from a bereavement counselling service will be sought if necessary.

b)   Carers who receive support from the Cabonne HACC Services will not be denied service provision because the service user has died or has moved into residential aged care. Carers will receive support during the grieving period and assisted to find ongoing support services if required.

 

8. Suspected abuse of service users and / or carers

 

Policy:

This policy has been developed to:

·    Provide all staff (paid and unpaid) with guidelines for identifying and responding to these situations

·    Clarify the roles of the service in responding to these situations

·    Clarify the type and range of responses that can be provided to victims of abuse

 

 

a)   Introduction & Background

The term ‘elder abuse’ was adopted in the 1980s to describe family violence situations involving older people, and is still used in many countries. The definition was adopted from the Australian Network for the Prevention of Elder Abuse (ANPEA): Any act occurring within a relationship where there is an implication of trust, which results in harm to an older person. Abuse may be physical, sexual, financial, psychological, social and / or neglect. (ANPEA 1999).

 

Elder abuse is a complex issue, which can challenge views about the nature of families and the status of older people in out community. In many cases, both the victim and perpetrator may not be aware that what is occurring is abuse.

 

HACC recognizes that abuse of service users and their carers does exist in the community and that, in the course of work, staff (paid or unpaid) may encounter suspected or actual abuse situations involving services users and carers.

 

HACC will ensure that services users, carers and volunteers are protected from abuse if possible. It is the right of every individual to be safe in their own home.

 

b)   Definitions

Abuse as it is used throughout this Policy refers to sexual assault, physical, emotional and financial abuse, domestic violence, and neglect.

 

Abuse is the willful or intentional harm caused to an individual by another person with whom they have a relationship implying trust.

 

There are different categories of abuse and each specific type has different contributing factors. These are:

·    Financial or material abuse – the illegal or improper use of a persons property or finances

·    Emotional abuse – includes verbal assaults, threats or maltreatment, harassment, humiliation or intimidation, or failure to interact with a person or to acknowledge the persons existence

·    Physical abuse – the infliction of physical pain, injury or physical coercion

·    Sexual assault and abuse – sexual assault and abuse includes a range of offences including rape, indecent assault and sexual harassment. It also includes sexually exploitative or shaming behavior, such as leaving an aged person undressed

·    Domestic violence – violence, abuse and intimidation perpetrated by one person against another in a personal, intimate relationship. Occurs between two people where on has power over the other causing fear, physical and / or psychological harm

·    Social abuse – the forces isolation of older people, restricting or stopping social contact with others, including attendance at social activities

·    Neglect – failure of a service or carer to provide the necessities of life to a person for who they are caring for which has a detrimental effect of the older person’s health and / or welfare. This include failing to provide adequate food, shelter, clothing, medical or dental care, hygiene, and failure to medicate or over-medicate.

 

 

c)   Principles

The following principles are to be observed by HACC staff (paid and unpaid) in relation to elder abuse.

 

i.    Prevention

HACC acknowledges that prevention is the best protection from abuse.

 

Effective prevention strategies will include recruitment screening process to protect service users from exposure to individuals who have a history of harming vulnerable people. By ensuring both paid and unpaid staff is adequately screened, HACC can maximize the chances of employing suitable individuals to work with vulnerable service users.

Prevention strategies will include

·    Clear expectations regarding behaviors towards service users included in Position Descriptions

·    References provided by applicant will be thoroughly checked

·    Criminal record checks will be processed on all applicants before employment commences

·    Induction and ongoing training sessions will be conducted, which will include:

Inappropriate treatment of service users

Identifying the risk factors for abuse

Service Code of Conduct

Service users Rights and Responsibilities

                  

Protection of service users and prevention of harm will be enhanced by fostering an organizational culture that actively encourages and supports service users and their carers to access complaint mechanisms and raise concerns about service delivery. This includes ensuring service users have the opportunity to express their needs positively.

 

ii.   Detection

Suspected and / or actual abuse situations may be detected by staff (paid or unpaid) in a number of ways:

·    Observing signs and changes in a service user or carers status that may indicate an abuse situation

·    Observing signs and change in a service user or carers behavior that my indicate and abuse situation

·    Witnessing an incident of abuse involving the service user and / or carer

·    Noticing a home environment that is hazardous to a service users and / or carers health, or where there is evidence of neglect

·    Disclosure of abuse by service user or carer

 

 

 

d)   Intervention Principles and Procedure

i.    Principles

The following principles will apply wherever HACC identifies a case of abuse:

·    Victims will be encouraged and assisted to make their own decision, and be provided with information about all relevant options including the right of service refusal

·    Intervention will be victim focused with a view of ensuring safety

·    Victims of abuse should be offered protection only through legal remedies

·    Assault and other forms of abuse are criminal offences

·    Confidentiality of information is to be respected

·    The desire of the victim for an independent advocate of their own choice will be respected

 

ii.   Procedure

The following procedure will be used in cases of suspected or actual abuse:

·    The staff member (paid or unpaid) who is the first to identify the abuse situation will discuss the situation with the Coordinator

·    The staff member will pass on all relevant information and complete part of the Identification of Abuse Form. The staff members will be offered support and debriefing.

 

 

e)   Duty of Care, Privacy and Confidentiality

HACC has a duty of care to its services users and carers who may be affected by the service’s action or inaction. This duty of care refers not only to the actions of staff, but also to advice which they give, or fail to give.

In the case of abuse, confidentiality is between the service user and / or carer and HACC, not the individual staff member (paid or unpaid). The staff member who identifies the symptoms of abuse will not discuss the suspected abuse with anyone other than the Coordinator, or in the Coordinator’s prolonged absence, the Community Services Manager. An exception to this would be if the threat of danger is physical and imminent, then, as duty of care, the staff identifying the abuse should contact the Police immediately. The Coordinator should be informed of this outcome as soon as practical.

 

The services and carer has the right to decide what personal information is to be revealed to another organisation. Failing that, the service user / carer needs to be aware that confidentiality cannot be maintained in some circumstances.

 

Circumstances where a service users / carers confidentiality may be over-ridden include:

·    There is an obligation not to conceal a completed or intended crime

·    Disclosure may be required when in a person’s interest i.e. the person may be suicidal

·    There may be a duty of care to warn a third party who may be in danger

 

f)    Supporting Staff

HACC is committed to the provision of information and training on abuse issues and on-going support for those who encounter abuse situations involving service users or carers.

HACC will:

·    Inform all paid an unpaid staff of agency policy and procedure to be followed in cases of suspected or actual abuse situations involving service users or carers

·    Make a copy of this policy available to all paid and unpaid staff on request

·    Ensure that training is available by offering information sessions as required

·    Offer on-going support, supervision and debriefing to all staff (paid and unpaid) who have encountered abuse situations

·    It is the responsibility of the Community Services Manager to negotiate and implement a suitable support method for the Coordinator when and if needed

 

 

9. Disaster and Recovery

 

Policy:

Cabonne HACC Service will have a Disaster/Emergency Plan to ensure quality service to users is not disrupted in time of emergency and that the safety of service users, staff (employees and volunteers) and equipment is protected.

 

As the Cabonne HACC service is not an emergency service provider this plan will focus on securing rather than rescuing

 

Procedures:

9.1 The Securing of Service User and Volunteer Data

a)   Each service user will be allocated a code number

b)   The service user data base will be protected with an access code

c)   All current service users records will be entered onto the data base

d)   All new service user data will be entered onto the data base as soon as possible after being received

e)   All service user minimum data will be filed in hard copy

f)    A back up of all information will be occur weekly

g)   The back up of information will be kept off premises in a secure place

h)   A copy of the volunteer register will be held with the service user data

 

 

9.2 The Securing of Service Policies

a)   Each Joint Advisory Committee member will have a current hard copy of the policy and procedure manual

b)   A hard copy of the policies and procedures will be kept in the Home and Community Care office

c)   The policies and procedures will be stored in the computer

d)   A back up disk will be kept in a fire-proof container in the strong room

e)   Cabonne Council will hold a soft copy of the policies and procedures

f)    The HACC Office will be locked when staff vacate the premises

 

9.3 The Securing of Equipment

a)   All equipment will be entered onto an equipment register

b)   All equipment will be fully insured

c)   Provision will be made in the budget for asset replacement

d)   The HACC Office will be locked when staff vacate the premises

 

9.4 Protection of People in the HACC Service Rooms

a)   A roll will be compiled of all attendees at the beginning of each session

b)   Staff will be responsible for maintaining the roll and for its safe removal from the premises

c)   The Exit Plan will be explained at the beginning of each session

d)   An Exit Map will be prominently displayed. The map will detail the location of Fire Extinguishers, Fire Blankets and Meeting Points

e)   First Aid Kits will be well signed

f)    Fire Extinguishers, First Aid Kits, Universal Precautions Kits and Fire Blankets will be regularly inspected and updated as required

 

9.5. Recovery Plan

To ensure that services will return to normal as soon as possible, prescribed procedures will be followed:

a)   Council will be informed of the disaster and the extent of damage, if known

b)   Council will provide assistance in acquiring premises and setting up a temporary office

c)   The insurance company will be informed of damage

d)   All information that has been lodged with Council for safety will be obtained

e)   Service users and volunteers will be informed of any interruptions to service provision

f)    Alternative sources of service provision will be investigated if the disruption is expected to be lengthy.

g)   Service provision will be resumed as quickly as possible

 

10. Use of Equipment and Vehicles

10.1 Register of Equipment and Training

a)   A register of all equipment will be kept up-to-date

b)   The WHS Policy must be followed when operating any equipment 

c)   The Coordinator will arrange for the provision of appropriate training for any staff member who is inexperienced in the use of any equipment

d)   The Coordinator will arrange appropriate training as required (eg new equipment) to update staff on the use of equipment.

10.2 Photocopier

The purpose of the photocopier is for the use of Cabonne HACC Service administration.

a)   Office staff only may use the photocopier

b)   Service use cost is borne by the project

c)   All other photocopying must be paid for as per the Council Fees and Charges Policy

10.3 Laminator

a)   The purpose of the laminator is for the use of Cabonne HACC Service administration.

b)   The laminator may only be used by office staff for the administration of the service unless otherwise negotiated with the Coordinator at an appropriate cost.

10.4. Computers and Internet Access

a)   The Computers owned by the Cabonne HACC Service may only be used by staff of the service.

b)   Personal use of Internet access is limited and should not interfere with work related duties. This must be in accordance with established Council Policies.

10.5 Fax

The purpose of the fax machine is for the use of the Cabonne HACC service administration.

a) Office staff only may use the fax.

b) Service use cost is borne by the project.

c)   All personal use of the fax must be paid for at the cost as set by Cabonne Council

10.6 Telephones

a)   Only office / Council staff, or people authorised by an employee may use the office telephones

b)   Service use cost is borne by the program

c)   Use of the lines for personal calls should be kept to a minimum and not interfere with work related duties

d)   All personal STD calls are to be paid for at standard rates

 

10.7 Mobile Phones

Staff (employees and volunteers) will have access to a mobile phone while driving the Home and Community Care vehicles and are engaged in service work.

The Cabonne Home and Community Care Service will abide by the Council Mobile Phone Policy (3.10.2007) with the following amendments and expansions:

a)   In 7.2.1.2 The standard greeting does not apply but will reflect the actual service involved and the contact phone number will be 02 63 441 199

b)   In 7.2.3.3 the suffix does not apply. The phone based in the Home and Community Car Service vehicle is only used for service calls. The coordination phone will be accounted each month against the users mobile phone account

c)   All staff (employees and volunteers) that use the Home and Community Care vehicles will be trained in the use of the mobile phone. This will form part of the orientation pack for new staff members (paid and unpaid)

d)   A short list of emergency contact phone numbers will be kept with the mobile phones

e)   The office phone number is pre-programmed into the Home and Community Care mobile phones

f)    The mobile phone is recharged regularly by Home and Community Care office employees to ensure reliability of service in the event of a safety issue or emergency occurring  

10.8 Freezers

a)   The purpose of the freezers is to hold frozen meals for the Frozen Meal Service. They should be used exclusively for that purpose.

b)   Any other use must be negotiated with the Coordinator.

 

10.9 Loan of Equipment

Service users may access equipment if assessed as needing this service

11  Vehicle Management.

a)   The use of all vehicles is subject to Council’s Motor Vehicle Management Policy.

b)   The service vehicles may only be used for service-oriented work and not for private use with the exemption of the vehicle under leaseback conditions

c)   One vehicle will be used primarily for the Coordination of the service

d)   One vehicle will be used primarily for Home and Community Care and the Community Visitor Scheme service provision and may be used by staff for activities related to the position

e)   A register of vehicles must be kept up-to-date and held by Council

f)    Staff (employees and volunteers) who drive a service vehicle must have an appropriate current drivers licence

g)   Vehicles are locked at all times when unattended

h)   Vehicles are cleaned on a regular basis by the contracted cleaner

i)    Required servicing and maintenance is carried out by qualified Council staff at the Cudal or Molong depots

j)    Fuel, oil and tyre pressure are regularly checked

k)   Petrol is purchased from the assigned depot and accounted against the appropriate vehicle job number using the HACC Fuel Card

l)    Should petrol need to be purchased away from this point, an application for reimbursement will made to Council and reimbursement made when a Tax Invoice is presented

m)  If the vehicle is damaged, this must be reported to the HACC office as soon as possible

n)   When vehicles are in use a Council Log Sheet will be kept and submitted to Council at the end of each two-week period by the Food Services Officer

o)   A first aid kit will remain in the vehicle. This kit will be updated and items renewed as necessary

p)   Emergency telephone numbers are available in the vehicle.

q)   A vehicle safety check sheet will be filled in by the cleaner and drivers encouraged to check this form prior to each trip

r)    An incident/accident reporting form must be kept in the vehicle                   

s)   Smoking is not permitted in HACC Service vehicles

 

11.1 Motor Vehicle Accident 

Any staff member (employee or volunteer) who has a car accident while driving a project vehicle should follow the endorsed Council Motor Vehicle Management Policy. A summary of this policy is kept in car glove box.

 

12 Annual Presentation of Data

12.1 Reporting to the Department of Social Services – as the funding body

·    Submission of First Quarterly HACC MDS Report – no later than 25 October

·    Submission of Second Quarterly HACC MDS Report – no later than 25 January

·    Submission of a Progressive Output Variation Report – due 31 March

·    Submission of Third Quarterly HACC MDS Report – no later than 25 April

·    Submission of Final Quarterly HACC MDS Report – no later than 25 July

·    Submission of Annual Output Variation Report for 12 month period – due 30 September

·    Submission of Annual Financial Accountability Report for 12 month period – due 30 September

 

12.2 Ongoing monitoring of the service will occur through numerous mechanisms:

a)   The Coordinator will report to every meeting of the Joint Advisory Committee. This Report will report against the Service / Operational Plan, Strategic Plan, the budget; Risk Management, Continuous Improvement, service outputs, progress against estimated outputs and other items as listed in the template for the Coordinator’s report to the Committee.

b)   The Coordinator will report regularly to the Community Services Manager. This report will cover all the above items and any other issues that may affect service outputs and/or service quality.

c)   The Coordinator will provide a report to each meeting of the Community Services Committee – using the abovementioned template.

d)   Joint Advisory Committee Meeting Minutes will be submitted to Council.

12.3  Annual Report

A detailed annual report will be presented at the Joint Advisory Committee Annual General Meeting and submitted to Council.

This Report will include but is not limited to:

a)   Statistics of the services provided including number of service users; basic demographic information regarding service users’ profile; outputs in comparison with estimated outputs and any other data that the Coordinator see relevant to the Report.

b)   Progress against the Strategic Plan and the Operational Plan.

c)   A general summary of the variety of services provided

d)   Summary of the feedback from service users and other stakeholders regarding satisfaction with the services

e)   Review of Risk Management; Continuous Improvement activities

f)    The data and information from the Annual report will be used to inform the development of the Annual Service Plan and the review of the Strategic Plan

 

13. Feedback

(See Continuous Improvement)

a)   Feedback will be sought from service users, carers and other stakeholders including but not limited to community members, other service providers, representatives from special needs groups including CALD communities, ATSI communities, ageing people with a disability

b)   Service users are encouraged to provide formal feedback through surveys, focus groups, and at time of reassessment.

c)   Informal feedback from service users will be gathered verbally. This will be recorded and given to the Coordinator.

d)   Feedback in various formats will be sought from volunteers and employees.

e)   Feedback will be sought from other Service Providers  by questionnaire at least tri-annually

f)    The Coordinator will collate and analyse the feedback. This information will be included in the Coordinator’s Reports to the Joint Advisory Committee and the Community Services Committee.

g)   The Coordinator will utilise the information from feedback to inform the service planning and development processes and the continuous improvement activities throughout the year.

h)   The Coordinator will annually evaluate and review the feedback processes to ensure that:

i.    Stakeholders (especially service users, carers and their representatives) are given every opportunity to provide feedback (both positive and negative)

ii.    The feedback is collated and analysed appropriately

iii.   The information from the feedback is used to improve service quality and to meet the changing needs of the service users and carers.

iv.  Policies and Procedures are amended as appropriate, in response to feedback.

v.   Employees and volunteers are advised of changes and provided with the relevant education.

 

 

14. Statistics

A variety of statistics will be recorded, collated, analysed and used to inform Continuous Improvement activities and the development of the Strategic Plan and the Operational Plan.

The data that is collected will include but is not limited to:

a)   Number of service users

b)   Number of people refusing the service and reasons why

c)   Number of people who have been refused a service and why

d)   Number of people on the waiting list over the year and waiting times experienced by potential service users

e)   Identified gaps in the service

f)    Identified unmet needs of the target group

g)   Feedback folder (complaints, compliments and suggestions) including actions, outcomes, evaluations of the resolution and continuous improvement actions arising from the feedback

h)   Feedback from employees, volunteers and other stakeholders.

i)    Analysis of the Accidents / Incidents Register; Risk Register and Risk Management Plan; Continuous Improvement Plan and Log

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Section 2 – Service Users Service  Management

 

Contents

 

Eligibility                                                                                                 2

Equity of Access                                                                                             2

Service users with Special Needs                                                                         3

Assessment                                                                                                     4

Referral Processes                                                                                         6

Care Planning                                                                                       7

When a Service user does not respond to a scheduled visit or service                   7

Reassessment and Service Review                                                           8

Appeal                                                                                                     9

Prioritising Need                                                                                             9

Waiting List                                                                                                      10

Fees                                                                                                         11

Ceasing Services for Service Users                                                            12

Information Provision                                                                            15

Complaints                                                                                                      17

Suspected Abuse of Service Users                                                             20

Service Users Rights and Responsibilities                                                20

Privacy Confidentiality and access to personal information                             20

Advocacy                                                                                                25

Effective Management                                                                                   26

Continuous Improvement                     &nbs