cabonne Council colour 200 wide

 

 

 

 

 

 

 

 

18 February 2016

 

 

NOTICE OF ORDINARY COUNCIL MEETING

 

Your attendance is respectfully requested at the Ordinary Meeting of Cabonne Council convened for Tuesday 23rd February, 2016 commencing at 2.00pm, at the Cabonne Council Chambers, Bank Street, Molong to consider the undermentioned business.

 

 

 

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 – FEBRUARY 2016 COUNCIL MEETING

 

 

2.00pm

Toby Parry – Youth of the Month

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

 

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 23 February, 2016

Page 1

TABLE OF CONTENTS

 

 

 

ITEM 1      APPLICATIONS FOR LEAVE OF ABSENCE................................. 6

ITEM 2      DECLARATIONS OF INTEREST...................................................... 6

ITEM 3      DECLARATIONS FOR POLITICAL DONATIONS.......................... 7

ITEM 4      MAYORAL MINUTE - APPOINTMENTS.......................................... 8

ITEM 5      COMMITTEE OF THE WHOLE.......................................................... 8

ITEM 6      GROUPING OF REPORT ADOPTION.............................................. 9

ITEM 7      CONFIRMATION OF THE MINUTES.............................................. 10

ITEM 8      AUSTRALIA DAY AWARDS COMMITTEE MEETING................ 11

ITEM 9      INTEGRATED PLANNING & REPORTING TIMETABLE.......... 11

ITEM 10    TRAFFIC COMMITTEE MINUTES AND AGENDA...................... 12

ITEM 11    MERGER PROPOSAL - COUNCIL SUBMISSION....................... 16

ITEM 12    2016 AUSTRALIAN LOCAL GOVERNMENT WOMEN'S ASSOCIATION (NSW) ANNUAL CONFERENCE.................................................................. 17

ITEM 13    EXPENDITURE REVIEW.................................................................. 18

ITEM 14    RESCISSION MOTION - ITEM 5 JANUARY 19 EXTRAORDINARY COUNCIL MEETING 2016.................................................................................... 19

ITEM 15    NSW GOVERNMENT LEGISLATIVE REFORM........................... 21

ITEM 16    INTEGRATED PLANNING & REPORTING - OPERATIONAL PLAN 2ND QUARTER REVIEW................................................................................................. 23

ITEM 17    COMPLAINTS MANAGEMENT - DRAFT COMPLAINTS HANDLING POLICY  24

ITEM 18    DECEMBER QUARTERLY BUDGET REVIEW........................... 26

ITEM 19    SENIORS FESTIVAL.......................................................................... 27

ITEM 20    EVENTS ASSISTANCE FUNDING PROGRAM 2015/2016....... 28

ITEM 21    ATTENDANCE OF CABONNE COUNCIL DELEGATES AT THE 2016 LOCAL GOVERNMENT TOURISM CONFERENCE.................................. 32

ITEM 22    LITTLE RIVER LANDCARE GROUP - REQUEST FOR FUNDS FROM 2015/16 BUDGET............................................................................................... 33

ITEM 23    REPLACEMENT OF THE HACC BUILDING ROOF.................... 34

ITEM 24    GRAVEL RESHEETING PROGRAM 2015-2016.......................... 36

ITEM 25    CANOWINDRA STORMWATER MAINTENANCE....................... 37

ITEM 26    SEWER MAIN EXTENSION SUBSIDY........................................... 39

ITEM 27    UNSEALED LANES IN CANOWINDRA......................................... 40

ITEM 28    CUDAL MEMORIAL PARK............................................................... 41

ITEM 29    DRAFT POLICY - ASBESTOS......................................................... 43

ITEM 30    DA 2016/024 - ANIMAL BOARDING AND TRAINING ESTABLISHMENT - LOT 2 DP 773981, 1321 PEABODY ROAD, MOLONG................................... 44

ITEM 31    SECTION 68 2016/2045 LOT 1 DP 1089570 CARTY'S LANE, MANILDRA         46

ITEM 32    MODIFICATION TO DA 2015/0149 LOT 361 DP 1193438, BURRENDONG WAY, MULLION CREEK - RELOCATION OF APPROVED DWELLING SITE AND RECONFIGURATION OF APPROVED FLOOR PLAN................ 49

ITEM 33    MODIFICATION TO DA 2015/0012 CELLAR DOOR PREMISE AND AMENITIES BLOCK ON LOTS 100 & 102 DP1031436, 1034 THE ESCORT WAY, BORENORE  58

ITEM 34    EXEMPTION TO THE ALCOHOL PROHIBITED AREA AND ALCOHOL FREE ZONE FOR THE VILLAGE GREEN, MOLONG FOR AN APPROVED EVENT - 100 MILE DINNER................................................................................................. 73

ITEM 35    DA 2014/0169 DWELLING ON LOT 1 DP 859712, LONG ROAD, LIDSTER        74

ITEM 36    DA 2016/0082 PROPOSED DWELLING ON LAND DESCRIBED AS LOT D DP 361332, PARISH OF BENEREE, SPRING TERRACE................ 85

ITEM 37    DA 2016/0081 DWELLING ON LAND DESCRIBED AS LOT E DP 361331, PARISH OF BENEREE, SPRING TERRACE ..................................................... 94

ITEM 38    DA 2016/91 FOR A DWELLING UPON LOT 103 DP 506141 AND LOT 106 DP 590978 CLUBHOUSE LANE, MOLONG .................................................... 103

ITEM 39    QUESTIONS FOR NEXT MEETING............................................. 111

ITEM 40    BUSINESS PAPER ITEMS FOR NOTING................................... 111

ITEM 41    MATTERS OF URGENCY.............................................................. 112

ITEM 42    COMMITTEE OF THE WHOLE SECTION OF THE MEETING 113

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      ACACIA LODGE AGED UNITS

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

ITEM 6      WATER SEWER ACCOUNT 4644000004 WRITE OFF UNRECOVERABLE COSTS

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

ITEM 7      WATER ACCOUNT 4470100001 REQUEST FOR CONSIDERATION OF COSTS

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

ITEM 8      LEASE OF MOLONG LIMESTONE QUARRY

(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 9      HEAVY PATCHING CONTRACT

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

ITEM 10    PROVISION FOR TRAFFIC CONTROL SERVICES CONTRACT

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

ITEM 11    PUZZLE FLAT CREEK LEVEE - LAND ACQUISITION

(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 12    SECTION 18A WEEDS NOTICES

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

ITEM 13    SECTION 18 WEEDS NOTICES

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

 

ANNEXURE ITEMS

 

ANNEXURE 7.1    December 15 2015 Council minutes.................. 114

ANNEXURE 7.2    January 19 2016 Extraordinary Council minutes         125

ANNEXURE 8.1    December 15 2015 Australia Day Committee report of      131

ANNEXURE 10.1 Traffic Committee 26 Nov 15 Minutes............. 134

ANNEXURE 10.2 Traffic Committee 26 Nov 15 Agenda & Reports   140

ANNEXURE 12.1 2016 Gunnedah Program......................................... 156

ANNEXURE 15.1 Explanatory paper proposed phase 1 amendments 164

ANNEXURE 16.1 IPR 2015/16 2nd Quarter Review........................... 196

ANNEXURE 17.1 draft Complaints Handling Policy................ 242

ANNEXURE 18.1 December 2015 Quarterly Budget Review. 257

ANNEXURE 22.1 LRLG Financial report............................................. 269

ANNEXURE 23.1 Tender Evaluation- HACC Building Roof Replacement     303

ANNEXURE 26.1 Sewer Policy................................................................. 304

ANNEXURE 26.2 Sewer Main Extension to Lots 1 to 4 Kite St Molong - Request for subsidy payment................................................ 318

ANNEXURE 26.3 Traves - Request for Refund on DA2015-119 325

ANNEXURE 26.4 Engineering Referral for Proposed  3 Lot Subdivision  DA 2015-119............................................................................... 329

ANNEXURE 27.1 Walker Service Request - Ryall street,canowindra, Bates,Dirt roads ....................................................... 333

ANNEXURE 29.1 Draft Asbestos Policy........................................... 335

ANNEXURE 29.2 Draft Asbestos Policy Plan February 2016 339

ANNEXURE 32.1 DA 2015/0149 Modification Draft Conditions 411

ANNEXURE 34.1 Orange Food Week - Lifting of the Alcohol Restrictions for the Village green - Mon 11 April 2016............. 418

ANNEXURE 38.1 Draft Conditions of Consent 2016 91............. 419 

 


 

 

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 - 718675

 

 

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.

 

Please note that guidelines have been issued under Section 23A of the Local Government Act titled “Council decision making during merger proposal periods”. Council must consider the guidelines in relation to each decision they make during the proposal period, this matter is of an ongoing nature and it is considered it complies with the guidelines.

 

 

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 - 718676

 

 

Recommendation

 

THAT the Declarations of Interest be noted.

 

General Manager's REPORT

 

A call for Declarations of Interest.

 

Please note that guidelines have been issued under Section 23A of the Local Government Act titled “Council decision making during merger proposal periods”. Council must consider the guidelines in relation to each decision they make during the proposal period, this matter is of an ongoing nature and it is considered it complies with the guidelines.

 

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 - 718677

 

 

Recommendation

 

THAT any Political Donations be noted.

 

General Manager's REPORT

 

A call for declarations of any Political Donations.

 

Please note that guidelines have been issued under Section 23A of the Local Government Act titled “Council decision making during merger proposal periods”. Council must consider the guidelines in relation to each decision they make during the proposal period, this matter is of an ongoing nature and it is considered it complies with the guidelines.

 

 

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 - 718678

 

 

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.

 

Please note that guidelines have been issued under Section 23A of the Local Government Act titled “Council decision making during merger proposal periods”. Council must consider the guidelines in relation to each decision they make during the proposal period, this matter is of an ongoing nature and it is considered it complies with the guidelines.

 

 

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 - 718679

 

 

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. 

 

Please note that guidelines have been issued under Section 23A of the Local Government Act titled “Council decision making during merger proposal periods”. Council must consider the guidelines in relation to each decision they make during the proposal period, this matter is of an ongoing nature and it is considered it complies with the guidelines.

 

 

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 - 718680

 

 

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.

 

Please note that guidelines have been issued under Section 23A of the Local Government Act titled “Council decision making during merger proposal periods”. Council must consider the guidelines in relation to each decision they make during the proposal period, this matter is of an ongoing nature and it is considered it complies with the guidelines.

 

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.  December 15 2015 Council minutes

2.  January 19 2016 Extraordinary Council minutes    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - MINUTES - 2015 - 718681

 

 

Recommendation

 

THAT the minutes of the Ordinary meeting held 15 December 2015 and the Extraordinary meeting held 19 January 2016 be adopted.

 

General Manager's REPORT

 

The following minutes are attached for endorsement.

 

1.   Minutes of the Ordinary Council meeting held on 15 December 2015; and

2.   Minutes of the Extraordinary Council meeting held on 19 January 2016.

 

Please note that guidelines have been issued under Section 23A of the Local Government Act titled “Council decision making during merger proposal periods”. Council must consider the guidelines in relation to each decision they make during the proposal period, this matter is of an ongoing nature and it is considered it complies with the guidelines.

 

ITEM 8 - AUSTRALIA DAY AWARDS COMMITTEE MEETING

REPORT IN BRIEF

 

Reason For Report

Adoption of Australia Day Awards Committee Recommendations.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

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

Annexures

1.  December 15 2015 Australia Day Committee report of    

File Number

\OFFICIAL RECORDS LIBRARY\RECREATION AND CULTURAL SERVICES\EVENTS MANAGEMENT\AUSTRALIA DAY 2016 - 718682

 

 

Recommendation

 

THAT the report and recommendations of the Australia Day Awards Committee Meeting of Cabonne Council held on 15 December, 2015 be adopted.

 

Administration Manager's REPORT

 

Attached is the report of the Australia Day Awards Committee Meeting of Cabonne Council held on 15 December, 2015 for Council’s adoption.

 

Please note that guidelines have been issued under Section 23A of the Local Government Act titled “Council decision making during merger proposal periods”.  Council must consider the guidelines in relation to each decision they make during the proposal period, this report relates to a matter of an ongoing nature and it is considered it complies with the guidelines.

 

ITEM 9 - INTEGRATED PLANNING & REPORTING TIMETABLE

REPORT IN BRIEF

 

Reason For Report

To advise on required changes to Council meeting dates due to Operating Plan advertising requirements.

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\CORPORATE MANAGEMENT\PLANNING\INTEGRATED PLANNING AND REPORTING 2015 - 734251

 

 

Recommendation

 

THAT Council hold extraordinary meetings on 12 April, 10 May and 14 June 2016 as required under the Integrated Planning & Reporting process.

 

Director of Finance and Corporate Services' REPORT

 

Council staff are progressing with the draft Operational Plan and Budget for the 2015/16 year and at this stage it is anticipated that councillors will be provided with a copy of the draft budget on the March Council meeting day.

 

In order to consider the draft budget, Council needs to hold an extraordinary meeting on 12 April 2016. Copies of the draft Operational Plan and associated documentation should be available for councillors at the April Council meeting.

 

In order to consider the draft Operational Plan and associated documentation, Council needs to hold an extraordinary meeting on 10 May 2016, at that time Council will resolve to advertise the draft plan inviting submissions.

 

In order to consider the submissions received, Council needs to hold an extraordinary meeting and allow 28 days for advertising. It is proposed that Council conduct an extraordinary meeting on 14 June 2016 to consider any submissions received.

 

Council will then consider/adopt the final plan at the 28 June 2016 Council meeting.

 

Please note that guidelines have been issued under Section 23A of the Local Government Act titled “Council decision making during merger proposal periods”.  Council must consider the guidelines in relation to each decision they make during the proposal period, this report relates to a matter of an ongoing nature and it is considered it complies with the guidelines.

 

ITEM 10 - TRAFFIC COMMITTEE MINUTES AND AGENDA

REPORT IN BRIEF

 

Reason For Report

For council to determine the recommendations from the Traffic Committee meeting held 26 November 2015.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

1.1.2.a. Implement Roads & Maritime Services road safety program

Annexures

1.  Traffic Committee 26 Nov 15 Minutes

2.  Traffic Committee 26 Nov 15 Agenda & Reports    

File Number

\OFFICIAL RECORDS LIBRARY\TRAFFIC AND TRANSPORT\PROGRAMS\ROAD AND TRAFFIC SAFETY - 734139

 

 

Recommendation

 

THAT the recommendations of the Traffic Committee held November 26 2015 as outlined in the report be adopted.

 

Acting Technical Services Manager's REPORT

 

Attached are the agenda and the minutes of the Traffic Committee meeting held 26 November 2015. The items addressed and their associated recommendations are as follows:

 

ITEM 3. Signage at Cadia Mine main site access

THAT the installation of a stop sign and central median be advised as the preferred option.

 

ITEM 4. Speed reduction on approaches to Cadia Mine access roads (80 km/h)

THAT the application is denied.

 

ITEM 5. Change of Intersection Priority – Waldegrave Road and Western Long Swamp Road

THAT Council change priority flow of the intersection by:

1.      Removing the current ‘Give Way’ sign from the Woodville Road          approach;

2.      Installing ‘Give Way’ signs on the Waldegrave Road and Western Long      Swamp Road approach;

3.      Installing advanced warning signage on the Long Swamp Road         approach from the Western side of the intersection; and

4.      Temporarily installing ‘changed traffic conditions ahead’ signage

 

ITEM 6. Bank St Molong Parking Time Restrictions

THAT no action be taken on this matter at this time.

 

ITEM 7. Horse Signage at Mandagery Creek Bridge, Eugowra

THAT no action be taken on this matter at this time.

 

ITEM 8. Change of Bus Stop Location – From Bournewood Church Road to Old Yullundry Road

THAT Council support this application.

 

ITEM 9. Camp Quality Tractor Trek

THAT Council approve the request subject to:

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

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

3.      Written approval being obtained from NSW Police

4.      Written approval being obtained from all affected Local Government   Authorities

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

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

 

ITEM 10. Orange Cycle and Triathlon Club

THAT Council approve the request subject to:

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

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

3.      Written approval being obtained from NSW Police

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

5.      Council being provided with an updated copy of the $20M public liability    insurance policy indicating Cabonne Council’s interests, with the date         and location of the event

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

7.      The event organiser notify Council of any incidents or near misses that      occur during the event

 

ITEM 11. Live Life Live Event

THAT the Committee approve the request subject to:

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

2.      Council being provided with an updated copy of the $20M public liability    insurance policy indicating Cabonne Council’s interests, with the date         and location of the event

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

 

ITEM 12. Masters Cycling Event

THAT the Committee approve the request subject to:

1.      Modifying rear vehicle signage to say ‘only overtake when safe to do so’

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

3.      NSW Road Rules being observed by participants at all times

4.      Written approval being obtained from NSW Police

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

6.      Council being provided with an updated copy of the $20M public liability    insurance policy indicating Cabonne Council’s interests, with the date         and location of the event

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

8.      The event organiser notify Council of any incidents or near misses that      occur during the event

 

ITEM 13. Mill 2 Mill Charity Bike Ride

THAT Council forward the request to the RMS, and approve the request subject to:

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

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

3.      Written approval being obtained from NSW Police

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

5.      Council being provided with an updated copy of the $20M public liability    insurance policy indicating Cabonne Council’s interests, with the date         and location of the event

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

7.      The event organiser notify Council of any incidents or near misses that      occur during the event

 

ITEM 14. Newcrest Orange Challenge

RTHAT Council approve the request subject to:

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

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

3.      Written approval being obtained from NSW Police

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

5.      Council being provided with an updated copy of the $20M public liability insurance policy indicating Cabonne Council’s interests, with the date and location of the event

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

7.      The event organiser notify Council of any incidents or near misses that occur during the event

 

ITEM 15. Pig Push

THAT Council forward the request to the RMS, and approve the request subject to:

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

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

3.      Written approval being obtained from NSW Police

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

5.      Council being provided with an updated copy of the $20M public liability insurance policy indicating Cabonne Council’s interests, with the date and location of the event

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

7.      The event organiser notify Council of any incidents or near misses that occur during the event

 

ITEM 16. Orange Colour City Running Festival

THAT the Committee approve the request subject to:

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

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

3.      Written approval being obtained from NSW Police

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

5.      Council being provided with an updated copy of the $20M public liability insurance policy indicating Cabonne Council’s interests, with the date and location of the event

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

7.      The event organiser notify Council of any incidents or near misses that occur during the event.

 

Please note that guidelines have been issued under Section 23A of the Local Government Act titled “Council decision making during merger proposal periods”. Council must consider the guidelines in relation to each decision they make during the proposal period, this matter is of an ongoing nature and it is considered it complies with the guidelines.

 

 

 

ITEM 11 - MERGER PROPOSAL - COUNCIL SUBMISSION

REPORT IN BRIEF

 

Reason For Report

To endorse Council's submission to the current proposal to merger Cabonne, Orange and Blayney Councils.

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\AMALGAMATIONS\BLAYNEY SHIRE, CABONNE AND ORANGE CITY COUNCILS PROPOSED MERGER 2016 - 734648

 

 

Recommendation

 

THAT Council endorse the submission prepared by Morrison Low in relation to the State Government’s proposal to merge Cabonne, Orange and Blayney councils.

 

General Manager's REPORT

 

Council at its January 2016 meeting resolved:

 

“THAT Council endorse the engagement of Morrison Low consultants to prepare an independent review and submission under S263(3) for consideration by Council.”

 

Councillors will be provided a copy of the submission, under separate cover, for endorsement prior to submission by 28 February 2016.

 

Please note that guidelines have been issued under Section 23A of the Local Government Act titled “Council decision making during merger proposal periods”. Council must consider the guidelines in relation to each decision they make during the proposal period, this matter relates to merger related information campaigns and is being considered in open Council and will be placed on Council’s website once adopted. As such it is considered that it complies with the guidelines.

 

ITEM 12 - 2016 AUSTRALIAN LOCAL GOVERNMENT WOMEN'S ASSOCIATION (NSW) ANNUAL CONFERENCE

REPORT IN BRIEF

 

Reason For Report

Seeking Councillors' interest in attending the ALGWA NSW Annual Conference in Gunnedah 10-12 March 2016.

Policy Implications

Nil

Budget Implications

To be funded from existing councillor professional development budget.

IPR Linkage

4.5.1.e Provide adequate training & professional development opportunities for Councillors.

Annexures

1.  2016 Gunnedah Program    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNMENT RELATIONS\LOCAL AND REGIONAL LIAISON\LOCAL GOVERNMENT WOMENS ASSOCIATION - 723432

 

 

Recommendation

 

THAT interested Councillors be authorised to attend the 2016 ALGWA (NSW) Conference.

 

General Manager's REPORT

 

The 2016 ALGWA (NSW) Conference will be held in Gunnedah from 10-12 March 2016.

 

Conference program and registration details are attached.  Any councillor interested in attending should nominate to be authorised to attend.

 

Please note that guidelines have been issued under Section 23A of the Local Government Act titled “Council decision making during merger proposal periods”. Council must consider the guidelines in relation to each decision they make during the proposal period, this matter is of an ongoing nature and it is considered it complies with the guidelines.

 

 

ITEM 13 - EXPENDITURE REVIEW

REPORT IN BRIEF

 

Reason For Report

A review of the current budget to identify non-essential expenditure has been undertaken.

Policy Implications

Nil

Budget Implications

Non-expenditure of identified items

IPR Linkage

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

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\BUDGETING\CABONNE COUNCIL ANNUAL BUDGET - 733774

 

 

Recommendation

 

THAT the items listed in Schedule A of the report be removed from the 2015/2016 budget and reallocated, for consideration, to the 2016/2017 budget deliberations.

 

General Manager's REPORT

 

A review of items within the current budget which would result in either a nil benefit or would become redundant, should we merge with Orange and Blayney has been undertaken by senior staff.  This review has considered the Guidelines issued under Section 23A of the Local Government Act titled “Council decision making during merger proposal periods”.

 

The review was undertaken following the criteria in that should the funds be spent before the merger decision is made, is there a possibility the item would, in a merged environment:

 

a)   be covered by the merger assistance funding (eg IT, telecommunications, web page, and the like);

b)   create or potentially create a surplus of resources, eg new vehicles, plant etc;

c)   would become or would be likely to become redundant (eg new Cabonne signage, stationary, web page, software, clothes etc)?'

 

It is recommended the following expenditure items as adopted in the 2015/2016 budget be quarantined.

 

Schedule A

 

Governance

Economic Development 120111

Management Plan

$50,000

Corporate Services

514040 Council website replacement

$84,000

514202 Security Vulnerability Scan

$3,450

514038 Server Replacement

$57,000

514056 Telephone System Replacement

$80,500

514071 Corporate Performance Reporting Tool

$57,000

Engineering

514070 Orange Depot Lunchroom & storage

$11,500

514060 Orange Depot Installation of security fence & gates

$46,000

Plant Replacement

 

Major Plant

$2,882,560

Light commercials

$299,240

 

TOTAL

 

 

$3,571,250

 

 

 

ITEM 14 - RESCISSION MOTION - ITEM 5 JANUARY 19 EXTRAORDINARY COUNCIL MEETING 2016

REPORT IN BRIEF

 

Reason For Report

For Council to consider a rescission motion lodged by councillors MacSmith, Hayes and Walker

Policy Implications

Could create a precedent

Budget Implications

$750,000 not included in current budget plus $450,000 long term loan. 

IPR Linkage

3.2.1.b. Facilitate retirement and aged care projects and services

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\COMMUNITY SERVICES\SERVICE PROVISION\CANOWINDRA PROPOSED RETIREMENT VILLAGE - CORNER BLATCHFORD and MILL STREETS - 734872

 

 

Recommendation

 

THAT the rescission motion be dealt with.

 

Director of Finance and Corporate Services' REPORT

 

A rescission motion has been received from councillors MacSmith, Hayes and Walker as follows:-

 

“We the undersigned Councillors hereby give notice of our intention to rescind the following motion resolved at the Council meeting held 19 January 2016:-

ITEM - 5    PROPOSED CANOWINDRA RETIREMENT ACCOMMODATION PROJECT

Recommendation (MacSmith/Davison)

1.   Council resolves to consider allocating funds in the 2016/2017 budget (or prior to) for financial assistance, whether by way of grant, loan, works or a combination of these, to enable the establishment and operation of a ‘retirement village’ within Canowindra.

2.   Council engage the services of a specialist consultant(s) up to a $10,000 limit to assess and advise upon appropriate sites, if any, within Canowindra for such a ‘retirement village’ and report back to council by no later than March 2016.

3.   A committee comprising of Director of Finance & Corporate Services and Clrs Hayes, Walker, and MacSmith oversee the work of the consultant.

Carried

Foreshadowed Motion

THAT Council advertise and invite public comments as required by the OLG Guidelines relating to its intention to provide $550,000 in infrastructure funding and $450,000 by way of a long term loan to the Canowindra Retirement Village Association Inc to enable the establishment of a retirement village in Canowindra and an additional $200,000 from the Canowindra Town Improvement Fund for remaining infrastructure improvements.

 

 

 

 

 

Clr L MacSmith

 

Clr M Hayes

 

Clr K Walker”

 

In order for it to be dealt with by the Council it will need to be moved and seconded on the meeting day.

 

Please note that guidelines have been issued under Section 23A of the Local Government Act titled “Council decision making during merger proposal periods”. Council must consider the guidelines in relation to each decision they make during the proposal period, this matter is proposed to be advertised and invites public comments as provided by the guidelines for amounts over $250,000.

 

Under the guidelines Council would also be required to “disclose the reasons why the expenditure is required and warranted”.

 

Council also needs to consider whether this decision will impose a significant and/or ongoing financial commitment on a new council.

 

ITEM 15 - NSW GOVERNMENT LEGISLATIVE REFORM

REPORT IN BRIEF

 

Reason For Report

To advise councillors of advice received from the Office of Local Government seeking input on the proposed legislative reform.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

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

Annexures

1.  Explanatory paper proposed phase 1 amendments    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNMENT RELATIONS\LOCAL AND REGIONAL LIAISON\LOCAL GOVERNMENT NSW - 734268

 

 

Recommendation

 

THAT Council provide feedback to the Director of Finance & Corporate Services to enable feedback to be provided to the Office of Local Government regarding the proposed NSW Government legislative reform.

 

Director of Finance and Corporate Services' REPORT

 

Council has received the following notification:-

 

Local Government Act Review

 

Streamlining the legislation that governs councils in NSW is a key priority of the reform package, with a new Local Government Act scheduled to be phased in from 2016.

 

Phase 1

 

The introduction of more streamlined legislation will happen in phases.  Phase 1 will concentrate on reforms that strengthen the local government system, supporting councils to connect with their communities and build their capability.  In particular, the Phase 1 Bill will:

 

·    clarify roles and responsibilities of councillors, mayors, administrators and general managers;

·    introduce new guiding principles for local government;

·    improve governance of councils and professional development for councillors;

·    expand on the framework for strategic business planning and reporting;

·    prioritise community engagement and financial accountability; and

·    streamline council administrative processes

 

Later phases

 

The later phases in the legislative reform process will address recommendations arising from reviews being undertaken by the IPART about the regulatory burden imposed on councils and the revenue-raising powers of councils. In each phase, opportunities will be identified to streamline the shape and structure of the legislation to ensure that the whole system of local government is fit for the future.

 

How to give feedback

 

To give feedback on the amendments being proposed for Phase 1 Council will need to make an online submission by way of a survey. By filling in an online form, councillors will also need to refer to the following paper:

 

Towards New Local Government Legislation Explanatory Paper: proposed Phase 1 amendments (attached).

 

This Explanatory Paper briefly summarises each of the proposed Phase 1 amendments and the numbering system and headings in the paper and in the questions in the survey/submission form correspond. 

 

The paper and survey are divided into the following sections:

 

1.      Guiding principles for the Act and local government  

2.      Structural framework of local government  

3.      The governing body of councils  

4.      Elections  

5.      Councils’ workforce  

6.      Ethical standards  

7.      Councils’ strategic framework  

8.      Council performance  

 

The Director of Finance and Corporate Services will complete the online lodgement based on responses received from councillors.

 

Please note that guidelines have been issued under Section 23A of the Local Government Act titled “Council decision making during merger proposal periods”.  Council must consider the guidelines in relation to each decision they make during the proposal period, this report relates to a matter of an ongoing nature and it is considered it complies with the guidelines.

 

 

ITEM 16 - INTEGRATED PLANNING & REPORTING - OPERATIONAL PLAN 2ND QUARTER REVIEW

REPORT IN BRIEF

 

Reason For Report

To provide Council with an update on the progress of the 2015/2016 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 2015/16 2nd Quarter Review    

File Number

\OFFICIAL RECORDS LIBRARY\CORPORATE MANAGEMENT\PLANNING\INTEGRATED PLANNING AND REPORTING 2015 - 734249

 

 

Recommendation

 

THAT, subject to any alterations the Council deems necessary at the February Council meeting, the update of the Operational Plan to 31 December 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 second quarter updates for the Integrated Planning & Reporting Operational Plan for 2015/2016 is attached which shows the culmination of the actions and strategies undertaken in the preceding quarter.

 

Please note that guidelines have been issued under Section 23A of the Local Government Act titled “Council decision making during merger proposal periods”.  Council must consider the guidelines in relation to each decision they make during the proposal period, this report relates to a matter of an ongoing nature and it is considered it complies with the guidelines.

 

ITEM 17 - COMPLAINTS MANAGEMENT - DRAFT COMPLAINTS HANDLING POLICY

REPORT IN BRIEF

 

Reason For Report

For Council to consider adoption of the draft policy

Policy Implications

Yes - will become the council's new policy if adopted.

Budget Implications

Yes - if recommended staff training implemented. Website changes may be done in-house at no actual cost.

IPR Linkage

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

Annexures

1.  draft Complaints Handling Policy    

File Number

\OFFICIAL RECORDS LIBRARY\CORPORATE MANAGEMENT\POLICY\POLICY CORRESPONDENCE - 717884

 

 

Recommendation

 

THAT the attached Draft Complaints Handling Policy be adopted.

 

Administration Manager's REPORT

 

A new Australia and New Zealand Standard – Guidelines for complaint management in organisations - has been issued.

 

The NSW Ombudsman has developed resources to allow organisations to implement a complaint management system consistent with the Standard including a complaint management framework and model polices.

 

“An effective complaint management system enables us to correct errors, identify system improvements and promote fairness and integrity in our decision-making processes.  The attitude of the general public who interact with us will be strongly influenced by their perception of the fairness of the procedures we use to handle complaints.  This includes our interactions with people making complaints and the information we provide them about the process, progress and outcome/s of their complaint.  By appropriately handling complaints about our products, services, staff and complaint handling [emphasis added] we will be protecting our good reputation as well as promoting general trust in government.”

- B Barbour NSW Ombudsman

 

Components of the framework include:

1.     Facilitation:   Make it easy for people to make complaints to your organisation

2.     Resourcing:  Appropriately train, empower and adequately resource staff managing complaints

3.     Learning:      Analyse complaints and their outcomes to improve systems and processes

4.     Guidance:     Develop policies and procedures to guide staff in the management of complaints.

 

A model complaints handling policy provided by the Ombudsman has been used to develop a policy which will replace Council’s previous “Complaints Management Policy”.

The new “complaints handling policy” focuses on complaints relating to Council’s products, services, staff and complaint handling and such complaints are clearly distinguished from other types which are referenced to other policies/procedures as follows:

a.    staff grievances (see Council’s employee grievance handling procedure in the Human Resources Manual)

b.    public interest disclosures made by Council staff (see Council’s internal reporting policy)

c.    code of conduct complaints (see Council’s code of conduct)

d.    responses to requests for feedback about the standard of Council’s service provision (see the definition of ‘feedback’ below)

e.    reports of problems or wrongdoing merely intended to bring a problem to Council’s notice with no expectation of a response (see definition of ‘feedback’)

f.     service requests (see definition of ‘service request’ below), and

g.    requests for information (see Council’s access to information policy).

The Council is asked to consider the draft policy, its requirements, responsibilities and obligations and, subject to any proposed changes, adopt same.

Additional actions

In support of the new policy the following actions have been taken.

A procedure for complaints reported to the Corporate Management Team by the public officer.

A training plan is being developed focusing on complaints handling by frontline staff.

An online complaints (“Compliments & Complaints”) form is to be provided to comply with accessibility requirements.

 

Please note that guidelines have been issued under Section 23A of the Local Government Act titled “Council decision making during merger proposal periods”.  Council must consider the guidelines in relation to each decision they make during the proposal period, this report relates to a matter of an ongoing nature and it is considered it complies with the guidelines.

 

ITEM 18 - DECEMBER QUARTERLY BUDGET REVIEW

REPORT IN BRIEF

 

Reason For Report

To advise Council of the present position of the current budget

Policy Implications

No

Budget Implications

Yes

IPR Linkage

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

Annexures

1.  December 2015 Quarterly Budget Review    

File Number

\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\BUDGETING\QBR'S - QUARTERLY BUDGET REVIEWS - 724473

 

 

Recommendation

 

THAT Council approve the variations detailed in the Quarterly Budget Review and that those changes be updated to Council’s current 15/16 Budget.

 

Senior Accounting Officer's REPORT

 

The quarterly budget review is presented to Council with details of changes to the budget from 1 October 2015 to 31 December 2015. The changes have been proposed by various department managers and also by perusal of Council’s ledger.

 

The changes are in line with the activities over those three months and in accordance with the guidelines set by the Department of Local Government, with respect to those Council’s who are identified to be in a proposed merger phase.

 

Those guidelines indicate that there should be no expenditure outside the Council’s adopted budget for any purpose other that identified in the Operational Plan.

 

New expenditure, including contracts, over $250,000 must be advertised and public comments invited. Contracts committing a future council to ongoing financial commitments should not be entered into.

 

This period applies from 6 January 2016 until the date of proclamation.

 

It is noted in this report that only 22% of all capital expenditure noted in the current budget has been spent.

 

There are also several other outstanding items to be reviewed by the appropriate managers and presented to Council in the form of a report. These items will require an increase in expenditure. The areas are Molong Gasworks operations, Urban Storm Water Maintenance and mowing council vacant land.

 

In normal circumstances these items would be part of the QBR process but since Council is in a Proposed Merger Phase, Council must adhere to the guidelines as set out in Section 23A.

 

 

ITEM 19 - SENIORS FESTIVAL

REPORT IN BRIEF

 

Reason For Report

To advise Council of Seniors Festival activities

Policy Implications

Nil

Budget Implications

To be funded from the Seniors Week budget allocation

IPR Linkage

3.2.1.b. Facilitate retirement and aged care projects

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\RECREATION AND CULTURAL SERVICES\EVENTS MANAGEMENT\SENIOR CITIZENS WEEK and YEAR OF THE OLDER PERSON - 734566

 

 

Recommendation

 

THAT Council:

 

1.  Donate $550 to the Eugowra Lions Club Seniors Festival activity;

2.  Donate $550 to the Canowindra Lions Club Seniors Festival activity; and

3.  Use remaining seniors week budgeted funds to sponsor Council provided Seniors Festival activities.

 

Community Services Manager's REPORT

 

The Seniors Festival is the new name for what was previously known as Seniors Week. The 2016 Seniors Festival will run Friday 1 April to Sunday 10 April 2016 and the following activities are planned:

 

·    The Canowindra Lions Club are organising a coach trip.

·    The Eugowra Lions Club plan their regular very popular dinner and entertainment for seniors.

·    Council’s Community Transport Service has applied for tickets to the Premier’s Seniors Gala Concert in Sydney.

·    Council’s HACC Service is currently planning several activities for Seniors Festival including a luncheon for the Mandagery Men’s Group, a visit to an alpaca farm and a trip to Millthorpe.

 

Council has a budget of $1,650 put aside for Seniors Festival activities and it is proposed to distribute this as recommended to assist the organisations listed in meeting the costs of conducting the above activities.

 

Please note that guidelines have been issued under Section 23A of the Local Government Act titled “Council decision making during merger proposal periods”. Council must consider the guidelines in relation to each decision they make during the proposal period, this matter is of an ongoing nature and it is considered it complies with the guidelines.

 

ITEM 20 - EVENTS ASSISTANCE FUNDING PROGRAM 2015/2016

REPORT IN BRIEF

 

Reason For Report

Council to consider an application under the Events Assistance Program 2015/2016

Policy Implications

Nil

Budget Implications

$8,000 from the Events Assistance Program 2015/2016

IPR Linkage

4.4.1.b. Implement funding opportunities through the Events Assistance Program

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GRANTS AND SUBSIDIES\PROGRAMS\EVENTS ASSISTANCE PROGRAM 2015 - 2016 - 733373

 

 

Recommendation

 

THAT Council approve funding under the 2015/16 Events Assistance Program of:

 

1.  $5,000 for the Orange Food Week Festival 8 - 17 April 2016;

2.  $1,000 for the Sydney Cellar Door 26 - 28 February 2016; and

3.  $2,000 for the Orange Apple Harvest to be held from 6 - 8 May 2016.

 

Acting Economic Development Manager's REPORT

 

Council has received three requests for funding under Council’s Events Assistance Program and Council’s Promotions and Tourism Officer has provided the following assessments:

 

Application 1

 

Organisation: F.O.O.D of Orange District Week Inc.

 

Event: Orange F.O.O.D Week 2016

 

Date: 8 -17 April 2016

 

Requested Amount: $5,000

 

F.O.O.D Week is celebrating its 25th year and has been successful in expanding and promoting the region’s diverse local quality cool climate food and wine. Today F.O.O.D Week consists of over 90 individual events that showcase the food and wine of the region as well as the many local businesses and tourist attractions.

 

F.O.O.D Week has become vital in marketing the region’s produce and restaurants to and extensive reach that includes the Sydney region and beyond.

 

The benefit of F.O.O.D Week to the region is extremely significant and includes:

 

·    Positive economic stimulus through spending in the local area

·    Huge media exposure and awareness of the region and attractions that help attract visitors during and after the event

·    Increases the profile and credibility as one of the country’s leading food and wine producers.

·    Encourages collaboration and consultation amongst the region’s tourism industry which strengthens and presents new opportunities

·    Assists in education of the sector and its contribution towards a healthy sustainable future for the region and Australia.

 

During the event several thousand people will participate in the events and statistics from 2015 indicate that many who attend F.O.O.D Week are return visitors to the area.

 

F.O.O.D Week Inc. has applied for $5,000 to support the marketing of this event. The sponsorship will go towards the printing of 10,000 copies of the program and the distribution in Sydney, Canberra, regionally and locally.

 

Cabonne Council’s logo appears in all printed material, print advertising, the Cabonne banner will be erected at the night markets and Food Affair.

 

As F.O.O.D Week is a flagship event the EAP guidelines provide for a maximum of $5,000 which Cabonne Council has allocated to support previous F.O.O.D Week events.

 

 

Application 2

 

Organisation: Brand Orange

 

Event: Sydney Cellar Door 2016

 

Date: 26 -28 February 2016

 

Requested Amount: $7,500

 

The Sydney Cellar Door is another great opportunity to showcase the local district’s wine and food in Sydney. The event is held in Hyde Park, Sydney and attracts numerous wineries and food suppliers/producers in partnership with Fairfax, NSW Wine and Sydney restaurants over a three day period.

 

The theme of the Sydney Cellar Door is to display in country relaxed style.

 

The aim is to engage the Sydney CBD and greater community in a food and wine focused event. It is anticipated the attendees will learn about the region, local produce and therefore encourage visitation.

 

Brand Orange’s vision is to lead the marketing and support the local government areas to become a vibrant, unique and progressive region to visit, live, grow, work and increase economic development.

 

It is expected that a total of 60,000 will attend over the three day period of the Sydney Cellar Door event. This is another opportunity for Cabonne Council to help raise the awareness of Cabonne producers and attract tourists to enjoy the many attractions.

 

 

Application 3

 

Organisation: Brand Orange

 

Event: Orange Region Apple Festival 2016

 

Date: 6 -8 May 2016 (3 Day event)

 

Requested Amount: $3,000

 

The Orange Region Apple Festival celebrates the rich history in apple growing, the orchards and the fruit in the area. There are a number of events that are held over the 3 day period.

 

The key purpose of this festival is to celebrate and educate the community and visitors that the region is a successful growing region of a diverse range of produce.

 

There are opportunities to meet the apple growers, walk through the packing shed, there are orchard tours, long table lunch in an orchard, night markets, family orientated events and supporting music. 

 

The Apple Festival events incorporate local schools, nutrition education, kids cooking demonstrations/classes, chefs table and the benefits of sustainable growing. All events are themed with apples.

 

The Apple Festival will take place in Orange and Cabonne Council areas incorporating food, wine, accommodation, businesses, schools and local orchards. This event assists in raising the profile of the area as a prime regional tourist destination.

 

Events Assistance Program Budget

 

Council has allocated $50,000 in 2015/16 for the administration of the Events Assistance Program. To date $17,000 is remaining in this allocation for the 2015/16 financial year.

 

Expenditure to Date 2015/2016

 

28 July             Orange Wine Festival                                                 $3,500

25 August        NSW Masters Cycling Championship                     $5,000

22 September  Banjo Paterson Australian Poetry                           $1,500

27 October       Bicycle Network challenge Ride                              $2,000

27 October       Garlic Harvest Festival                                               $1,000

16 December     Canowindra Balloon Challenge                                      $20,000

 

Total                                                                                                        $33,000

 

Please note that guidelines have been issued under Section 23A of the Local Government Act titled “Council decision making during merger proposal periods”.

 

Council must consider the guidelines in relation to each decision they make during the proposal period. Funding is available in the current budget for the administration of the Events Assistance Program and it is considered the recommended allocations comply with the guidelines.

 

 

ITEM 21 - ATTENDANCE OF CABONNE COUNCIL DELEGATES AT THE 2016 LOCAL GOVERNMENT TOURISM CONFERENCE

REPORT IN BRIEF

 

Reason For Report

To determine Council's attendance at the Local Government Tourism Conference.

Policy Implications

Nil

Budget Implications

Approximately $3,000 from Council's Tourism Budget

IPR Linkage

2.2.1.a. Promote strategies listed in the Tourism Plan

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\ECONOMIC DEVELOPMENT\REPORTING\COUNCIL REPORTS - 734275

 

 

Recommendation

 

THAT Council’s delegate on the Tourism Advisory Committee Clr Ian Davison and Cabonne’s Promotions and Tourism Officer Lynne Hawkes be authorised to attend the 2016 Local Government Conference in Bryon Bay.

 

Acting Economic Development Manager's REPORT

 

The annual NSW Local Government Tourism Conference will be held in Bryon Bay and is being co-hosted by Ballina Council.

 

This year’s theme is “Embracing a Changing Tourism Landscape”. Topics on the program include:

 

·    Destination NSW update;

·    The role of local government in tourism;

·    Engaging with the ever changing customer;

·    Digital marketing;

·    Resourcing and financing;

·    Building your brand, art, heritage and culture as travel motivators; and

·    Destination marketing.

 

There will be a number of site visits to the attractions in the area.

 

The Local Government Tourism Conference is an ideal platform for councillors and council staff to meet, listen to the experts and peers and to find our how other councils are engaging and managing their tourism industry.

 

The Promotions and Tourism Officer and Council’s delegate on the Cabonne Country Tourism Advisory Committee have attended the NSW Local Government Tourism Conference in previous years.

 

The total cost of registration, travel and accommodation for delegates is anticipated to be about $3,000.

 

Please note that guidelines have been issued under Section 23A of the Local Government Act titled “Council decision making during merger proposal periods”.

 

Council must consider the guidelines in relation to each decision they make during the proposal period. Funding has been provided in the current budget for attendance at this conference and it is considered it complies with the guidelines.

 

 

ITEM 22 - LITTLE RIVER LANDCARE GROUP - REQUEST FOR FUNDS FROM 2015/16 BUDGET

REPORT IN BRIEF

 

Reason For Report

For council to determine whether request for funds for Little River Landcare Group can be included in 15/16 budget

Policy Implications

Nil

Budget Implications

$10,000 (ex GST) - no budget allocation

IPR Linkage

5.5.1.a. Support community education programs in environmental stewardship and management

Annexures

1.  LRLG Financial report    

File Number

\OFFICIAL RECORDS LIBRARY\WATER SUPPLY\MEETINGS\LITTLE RIVER LANDCARE GROUP - 724487

 

 

Recommendation

 

THAT Council consider the request from Little River Landcare Group.

 

Acting Director of Engineering & Technical Services' REPORT

Council would recall at its October 2015 meeting a report proposing an allocation of $10,000 from the 2015/16 budget for Little River Landcare Group (LRLG) Inc.   At this meeting, it was recommended:

“THAT clarification be sought regarding the increase in membership fees of $7,500 in 2014/15 and further report be made to the November council meeting.”

Council only received LRLG response on 15 December 2015 and the audited financial statements are attached which shows that that there has been an increase in membership as follows:

·    2013        $5,800

·    2014        $6,108

·    2015        $12,106

·    2016        $12,880 (year to date)

The Little River Landcare Group aligns with a variety of Cabonne’s Strategic Plan objectives and has been able to contribute towards the objectives over the last 16 years due to a focus on the triple bottom line and their ability to access funding through state government, federal government and donations.

Attached are the full financial statements from LRLG.

Please note that guidelines have been issued under Section 23A of the Local government Act titled “Council decision making during merger proposal periods”. Council must consider the guidelines in relation to each decision they make during the proposal period. 

The guidelines provide that there should be clear and compelling grounds for any expenditure outside of the Council’s adopted budget and the decision should be approved in open Council, there is currently no provision of funding for this project.

Should Council wish to provide a contribution it must also include the reasons why the expenditure is required and warranted in the resolution voting the funds.

 

ITEM 23 - REPLACEMENT OF THE HACC BUILDING ROOF

REPORT IN BRIEF

 

Reason For Report

Council to determine the replacement of the HACC building roof

Policy Implications

Nil

Budget Implications

$110,000 to come from council's capital works reserve funds.

IPR Linkage

3.3.4.a. Maintain council administration buildings

Annexures

1.  Tender Evaluation- HACC Building Roof Replacement    

File Number

\OFFICIAL RECORDS LIBRARY\COUNCIL PROPERTIES\TENDERS\CONTRACT 678069 – ROOF REFURBISHMENT WORKS OF HACC BUILDING - 724431

 

 

Recommendation

THAT Council engage Whiteson and Company to replace the roof of the HACC building and funds of $110,000 to come from Council’s capital works reserve.

 

Acting Director of Engineering & Technical Services' REPORT

A meeting was held between council’s project engineer and council’s heritage advisor to review options for the HACC building. 

The replacement roof has been fully documented and tendered with two conforming tenders having been received.  The evaluation of the tenders is attached.

The accommodation within the building currently provides three similarly sized tenant spaces:

·    Council occupies the space to the south and this provides for the meals on wheels service – two Council officers, storage generally in the large meeting room and a large cool room, temporary office space for visiting planning staff and family day care to meet and consult with the public and a broadband facility for seniors training.  The space has a ramped entry from the street and a kitchenette at the rear but no internal bathrooms;

·    The central unit is occupied by the central west libraries based in Orange as a lending library and is fully fitted out and air-conditioning. The entry is shared with the Council unit;

·    The northern unit is occupied by a tenant as a computer business.

The current project has been to replace the roof which consists of three ridges and four box gutters.  The two central box gutters in particular consistently leak.  There are also roof lights which have leaked and have been damaged in several instances.

A critical part of the heritage significance is the Gaskill Street streetscape elevation which consists of the three ridges coming to meet a parapet topped facade at an oblique angle.  All the gutters drain to the rear.

While a second roof option could include a low pitched roof or low pitched skillion roof, these would need to maintain the streetscape character.  This is not possible where the three pitched elements meet the main facade.

The total project costs are $200,000 council allocated $90,000 in the 14/15 budget and the contractor was paid for the investigations report.  The balance was carried over to the 15/16 budget and for the roof replacement; council still requires $110,000 to complete the project.

Alternatives for reconstruction:

The three spaces noted above are relatively simple and no advantage could be gained from reconstructing the building.  As current access regulations would apply to new works and are likely to be considerably more expensive requiring new ramps, accessible bathrooms and services.  Such options are unlikely to be feasible given the nature of the building heritage significance in the street scape and the current accommodation needs are generally met by the existing building – except for the roof.

It is recommended the present roof be replaced and the tender by Whiteson & Company be accepted.

Please note that guidelines have been issued under Section 23A of the Local government Act titled “Council decision making during merger proposal periods”. Council must consider the guidelines in relation to each decision they make during the proposal period.  The proposed contract forms part of Council’s operational plan and the process was commenced prior to the start of the merger proposal period.

Should Council wish to approve the expenditure it must also disclose the reasons why it is required and warranted in the resolution.

 

 

ITEM 24 - GRAVEL RESHEETING PROGRAM 2015-2016

REPORT IN BRIEF

 

Reason For Report

To transfer of unspent budget funds from Gravel Resheeting Program to Rural Road Unsealed Operations Program.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

1.4.1.a. Construction of local roads

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\ROADS and BRIDGES\MAINTENANCE\GRADING - 734242

 

 

Recommendation

 

THAT the remaining budget allocation from the Gravel Resheeting Program be transferred to Rural Road – Unsealed Operations Program.

 

OPERATIONS MANAGER ROADS & BRIDGES' REPORT

Council is currently undertaking “Grading Best Practice” within its Unsealed Road Maintenance Program that utilises a motor grader, DynaPac 16t smooth drum and an 11,000 litre water tanker. The cost of this crew is $412 per hour including all transport costs. To date, one full time crew and two part time crews have been operating on Council’s unsealed network for a total of 1,704 hours, at a cost of $702,048. The results of the “Grading Best Practice” on Council’s unsealed road network have been excellent, with Council receiving very pleasing feedback on their efforts.

The 2015/2016 budget allocation for Rural Road Maintenance – Unsealed Operations is $1,331,960 that includes all maintenance activities, such as drainage, guidepost and signage.  To date a total of $1,019,310 has been expended on unsealed pavement maintenance, leaving a balance of $312,650. To continue the “Grading Best Practice”, for the remainder of the 2015 – 2016 financial year additional funding of approximately $200,000 is required.

A review of the expenditure in the current 2015/2016 Works Program has indicated that there will be a saving of approximately $200,000 on the Gravel Re-sheeting Program, which is, with the exception of Kerr’s Creek Road now completed. This saving was achieved by multi crew application with unpredicted favourable weather conditions, that allowed council to deliver the program continuously and uninterrupted.

Please note that guidelines have been issued under Section 23A of the Local Government Act titled “Council decision making during merger proposal periods”. Council must consider the guidelines in relation to each decision they make during the proposal period, this matter, although transferring previously allocated funds, is technically voting expenditure outside of Council’s adopted budget.

 

In considering the request Council should disclose in the resolution the reasons why the expenditure is required and warranted, consideration of the request is taking place at a meeting that is open to the public.

 

 

ITEM 25 - CANOWINDRA STORMWATER MAINTENANCE

REPORT IN BRIEF

 

Reason For Report

Transfer of funds from Capital Works Reserve to fund drainage works at Canowindra.

Policy Implications

Nil

Budget Implications

$83,654 from Capital works reserve

IPR Linkage

5.2.1.a. Environmental protection operations undertaken

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\SEWERAGE AND DRAINAGE\MAINTENANCE\DRAINAGE SYSTEMS - 734387

 

 

Recommendation

 

THAT Council transfer from Capital Works Reserve the sum of $83,654 to fund drainage works at Canowindra.

 

OPERATIONS MANAGER ROADS & BRIDGES' REPORT

Minor local flooding occurred on three occasions during October, November and January at several locations within the Central Business District of Canowindra. This necessitated Council to inspect the existing stormwater infrastructure to ascertain its condition and efficiency.

The inspection of the stormwater system was undertaken by a remote closed circuit television camera. However, three sections of it required water jet cleaning prior to the camera inspection. The inspection of the drainage infrastructure highlighted issued that required immediate short term low cost solutions and others that will require a longer term strategic approach.

To minimise any future flooding effect the stormwater system was completely cleaned with the water jet vacuum and re-inspected to ensure that it would function to its optimum efficiency.

Council has expended a total of $40,932.61 to date on the project for the CCTV inspection and water jet vacuum cleaning.

During the inspection of the stormwater system, a section of existing pipe culvert network was found to be non functional due to the infiltration of tree roots that obstructed the effective capacity of the pipe by 95%. This section of pipe culvert is 450mm in diameter and is 65m in length, commencing in Gaskill Street and continues down Finns Lane to the intersection of Gaskill Street Lane. As a result of the ineffectiveness of the culvert structure to function, the overflow water is directed into the Gaskill Street system. Additionally, other deficiencies were identified that require immediate attention included:

·    Removal, cleaning and relaying of  existing pipe culvert  – Finns Lane

·    Installation of two (2) kerb inlet pits and 300mm pipe in Gaskill Street

·    Construction of junction pit behind HACC building

·    Covering existing box culvert Gaskill Street lane

Council has estimated the cost of the rectification of these items at $37,150. At the completion of this work the effect of flooding of the CBD would be minimised significantly.

Please note that guidelines have been issued under Section 23A of the Local Government Act titled “Council decision making during merger proposal periods”. Council must consider the guidelines in relation to each decision they make during the proposal period, this matter, although transferring previously allocated funds, is technically voting expenditure outside of Council’s adopted budget.

 

In considering the request Council should disclose in the resolution the reasons why the expenditure is required and warranted, consideration of the request is taking place at a meeting that is open to the public.

 

 

 

 

ITEM 26 - SEWER MAIN EXTENSION SUBSIDY

REPORT IN BRIEF

 

Reason For Report

Determination of payment of subsidy and amount (2 Items)

Policy Implications

Review of Sewer Policy

Budget Implications

No allowance for Sewer Mains Extensions in 15/16 budget if Payment is Authorised

IPR Linkage

5.3.3.b. Maintain Cabonne sewer infrastructure assets

Annexures

1.  Sewer Policy

2.  Sewer Main Extension to Lots 1 to 4 Kite St Molong - Request for subsidy payment

3.  Traves - Request for Refund on DA2015-119

4.  Engineering Referral for Proposed  3 Lot Subdivision  DA 2015-119    

File Number

\OFFICIAL RECORDS LIBRARY\SEWERAGE AND DRAINAGE\APPLICATIONS\QUOTATIONS - 716417

 

 

 

Recommendation

 

THAT Council determine whether to:-

 

1.   Change to Subsidy clause in Sewer Policy to cap allowance at $5,000; and/or

2.   Make payment of Subsidy for Lots 1 to 4 Kite St amount of $11,418.69; and/or

3.   Make payment of Subsidy for three (3) Lot Subdivision on Lot 2 DP 1047411 amount of $6,455; and/or

4.   Make payment of subsidy from Sewer Reserve Fund.

 

Acting Operations Manager – Water and Waste's REPORT

 

The purpose of this report is for consideration of a change to the Sewer Mains Extension Subsidy clause to cap Cabonne Council’s financial exposure for future claims of subsidy to $5,000 in the Sewer Policy.

 

With reference to correspondence from Heath Consultants (26/11/15) and Traves (attached) both have requested payment under council’s obligation of the Sewer Mains Extension Subsidy (attached).

 

Both initial letters from council referred to the subsidy clause and stated that the 50/50 subsidy would be capped at $5,000, which is not mentioned in the policy statement. 

 

The relevant clause is as follows;

 

Sewer Policy Clause:

 

Mains Extension Subsidy

 

Any extension developed to serve land subdivision within the town and village zone will be shared on a 50/50 basis between Council the applicant provided Council is satisfied that such subdivision is in the interest of immediate residential development and any contribution will be limited to available funds in the Cabonne Sewer Fund in any one financial year.”

 

There are no available funds in the current budget.

 

Due to a challenge to council’s letter limiting the subsidy to $5,000 Council will need to determine whether the 50/50 subsidy be approved, funds would need to be made available from the Sewer Reserve.

 

Please note that guidelines have been issued under Section 23A of the Local Government Act titled “Council decision making during merger proposal periods”. Council must consider the guidelines in relation to each decision they make during the proposal period, this matter, although transferring previously allocated funds, is technically voting expenditure outside of Council’s adopted budget.

 

In considering the request Council should disclose in the resolution the reasons why the expenditure is required and warranted, consideration of the request is taking place at a meeting that is open to the public.

 

 

ITEM 27 - UNSEALED LANES IN CANOWINDRA

REPORT IN BRIEF

 

Reason For Report

Petition put to Council for sealing of unsealed lanes

Policy Implications

Nil

Budget Implications

Ongoing road sealing expenditure

IPR Linkage

4.3.1.b. Undertake street & gutter cleaning and town entrance mowing

Annexures

1.  Walker Service Request - Ryall street,canowindra, Bates,Dirt roads     

File Number

\OFFICIAL RECORDS LIBRARY\ROADS and BRIDGES\MAINTENANCE - STREETS\RYALL STREET CANOWINDRA - 712489

 

 

Recommendation

THAT Council:

1.   Develop a three (3) year works program of approximately $100,000 per year for sealing the lanes;

2.   Consider the request in the 2016/17 budgeting process.

 

ACTING MANAGER TECHNICAL SERVICES' REPORT

The engineering department has received a petition from over 50 residents of Canowindra that wish to see the gravel laneways in the northern half of the town sealed. The reasons cited are health concerns over the dust entering houses, deterioration causing risk to pedestrian usage and reckless driving on the gravel surface.

It is noted that some of these properties have exclusive access from the laneways as geological challenges block house access from their road frontages. It is also noted that approximately two thirds of these laneways are currently owned by the crown but maintained by council.

Given the nature of this request, the community support and the community benefit it is recommended that council investigate the condition and usage of the 3.5km of unsealed lanes and prioritise the works in a 3 year program.  The first stage of this program is anticipated to cost approximately $100,000 and considered for inclusion in the 16/17 budget.

Please note that guidelines have been issued under Section 23A of the Local Government Act titled “Council decision making during merger proposal periods”. Council must consider the guidelines in relation to each decision they make during the proposal period, this matter forms part of council’s delivery plan 1.1.1 – Implement the Council’s road maintenance and renewal program. No expenditure is proposed during the proposal period.

 

ITEM 28 - CUDAL MEMORIAL PARK

REPORT IN BRIEF

 

Reason For Report

Council to determine renaming of the park and installation of a plaque

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

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

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\PARKS AND RESERVES\MAINTENANCE\CUDAL MEMORIAL PARK - 734041

 

 

Recommendation

 

THAT Council approve:

 

1.  Installation of an interpretive plaque outlining the old fountain and park history; and

2.  Renaming of the park to “Landauer Memorial Park”.

 

Urban Assets Coordinator's REPORT

 

Council was approached last year by the Cudal Progress Association in regard to the reinstallation of an old fountain at the Cudal Memorial Park and the renaming of the park to “Landauer Memorial Park”.

 

In compliance with a Council resolution of 26 May 2015 Council staff liaised with the Cudal Progress Association in regard to alternate proposals for the park as outlined below.

 

The old fountain had been removed a few years ago as it had become broken and disused and the water supply had been disconnected. Discussions on site with Cudal Progress Committee representatives encompassed various replacement options including the reconstruction of the fountain, an interpretive plaque showing the history of the park and fountain and a garden feature modelled on the old fountain design.

 

The Cudal Progress Association has now advised that the preferred option is a freestanding interpretive plaque showing the history of the park and the old fountain.

 

Samuel Landauer was an early and prominent settler of the Cudal district in the 1880s and a well known business man. He operated a flour mill, a general store and a post office. The Memorial Park land and the war memorial gates were donated by Mr. Landauer’s descendants. The memorial fountain dedicated to Mr and Mrs. Landauer was donated in the 1920s.

 

The name “Cudal Memorial Park” arises from the location of the war memorial gates at the park. The “Cudal Memorial Park” does not currently have any signage advising this as being the official name and it appears to be a name generally adopted by custom over time.

 

The proposed name change of the park and the options of a new fountain or interpretive plaque have been advertised through Council’s Small Town Development Group meetings. Council has also received independently a positive response in regard to the proposed name change of the park. 

 

Please note that guidelines have been issued under Section 23A of the Local Government Act titled “Council decision making during merger proposal periods”. Council must consider the guidelines in relation to each decision they make during the proposal period, this matter is of an ongoing nature and it is considered it complies with the guidelines.

 

 

ITEM 29 - DRAFT POLICY - ASBESTOS

REPORT IN BRIEF

 

Reason For Report

To seek council endorsement of the draft policy and to enable public exhibition of the draft document

Policy Implications

The intention is for the draft policy to be adopted as a council policy

Budget Implications

The draft policy provides a consistent approach to the management of asbestos within the Cabonne Council LGA. Implementation of the policy will be undertaken within existing budgets.

IPR Linkage

4.5.3.d. Manage contaminated lands

Annexures

1.  Draft Asbestos Policy

2.  Draft Asbestos Policy Plan February 2016     

File Number

\OFFICIAL RECORDS LIBRARY\ENVIRONMENTAL MANAGEMENT\POLICY\PROTECTION OF THE ENVIRONMENT POLICIES - 731686

 

 

Recommendation

 

THAT:

 

1.  The draft Cabonne Council Asbestos Management Policy and Plan 2016 be placed upon public exhibition for a period of not less than 28 days; and

2.  A further report be submitted to council following conclusion of the exhibition period for consideration of submissions and for further consideration/adoption of the final policy documents.

 

Director of Environmental Services' REPORT

 

A draft Asbestos Plan has been prepared for Cabonne Council based upon the Model Asbestos Policy for NSW councils that was developed by Local Government NSW to promote a consistent local government approach to asbestos management across NSW.

 

The draft policy and plan (copies attached) state the council’s commitment to, and responsibilities for safe management of asbestos, and provide information for council and the community on safely managing asbestos in buildings, at landfill sites and Naturally Occurring Asbestos. It is suggested that the draft policy and plan be placed upon exhibition for public comment and a further report be provided to council for finalisation. The exhibition phase will enable consultation with internal and external stakeholders.

 

The draft policy outlines:

 

·    The role of council and other organisations in managing asbestos

·    Council’s regulatory functions

·    Council’s approach to managing sites contaminated by asbestos, and emergencies or incidents

·    General advice for residents on home renovations where asbestos material may be present

·    Council’s development consent process for developments that may involve asbestos

·    Waste management procedures for disposal of asbestos waste in the Cabonne Council area

·    Additional information sources

 

Please note that guidelines have been issued under Section 23 A of the Local Government Act titled “Council decision making during merger proposal periods”. As a result of preparing this policy and plan council is meeting its commitments and responsibilities for safely managing asbestos as outlines in the state model policy and associated guidelines. Currently at least 56 LGAs have adopted an asbestos policy. Cabonne is one of 20 LGAs currently finalising its local policy.

 

 

ITEM 30 - DA 2016/024 - ANIMAL BOARDING AND TRAINING ESTABLISHMENT - LOT 2 DP 773981, 1321 PEABODY ROAD, MOLONG

REPORT IN BRIEF

 

Reason For Report

For the information of council and direction for future action

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.3.a. Assess and determine development applications,construction certificate applications and Onsite Sewerage Management Systems (OSMS) to meet agreed service levels

Annexures

Nil   

File Number

\Development Applications\DEVELOPMENT APPLICATION\2016\03-2016-0024 - 734262

 

 

Recommendation

 

THAT:

 

1.  The information be noted; and

2.  Council seek legal advice regarding regulation of the development located upon Lot 2 DP 773981, being 1321 Peabody Road, Molong.

 

Director of Environmental Services' REPORT

 

Council is in receipt of a Development Application for establishment of an animal boarding and breeding facility upon rural land known as 1321 Peabody Road.

 

For the information of council, the application was lodged on 14 August 2015 by Toby Weekes and Jessica Windiate who had recently purchased the 40ha rural holding.  The proposal is for the establishment of a greyhound breeding, rearing and training complex to accommodate up to 200 dogs.

 

Additional information was requested of the applicants to enable council’s environmental assessment of the proposal, as the submitted application was deficient in its provision of support documentation.  The Roads and Maritime Services (RMS) have also requested provision of additional information from the applicant relating to traffic generation. While the applicant has provided certain additional information to support their application, council and RMS are still awaiting detailed responses from the applicant to enable formal assessment of the proposal. The application has been placed on ‘stop the clock’ awaiting submission of additional information

 

The land owner / applicants have in the intervening time proceeded to establish a greyhound breeding and training facility upon the subject without development consent, and despite council requesting the applicant cease further site activity.

 

The manner in which the activity has evolved is of concern to nearby property owners as the development has impacted upon residents, ie barking dog complaints.

 

The above information is provided for the information of council, and to seek direction from council. The procedure to date has been to seek submission of sufficient information about the activity to enable an assessment of the potential environmental impact of the development and mitigation strategies.

 

Given the length of time since the lodgment of the application, the deficiencies in the level of information provided with the application, and the applicant’s actions to implement the development regardless of the statutory approvals process –council could consider the following strategies:

 

·    Proceed with negotiations with the applicants in an effort to obtain adequate information supporting the DA as lodged; or

·    Request staff to present a planning assessment report to council’s next meeting (noting however that RMS have requested that council not determine the application until it has provided its assessment of traffic generation by the development proceeding); or

·    Seek legal advice as to the statutory options available to council to address the unlawfully established land use activity.

 

It is suggested that the latter mentioned strategy be considered by council.

 

Please note that guidelines have been issued under Section 23A of the Local Government Act titled “Council decision making during merger proposal periods”. Council must consider the guidelines in relation to each decision they make during the proposal period, this matter is of an ongoing nature and it is considered it complies with the guidelines.

 

 

 

 

ITEM 31 - SECTION 68 2016/2045 LOT 1 DP 1089570 CARTY'S LANE, MANILDRA

REPORT IN BRIEF

 

Reason For Report

For Council to refuse a Section 68 application

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.3.a. Assess and determine development applications,construction certificate applications and Onsite Sewerage Management Systems (OSMS) to meet agreed service levels

Annexures

Nil   

File Number

\Development Applications\S68 APPROVAL\2016\S68-2016-2045 - 732932

 

 

Recommendation

 

THAT Section 68 Application 2016/2045 for the installation of an Onsite Sewerage Management System (OSMS) at Lot 1 DP 1089570, Carty’s Lane, Manildra be refused as the property is within 75m of the Manildra town sewer system.

 

Health & Building Surveyor  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 Section 68 application submitted for an Onsite Sewerage Management System (OSMS) on the land described as Lot 1 DP 1089570, Carty’s Lane, Manildra.

 

It is recommended that the application be refused as the property can be serviced by the Manildra town sewer system.

 

Applicant: Tracy Barnes & Jason Harmer

Owner:      Tracy Ann Barnes & Jason David Harmer

Proposal:  Onsite Sewerage Management System (OSMS)

Location:   Lot 1 DP 1089570, Carty’s Lane Manildra

Zone:         R5 – Large Lot Residential

 

THE PROPOSAL

 

It is proposed to install an OSMS to service a proposed dwelling. An On-site effluent management study report was prepared by Envirowest Consulting Pty Ltd referenced R6348e, dated 17 September 2015.

 

Site Map

 

 

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

NA

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

Not within a drinking water catchment area

Riparian land and watercourse map, groundwater vulnerability map

Not Groundwater vulnerable

Land reservation acquisition map

NA

 

MATTERS FOR CONSIDERATION

 

The property boundary is located approximately 56m from the existing sewer main in Carty’s Lane. Under Section 124 of the Local Government Act, properties within 75m of a sewer main can be ordered to connect.

 

 

The applicants had sought a quotation from Council to connect to the town sewer prior to the purchasing of the property. A formal quote was provided by Council engineering department (Doc ID: 687318). Additionally, the applicant had been informed verbally by Council’s Health and Building staff that the property will be required to be connected to the sewer as the property is within 75m of the existing sewer main.

 

The current sewer main in Carty’s Lane would benefit from additional users as it currently services only one property. Additionally, the sewer main offers greater environmental protection than an OSMS.

 

CONCLUSION

 

The proposed Section 68 application for installation of an OSMS should be refused and the applicants requested to lodge an application to connect to the Manildra town sewer system as the property is located within 75m of the sewer system.

 

Please note that guidelines have been issued under Section 23A of the Local Government Act titled “Council decision making during merger proposal periods”. Council must consider the guidelines in relation to each decision they make during the proposal period, this matter is of an ongoing nature and it is considered it complies with the guidelines.

 

 

 

 

ITEM 32 - MODIFICATION TO DA 2015/0149 LOT 361 DP 1193438, BURRENDONG WAY, MULLION CREEK - RELOCATION OF APPROVED DWELLING SITE AND RECONFIGURATION OF APPROVED FLOOR PLAN

REPORT IN BRIEF

 

Reason For Report

The modification application is required to be determined by Council as the original application was determined by Council.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.3.a. Assess and determine development applications,construction certificate applications and Onsite Sewerage Management Systems (OSMS) to meet agreed service levels

Annexures

1.  DA 2015/0149 Modification Draft Conditions    

File Number

\Development Applications\DEVELOPMENT APPLICATION\2015\03-2015-0149 - 724407

 

 

Recommendation

 

THAT Modification Development Application 2015/0149/1 for Dwelling on Lot 361 DP 1193438, Burrendong Way, Mullion Creek, be granted consent subject to the conditions attached.

 

Senior Town Planner's REPORT

 

ADVISORY NOTES

Record of voting

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

 

Political Disclosures

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

 

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

 

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

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

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

 

Nil planning application disclosures have been received. 

 

Nil public submission disclosures have been received. 

 

 

SUMMARY

 

The following report provides an assessment of the modification application submitted for a dwelling upon Lot 361 DP 1193438 land also known as 2043 Burrendong Way, Mullion Creek. The modification application seeks consent for the change in site location and revised floor plan of the approved dwelling.

 

The original application was not advertised development and not neighbour notified; as such the modification was not required to be neighbour notified. The modification application has been assessed in accordance with Section 96(1A) of the Environmental Planning and Assessment Act 1979, is of minimal environmental impact and is substantially the same for which consent was originally granted. The modified application has been assessed in accordance with the provisions of the Cabonne Local Environmental Plan 2012 and development control provisions. It is recommended that the modification be approved subject to conditions of consent.

 

The application has been referred to the Council for determination as the original determination was made by Council in June 2015.

 

Applicant:           Rawson Homes Pty Ltd

Owner:                JR Fabar & KA Gibson

Proposal:            Dwelling

Location:            Lot 361 DP 1193438 - 2043 Burrendong Way, Mullion Creek 

Zone:                  RU1 Primary Production   

 

Section 23A of the Local Government Act “Council decision making during merger proposal periods” requires Council to consider these guidelines and assess any impact upon a determination. The guidelines have been considered and the proposed modification and determination for the support of determination is not contrary to the guidelines.

 

The PROPOSAL

 

Council approval is sought for a modification application to re-locate the approved dwelling and for the re-configuration of the floor plan.

 

The proposed new location for the dwelling is in the south eastern area of the lot; approximately 265m from Burrendong Way (eastern boundary) and in excess of 140m from the southern boundary. The location has been chosen for the purposes of topography, to utilize the existing access point and to increase distance from boundaries and adjoining properties for privacy and visual amenity.

 

The modification also proposes to re-configure the existing floor plan however, the total floor area will remain at approximately 300m². Elevations are similar to those originally approved.

 

No other details of the proposal have changed.

 

The SITE

Lot 361 DP 1193438 was created via subdivision (DA 2013/30) registered 9 April 2014. Lot 361 has a total area of 90.02 Ha and the land was created under clause 12 of the Cabonne LEP 1991. The Development Application for subdivision states Lot 361 is created for the purposes of agriculture only and a dwelling is prohibited upon the land.  No terms or restrictions applying to Lot 361 were registered on the title.

 

BACKGROUND

The DA for subdivision was approved on 20 March 2013, creating Lots 360 and 361 DP 1193438. 

 

A subsequent DA for a Dwelling varying the minimum lot size via Clause 4.6 Exemptions to Development Standard was approved by Council 23 June 2015.

 

This modification seeks only to change the location of the dwelling and a re-configuration of the floor plan.

 

 

 

MATTERS FOR CONSIDERATION

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

 

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

 

Clause 1.2 Aims of the Plan

The broad aims of the LEP are as follows:

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

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

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

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

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

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

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

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

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

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

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

 

Clause 1.9A Suspension of covenants, agreements and instruments

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

·    Covenants imposed or required by council

·    Prescribed instruments under s183A of Crown Lands Act 1989

·    Any conservation agreement under National Parks and Wildlife Act 1974

·    Any trust agreement under the Nature Conservation Trust Act 2003

·    Any property vegetation plan under the Native Vegetation Act 2003

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

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

         

Mapping

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

     

Land zoning map

Land zoned RU1 Primary Production

Lot size map

Minimum lot size is 100 Ha

Heritage map

Not a heritage item or conservation area

Terrestrial Biodiversity Map

Stringybark - Box - Gum Woodland

Flood planning map

Not within a flood zone

Natural resource – karst map

Not within a karst area

Drinking water catchment map

Not within a drinking water catchment area

Riparian land and watercourse map, groundwater vulnerability map

Not affected by riparian, watercourse or groundwater vulnerability

Land reservation acquisition map

 

      These matters are addressed in the report following.

 

Cabonne Local Environmental Plan 2012

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

 

The proposed modification does not alter the primary purpose of the development.

 

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.

 

The proposed modification is not contrary to the objectives of the zone.

 

Part 4 – Principal development Standards

The proposed development for a dwelling is a permitted land use in the RU1 zone. The modification does not change the proposed land use or intent of the development.

 

Part 5 – Miscellaneous provisions

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

 

Part 6 – Additional local provisions

Clause 6.3 Terrestrial biodiversity

Whilst the subject land is identified as “biodiversity” on the Terrestrial Biodiversity Map (Stringybark - Box - Gum Woodland), the proposed modified development is not likely to have any adverse impact on flora and fauna of the land. No additional measures are required to minimize or mitigate the impacts of the proposed 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

 

Cabonne Council is identified within the SEPP 44 schedule as having koala habitat.  The applicant has not addressed the SEPP; however, the revised location for the dwelling land is relatively clear 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)

 

Development Control Plan No 5 – General Rural Zones applies to this modified development 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)

 

Context & Setting

The proposed modification does not affect the previous site assessment.

 

Setbacks

The dwelling is to be re-located from the existing approved site (off the northern boundary) towards the southern boundary. The dwelling is to be sited approximately 265m off the Burrendong Way boundary (eastern boundary) and approximately 140m off the southern lot boundary. Proposed setbacks are considered to be satisfactory.

 

Visual amenity

There will be minimal impact from the modified development in terms of visual amenity. 

 

Access & traffic

The modification relates to a change in location for the proposed dwelling. As the proposed location is at either end of the lot, the location for access will also change. A vehicle access to Lot 361 was approved and constructed at the time of subdivision.

 

No additional traffic will be generated by the modification as the development is primarily the same. The modification relates to a revised site location and the re-arrangement of the internal floor layout only.

 

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

 

Physical Attributes and Hazards

 

The subject land is identified as bushfire prone. Assessment by H&B has been undertaken with additional conditions included to address compliance with NSW RFS Planning for Bushfire Protection 2006. Bush fire attack level (BAL) has been assessed as 12.5 for the development. 

 

 

DEVELOPMENT CONTRIBUTIONS

 

Section 94 road contributions do not apply to the proposed development. Conditions requiring bushfire contribution will be retained as the primary purpose of the development has not changed.

 

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

 

The proposed development is not advertised development and is not required to be neighbor notified.

 

PUBLIC INTEREST s79C(1)(e)

 

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

 

CONCLUSION

 

The proposed modified development for a Dwelling is permissible with the consent of Council. The modified development has been assessed in accordance with Section 96(1A) of the Environmental Planning and Assessment Act 1979, is of minimal environmental impact and is substantially the same for which consent was originally granted. The modified development complies with the relevant aims, objectives and provisions of the LEP.  A section 79C assessment of the modified 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.

 

Please note that guidelines have been issued under Section 23A of the Local Government Act titled “Council decision making during merger proposal periods”. Council must consider the guidelines in relation to each decision they make during the proposal period, this matter is of an ongoing nature and it is considered it complies with the guidelines.

 

 

ITEM 33 - MODIFICATION TO DA 2015/0012 CELLAR DOOR PREMISE AND AMENITIES BLOCK ON LOTS 100 & 102 DP1031436, 1034 THE ESCORT WAY, BORENORE

REPORT IN BRIEF

 

Reason For Report

For determination by Council as the original development application was determined by Council therefore any modification is required to also be determined by Council.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.3.a. Assess and determine development applications,construction certificate applications and Onsite Sewerage Management Systems (OSMS) to meet agreed service levels

Annexures

Nil   

File Number

\Development Applications\DEVELOPMENT APPLICATION\2015\03-2015-0012 - 726143

 

 

Recommendation

 

THAT Modified Development application 2015/0012 for a Cellar Door Premise and Amenities block on Lot 100 and Lot 102 DP 1031436, 1034 The Escort Way, retain the wording for Condition 8 and Condition 23, and support the minor structural building amendments.

 

 

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 a modified assessment of the development application submitted for a Cellar Door, business identification signage and amenities block on land described as Lot 100 and 102 DP 1031436, 1034 The Escort Way, Borenore.

 

The modified proposal seeks consent for changes to Condition 8 Hours of operation and Condition 23 Application of bitumen seal to the access and internal roads. In addition to changes of Conditions 8 and 23, the applicant also seeks minor alterations to the approved building plans.

 

No other changes pertaining to the proposal are sought.

 

The modification application was required to be neighbour notified to adjoining landowners for a period of 14 days. Three (3) submissions were received by the close of the exhibition phase raising a number of concerns regarding aspects of the proposed development, namely noise from continued use of the cellar door and dust from using gravel surface instead of a bitumen seal. Other concerns raised in the submissions are summarised in further detail in the following assessment report.

 

The modification application has been assessed in accordance with Section 96(1A) of the Environmental Planning and Assessment Act 1979. Whilst the development is substantially the same for which consent was originally granted, the proposed changes to Conditions 8 & 23 are considered to have adverse impact upon the adjoining dwelling to the east which is approximately 60m from the cellar door building in relation to changed hours of operation and dust potential from internal access paths and car parking areas. The modified application has been assessed in accordance with the provisions of the Cabonne Local Environmental Plan 2012 and development control provisions.

 

The application has been referred to Council for determination as the original application was determined by Council; as such any request to change aspects of the original application must also be determined by Council.

 

It is recommended that Council retain the current wording for Condition 8 and 23 of the consent and support the minor structural building amendments. It is noted that the works have been completed and the Private Certifier for the constructions works has issued an Interim Occupation Certificate for the development.

 

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

Owner:                Planline Pty Ltd

Proposal:                     Modification to consent – Condition 8, Condition 23 and minor building changes to cellar door structure

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

Zone:                  RU2 Rural Landscape

 

Section 23A of the Local Government Act “Council decision making during merger proposal periods” requires Council to consider these guidelines and assess any impact upon a determination. The guidelines have been considered and the proposed modification and determination for the support of determination is not contrary to the guidelines.

 

 THE MODIFIED PROPOSAL

 

The proposed modification seeks to amend the wording of Condition 8 pertaining to hours of operation, amend the wording of Condition 23 to not require bitumen sealing of all internal roads and parking areas, and seek minor alterations to the approved building plans.

 

Condition 8 requires:

 

8.      HOURS OF OPERATION

 

Objective

 

To protect the amenity of the surrounding area.

 

Performance

 

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

11:00 am to 5:00 pm Sunday to Saturday.

 

The applicant requests that the condition be amended to read as follows:-

 

The proposed hours of operation for wine tasting and cellar door sales would be 11am to 5pm seven days a week. Occasional functions including those associated with Cabonne and Orange Food and Wine Week festivals may involve a later closing time.

 

Condition 23 currently requires:

 

23.       APPLICATION OF BITUMEN SEAL TO THE ACCESS AND INTERNAL ROADS

 

Objective

 

To ensure a suitable all weather access is provided and to prevent the rising of generated dust from the development.

 

Performance

 

All internal roads associated with the development, including the vehicular access point, car parking shall be bitumen sealed and be maintained at all times to prevent the rising of dust generated from the development.

 

The applicant seeks that the condition be amended to require an all weather gravel surface to these areas. The justification for the proposed amendment includes the following:-

 

·    The gravel can be well consolidated and compacted to form a low dust surface.

·    The potential for raised dust will be minimized by ensuring that drivers exercise responsible driving techniques and slower speeds on site. The ability to manage driver behavior within the site is assisted by the tight nature of the site layout itself which will only permit slow vehicle speeds. Signage can also be established to encourage slow speed.

·    To minimise potential dust impacts upon the neighbouring dwelling to the east:-

-     Council will note that the driveway for the development as approved has been routed further to the west of the existing right of carriageway to provide greater separation between vechile areas and the subject dwelling

-     An evergreen hedge is proposed along the eastern side of the driveway and parking area which (at reasonable height) will assist to contain raised dust.

-     Generally, it is expected that vechile numbers will be modest and infrequent.

-     We are not aware of other cellar door facilities where Council has required the driveway and parking areas to be sealed.

-     To concrete or seal the required areas would represent considerable expense to the proponent with little benefit to the business or amenity of the area.

 

The proposed modification also seeks minor alterations to approved building plans that include the following aspects:-

 

·    Remove the existing skillion on the southern side of the building

·    Add a glass entry door in the southern elevation and provide an accessible ramp to this door

·    Add a brick chimney and hearth in the southern elevation to create a fire place

·    Adjust the western wall of the existing skillion so that it is a straight wall.

 

Site Map

 

 

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

 

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

 

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

 

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

 

Molong Creek is located approximately 500m to the east.

 

Background

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

 

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

 

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

 

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

 

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

 

The development application for a cellar door, and amenities block was approved by Council on 16 December 2014.

 

MATTERS FOR CONSIDERATION

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

 

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

 

Clause 1.2  Aims of the Plan

The broad aims of the LEP are as follows:

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

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

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

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

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

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

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

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

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

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

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

 

Clause 1.9A Suspension of covenants, agreements and instruments

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

·    Covenants imposed or required by council

·    Prescribed instruments under s183A of Crown Lands Act 1989

·    Any conservation agreement under National Parks and Wildlife Act 1974

·    Any trust agreement under the Nature Conservation Trust Act 2003

·    Any property vegetation plan under the Native Vegetation Act 2003

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

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

 

      Mapping

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

     

Land zoning map

Land zoned RU2 Rural Landscape

Lot size map

Minimum lot size NA

Heritage map

Not a heritage item or conservation area

Terrestrial Biodiversity Map

Has biodiversity sensitivity on the subject land

Flood planning map

Not within a flood zone

Natural resource – karst map

Not within a karst area

Drinking water catchment map

Is within a drinking water catchment area

Riparian land and watercourse map, groundwater vulnerability map

Groundwater vulnerable

Land reservation acquisition map

 

 

      These matters are addressed in the report following.

 

Cabonne Local Environmental Plan 2012

The subject land is zoned RU2 Rural Landscape by the Cabonne Local Environmental Plan 2012.  Cellar Door Premise is permissible within this zone, subject to Council’s development consent. The proposed modification does not seek to change the context of the development and is essentially the same development for which original consent was granted.

 

Objectives of the RU2 Rural Landscape zone

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

 

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

·    To maintain the rural landscape character of the land.

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

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

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

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

 

Part 2 – Permitted or prohibited development

The proposed modified development is a permitted land use with consent.

 

Part 6 – Additional local provisions

Clause 6.3 Terrestrial biodiversity

 

 

LEP mapping has identified that the subject land as “Biodiversity” on the Terrestrial biodiversity Map. The modification has not changed the previous site assessment.

 

Clause 6.4 Groundwater vulnerability

The subject land has been identified as “Groundwater Vulnerable” on the Groundwater Vulnerability Map. The modification has not changed the previous site assessment.

 

Clause 6.5 Drinking water catchments

 

 

The site is identified as “Drinking water catchment’ on the Drinking Water Catchment Map. The proposed modified development has not changed the previous site assessment.

 

Clause 6.6 Riparian land and watercourses

 

 

The site is identified as “Watercourse” on the Riparian Lands and Watercourses Map. The modified development is not contrary to the objectives of the clause and does not change the previous site assessment.

 

Clause 6.8 Essential services

There is adequate capacity for the provision of essential services for the modified development.

 

REGIONAL ENVIRONMENTAL PLANS

 

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

 

STATE ENVIRONMENTAL PLANNING POLICIES

State Environmental Planning Policy No.44 – Koala Habitat Protection

Cabonne Council is identified within the SEPP 44 schedule as having koala habitat.  The modification has not changed the previous site assessment.

 

State Environmental Planning Policy No.55 – Remediation of Land applies to the site. The proposed modification does not change the context of the previous site assessment.

 

State Environmental Planning Policy No.64 - Advertising and Signage

The application also seeks consent for business identification signage for the site. The proposed modification does not change the previous site assessment. There are no proposed changes to the signage concept.

 

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

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

 

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

 

Development Control Plan No 5 – General Rural Zones applies to this development. The modified proposal is generally consistent with the provisions of the plan.

 

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

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

 

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

 

Amenity

 

Whilst the modification seeks to make minor changes to structural elements of the cellar door building, the overall bulk, scale and height do not significantly increase nor do these changes have an adverse impact on the amenity of the site, structure or the surrounding locality.

 

The modification also seeks to include functions on premise associated with  Cabonne and Orange Food Week Festivals. The application sought approval for a Cellar door premise which is defined as “a building or place that is used to sell wine by retail and that is situated on land on which there is a commercial vineyard, and where most of the wine offered for sale is produced in a winery situated on that land or is produce predominantly from grapes grown in the surrounding area”. As such, functions do not necessarily fit the definition of land use within the cellar door function. It is considered that the approved hours of operation are reasonable and consistent with other cellar door operators.

 

Temporary functions could be addressed as “Temporary use of land” whereby development consent is sought based on Clause 2.8 of the CLEP 2012. This clause identifies that temporary use on the land may be undertaken for a maximum period of 52 days in any period of 12 months if the temporary use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land or adversely impact on any adjoining land or the amenity of the neighbourhood. As such, functions may be considered for approval based on this temporary use of the land subject to separate  development approval.

 

Access and traffic 

Access to the site will be via The Escort Way which is identified as a regional road. The application was referred to the Roads and Maritime Services (RMS) for assessment and concurrence granted. The modification application does not seek to change any access point from The Escort Way and as such the modification was not referred to RMS for any further comment.

 

Condition 23 of the consent required the application of bitumen seal to the access, internal roads and parking areas to ensure a suitable all weather access is provided and to prevent the rising of generate dust from the development. The applicant seeks this condition to be amended to an all weather gravel surface. An assessment by Council’s Development Engineer has been undertaken in relation the proposed modification in seeking an amendment to Condition 23 to remove the requirement for bitumen seal to the internal driveway and designated car park area. Condition 23 was placed on the original consent to reduce the risk of dust arising from traffic movements generated from the cellar door operation and to reduce adverse impact and amenity for the occupiers of the adjoining dwelling on Lot 10 DP 1001514 (dwelling to the east). The applicant indicates that the gravel can be well consolidated and compacted to form a low dust surface. However this type of surface will require continued maintenance by the owner/operator of the development which would not be under Council’s control or jurisdiction.

 

Whilst the applicant has claimed that no other cellar door facilities have been required to seal the driveway and parking areas, the requirement for sealing has been based on concerns raised in submissions in the original notification process and the modification process where the rise of dust and proximity of these areas to the adjoining dwelling were highlighted.

 

It is recommended that the wording of Condition 23 for bitumen sealing be retained as there has not been any change in the location of parking areas or a reduction in vehicle movements. As such the concerns are still considered to be relevant.

 

Agricultural Impact

The modification does not have any additional impact upon the agricultural use of the land.

 

Site Contamination

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

 

The proposed modification does not change the previous site assessment and does not change any aspects pertaining to on site contamination or remediation.

 

Building Amendments

The proposed modification also seeks minor alterations to approved building plans that include the following aspects:-

 

·    Remove the existing skillion on the southern side of the building

·    Add a glass entry door in the southern elevation and provide an accessible ramp to this door

·    Add a brick chimney and hearth in the southern elevation to create a fire place

·    Adjust the western wall of the existing skillion so that it is a straight wall.

Discussions with Health & Building indicate that the changes to the original approval are considered to be minor. It should be noted that Council are not engaged as the Principal Certifying Authority for the development and that the Principal Certifier is the regulator of the construction works. The Principal (private) Certifier has issued an Interim Occupation Certificate for the works.

 

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 modified development is not advertised development; however the modified development was required to be re-notified for 14 days as the original development was neighbor notified. There was three (3) submissions received by the close of the exhibition phase.  Issues raised in the submission(s) are addressed as follows:

 

 

Submission

Issues Raised

Council Response

1

(Davison)

Hours of operation as placed in consent should be adhered to.

 

 

Should additional extended hours be required for a special event – this should be sought via a DA process for the event.

 

Parking is in the same location as original and due to its proximity with neighbor, the requirement for sealing to prevent noise and dust should be retained.

 

Proposed alterations to the building appear to have been undertaken. 

 

 

Noted. This is the purpose of the modification. Hours are consistent with other cellar door operations.

 

Noted

 

 

 

 

 

Noted

 

 

 

 

 

 

Noted

2

(Nicholls)

The proposed extension of trading hours will impact on amenity of adjoining dwelling which is in close proximity to cellar door building. Trading hours should remain as approved.

 

 

 

 

 

 

The requirement for sealing of carparking areas and access should remain due to the proximity of these areas to the adjoining dwelling – and its impact on noise and dust.

 

Their modification is a way of using the premise for a function centre.

 

Noted. The proximity of the cellar door structure to the rear of the adjoining dwelling is approximately 60m apart. Whilst the distance apart cannot be varied the hours of operation and scale were taken in account with the original application with conditions placed on the approval to address/minimize adverse impacts of noise.

 

The condition was applied to the original consent to reduce the risk of dust arising from traffic generation of the cellar door operation and the car parking areas proximity to the adjoining dwelling.

 

Function centre is separately defined under the standard instrument

 

3

Proposed modification will impact dramatically on the amenity of the occupiers of the adjoining dwelling

 

 

Approved hours of operation are consistent with other cellar door operations in the area

 

Proposed hours of operation is open ended

 

Noise travels further at night and will impact adversely on the occupiers of the adjoining dwelling

 

Occasional functions will not be profitable

 

 

Gravel driveway is noisier than one that is bitumen sealed

 

Dust

 

 

The evergreen hedge that is proposed will take years to grow and be of benefit if at all

 

Dirt and gravel will wash into watercourse

 

If vehicle numbers are modest why modify the hours of operation for infrequent use as not profitable

 

Proposed structural alterations are already undertaken

 

 

Noted. The assessment process is being undertaken to determine the impact of the proposed changes to the approved development.

 

Noted

 

 

 

 

Noted

 

 

 

 

 

 

 

Not a matter for consideration under the EP&A Act

 

Subjective

 

 

 

The original approval required sealing

 

Noted

 

 

 

 

 

 

Profitability of the proposed changes is not a matter for consideration under the EP&A Act

 

Council is not the consent authority for the building works. A Private Certifier was engaged by the Applicant.

 

PUBLIC AUTHORITY CONSULTATION

 Whilst the initial application was referred to Roads and Maritime Services (RMS) for concurrence, the modification was not required to be referred as the modification did not propose to change access points.

 

PUBLIC INTEREST s79C(1)(e)

 

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

 

CONCLUSION

In accordance with Section 96(1A) of the Environmental Planning and Assessment Act 1979, the proposed modification is of minimal environmental and is substantially the same development for which development consent was originally granted. The modification was neighbor notified for a period of 14 days with the main concerns  being raised including noise, dust associated with the cellar door operation and adverse impact on the amenity of the nearby dwelling. Similar concerns were raised during the initial consultation period for the development. The modification seeks an amendment to the wording of Condition 8 allowing functions associated with Cabonne and Orange Food Week Festivals; amend Condition 23 to allow internal roads and parking areas to be of a gravel surface instead of bitumen sealing; and seek minor changes to the cellar door structure. Based on the information provided and the nature of the submissions, it is considered that the wording of Condition 8 and Condition 23 be retained and the consent amended to reflect minor changes to the cellar door structure plans (Reference 031622CC Sheet 2 and 3 dated 08.09.2015). It is noted that the works have been completed and the Private Certifier (not Council) for the constructions works has issued an Interim Occupation Certificate for the development.

 

Please note that guidelines have been issued under Section 23A of the Local Government Act titled “Council decision making during merger proposal periods”. Council must consider the guidelines in relation to each decision they make during the proposal period, this matter is of an ongoing nature and it is considered it complies with the guidelines.

 

 

ITEM 34 - EXEMPTION TO THE ALCOHOL PROHIBITED AREA AND ALCOHOL FREE ZONE FOR THE VILLAGE GREEN, MOLONG FOR AN APPROVED EVENT - 100 MILE DINNER

REPORT IN BRIEF

 

Reason For Report

To release the restriction for the alcohol prohibited area and the alcohol free zone for the Village Green, Molong for the approved Food Week Event known as the 100 Mile Dinner

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.4.1.c. Provide assistance to community groups

Annexures

1.  Orange Food Week - Lifting of the Alcohol Restrictions for the Village green - Mon 11 April 2016    

File Number

\Development Applications\DEVELOPMENT APPLICATION\2014\03-2014-0124 - 731031

 

 

Recommendation

 

THAT:

 

1.  Council agree to Molong Advancement Group and Orange FOOD Week Committee’s 100 Mile Dinner request to suspend the Alcohol Prohibited Order and Alcohol Free Zone for the Village Green and the road reserve/pavement bounding Bank Street and Gidley Street, Molong for Monday 11 April, 2016; and

2.  Council advertise the changes in the Central Western Daily and the Molong Express prior to the event.

 

Senior Town Planner's REPORT

 

Council has received a request from the Molong Advancement Ground and Orange Food Week Committee to consider relaxing the alcohol restrictions of the Village Green that relates to the prohibition of people consuming alcohol on the Village Green for one of Orange Food Weeks signature events, 100 Mile Dinner on Monday 11 April 2016 (copy attached). The committee also seeks to temporarily revoke the order for the alcohol free zones on the road reserve and/pavement for the area bounding the Village Green along Bank and Gidley Streets. Whilst the DA has approved hours of operation being from 2pm till Midnight on the day of the event (which includes time for setup and clean up), licensing for the selling and consumption of alcohol will only be permitted during the hours of 6:30pm to 10:30pm.

 

The order from the General Manager stipulates that it is prohibited to consume or bring alcohol onto the Village Green. It should be noted Orange City Council has agreed to similar requests to temporarily revoke orders for events such as Slow Summer and Wine Week at Robertson Park in Orange.

 

Under Clause 645 of the Local Government Act there is the ability to either suspend or cancel an alcohol free zone or alcohol prohibited area. This may occur as a result of a request from any person or body, or at a Council’s own initiative. Consultation with the Canobolas Local Area Command Licensing Coordinator has been undertaken with no objections for the suspension of alcohol restrictions for the duration of the event. The Licensing Officer has been advised of the date of the proposed event and projected numbers and also confirming receipt of an application for a Limited Licence for Food of Orange District Week for the approved event.

 

Should Council agree to support the request from Orange FOOD Week Committee and Molong Advancement group, Council will formally advertise these changes in the Central western Daily and the Molong Express prior to the event taking place, the cost of which is to be met by the Event Organisers.

 

CONCLUSION

A resolution from Council is needed to suspend the Alcohol Prohibited Order and the Alcohol Free Zone for the Molong Village Green and the surrounding road reserve and pavement areas bounded by Banks Street & Gidley Street for the proposed event. Council will also have to formally advertise these changes in the paper in accordance with the Local Government Regulations.

 

Please note that guidelines have been issued under Section 23A of the Local Government Act titled “Council decision making during merger proposal periods”. Council must consider the guidelines in relation to each decision they make during the proposal period, this matter is of an ongoing nature and it is considered it complies with the guidelines.

 

 

ITEM 35 - DA 2014/0169 DWELLING ON LOT 1 DP 859712, LONG ROAD, LIDSTER

REPORT IN BRIEF

 

Reason For Report

The application has been referred to Council as the proposal does not meet the provisions of Clause 4.2A of the Cabonne Local Environmental Plan 2012 for a dwelling.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.3.a. Assess and determine development applications,construction certificate applications and Onsite Sewerage Management Systems (OSMS) to meet agreed service levels

Annexures

Nil   

File Number

\Development Applications\DEVELOPMENT APPLICATION\2014\03-2014-0169 - 732168

 

 

Recommendation

 

THAT Development Application 2014/0169 for a Dwelling on land described as Lot 1 DP 859712, Long Road, Lidster, be refused as the development does not comply with Clause 4.2A of the Cabonne Local Environmental Plan 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 Dwelling on land described as Lot 1 DP 859712, Long Road, Lidster. The application seeks consent for a dwelling that will consist of two (2) bedrooms, ensuite, bathroom, kitchen and living area. Materials will consist of stone blockwork and metal roofing. Access will be via Long Road.

 

The application is not advertised development and is not required to be neighbor notified.

 

The application has been referred to the Council for determination as the land does not meet the provisions of Clause 4.2A of the Cabonne Local Environmental Plan 2012.

 

It is recommended that the application be refused.

 

Applicant: Ian Freeland c/o:- Peter Basha Planning & Development

Owner:      Ian Freeland

Proposal:  Dwelling

Location:   Lot 1 DP 859712, Long Road, Lidster

Zone:         RU1 Primary Production

 

Section 23A of the Local Government Act “Council decision making during merger proposal periods” requires Council to consider these guidelines and assess any impact upon a determination. The guidelines have been considered and the proposed modification and determination for the support of determination is not contrary to the guidelines.

 

THE PROPOSAL

It is proposed to seek consent for the construction of a dwelling consisting of two (2) bedrooms, ensuite, bathroom, kitchen, and living area. Materials are identified as stone blockwork and metal roofing.

 

Access is via Long Road. Long Road is identified as a Crown Road currently maintained by Council. A new access point will be required to be constructed to meet Council’s current engineering specifications for the provision of private access.

 

The site is not connected to or have access to reticulated sewer or water. On site provisions for water (via tanks) and sewer (on site effluent management system) will be required to be provided.

 

 

 

 

 

 

 

Site Map

 

 

 

Background

The applicant and owner have sought lenience from Council in asking for additional time in providing additional information to support their claim that the application meets the provisions of the LEP for a dwelling. Sufficient time has been given with no additional information forthcoming.

 

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 – compliance with 4.2A required

Heritage map

Not a heritage item or conservation area

Terrestrial Biodiversity Map

Has biodiversity sensitivity on the subject land - Stringybark - Box - Gum Woodland (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 affected by riparian, watercourse or groundwater vulnerability

Land reservation acquisition map

 

 

      These matters are addressed in the report following.

 

Cabonne Local Environmental Plan 2012

The subject land is zoned 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 2 – Permitted or prohibited development

A dwelling is a permitted landuse in the RU1 zone subject to council consent.

 

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 10.75ha;

·    Was not created under Cabonne LEP 2012;

·    Is not an approved allotment under a deemed environmental planning instrument;

·    Is not a registered subdivision. The plan 859712 appears to have been issued for the land to be sold under the Forestry Act. The form 2 plan indicates that the purpose is for acquisition;

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

·    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

Whilst the subject land is identified as ‘Biodiversity” on the terrestrial Biodiversity Map (Stringybark - Box - Gum Woodland (vegetation on overcleared landscapes)), the proposed development is not likely to have any adverse impact on the flora and fauna of the land. The proposed area for the location of the dwelling is relatively clear and does not propose the removal of any vegetation. No additional measures are required to minimize or mitigate the impacts of the proposed 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

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

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

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)

 

Development Control Plan No 5 – General Rural Zones applies to this development.

 

Section 3.3 Building Requirements

3.3.2 Access & Roading

Vehicle access to the dwelling site is proposed from Long Road.

 

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 30m from the eastern boundary and 37m from the southern boundary that adjoins adjacent forestry land.

 

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. The proposal is for a 2 bedroom dwelling. The DCP allows for a reduction in the storage capacity for potable water if there is a proposal for 2 bedrooms or less. As such, there will be a requirement for a minimum of 45 000 litres for potable water.

 

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 selected stone blockwork and metal roof sheeting. 

Roof and wall materials need to be of a non reflective nature. Any approval would include a condition requiring the use of non-reflection roof materials.

 

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 and Setting

The proposed development is to be set back a minimum of 30m from the eastern boundary and 37m from the southern boundary that adjoins adjacent forestry land.

Visual amenity

The proposed building is single storey and the design is not considered to be inappropriate to the surrounding locality. Materials are identified as consisting of brick walls and metal roofing. Materials used should not be reflective in nature and this includes roofing materials. A condition can be included requiring the use of non-reflective materials for the roof.

 

Access and traffic

Access to the property is off Long Road which is identified as a crown road reserve.

 

Wastewater

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

 

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

 

Physical Attributes and Hazards

The subject land is affected by bushfire hazards. Any approval needs to ensure that all new dwellings are sited and serviced so as to be reasonably

protected from bush fire hazard. Any proposal also needs to comply with Planning for Bushfire Protection 2006.

 

 

 

DEVELOPMENT CONTRIBUTIONS

 

Bushfire contributions would apply to the proposed development.

 

No road contributions would apply to the development as access is proposed via a Crown Road.

 

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

 

The proposed development is not advertised development and is not required to be neighbor notified.

 

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.

 

Please note that guidelines have been issued under Section 23A of the Local Government Act titled “Council decision making during merger proposal periods”. Council must consider the guidelines in relation to each decision they make during the proposal period, this matter is of an ongoing nature and it is considered it complies with the guidelines.

 

 

 

 

ITEM 36 - DA 2016/0082 PROPOSED DWELLING ON LAND DESCRIBED AS LOT D DP 361332, PARISH OF BENEREE, SPRING TERRACE

REPORT IN BRIEF

 

Reason For Report

The application is referred to Council with a recommendation for refusal as the proposal does not meet the provisions of Clause 4.2A of the Cabonne Local Environmental Plan 2012 for dwellings on rual land

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.3.a. Assess and determine development applications,construction certificate applications and Onsite Sewerage Management Systems (OSMS) to meet agreed service levels

Annexures

Nil   

File Number

\Development Applications\DEVELOPMENT APPLICATION\2016\03-2016-0082 - 734009

 

 

Recommendation

 

THAT Development Application 2016/0082 for a Dwelling on land described as Lot D DP 361332, Parish of Beneree, Spring Terrace be refused as the application is inconsistent with the provisions of Clause 4.2A of the Cabonne Local Environmental Plan 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 proposed dwelling upon Lot D DP 361332, Parish of Beneree, Spring Terrace.

 

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: IR Mactier c/- Peter Basha Planning & Development

Owner:      IR Mactier

Proposal:  Dwelling

Location:   Lot D DP 361332, Parish of Beneree, Spring Terrace

Zone:         RU1Primary Production    

 

Section 23A of the Local Government Act “Council decision making during merger proposal periods” requires Council to consider these guidelines and assess any impact upon a determination. The guidelines have been considered and the proposed modification and determination for the support of determination is not contrary to the guidelines.

 

THE PROPOSAL

It is proposed to construct a single storey, four (4) bedroom dwelling upon the 17.35ha subject land. Vehicular access is to be provided via a new access point off a crown road which is un-named.

 

Site

The subject site is located on the eastern side of a crown road approximately 8km west of Spring Hill. The site is rectangular in shape and is relatively clear of native vegetation. The land has an area of 17.35ha and has been utilized for grazing purposes. The land is considered to be vacant of any significant structures.

 

 

 

 

 

 

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

No biodiversity sensitivity on the subject land

Flood planning map

Not within a flood zone

Natural resource – karst map

Not within a karst area

Drinking water catchment map

Not within a drinking water catchment area

Riparian land and watercourse map, groundwater vulnerability map

Is within groundwater vulnerable area (Moderately High – High)

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 17.35ha

·    Was not created under Cabonne LEP 2012

·    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

 

6.4 Groundwater Vulnerability

The subject land has been identified as “Groundwater Vulnerable” on the Groundwater Vulnerability Map (Moderately High – High). The proposed development will not have adverse impacts on groundwater dependent systems nor any cumulative effect on the groundwater system itself. The proposed development will not result in groundwater contamination. No additional measures are required to avoid, minimize, or mitigate impacts of the proposed dwelling.

 

 

 

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 a Crown Road. As such, Crown concurrence would be required for residential use of the Crown Road Reserve.

 

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 110m from western boundary (crown road boundary) and approximately 90m from the northern boundary.

 

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

Connected 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 face brick walls and colorbond roof sheeting.

 

3.3.8 Bushfire Protection

The site is not identified as bushfire prone land. However, 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

The proposed dwelling is located in an area used primarily for agriculture, namely grazing located approximately 8km to the west of Spring Hill. 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 a Crown Road and as such consent from the crown will be required for residential use of this road reserve. Any new access point would be required to be constructed to Council’s current Provision of Private Access Specification. The average number of vehicle trips from a dwelling is estimated as 9 movements per day and the additional demand on road infrastructure would be minor.

 

Wastewater

Wastewater disposal would be via a new 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 contributions would not be application to the application as access is proposed via a Crown Road; however 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.

 

Please note that guidelines have been issued under Section 23A of the Local Government Act titled “Council decision making during merger proposal periods”. Council must consider the guidelines in relation to each decision they make during the proposal period, this matter is of an ongoing nature and it is considered it complies with the guidelines.

 

 

ITEM 37 - DA 2016/0081 DWELLING ON LAND DESCRIBED AS LOT E DP 361331, PARISH OF BENEREE, SPRING TERRACE

REPORT IN BRIEF

 

Reason For Report

The proposed development for a Dwelling does not meet the provisions of Clause 4.2A of the Cabonne Local Environmental Plan 2012 with a recommendation of refusal

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.3.a. Assess and determine development applications,construction certificate applications and Onsite Sewerage Management Systems (OSMS) to meet agreed service levels

Annexures

Nil   

File Number

\Development Applications\DEVELOPMENT APPLICATION\2016\03-2016-0081 - 732329

 

 

Recommendation

 

THAT Development Application 2016/0081 for a Dwelling on land described as Lot E DP 361331, Parish of Beneree, Spring Terrace be refused as the application is inconsistent with the provisions of Clause 4.2A of the Cabonne Local Environmental Plan 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 proposed dwelling upon Lot E DP 361331, Parish of Beneree, Spring Terrace.

 

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: IR Mactier c/- Peter Basha Planning & Development

Owner:      IR Mactier

Proposal:  Dwelling

Location:   Lot E DP 361331, Parish of Beneree, Spring Terrace

Zone:         RU1Primary Production    

 

Section 23A of the Local Government Act “Council decision making during merger proposal periods” requires Council to consider these guidelines and assess any impact upon a determination. The guidelines have been considered and the proposed modification and determination for the support of determination is not contrary to the guidelines.

 

THE PROPOSAL

It is proposed to construct a single storey, one (1) bedroom dwelling upon the 16.24ha subject land. Vehicular access is to be provided via a new access point off a crown road which is un-named.

 

Site

The subject site is located on the eastern side of a crown road off Bulls Lane approximately 8km west of Spring Hill. The site is rectangular in shape and is relatively clear of native vegetation. The land has an area of 16.24ha and has been utilized for grazing purposes. The land is considered to be vacant of any significant structures.

 

 

 

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 (Apple Box - Yellow Box - Mountain Gum open-woodland on flats and low hills of the central tablelands)

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

Is within groundwater vulnerable area (Moderately High – High)

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 16.24ha

·    Was not created under Cabonne LEP 2012

·    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 (Apple Box - Yellow Box - Mountain Gum open-woodland on flats and low hills of the central tablelands). 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.

 

 

6.4 Groundwater Vulnerability

The subject land has been identified as “Groundwater Vulnerable” on the Groundwater Vulnerability Map (Moderately High – High). The proposed development will not have adverse impacts on groundwater dependent systems nor any cumulative effect on the groundwater system itself. The proposed development will not result in groundwater contamination. No additional measures are required to avoid, minimize, or mitigate impacts of the proposed dwelling.

 

 

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 a Crown Road. As such, Crown concurrence would be required for residential of the Crown Road Reserve.

 

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 60m from western boundary (crown road boundary) and approximately 60m from the northern boundary.

 

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

Connected 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 custom or cladding (“paperbark’) walls and colorbond roof sheeting.

 

3.3.8 Bushfire Protection

The site is not identified as bushfire prone land. However, 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

The proposed dwelling is located in an area used primarily for agriculture, namely grazing located approximately 8km to the west of Spring Hill. 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 via a Crown Road and as such consent from the crown will be required for residential use of this road reserve. Any new access point would be required to be constructed to Council’s current Provision of Private Access Specification. 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 a new 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 contributions would not be applicable to the application as access is proposed via a Crown Road; however 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.

 

Please note that guidelines have been issued under Section 23A of the Local Government Act titled “Council decision making during merger proposal periods”. Council must consider the guidelines in relation to each decision they make during the proposal period, this matter is of an ongoing nature and it is considered it complies with the guidelines.

 

 

ITEM 38 - DA 2016/91 FOR A DWELLING UPON LOT 103 DP 506141 AND LOT 106 DP 590978 CLUBHOUSE LANE, MOLONG

REPORT IN BRIEF

 

Reason For Report

To grant approval for a dwelling

Policy Implications

Building Alignment Policy - Request Variation

Budget Implications

Nil

IPR Linkage

4.5.3.a. Assess and determine development applications,construction certificate applications and Onsite Sewerage Management Systems (OSMS) to meet agreed service levels

Annexures

1.  Draft Conditions of Consent 2016 91    

File Number

\Development Applications\DEVELOPMENT APPLICATION\2016\03-2016-0091 - 731498

 

 

Recommendation

 

THAT:

 

1.   Development Application 2016/91 for a dwelling upon Lot 103 DP 506141 and Lot 106 DP 590978 be granted consent subject to the conditions attached; and

2.   Council support a variation to its Building Alignment Policy and a building setback from Clubhouse Lane of 4.5m for development of a dwelling upon Lot 106 DP 590978.

 

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 2016/91 submitted for a new dwelling upon Lot 103 DP 506141 and Lot 106 DP 590978 land also known as 4-6 Clubhouse Lane, Molong.

 

The application has been referred to the Council for determination as the application seeks variation of the Building Alignment Policy.

 

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

 

Applicant:           Bell River Homes

Owner:                BNA Neville & O Kouros

Proposal:            Dwelling

Location:                      Lot 103 DP 506141 & Lot 106 DP 590978, 4-6 Clubhouse Lane, Molong

Zone:                  R1 General Residential    

 

 

The PROPOSAL

Council approval is sought for a new dwelling comprising 3 bedrooms, one bathroom, laundry and combined kitchen/dining/lounge area. External construction materials are colorbond roof sheeting and select face brickwork.

 

The proposed dwelling will be located upon Lot 106 and will face north to Clubhouse Lane. It is proposed to be setback 4.5m from the front boundary and up to 4.1m from the side boundaries. The application seeks variation to Council’s Building Alignment Policy. The policy states the minimum setback form the front boundary of the property to the nearest point of the building shall be 8 metres except by Council resolution. The proposed front setback for this dwelling is 4.5m which is contradictory to the policy and this is addressed in this report.

 

The proposed dwelling is to be connected to local services and utilities. Connections are available to Molong water supply and reticulated sewerage. Vehicle access is via the existing access to Clubhouse Lane which currently services the industrial sheds at the rear of the lot. The metal sheds are proposed to be demolished in development of the site.

 

The SITE

 

MATTERS FOR CONSIDERATION

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

 

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

 

Clause 1.2  Aims of the Plan

The broad aims of the LEP are as follows:

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

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

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

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

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

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

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

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

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

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

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

 

Clause 1.9A Suspension of covenants, agreements and instruments

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

·    Covenants imposed or required by council

·    Prescribed instruments under s183A of Crown Lands Act 1989

·    Any conservation agreement under National Parks and Wildlife Act 1974

·    Any trust agreement under the Nature Conservation Trust Act 2003

·    Any property vegetation plan under the Native Vegetation Act 2003

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

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

 

      Mapping

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

 

     

Land zoning map

Land zoned R1 General Residential

Lot size map

Minimum lot size 500m2

Heritage map

Not a heritage item or conservation area

Terrestrial Biodiversity Map

No biodiversity sensitivity on the subject land

Flood planning map

Not within a flood zone

Natural resource – karst map

Not within a karst area

Drinking water catchment map

Not within a drinking water catchment area

Riparian land and watercourse map, groundwater vulnerability map

Not affected by riparian, watercourse or groundwater vulnerability

Land reservation acquisition map

 

 

      These matters are addressed in the report following.

 

Cabonne Local Environmental Plan 2012

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

 

Objectives of the R1 General Residential zone

The proposal is not contrary to the aims of the LEP or the objectives of the R1 zone.  The development relates to and is consistent with the zone objectives which seek to

 

• To provide for the housing needs of the community.

• To provide for a variety of housing types and densities.

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

 

Part 4 – Principal development Standards

There are no principal development standards that apply to the proposed development.

 

Part 5 – Miscellaneous provisions

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

 

Part 6 – Additional local provisions

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 55 Remediation of Land applies to the proposed development.  

 

The proponent has undertaken a Preliminary Contamination Investigation of the site, dated 21 July 2015, in accordance with the contaminated land management planning guidelines State Environmental Planning Policy  No. 55 to determine the soil contamination status of Lot 106 DP 590978.

 

As stated in the executive summary by Envirowest Consulting, the site has a history of apiculture (beekeeping). The site contains a large metal shed and gravel concrete driveway. No evidence of mines, karst landscapes or contaminating industrial activities was observed during the investigation. The contamination status of the site was assessed from a soil sampling and labatory analysis program (5 soil samples) and all levels of the analysed metals were less than the EPA investigation thresholds for residential land-use with access to soil. No contamination was found and no further investigation is necessary.

 

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

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

 

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

 

Development Control Plan 10 – Molong Flood Prone Land applies to the subject land.

Lot 106 DP 590978 and Lot 103 DP 506141 are identified as being located within the Outer Floodplain (1 in 300 year) as per the Molong Floodplain Management Study. In accordance with DCP 10, any proposed development within the Flood Inundation Awareness Zone must have a habitable floor space greater than the 100-year ARI flood (plus 0.5m freeboard).

Given that the 1 in 100 year flood height at the site has an RL 528.2 and the proposed finished floor level of the proposed dwelling is RL 529.65 as shown on the supplied plans. The proposed finished floor height would be 1.45m above a 1 in 100 year flood event which satisfies the minimum requirements set out in DCP 10 for habitable floor height. A draft condition will be included below to ensure the indicated finish floor height (as per supplied plans) is achieved.

 

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

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

 

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

 

Siting & Location

The proposed dwelling is located upon lot 106 in front of the existing sheds (proposed to be demolished). The dwelling will face west towards Lot 103 and will not front any street. It will be setback 4m from the eastern boundary and 4.5m from the northern boundary. It is noted that Council’s Building Alignment Policy states the minimum setback from the front boundary of the property to the nearest point of the building shall be 8 meters except by Council resolution. The proposed setbacks are considered adequate and the orientation of the building is also satisfactory given that Clubhouse Lane is the only point of access for both lots. Also, there are no other developments either side of the site with which to align the proposed dwelling. The site design is considered to be acceptable while both lots are held in the same ownership and there will be no adverse impact from the development proceeding. As a draft condition of consent the proponent is required to consolidate lot 103 and 106 to ensure the dwelling is retained on both lots and they are not held in separate ownership.

 

Visual amenity

External construction materials are brick veneer walls and colorbond custom orb roof sheeting. There will be no impact to visual amenity.

 

Access & traffic

Vehicle access to the site is via Clubhouse Lane. The lane is required to be upgraded to a minimum Class 3 Level 3 (6m gravel) in accordance with Council’s current access specifications. Conditions will apply for road improvement works, application of bitumen seal on Clubhouse Lane and provision of private access.

 

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

 

Physical Attributes and Hazards

 

The subject land is affected by flooding hazards. An assessment of the impact of the development has been carried out and the proposal complies with the requirements of DCP No. 10 Flood Prone Land in Molong. There will be no further risk to life or property as a result of the development proceeding.

 

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

 

Please note that guidelines have been issued under Section 23A of the Local Government Act titled “Council decision making during merger proposal periods”. Council must consider the guidelines in relation to each decision they make during the proposal period, this matter is of an ongoing nature and it is considered it complies with the guidelines.

 

 

ITEM 39 - 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 - 718683

 

 

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.

 

Please note that guidelines have been issued under Section 23A of the Local Government Act titled “Council decision making during merger proposal periods”. Council must consider the guidelines in relation to each decision they make during the proposal period, this matter is of an ongoing nature and it is considered it complies with the guidelines.

 

 

ITEM 40 - 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 - 718684

 

 

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.

 

Please note that guidelines have been issued under Section 23A of the Local Government Act titled “Council decision making during merger proposal periods”. Council must consider the guidelines in relation to each decision they make during the proposal period, as these items are for noting it is considered that they are of a nature which complies with the guidelines, however should a called item be proposed to have a resolution other than notation Council would need to further consider how the guidelines apply.

 

ITEM 41 - 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 - 718685

 

 

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.

 

Please note that guidelines have been issued under Section 23A of the Local Government Act titled “Council decision making during merger proposal periods”. Council must consider the guidelines in relation to each decision they make during the proposal period, Council will need to consider the guidelines in conjunction with any matters of urgency.

 

ITEM 42 - 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 - 718686

 

 

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.

 

Please note that guidelines have been issued under Section 23A of the Local Government Act titled “Council decision making during merger proposal periods”. Council must consider the guidelines in relation to each decision they make during the proposal period, this matter is of an ongoing nature and it is considered it complies with the guidelines.

   


Item 7 Ordinary Meeting 23 February 2016

Item 7 - Annexure 1

 

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Item 7 Ordinary Meeting 23 February 2016

Item 7 - Annexure 2

 

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Item 8 Ordinary Meeting 23 February 2016

Item 8 - Annexure 1

 

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Item 10 - Annexure 1

 

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Item 12 Ordinary Meeting 23 February 2016

Item 12 - Annexure 1

 

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Item 15 Ordinary Meeting 23 February 2016

Item 15 - Annexure 1

 

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Item 16 Ordinary Meeting 23 February 2016

Item 16 - Annexure 1

 

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Item 17 Ordinary Meeting 23 February 2016

Item 17 - Annexure 1

 

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Item 18 Ordinary Meeting 23 February 2016

Item 18 - Annexure 1

 

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Item 22 Ordinary Meeting 23 February 2016

Item 22 - Annexure 1

 

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Item 22 Ordinary Meeting 23 February 2016

Item 22 - Annexure 1

 

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Item 23 Ordinary Meeting 23 February 2016

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Item 26 Ordinary Meeting 23 February 2016

Item 26 - Annexure 1

 

Sewer Policy

1 Document Information

Version Date
(Draft or Council Meeting date)

[17 September 2013]

Author

Operations Manager Urban Services and Utilities

Owner

(Relevant director)

Director of Engineering & Technical 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)

13/09/30

2 Summary

This policy takes into account the new sewage schemes in Cudal, Manildra, Cumnock and Yeoval and is used to determine issues detailed in the Scope.

3 Approvals

Title

Date Approved

Signature

Director of Engineering & Technical Services

 

 

4 History

No.

Minute No.

Summary of Changes

Impact on this policy

New Version Date

1

00/04/21

Canowindra Sewerage Scheme

Included

17/04/00

2

00/08/52-8

Capital Contribution Payments – Eugowra and Canowindra Sewerage Schemes

Included

21/08/00

3

99/10/14

Cudal Sewerage Scheme

Included

18/10/99

4

01/02/23-6

Eugowra Sewerage – Additional Cost of House Connections due to Flat Grades

Excluded

19/02/01

5

01/06/35

Eugowra Sewerage - Connection

Excluded

18/06/01

6

00/06/22

Eugowra Sewerage – Headworks Fees

Excluded

19/06/00

7

93/6/98-9

Sewer Main Extension – Rural 1(c) Zones

Excluded

07/06/93

8

91/4/84-10

Sewer Main Extension

Included

15/04/91

9

2010/02/17

Combined into one policy and Adopted by Council

Items No. 1, 2, 3 and 8 are Included. No. 4, 5, 6 and 7 are excluded.

15 Feb 2010

10

13/06/21

Comprehensive review and update to current practices

 

25 June 2013

13/09/30

Readopted as per s165(4)

17 September 2013

 

5 Objective of the Policy

The objectives of the Sewer Policy are as follows:

1.   To follow CSP 5.3 Sustainable waste management practices are in a place across Cabonne;

2.   Protection of public health;

3.   Protection of the environment and State’s water Resource;

4.   Protection of Cabonne sewage scheme assets;

5.   To provide Council with clear direction on the appropriate application of all sewer fees and charges;

6.   To provide clear direction on conditions where a sewer main may be extended; and

7.   To provide clear direction on conditions where a property may be connected to sewer.

6 Scope

The policy is applicable to all towns within the Cabonne Council LGA that are serviced by a sewage scheme operated by Cabonne Council, which include: Molong; Canowindra; Eugowra; Cudal; Manildra; Cumnock and Yeoval.

Note that Cumnock and Yeoval are expected to be commissioned in the middle of 2015 and will be governed by this Policy.

This policy is used to determine the following issues:

1.   All issues related to sewer main extensions

a.   Fees and charges regarding sewer mains extensions

b.   Permissibility of sewer main extensions

c.   Application for mains extensions

2.   All issues related to sewer connections in gravity sewage schemes

a.   Fees and charges related to connection to gravity sewage schemes

b.   Conditions for compulsory sewer connection

c.   Permissibility of sewer connection

d.   Application for sewer connections

3.   All issues related to sewer connections in low pressure sewage schemes

a.   Fees and charges related to connection to low pressure sewage schemes

b.   Application for sewer connections

c.   Conditions for compulsory sewer connection

d.   Permissibility of sewer connection

7 Associated Legislation

·    Local Government Act 1993

·    Water and Sewerage Industry Act 2008

·    NSW Plumbing and Drainage Act 2011

·    NSW Plumbing and Drainage Regulation 2012

·    Protection of Environment Operations Act 1997

8 Definitions

4 Towns Sewer Scheme

Refers to the sewer schemes of Cudal, Manildra, Cumnock and Yeoval, which operate using the low pressure sewer system.

Access/Availability Charge

Charge that is paid on an annual basis on a property/allotment that is within the village zone and within 75m of a practical connection to a sewer main.

Access charge should not be levied on an allotment that cannot be serviced by sewer due to the terrain.

Boundary kit

The boundary kit is used to isolate on property connections from the sewer mains in low pressure sewer schemes. The assembly consist of the boundary box, isolation valve, check valve and inspection tee piece assembly.

Boundary Shaft

It is the equivalent of a boundary kit used in gravity sewage schemes. 

Community use

A non-profit facility that is used for the benefit for the community. This includes showgrounds, sports ovals, public amenities buildings, such as community halls and libraries.

Commercial use

Commercial developments which include golf clubs, motels, hotels, hospitals.

Customer Sanitary Drain

Gravity sewer connecting the property wastewater discharge points to the PSU.

Developer Charges

Developer charges are typically applicable to provide water and sewer services to a new allotment within a general residential/village zone area. The developer charges do not include the cost of mains extension. Refer to Council’s current Fees and Charges for developer charges cost.

Fees and Charges

Refer to Councils Current Fees and Charges.

General residential

Designated village zone based on the current LEP.

Gravity sewage scheme

Conventional sewer system which relies on gravity to transport waste water to the sewage treatment plant.  Pump stations are used to provide sufficient dynamic head to transfer waste water to the sewage treatment plant.  Gravity sewage schemes in Cabonne Council consist of Molong, Canowindra and Eugowra.

LGA

Local Government Area.

Low pressure sewage scheme

Low pressure sewer schemes are the sewage schemes used to service the towns of Cudal, Manildra, Cumnock and Yeoval (4 Towns Sewage Scheme).

Low pressure sewer unit (PSU)

Low pressure sewer unit (PSU) are small waste water pump stations used to operate the low pressure sewage schemes in the 4 Towns Sewer Scheme.  Each low pressure pump system would consist of a pump, waste water tank, level sensor and control panel.

LEP

Local Environmental Plan

Original 4 Towns Village Zone/Original designated village zone

The original 4 Towns Village Zone refers to the sewer schemes of Cudal, Manildra, Cumnock and Yeoval where all the property owners received 60% federal funding for their sewer connection. Prior to this, the towns were not serviced by sewer.  Note that vacant land owners in the Cudal village zone did not pay any pre-construction levy, which was paid by vacant land owners in the village zones of Manildra, Cumnock and Yeoval.

Occupied land in original scheme rateable

These are developer charges and refer to allotments in the 4 Towns Sewer Scheme where owners paid a pre Construction Levy.  The allotments were within the original designated village zone during the time of sewer scheme introduction.  This does not apply to new subdivision that may occur within the boundaries of the original designated village zone

Cudal $5,250 (2012/2013)

Manildra $4,800 (2012/2013)

Occupied land not in original scheme

These are developer charges and refer to allotments in the 4 Towns Sewer Scheme where owners did no pay a pre Construction Levy because they were outside the designated village zone during the time when the scheme commenced.

Pre-construction levy

This is the amount paid by each property owner in the 4 Towns Sewer Scheme to help fund the scheme.  The pre-construction levy was paid annually for a period of 10 years before commencement of construction of the scheme.

·    Cudal, Cumnock and Yeoval paid the same pre-construction levy annually.

·    Manildra paid a reduced levy over a longer period but at a reduced rate.

Pressure Reticulation Sewer

Network pressure mains located outside the property boundary.

Property Discharge Line

Pipeline connecting the property boundary kit to the PSU.

Section 64 Developer Charges

Section 64 Developer charges are upfront charges used to recover part of the sewage infrastructure cost incurred from servicing new developments or additions.  Developments introduce new demand for services and it is equitable that new developments pay a contribution to cover the capital cost of new infrastructure.

Sewer main extensions

Sewer mains are extended to service a previously unserviced area within the village zone/general residential area.

Sewer connection

A sewer connection connects the property to Council’s sewer asset, which may be in the form of sewer mains or a low pressure sewer system.

Vacant Land

Land that is unoccupied by a building (residential or commercial)

Vacant land sewer rates

Rates that are paid on a vacant block of land that must connect to sewer if required under the LEP.

Vacant land not in Original Scheme

Synonymous with unoccupied land not in the Original Scheme. This refers to land that was outside the boundaries Original 4 Towns Sewer Scheme at the start of the scheme (refer to Table 5 for additional Sewer Scheme Details)

Vacant land in Original Scheme

Synonymous with unoccupied land the in Original Scheme. This refers to land that was within the boundaries Original 4 Towns Sewer Scheme at the start of the scheme (refer to Table 5 for additional Sewer Scheme Details).

Vacant land pre-construction levy

This is the levy paid for vacant allotments within the boundaries of original scheme (refer to Appendix A for relevant documents).  Property owners who have paid the levy, which was approximately half the full pre-construction levy, would only have to pay a “catch up” levy for a sewer connection.  

Cudal was the only town which was not involved in Vacant land pre-construction levy, which meant that full head works cost would apply for any existing allotments in the Original Scheme.  The applicable fees and charges are stipulated in this document.

Vacant land “catch up” fee

The vacant land “catch up” fee is the applicable developer charge on an allotment in the original scheme of the 4 Town Sewer Scheme whereby the owner had paid the full vacant land pre-construction levy.  This would apply to residents in Manildra, Cumnock and Yeoval . It will not apply for residents in Cudal as owners of allotments in the original scheme had not paid vacant land pre-construction levy.

Industrial use

Business for commercial gain.

 

9 Responsibilities

9.1 General Manager

The General Manager is responsible for the overall control and implementation of the Cabonne Sewage Scheme.

9.2 Directors and Managers

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

10 Related Documents

Document Name

Document Location

Cabonne Pressure Sewer Guidelines

InfoXpert

Liquid Trade Waste Policy

Policy Register

Request for Reduction in Water and/or Sewerage Consumption Costs Policy

Policy Register

Loans – Sewerage Connection Policy

Policy Register

 


 

11 Policy Statement

Table of Contents

11.1 Overview.. 7

11.2 Sewer Mains Extensions. 8

11.3 Installation of Sewer Mains. 10

11.4 Fees and Charges. 10

11.5 Capital Contribution Payments Canowindra and Eugowra Sewage Scheme. 13

11.6 Cost of Sewer Mains Extension. 14

11.7 Loans. 14

11.8 Appendix A.. 14

 

11.1 Overview

There are 7 sewer schemes in Cabonne.  These are shown in Table 1.

Table 1 Sewer Schemes within Cabonne

1.       Molong Sewer Scheme

2.       Canowindra Sewer Scheme

3.       Eugowra Sewer Scheme

4.       Cudal Sewer Scheme

5.       Manildra Sewer Scheme

6.       Cumnock Sewer Scheme

7.       Yeoval Sewer Scheme

Sewer Schemes 1, 2 and 3 (Molong, Canowindra and Eugowra sewage schemes respectively) are gravity sewage schemes.  PSUs may be used in these towns to transfer waste water into Council’s sewer mains.  The use of PSUs is permitted where all other forms of waste water management is ineffective or economically unviable, or where PSUs would offer particular environmental, economic and/or social benefit.

Sewer schemes 4, 5, 6 and 7 (Cudal, Manildra, Cumnock and Yeoval) are made up entirely of low pressure sewer systems.

The framework of this Policy consists of two separate sewer systems which are shown in the following chart.

Figure 1 Cabonne Sewer Schemes divided into two types of sewer schemes
 


11.2 Sewer Mains Extensions

The extension of mains is to the allotment boundary.  The extension of mains may not be possible in some locations due to the site specific issues related to the topography and geography of the land.  Sewer mains are extended to service blocks that are not currently serviced.  This does not include the sewer connection from the dwelling/property.  A sewer main may be extended to service multiple blocks.  Sewer mains are a Council asset (refer to Table 2, Column 1 for additional information).

Mains Extension Subsidy

Any extension developed to serve land subdivision within the town and village zone will be shared on a 50/50 basis between Council the applicant provided Council is satisfied that such subdivision is in the interest of immediate residential development and any contribution will be limited to available funds in the Cabonne Sewer Fund in any one financial year.

 

Sewer connections are to connect the dwelling/property to the sewer mains.  Sewer connections will only service one dwelling/vacant block/commercial premises (refer to Table 2, Column 2 for additional information).

In some properties within the General Residential area, it may not be possible to connect a dwelling/ commercial premises o sewer and a PSU may be used to service the block.  The ownership and responsibility of the PSU is dependent on the town the unit is installed (refer to Table 2, Column 3 and 4 for additional information)

Note that sewer connections to commercial/industrial developments are subject to liquid trade waste approval from the NSW office of Water.

Symbol

Description

ü

YES

X

NO

 

Table 2 Summary of Cabonne Sewer Policy Relating to Permissibility of Connections and Sewer Mains Extensions

Column

1

2

3

4

 

 

Mains Extension

Connection to Sewer

Serviced by PSU (Owner  Asset a& Responsibility)

Serviced by PSU (Council  Asset & Responsibility )

Connection to Rising Main

Molong

General Residential Area (Domestic use)

ü

ü

ü

X

X

General Residential Area (Commercial use)

ü1

ü1

ü

X

X

General Residential Area Vacant Land

ü

ü

ü

X

X

General Residential Area (Community use)

ü

ü

ü

X

X

Outside General Residential Area (Domestic and Commercial use)

X

X

X

X

X

Outside General Residential Area (Community use)

ü2

ü2

ü3

X

X

Canowindra

General Residential Area (Domestic use)

ü

ü

ü

X

X

General Residential Area (Commercial use)

ü1

ü1

ü

X

X

General Residential Area Vacant Land

ü

ü

ü

X

X

General Residential Area (Community use)

ü

ü

ü

X

X

Outside General Residential Area (Domestic and Commercial use)

X

ü4

ü4

X

X

Outside General Residential Area (Community use)

ü2

ü2

ü3

X

X

Eugowra

General Residential Area (Domestic use)

ü

ü

ü

X

X

General Residential Area (Commercial use)

ü1

ü1

ü

X

X

General Residential Area Vacant Land

ü

ü

ü

X

X

General Residential Area (Community use)

ü

ü

ü

X

X

Outside General Residential Area (Domestic and Commercial use)

X

X

X

X

X

Outside General Residential Area (Community use)

ü2

ü2

ü3

X

X

Cudal

General Residential Area (Domestic use)

ü

ü

X

ü

ü

General Residential Area (Commercial use)

ü1

ü1

X

ü

ü

General Residential Area Vacant Land

ü

ü

X

ü

ü

General Residential Area (Community use)

ü

ü

X

ü

ü

Outside General Residential Area (Domestic and Commercial use)

X

X

X

X

X

Outside General Residential Area (Community use)

ü2

ü2

ü3

X

ü2

Manildra

General Residential Area (Domestic use)

ü

ü

X

ü

ü

General Residential Area (Commercial use)

ü1

ü1

X

ü

ü

General Residential Area Vacant Land

ü

ü

X

ü

ü

General Residential Area (Community use)

ü

ü

X

ü

ü

Outside General Residential Area (Domestic and Commercial use)

X

X

X

X

X

Outside General Residential Area (Community use)

ü2

ü2

ü3

X

ü2

Cumnock

 

 

 

 

 

General Residential Area (Domestic use)

ü

ü

X

ü

ü

General Residential Area (Commercial use)

ü1

ü1

X

ü

ü

General Residential Area Vacant Land

ü

ü

X

ü

ü

General Residential Area (Community use)

ü

ü

X

ü

ü

Outside General Residential Area (Domestic and Commercial use)

X

X

X

X

X

Outside General Residential Area (Community use)

ü2

ü2

ü3

X

ü2

Yeoval

 

 

 

 

 

General Residential Area (Domestic use)

ü

ü

X

ü

ü

General Residential Area (Commercial use)

ü1

ü1

X

ü

ü

General Residential Area Vacant Land

ü

ü

X

ü

ü

General Residential Area (Community use)

ü

ü

X

ü

ü

Outside General Residential Area (Domestic and Commercial use)

X

X

X

X

X

Outside General Residential Area (Community use)

ü2

ü2

ü3

X

ü2

1Subject to liquid trade waste approval

2Subject to approval by Council

3If for community use, ownership and responsibility is to the Committee managing the site

4 Molong has an industrial development outside General Residential that is already serviced by sewer (DP 1174587).  In April 2013, there is only one connection, all other allotments are vacant but will be connected to sewer.

11.3 Installation of Sewer Mains

·    Sewer mains extension require authorisation from Council;

·    The installation of sewer mains must be supervised by Council staff trained in its installation;

·    The installation of sewer mains must be in accordance to Council’s specification and

·    Tapping into Councils sewer mains must be performed by Council trained in the procedure.

11.4 Fees and Charges

The developer charges do not include the cost of mains reticulation. Community use facilities can make a submission to Council to request that developer charges be removed (This has been done successfully in Manildra Showground and Cudal Showground).

Connection fee refers to the fee paid to connect a single dwelling/business premises/vacant block to sewer mains as stated in Council’s Fees and Charges.  Connection Fee includes addition of junction, uncovering junction and extension of mains

It is not related to the purchase, installation, commissioning and connection of a PSU in any of the Cabonne Sewer Schemes.  Table 2, the responsibility and ownership of the PSU for the various Cabonne Sewer Schemes.

 

Symbol

Description

ü

YES

X

NO

Table 3 Applicable Fees and Charges relating to sewer for Molong, Canowindra, Eugowra, Cumnock and Yeoval

Column

1

2

3

4

5