cabonne Council colour 200 wide

 

 

 

 

 

 

 

 

20 April 2016

 

 

NOTICE OF ORDINARY COUNCIL MEETING

 

Your attendance is respectfully requested at the Ordinary Meeting of Cabonne Council convened for Tuesday 26 April, 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 – APRIL 2016 COUNCIL MEETING

 

 

2.00pm

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

 

Rianna Reeves – 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 26 April, 2016

Page 1

TABLE OF CONTENTS

 

 

 

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

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

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

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

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

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

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

ITEM 8      HANOVER BRIDGE - LAND ACQUISITION.................................... 9

ITEM 9      INTEGRATED PLANNING & REPORTING - OPERATIONAL PLAN 3RD QUARTER REVIEW............................................................................ 10

ITEM 10    LEWIS PONDS AND LIDSTER FIRE STATIONS......................... 10

ITEM 11    POLICY REGISTER - UPDATES TO CODE OF CONDUCT and PROCEDURE FOR ADMINISTRATION OF.............................................................. 11

ITEM 12    REQUEST FOR DONATION............................................................. 13

ITEM 13    ARCBLUE PROJECT......................................................................... 14

ITEM 14    REQUESTED REALLOCATION OF FUNDS................................. 15

ITEM 15    ORANGE CITY COUNCIL - SPRING HILL AIRPORT PLANNING PROPOSAL - REQUEST FOR SUPPORT OF DRAFT ADDENDUM TO 'COUNCILS OF BLAYNEY, CABONNE AND ORANGE CITY SUB REGIONAL RURAL AND INDUSTRIAL LAND USE STRATEGY 2008' ................................ 16

ITEM 16    DA 2016/0079 SUBDIVISION OF LAND DESCRIBED AS LOT 991 DP 842915, LOT 56 DP 865692, LOT 51 DP 11011892, LOT 1 DP 1147495 AND LOT 2 DP 1209802, STAGECOACH ROAD, ORANGE.................................................... 19

ITEM 17    DA 2016/0024 ANIMAL BOARDING & TRAINING ESTABLISHMENT (GREYHOUNDS) ON LOT 2 DP 773981, 1321 PEABODY ROAD, MOLONG     35

ITEM 18    REQUEST FOR REIMBURSEMENT OF DEVELOPMENT APPLICATION FEES - 2012/0160/4 - MURALS UPON LAND KNOWN AS LOTS 7 & 8 DP10272 BROAD STREET, EUGOWRA......................................................................... 56

ITEM 19    WITHDRAWAL OF CAVEAT ON LAND DESCRIBED AS LOT 4 DP 703326, 326 SCENIC DRIVE, CUDAL.................................................................... 58

ITEM 20    WITHDRAWAL OF CAVEAT ON LAND DESCRIBED AS LOT 5 DP 623569 BEING LAND KNOWN AS 4205 THE ESCORT WAY, CUDAL............... 59

ITEM 21    QUESTIONS FOR NEXT MEETING................................................ 60

ITEM 22    BUSINESS PAPER ITEMS FOR NOTING...................................... 61

ITEM 23    MATTERS OF URGENCY................................................................. 62

ITEM 24    COMMITTEE OF THE WHOLE SECTION OF THE MEETING... 62

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      WATER ACCOUNT 4276000009 REQUEST FOR CONSIDERATION OF COSTS

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

ITEM 5      WATER ACCOUNT 4667200002 REQUEST FOR CONSIDERATION OF COSTS

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

ITEM 6      PLANT REPLACEMENT THREE TIPPING TRUCK AND DOG COMBINATIONS

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

 

ANNEXURE ITEMS

 

ANNEXURE 7.1    March 22 2016 Ordinary Council minutes....... 64

ANNEXURE 7.2    April 12 2016 Extraordinary Council minutes 80

ANNEXURE 8.1    Council 2015-06-23 [653033].......................................... 85

ANNEXURE 9.1    Operational Plan 2015/16 3rd Quarter Review 87

ANNEXURE 11.1  DRAFT Code of Conduct Policy ......................... 135

ANNEXURE 11.2  DRAFT -Code of Conduct - Procedure for the Administration of Policy....................................... 155

ANNEXURE 12.1  Canowindra Preschool - Request for Donation         186

ANNEXURE 15.1  Spring Hill Airport Planning Proposal Site Plan      187

ANNEXURE 15.2  Rezoning master plan-concept plan............ 189

ANNEXURE 15.3  Department of Planning team report.......... 243

ANNEXURE 16.1  Draft Conditions of Consent............................. 245

ANNEXURE 17.1  Draft Conditions......................................................... 249 

 


 

 

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 - 744313

 

 

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 - 2016 - 744314

 

 

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 - 744315

 

 

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 - 744318

 

 

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 - 744319

 

 

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 - 744320

 

 

Recommendation

 

THAT:

1.          Councillors call any items they wish to further consider

2.          Items 7 to 8 be moved and seconded.

 

 

Director of Finance and Corporate Services' REPORT

 

Items 7 to 8 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.  March 22 2016 Ordinary Council minutes

2.  April 12 2016 Extraordinary Council minutes    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - MINUTES - 2016 - 744321

 

 

Recommendation

 

THAT the minutes of the Ordinary meeting held 22 March 2016 and the Extraordinary meeting held 12 April 2016 be adopted.

 

General Manager's REPORT

 

The following minutes are attached for endorsement.

 

1.   Minutes of the Ordinary Council meeting held on 22 March 2016; and

2.   Minutes of the Extraordinary Council meeting held on 12 April 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 - HANOVER BRIDGE - LAND ACQUISITION

REPORT IN BRIEF

 

Reason For Report

To acquire land in order to realign the road and Hanover Bridge on Banjo Patterson Way between Cumnock and Yeoval.

Policy Implications

Nil

Budget Implications

$10,000 sourced from project allocation

IPR Linkage

1.1.4.d. Regional bridge construction undertaken

Annexures

1.  Council 2015-06-23 [653033]    

File Number

\OFFICIAL RECORDS LIBRARY\ROADS and BRIDGES\ACQUISITION\YEOVAL - HANOVER CREEK BRIDGE - LOT 7300 DP 1144896 - CROWN - 745428

 

 

Recommendation

 

THAT Council authorise:

 

1.  The purchase of 5,500sqm of land from Lot 7300 DP 1144896 by way of compulsory acquisition in accordance with the Land Acquisition (Just Terms Compensation) Act 1991;

2.  An application to be made to the Minister and the Governor for approval to acquire part Lot 7300 DP 1144896 by compulsory acquisition process;

3.  The affixation of the Common Seal to the Crown licence documents;

4.  The affixation of the Common Seal and appropriate signatures on the associated land transfer documents.

 

Acting Technical Services Manager's REPORT

 

As per the attached report Council has previously resolved to authorise land acquisitions for the realignment of Hanover Bridge. Council has been advised by Crown Lands that the acquisition of Lot 7300 DP 1144896 which is Crown owned will need to be undertaken by compulsory acquisition process. As such Council needs to alter the resolution in order to undertake the acquisition.

 

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 has been an ongoing issue and money will be sourced from the current budget.

 

 

ITEM 9 - INTEGRATED PLANNING & REPORTING - OPERATIONAL PLAN 3RD 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.  Operational Plan 2015/16 3rd Quarter Review    

File Number

\OFFICIAL RECORDS LIBRARY\CORPORATE MANAGEMENT\PLANNING\INTEGRATED PLANNING AND REPORTING 2015 - 747259

 

 

Recommendation

 

THAT, subject to any alterations the Council deems necessary at the April Council meeting, the update of the Operational Plan to 31 March 2016, as presented be adopted.

 

Director of Finance and Corporate Services' REPORT

 

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

 

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

 

The third quarter 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 10 - LEWIS PONDS AND LIDSTER FIRE STATIONS

REPORT IN BRIEF

 

Reason For Report

To advise on request for funding for an extension to the Lewis Ponds Fire Station and DA Fees for Lidster Fire Station.

Policy Implications

Nil

Budget Implications

$40,000 to be reimbursed by the Rural Fire Service

IPR Linkage

5.6.2.a. Actively maintain support of the Canobolas Rural Fire Zone management

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\EMERGENCY SERVICES\SERVICE PROVISION\NSW RURAL FIRE SERVICE - 748095

 

 

Recommendation

 

THAT Council:

 

1.   Vote $40,000 for extensions to the Lewis Ponds Fire Station and $1,100 for the DA fees for the new Lidster Fire Station to be reimbursed by the Rural Fire Service; and

 

2.   Resolve that the expenditure is required and warranted to enable allocated works to proceed.

 

Director of Finance and Corporate Services' REPORT

 

Council have received a request for funding for the extension of the Lewis Ponds Fire Station and DA fees for the new Lidster Fire Station. These funds are reimbursed by the Rural Fire Service and will usually be dealt with through the Quarterly Budget Review process however, as Council is in a merger proposal period the guidelines issued under Section 23A must be taken into consideration.

 

Under the guidelines, funding that was not included in Council’s original budget must be considered in open council and the resolution voting the funds must state the reason why the Council considers the expenditure is required and warranted. 

 

 

ITEM 11 - POLICY REGISTER - UPDATES TO CODE OF CONDUCT and PROCEDURE FOR ADMINISTRATION OF

REPORT IN BRIEF

 

Reason For Report

For Council to consider adoption of same

Policy Implications

Yes - will become Council's current versions of these documents

Budget Implications

Nil

IPR Linkage

4.5.1.f. Code of Conduct adhered to

Annexures

1.  DRAFT Code of Conduct Policy  

2.  DRAFT -Code of Conduct - Procedure for the Administration of Policy    

File Number

\OFFICIAL RECORDS LIBRARY\CORPORATE MANAGEMENT\POLICY\POLICY CORRESPONDENCE - 746659

 

 

Recommendation

 

THAT Council adopt the:

1.  Draft Code of Conduct by way of policy.

2.  Draft Procedure for the Administration of the Code of Conduct by way of policy.

 

Administration Manager's REPORT

 

Council received a report to the December 2015 meeting advising that the Local Government Act (the “LG Act”) has been amended by the Local Government Amendment (Councillor Misconduct and Poor Performance) Act 2015 (the “CMPP Act”).

 

The object of the CMPP Act is to reform the legislative scheme for addressing councillor misconduct and poor performance by streamlining and improving the effectiveness of performance improvement orders and to provide stronger powers to the Minister and the Chief Executive of the Office of Local Government.

The CMPP Act is designed to strengthen provisions introduced in 2013 when the legislation was last amended in this regard through the enactment of the early intervention framework to allow a more rapid response to poor performance and to drive improvement.  New amendments offer a more effective deterrent to serious and repeated councillor misconduct and ensure timely action is taken to uphold councillor behaviour.

The former provisions of the LG Act that allowed councillors to participate in the consideration of changes to a planning instrument applying to a council’s area where they have a pecuniary interest have also been amended.

 

The Code of Conduct policy has been updated following from the commencement of the CMPP Act including addition of an expanded definition of misconduct (Part 9) and clarification of councillors’ participation in voting during planning decisions in which a pecuniary interest is involved (4.29).

Also updated references (various) to Division of Local Government to Office of Local Government (OLG) and clarified the public officer’s responsibilities (7.1).

 

The Procedure for the Administration of (the code of conduct) policy has been updated including addition of an expanded definition of misconduct and clarification of councillors’ participation in voting during planning decisions in which a pecuniary interest is involved (Part 2).

Also updated references to Division of Local Government to Office of Local Government (OLG).

 

Draft versions of these updated documents are attached, it is recommended the Council adopt these if considered appropriate.

 

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 12 - REQUEST FOR DONATION

REPORT IN BRIEF

 

Reason For Report

The Canowindra Preschool has requested a donation in support of their fundraiser to expand their services.

Policy Implications

Nil

Budget Implications

To be funded from current budget allocations

IPR Linkage

4.4.1.c. Provide assistance to community groups

Annexures

1.  Canowindra Preschool - Request for Donation    

File Number

\OFFICIAL RECORDS LIBRARY\COMMUNITY RELATIONS\SPONSORSHIP - DONATIONS\SPONSORSHIP - DONATIONS - 2016 - 747242

 

 

Recommendation

 

THAT Council donate $300 to the Canowindra Preschool fundraiser.

 

Community Services Manager's REPORT

 

The Canowindra Preschool seeks Council support for their Great Gatsby Gala fundraising night on the 4 June 2016.

 

The preschool has reported that it faces a significant loss of income following a NSW Government decision to only fund preschool places for children aged 4 and 5 years. To replace the lost income, the preschool has branched out into after school care and also wish to expand into long day care services for younger children.

 

The Preschool is working to raise $30,000 to construct an additional room for the long day care.

 

Should Council wish to make a donation this could be funded from its s356 budget for donations, which has expenditure of $4,627 from a budget of $7,168 leaving a balance of $2,541.

 

Donations made to date are as follows;

 

$300          Cudal Camp Draft Association

$200          Molong Historical Society 50th anniversary celebrations

$300          Memorial for Constable John Herbert at Canowindra

$200          Manildra Christmas party fireworks display

$250          St Joseph’s School Molong excursion to Canberra

$250          St Joseph’s School Manildra excursion to Canberra

$250          Rotary Club of Orange Calare - drug education forums

$500          Molong Christmas Tree Party

$200          Cargo Public School spring disco party

$100          Clergate Public School purchase of resources

$1,050       Prizes for school presentation days

$227          Donation towards hall hire Cudal Public School

$300          CWA schools public speaking competition

$500          Cancer Care Western NSW Cruisin’ Along fundraiser

 

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 - ARCBLUE PROJECT

REPORT IN BRIEF

 

Reason For Report

Request to re-vote funds

Policy Implications

Nil

Budget Implications

$14,804 from Plant Reserve

IPR Linkage

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

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\CORPORATE MANAGEMENT\TENDERING\PROCUREMENT PROCESS - PROJECT - 747721

 

 

Recommendation

 

THAT Council:

 

1.   Approve the re-vote of $14,804 from the Plant Reserve that was previously allocated in the 2014/15 financial year; and

 

2.   Resolve that the funds are required and warranted to enable finalisation of a contract entered into in the previous financial year.

 

Finance Manager's REPORT

 

Councillors will be aware that in 2014 Council engaged ArcBlue to assist with procurement guidelines and policies. A change in staff has meant that a re-vote of funds for this project was not allocated in 2015/16 financial year. This project is in the final stages and will be ready to be implemented once the final decision on the merger proposal for Council has been finalised.

 

The original budget for the project was $35,000 and to date only $20,196 has been spent, these funds were authorised to come from the Plant Fund. It is requested that Council approve the re-vote so that the project can be finalised.

 

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 14 - REQUESTED REALLOCATION OF FUNDS

REPORT IN BRIEF

 

Reason For Report

Seeking Council authorisation to reallocate funding from pool grease arrestors to pool signage

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

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

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\COUNCIL PROPERTIES\USAGE\COUNCIL POOLS - 746493

 

 

Recommendation

 

THAT Council approve reallocation of $34,500 from pool grease arrestors to pool signage supply and installation.

 

Urban Assets Coordinator's REPORT

 

Council’s 2015/2016 budget contains funding for 4 large grease arrestors for the Molong, Manildra, Eugowra and Cumnock pools. The total funding available is $34,500.

 

Council’s Water and Sewer Manager has reviewed the necessity of the grease arrestors for the pools and advised that they are not required.

 

Council staff have reviewed the signage at all seven pools including depth marking signs, pool rule signs, hazardous chemical signs etc. The estimated cost for supply and installation of all signage is $34,500.

 

As the pool grease arrestors are not now required Council approval is sought to reallocate the $34,500 to pool signage supply and installation. 

 

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.  These funds can be sourced from the current budget.

 

 

ITEM 15 - ORANGE CITY COUNCIL - SPRING HILL AIRPORT PLANNING PROPOSAL - REQUEST FOR SUPPORT OF DRAFT ADDENDUM TO 'COUNCILS OF BLAYNEY, CABONNE AND ORANGE CITY SUB REGIONAL RURAL AND INDUSTRIAL LAND USE STRATEGY 2008'

REPORT IN BRIEF

 

Reason For Report

For the decision of council regarding a request by Orange City Council to support a draft addendum seeking variation to the Blayney, Cabonne and Orange City councils sub regional rural and industrial land use strategy of 2008.

Policy Implications

Possible review of the 2008 adopted sub regional rural and industrial strategy

Budget Implications

Possible implication to part fund a review of the 2008 rural and industrial strategy

IPR Linkage

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

Annexures

1.  Spring Hill Airport Planning Proposal Site Plan

2.  Rezoning master plan-concept plan

3.  Department of Planning team report    

File Number

\OFFICIAL RECORDS LIBRARY\DEVELOPMENT AND BUILDING CONTROLS\BUILDING AND DEVELOPMENT APPLICATIONS\JOINT DEVELOPMENT APPROVALS WITH OTHER COUNCILS - 743445

 

 

Recommendation

 

THAT Council:

 

(1) Advise Orange City Council and the Department of Planning and Environment that it does not support the ‘Orange City Council Rural and Industrial Sub-Regional Strategy Section 16 Review and update’ document; and

 

(2) Would support a review of the ‘Councils of Blayney, Cabonne and Orange City Sub-Regional Rural and Industrial Lands Use Strategy, July 2008’ in its entirety, with such review to be undertaken prior to the Department of Planning and Environment’s Gateway determination of the Spring Hill Airport rezoning Planning Proposal, or any other sub regional planning proposal that is not in accordance with the current endorsed sub regional rural and industrial land use strategy.

 

 

Director of Environmental Services' REPORT

 

Communication has been received from Orange City Council seeking comment upon / support for a draft addendum to the 2008 Blayney Cabonne Orange Sub-Regional Rural and Industrial Land Strategy, as prepared by Orange City Council to support its planning proposal for rezoning of rural land surrounding the Spring Hill Airport to accommodate future industrial development.

 

The recent background to this matter relates to a proposal by Orange City Council to rezone approximately 200ha or rural land located adjacent to the Spring Hill Airport, for establishment of an industrial and technology park as a employment generator. The Planning Proposal was initially lodged with the Department of Planning in May 2015 and subsequently amended in November 2015. The proposal and the support documents can be viewed in full on the Department’s LEP tracking web site

http://leptracking.planning.nsw.gov.au/PublicDetails.aspx?Id=2038.

 

The proposed rezoning of the 200 ha area of rural land is not reflected by the adopted sub regional rural and industrial strategy that was endorsed after extensive community consultation across the local government areas of Blayney, Cabonne and Orange. The addendum prepared as part of Orange City Council’s Planning Proposal seeks to justify the proposed conversion of rural land for industrial purposes, with that land having not previously been considered / supported for such transition zoning.

 

The sub regional strategy addendum relates to proposed development upon land within the Orange City Council local government area and states that demand / supply impact upon industrial land development within Blayney and Cabonne Council areas has not been taken into account.

 

The sub regional strategy was adopted by the three councils of Orange, Cabonne and Blayney and the Department of Planning. Cabonne Council has implemented the sub regional rural and industrial strategy recommendations in its strategic planning actions, including the formulation of Cabonne Local Environmental Plan 2012. Deviations from the endorsed sub regional rural and industrial strategy document have the potential for significant impact to the broader strategic planning outcomes across the sub region. The addendum does not address the wider implications across the Blayney / Cabonne / Orange subregion that may result from significant deviations from the sub regional strategy.

 

It is noted that the Department of Planning has also flagged concerns over the economic justification for the proposed rezoning and the robustness of the draft addendum to the sub regional strategy.

 

The 2008 sub regional rural and industrial strategy provides a strong framework for the growth of the sub region. The document underpins strategic planning decisions of the Blayney, Cabonne and Orange council local government areas. It is recognised that the 2008 strategy should be reviewed regularly and updated for the benefit of the wider community. It is contended that the strategy should be reviewed in its entirety, rather than a potential series of site specific addendums. A review would require the support of all parties and the provision of funds to enable such review to be undertaken.

 

It is suggested with respect to Orange City Council’s request for support of its draft addendum document, that Cabonne advise that council and the Department of Planning and Environment that it does not support the significant variation from the endorsed sub regional strategy (as proposed by Orange City Council by its Planning Proposal for land surrounding the Spring Hill Airport), but would support a co-ordinated review of the rural and industrial sub regional strategy in its entirety to adequately assess current land use demand and supply / economic/ industry, agricultural and lifestyle choice trends/ environmental considerations that may influence the sub region’s strategic planning outcomes.

 

For the information of council the following documents are attached:

 

·    Spring Hill Airport Planning Proposal Site Plan

·    Rezoning master plan / concept plan

·    Department of Planning team report

·    Gateway determination

·    Letter from Orange City Council to Cabonne Council

·    Sub regional strategy addendum as drafted for Orange City 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 not incurring expenditure at this stage however should a review of the sub regional strategy be agreed to by the other Councils a further report will be required to deal with the matter. It is considered it currently complies with the guidelines.

 

 

ITEM 16 - DA 2016/0079 SUBDIVISION OF LAND DESCRIBED AS LOT 991 DP 842915, LOT 56 DP 865692, LOT 51 DP 11011892, LOT 1 DP 1147495 AND LOT 2 DP 1209802, STAGECOACH ROAD, ORANGE

REPORT IN BRIEF

 

Reason For Report

The application has been referred to council for determination as the application seeks to vary a development standard under the Cabonne Local Environmental Plan 2012 to which the council has assumed concurrence from NSW Department of Planning Director General

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.  Draft Conditions of Consent    

File Number

\Development Applications\DEVELOPMENT APPLICATION\2016\03-2016-0079 - 745768

 

 

Recommendation

 

THAT Council:

 

1.   Support the variation to the 100 hectare development standard using council’s assumed concurrence from NSW Department of Planning and Infrastructure Director-General to approve a rural allotment of 92.56ha  containing an existing dwelling; and

 

2.   Approve Development Application DA 2016/0079 for subdivision of land described as Lot 991 DP 842915, Lot 56 DP 865692, Lot 51 DP 11011892, Lot 1 DP 1147495 and Lot 2 DP 1209802, Stagecoach and Icely roads, Orange subject to attached conditions of consent.

 

 

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 subdivision (consolidation of 5 lots into 3 lots) of land described as Lots 991 DP 842915, Lot 56 DP 865692, Lot 51 DP 11011892, Lot 1 DP 1147495 and Lot 2 DP 1209802, Stagecoach and Icely roads, Orange.

 

The application was neighbour notified for a period of 14 days as per council policy on subdivision notification with no submissions being received during the exhibition phase. The proposal has been assessed in accordance with the provisions of the LEP and DCP No.5. The proposal seeks to create a lot under the minimum lot size for agricultural land with an existing dwelling and in accordance with council policy. The applicant has provided a Property Management Plan for proposed Lot 102 which identifies that the proposed subdivision will not reduce the potential for sustainable agricultural production. The applicant has also undertaken an assessment against Clause 4.6 Exceptions to development standards in support of creating a lot with an existing dwelling under the minimum lot size. It is recommended that the application be approved subject to conditions of consent.

 

The application has been referred to council for determination as the application seeks to vary a development standard under the Cabonne Local Environmental Plan 2012. The Department of Planning has given council the ability to determine applications to vary a development standard under assumed concurrence from the Director-General only if:-

 

(a) Only one allotment does not comply with the minimum area, and

(b) That allotment has an area equal to or greater than 90% of the minimum area specified in the standard (ie 100 hectares)

 

The proposed allotment being the subject of the variation request has an area of 92.56 hectares, and the percentage to be varied will not be greater than 10%. Therefore Council can assume concurrence from the Director-General to determine the application.

 

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

Owner:               B & M Cooyal Pty Ltd

Proposal:           Subdivision

Location:            Lot 991 DP 842915, Lot 56 DP 865692, Lot 51 DP 11011892, Lot 1 DP 1147495 and Lot 2 DP 1209802, Stagecoach Road & Icely Road, Orange

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 development and determination for approval is not contrary to the guidelines.

 

THE PROPOSAL

It is proposed to seek consent for subdivision of the land through consolidation of the existing five (5) land titles into three (3) lots:-

 

Proposed Lot

Area (ha)

Purpose

Lot 100

100

Primary Production

Lot 101

100

Primary Production

Lot 102

92.566

Primary Production with an existing dwelling

TOTAL

292.566ha

 

 

The proposed lots will access Stagecoach Road via an existing access point. Proposed Lot 102 has direct road frontage from Stagecoach Road. Proposed Lots 100 and 101 will also utilise this access point with continued access via existing rights of carriageway.

 

Telecommunications and power are available within the locality with any upgrades at the developer’s expense.

 

Site

The site is located on the western side of Stagecoach Road and north of Icely Road, approximately 6km to the east of the Orange urban area. The subject land is held in five (5) parcels and has a total area of 292.56 hectares. The topography of the land is gently to moderately undulating with a general fall towards the north. Vegetative cover comprises mostly cleared grazing land. Small pockets of native timber are located across the land parcels. Drainage of the land is via the natural surface and a series of non-perennial watercourses that flow through the property in a north and easterly direction into Emu Swamp Creek.

 

The property currently operates as a grazing enterprise. Paddock fencing, water supply and associated infrastructure (such as rural sheds) have been established to support the land as a grazing enterprise.

 

The existing land layout has vehicle access via Stagecoach Road and/or Icely Road, both are sealed rural roads.

 

The area is not connected to either reticulated sewer or water and as such on site provisions are required.

 

Telecommunications and electricity are available on site and within the locality generally.

 

 

 

 

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 (Blakely's Red Gum - Yellow Box open-woodland of the tablelands, 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

Is within a karst area

Drinking water catchment map

Not within a drinking water catchment area

Riparian land and watercourse map, groundwater vulnerability map

Groundwater vulnerable (Moderately High – High)

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.  Subdivision of land 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

The proposed development for subdivision is a permissible landuse in the RU1 zone subject to development consent.

 

Part 4 – Principal development Standards

Clause 4.1 Minimum subdivision lot size

The subject land requires a MLS of 100 hectare for each lot created for land zoned RU1 Primary Production. The proposal meets the development standard for minimum lot size with proposed Lots 100 & 101 having an area of approximately 100ha each and proposed Lot 102 having an estimated area of 92.566ha with an existing dwelling.

 

Clause 4.6 Exceptions to Development Standards

1)  The objectives of this clause is:

(a) To provide an appropriate degree of flexibility in applying certain development standards to particular development,

The objective of this clause allows for flexibility to approve a development where compliance with that development standard is not achievable. This proposal relies on the application of this clause of the LEP in order to seek consent for the creation of a lot with an existing dwelling on land less than 100 hectares.

(b) To achieve better outcomes for and from development by allowing flexibility in particular circumstances.

The proposal allows for the continued use of the land for agricultural purposes on a long term basis. A Property Management Plan has been provided in support of the lot that indicates that the land is suitable for continued sustainable agricultural use.

 

2)  Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However this clause does not apply to a development standard that is expressly excluded from the operation of this clause.

A variation of the 100 hectare MLS to permit the creation of a lot with an existing dwelling under the minimum lot size of 100 hectares is a development standard that may be considered within the operations of this clause (ie Clause 4.6).

 

3)  Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating:

(a) That compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and

Current site area of the land is 92.566 hectares. To enlarge the site to meet the MLS to create a lot with an existing dwelling (ie increase of an additional 7.44ha) on rural will not necessarily improve the agricultural sustainability or productive management of the site for agricultural purposes. The site is currently utilized for agriculture and will continue to be used for those purposes. It is considered that the application and land area in its current form is consistent with the objectives of the RU1 zone and as such the minor increase to meet the 100ha MLS will not change the satisfaction of those zone objectives.

Zone objectives are as follows:-

·    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 minimize the fragmentation and alienation of resource lands;

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

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

 

The proposal is not contrary to the zone objectives. In particular, the proposal does not increase fragmentation or isolate rural land. The subdivision as a whole would reduce fragmentation as the number of lots will be reduced from 5 lots to 3 lots. Proposed Lot 102 is not isolated as other rural properties and associated dwellings surround the site and the subject land is located approximately 6km to the east of Orange urban area. Proposed Lot 102 does not require additional servicing or upgrades. The proposed subdivision is not constrained by any topographical, physical or environmental features and allows the site to be continued to be used for agricultural production.

(b) That there are sufficient environmental planning grounds to justify contravening the development standard

The following matters indicate that the proposed development meets all other requirements for consent for the creation of a lot with an existing dwelling with the exception of the 100 hectare requirement:-

·    The existing location of the dwelling does not encroach upon the use of the land for continued agricultural use and represents only a small percentage of the total site area;

·    The creation of this lot will not change the sites current use for agriculture and an associated dwelling;

·    The approval of the subdivision does not present on-going issue of settlement patterns. The surrounding area consists of concessional lots and rural holdings of various sizes. Land use conflict in this area is considered to be minimal;

·    The site has legal and practical access;

·    The lot and existing dwelling can be adequately serviced without burden onto the community for providing those services (EG: power);

·    The proposal can provide on-site means of water and additional requirements for fire fighting purposes,  and on-site septic;

·    The proposed subdivision and existing dwelling will not have an adverse impact upon vegetation, or known watercourses;

·    On-site effluent will be provided in accordance with the Australian standard AS1547:2000 On-site Domestic Wastewater Management;

·    Natural hazards will not impact upon the site or the proposed subdivision and existing dwelling;

·    The proposed creation of this lot with an existing dwelling will not generate adverse traffic impacts.

 

4)  Development consent must not be granted for development that contravenes a development standard unless:

(a) The consent authority is satisfied that:-

(i)        The applicants written request has adequately addressed the matters required  to be demonstrated by subclause (3), and

The applicant has sought to vary the development standard in the required manner and has addressed the requirements under Clause 4.6 as required by the LEP and Director-General.

(ii)       The proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and

The proposed development is considered to be consistent with the zone objectives for RU1 Primary Production land.

(b) The concurrence of the Director-general has been obtained.

Council has been given delegation by the NSW Department of Planning Director-General to assess and determine certain applications that do not meet the prescribed development standards in the standard instrument. Council can assess and determine variations up to 10% of a development standard.

 

5)  In deciding whether to grant concurrence, the Director-General must consider:

(a) Whether contravention of the development standard raises any matter of significance for State or regional environmental planning, and

There are no matters of state or regional significance that applies to the application. The application is for a dwelling on an existing land parcel. The site area is within 7% of the 100 hectare development standard and as such, the application can be dealt with under Clause 4.6 of the LEP that enable a variation of up to 10%.

(b) The public benefit of maintaining the development standard, and

There are no matters of the proposal that would impact upon the public.

(c) Any other matters required to be taken into consideration by the Director-General before granting concurrence

Council has been granted delegation by the Director-General to determine applications based on the requirements of Clause 4.6.

 

6)  Development consent must not be granted under this clause for a subdivision of land in Zone RU1 Primary Production, RU2 Rural Landscape, RU3 Forestry, RU4 Primary Production Small Lots, Zone RU6 Transition, Zone R5 Large Lot Residential, Zone E2 Environmental Conservation, Zone E3 Environmental Management or Zone E4 Environmental Living if:

 

(a) The subdivision will result in 2 or more lots of less than the minimum area specified for such lots by a development standard, or

The subdivision would result in only one lot that is less than the 100 hectare MLS

(b) The subdivision will result in at least one lot that is less than 90% of the minimum area specified for such a lot by a development standard.

The proposed subdivision does not result in any lots less than 90% of the MLS of 100 hectares. Proposed subdivision is within the allowable 10% variance of the 100 hectare standard.

 

7)   Subclause 7 requires Council to report any variations to a development standard to the Department of Planning on a quarterly basis. Council will undertake the reporting should the application be approved.

 

8)  This clause does not allow development consent to be granted for development that would contravene any of the following:

(a) A development standard for complying development;

No

(b) A development standard that arises, under the regulations of the Act, in connection with a commitment set out in a BASIX certificate for a building to which State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies or for the land on which such a building is situated;

No

(c) Clause 5.4 of the LEP (Controls relating to miscellaneous permissible uses)

No

As such, the proposal does not contravene any matters in (a), (b) and (c).

 

Part 6 – Additional local provisions

Clause 6.3 Terrestrial biodiversity

The site is partially affected by Terrestrial Biodiversity as per the Terrestrial Biodiversity Map (Blakely's Red Gum - Yellow Box open-woodland of the tablelands, Apple Box - Yellow Box - Mountain Gum open-woodland on flats and low hills of the central tablelands). The land has been modified from its natural state and has been used for agricultural purposes for the last century. The potential impacts on biodiversity are considered to be minimal.

 

 

Clause 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 any adverse impacts on groundwater dependent ecosystems nor any cumulative effect on the groundwater system itself. The proposed development for subdivision will not result in groundwater contamination. No additional measures are required to avoid, minimise, or mitigate impacts of the proposed development.

 

Clause 6.6 Riparian land and watercourses

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

 

 

 

Clause 6.8 Essential services

Electricity and telecommunication facilities are available within the locality. Any upgrades are at the expense of the developer to meet the necessary requirements for the relevant authority.

 

The site is not connected to reticulated sewer or water and as such the provision of onsite facilities will be required at the dwelling stage should an application ever be received for the vacant agricultural land.

 

The existing dwelling on proposed Lot 102 is currently serviced by on site provisions for water and sewer, and connected to electricity and telecommunications.

 

Access is via Stagecoach Road from an existing access point. As such, the proposal meets the requirement for adequate provision of essential services.

 

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 land. Cabonne Council is identified within the SEPP 44 schedule as having koala habitat.  The natural state of the area has been highly modified for agricultural use over the last century. The proposed subdivision is unlikely to pose any adverse impact to potential koala habitat.

 

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

8 Rural Subdivision Principles

The Rural Subdivision Principles are as follows:

(a) the minimisation of rural land fragmentation,

The existing land consists of five (5) land titles and the proposal is to consolidate these tiles to form three lots with areas of approximately of 100ha each. The third land parcel will contain the existing dwelling on approximately 92.566 hectares. A Property Management Plan has been submitted seeking an exception to the development standard via Clause 4.6 of the CLEP 2012. A supporting statement has also been provided by the Applicant in addressing the matters in Clause 4.6.

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

Agricultural land surrounds the subject land with the titles being consolidated to create three (3) agricultural land parcels that will continue to be used for agricultural purposes. Conflict of land uses is considered to be minimal.

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

This application is for the consolidation of land only.

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

The land is identified as Class 3 land by the NSW Agriculture Land Classification. Class 3 land is best identified for grazing land or land well suited for pasture improvement. It may be cultivated or cropped in rotation with sown pasture. The overall production level is moderate because of edaphic or environmental constraints. This land is has a history of been used for continued agricultural production; mainly grazing

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

Noted

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

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

The subject land is zoned RU1 Primary Production.

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

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

(b) erection of a dwelling.

The application is for subdivision (consolidation) for the purposes of estate planning and continued agricultural production. An existing dwelling will be sited on proposed Lot 102 with proposed Lots 100 and 101 being  agricultural land. A further application will be required for any dwelling on the agricultural holdings and these applications would be subject to the planning provisions applicable at the time of application.

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

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

The land currently contains an existing dwelling with the remainder of the land being used for agricultural production. Surrounding land use is farms with associated dwellings.

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

Not applicable

 

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

This site is zoned RU1 Primary Production with the current use and future use of the land for continued agricultural production.

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

The land is current zoned RU1 Primary Production and all surrounding land is for agricultural production.

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

No measures have been proposed by the applicant to address any incompatibility of adjoining land uses.

The proposal is generally consistent with the provisions of the SEPP.

 

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

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

 

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

 

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

 

Lot size and shape

The proposed development is for the consolidation of five (5) lots to three (3) lots with proposed Lot 100 and 101 being agricultural land having areas of approximately 100ha each and proposed Lot 102 containing an existing dwelling and having an area of approximately 92.566ha.

 

Agricultural Impact

There is no change in the current use of the land to its further proposed use. A Property Management Plan for proposed Lot 102 has been undertaken with the report concluding “…the proposed subdivision will not reduce the potential for sustainable agricultural production. Existing water sources on the property supply sufficient good quality water which has been shown to be reliable for the cattle fattening enterprise. The property development plan indicates that the cattle grazing enterprise is biological, environmental and economically sustainable. Minor infrastructure will be required to be constructed however this is economically sustainable. The subdivision will not affect the continued use of surrounding land for agricultural activities”.

 

Visual amenity

The proposed subdivision will not involve any works or structures that would adversely affect the quality of the existing landscape.

 

Access and traffic

Access to proposed Lot 100 is via Stagecoach and an existing access point with the existing right of carriageway already in place.

 

Proposed Lot 101 would access via the existing access point off Stagecoach Road and the existing right of carriageway that is in place.

 

Proposed Lot 102 has direct frontage to Stagecoach Road via an exiting access point.

 

The existing access point for the proposed lots meets the standards for the provision of private access and as such no further upgrades to the existing access is required.

 

Increase in traffic generation is considered to be minimal with the existing road network being satisfactory for any minor increases in traffic.

 

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

 

Physical Attributes and Hazards

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

 

DEVELOPMENT CONTRIBUTIONS

 

Section 94 Road Contributions are not applicable as the Stagecoach Road is constructed above the minimum standard required in the Road Contributions Plan (Section 94) for General Rural Zones.

 

Council’s Bushfire Services Contributions Plan is applied to Proposed Lots 100 and 101. Condition applies.

 

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

 

The proposed development is not advertised development however; the proposed development was neighbor notified for a period of 14 days with no submissions being received during the exhibition phase.

 

PUBLIC INTEREST s79C(1)(e)

 

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

 

CONCLUSION

The proposed development subdivision (consolidation) for the purposes of estate planning is permissible with the consent of council. The proposal seeks to create a lot under the minimum lot size for agricultural land with an existing dwelling and in accordance with council policy, the applicant has submitted a Property Management Plan to justify that proposed Lot 102 will not reduce the potential for sustainable agricultural production. The applicant has also undertaken an assessment against Clause 4.6 exceptions to development standards in support of creating a lot with an existing dwelling under the minimum lot size. The development has justified the proposal via the provisions of the LEP. 

 

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 development and determination for approval is not contrary to the guidelines.

 

A section 79C assessment of the development indicates that the development is acceptable in this instance.  Attached is a draft Notice of Approval outlining a range of conditions considered appropriate to ensure that the development proceeds in an acceptable manner.

 

ITEM 17 - DA 2016/0024 ANIMAL BOARDING & TRAINING ESTABLISHMENT (GREYHOUNDS) ON LOT 2 DP 773981, 1321 PEABODY ROAD, MOLONG

REPORT IN BRIEF

 

Reason For Report

The report has been included as an item for determination as the matter was held over from the March Ordinary Council Meeting. The matter was originally included as an item due to the number of submissions (6) being received raising concerns about the proposed operation and due to local public interest.

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.  Draft Conditions    

File Number

\Development Applications\DEVELOPMENT APPLICATION\2016\03-2016-0024 - 746004

 

 

Recommendation

 

THAT Development Application 2016/0024 for an Animal Boarding & Training establishment (Greyhounds) on land described as Lot 2 DP 773981, 1321 Peabody Road, Molong, be granted consent subject to the conditions attached.

 

Senior Town Planner's REPORT

 

ADVISORY NOTES

Record of voting

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

 

Political Disclosures

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

 

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

 

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

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

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

 

Nil planning application disclosures have been received. 

 

Nil public submission disclosures have been received. 

 

 

SUMMARY

 

The following report provides an assessment of the development application submitted for an Animal Boarding and Training Establishment (Greyhounds) on Lot 2 DP 773981, 1321 Peabody Road, Molong. The application was originally submitted to Council for determination at its March Ordinary Council Meeting 2016. The resolution was that Council undertake a site inspection on 12 April 2016 and the item be referred to the April Ordinary Council Meeting.

 

The application is not advertised development however due to the nature of the proposal, the application was neighbour notified for a period of 14 days with six (6) submissions being received during the exhibition phase. The main issues raised in the submissions include illegal building work, no approval for the use, noise from barking dogs, decrease in property values, environmental and operational concerns.

 

The application has been referred to the Council for determination as six (6) submissions have been received raising concerns about the proposal and its operation during the exhibition phase.

 

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

 

Applicant: Toby Weekes & Jessica Windiate

Owner:      Toby Weekes & Jessica Windiate

Proposal:  Animal Boarding & Training Establishment (Greyhounds)

Location:   Lot 2 DP 773981, 1321 Peabody Road, Molong

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 development and recommendation for approval is not contrary to the guidelines.

 

BACKGROUND

The application was originally submitted to council for determination at its March Ordinary Council Meeting 2016. The resolution of that meeting was that council undertake a site inspection on 12 April 2016 and the item be referred to the April Ordinary Council Meeting.

 

The subject land was created via subdivision 87/12 and subsequently registered 19 July 1987.

 

A dwelling and septic was approved via DA 2003/135 on 8 January 2003.

 

 

Site Map

 

 

4675879

 

The subject site is fairly regular is shape; has an area of 40.64 hectares and is zoned RU1 Primary Production. The site fronts Peabody Road and Boree Hollow Creek and is situated approximately 1.8km south, along Peabody Road, from the Molong town limits. The locality consists of small rural holdings and associated dwellings. The nearest residential receptor is estimated at approximately 650m (from the animal runs at the front of the property) and approximately 500m from the animal runs to the rear of the site. It should also be noted that the land parcel directly to the north of the subject site has the permissibility of a dwelling despite currently being vacant rural land.

 

THE PROPOSAL

The proposal seeks consent for the establishment of a greyhound breeding, rearing and training complex to accommodate up to 200 dogs upon a 40 hectare rural holding on the outskirts of Molong.

 

The proposed activities for the site include the following:-

·    Rearing of greyhound – from birth to any age (caring, feeding, maintaining health, free galloping, interacting and lead training)

·    Pre-training – this involves teaching the dogs to be kenneled, muzzled when needed, lead (walked), exercised in sand runs or on a slipping track as well as free galloping and lure training

·    Breeding – whelping

·    General maintenance of property

·    Feeding – food preparation and feeding of the dogs

·    Cleaning – all food preparation areas and storage, in addition to daily cleaning of all kennels and whelping areas

 

Site Layout

Scale of activity

·    A maximum number of greyhounds on site at any one time would be 200 (including pups)

·    Length of stay for rearing can be from birth to 14-16 months where they then go to a break-in facility, the option to then return for pre-training for a period of 2 months, race (where they stay until retirement), kept as pets or re-homed elsewhere as pets

·    Cycles of breeding – Greyhound Racing NSW have new laws in place that only allow breeders to breed from a bitch twice (2 times) in 18 months

·    Greyhounds owned by the Applicant will remain on site for all parts of the cycle including whelping, rearing, pre training, pre racing, and racing (unless sold).

·    External clients’ dogs will remain at the facility for rearing and pre-training. The proposal does not indicate how many dogs are external clients.

 

Structures & purpose

·    Animal shelters and runs

The animal shelters are 3200mm x3200mm; have a cement slab and clad in colorbond. There are nine runs located in the north eastern portion of the site (towards the front of the site) that include animal shelters. Dogs up to 7 months of age are housed in this section of the facility with a maximum of eight (8) dogs per animal shelter/kennel. The runs are approximately 90-100m in length and 20-30m wide. All fencing is at 1.8m in height.

There are another nine runs and animal shelters towards the rear of the site. The animal shelters are similar in size and construction materials however the runs area slightly smaller. Older dogs are housed at the rear of the site with a maximum of six (6) dogs per animal shelter/kennel. Fencing is all at 1.8m.

·    Shed (via DA 2016/0028)

The shed has a defined food preparation area, an area for whelping containing four (4) pens and another six (6) pens housing brood bitches.

·    Fencing

All on site fencing is at 1.8m in height as this keeps the greyhounds contained and also assists in keeping other animals away from the facility that may upset or disturb the dogs. There are several other yards that do not permanently hold or kennel the dogs. These yards are used for exercising, training and/or cleaning of the animal shelters and runs; the dogs are only in these areas for short periods of time (up to an hour) and are accompanied by trainer/staff. The dogs are then returned to their yards or kennels.

·    Signage – business identification signage having dimensions of 1500mm x 1000mm x 3000mm located at either side of the access point

 

All structures associated with the proposal have been constructed.

 

Hours of operation for servicing of the facility are stated as 8:00am to 4:00pm Monday to Sunday.

 

Three (3) employees are associated with the operation; two employees are the owners of the land and the operation; the other an external employee. The owners reside on site in an existing dwelling.

 

A designated parking and maneuvering area is sited adjacent to the shed.

 

Access is via an external access point off Peabody Road.

 

The site is not connected to either reticulated water or sewer; however on site electricity is available. Water is available through the provision of on site water tanks equating to 50 000litres. Additional water supply is available through a licensed bore.

 

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 NA

Heritage map

Not a heritage item or conservation area

Terrestrial Biodiversity Map

Has biodiversity sensitivity on the subject land (Dry open-forest on ranges of the lower slopes (Hervey Ranges)

Flood planning map

Not within a flood zone

Natural resource – karst map

Is within a karst area

Drinking water catchment map

Not within a drinking water catchment area

Riparian land and watercourse map, groundwater vulnerability map

Groundwater vulnerable (Moderately High – High)

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.  Animal boarding or training establishment is permissible within this zone, subject to council’s development consent.

 

The standard instrument definition states that an “animal boarding or training establishment means a building or place used for the breeding, boarding, training, keeping or caring of animals for commercial purposes (other than for the agistment of horses), and includes any associated riding school or ancillary veterinary hospital”.

 

The proposal is consistent with the standard instrument definition.

 

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

The proposed development for an Animal Boarding and Training Establishment (Greyhounds) is a permissible land use in the RU1 zone under the provisions of the LEP.

 

Part 6 – Additional local provisions

Clause 6.3 Terrestrial biodiversity

Whilst the subject land is identified as “Biodiversity” on the Terrestrial Biodiversity Map (Dry open-forest on ranges of the lower slopes (Hervey Ranges), the proposed development is not likely to have any adverse impact on the flora and fauna of the land. No additional measures are required to minimize or mitigate the impacts of the proposed development.

 

 

Clause 6.4 Groundwater vulnerability

The subject land has been identified as “Groundwater Vulnerable” on the Groundwater Vulnerability Map (Moderately High – High). The proposed development for an Animal Boarding and Training Establishment will not have any adverse impacts on the groundwater dependent ecosystems nor any cumulative effect on the groundwater system itself. The disposal of any liquid waste from the dogs will be via the on site effluent management system that will be required to be connected to the shed. Solid waste from the greyhounds will be collected daily and disposed into ‘Cleanway’ skip bins that will be cleared fortnightly. Based on the proposed use of the land, the development will not result in groundwater contamination. No additional measures are required to avoid, minimise, or mitigate impacts of the animal boarding and training establishment.

 

Clause 6.6 Riparian land and watercourses

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

 

 

Clause 6.7 Land affected by karst

The site is identified as land affected by “Karst” on the Natural Resources – Karst Map. See below map for the extent the land is affected. The objective of this clause is to ensure that development, in areas of subsidence risk from karst, matches the underlying geotechnical conditions of the land, is restricted on unsuitable land and does not endanger life or property.  It is considered that the proposed development will not have adverse impact upon the land. An on site effluent management study and installation will be required for the disposal of waste associated with the shed that houses whelping and brood bitches. A system will be required to be designed for the proposed use that is deemed appropriate.

 

 

 

Clause 6.8 Essential services

The site is not connected to reticulated sewer or water. There is a dwelling already existing on site and as such the provision of electricity, telecommunications, on site provision of water, septic and access are all existing or are available within the locality.

 

There is an electricity easement registered on the title which affects the northern boundary of the site. The easement for the purpose of transmission line is noted as 45m wide and viable width. The authority responsible for the easement is noted as Transgrid. Council has notified this authority of the development and advised that the works are already constructed.

 

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 is applicable 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 (Exempt and Complying Development Codes) 2008 is applicable in the assessment of the application.

The exempt and complying development code is a state planning instrument that can be used for minor development if the proposed development meets the pre-determined standards under the code.

 

Whilst individually some aspects of the construction works undertaken on site  may have been considered as exempt development, the scale and commercial nature of their use requires development consent.

 

State Environmental Planning Policy No.55 – Remediation of Land applies to the site. The proposal is not contrary to the provisions of the SEPP.

 

State Environmental Planning Policy No.64 - Advertising and Signage

The application also seeks consent for business identification signage for the site. The definition of building identification sign means a sign that identifies or names a building, and that may include the name of a business or building, the street number of a building, the nature of the business and a logo or other symbol that identifies the business, but that does not include general advertising of products, goods or services. Consent is sought for signage of approximately 1500mm x 1000mm at 3m off the ground displaying the business name only. Signage is to be at either side of the access point to the site off Peabody Road. As such, SEPP 64 applies to the development and is not contrary to the provisions of the SEPP.

 

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

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

 

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

 

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

 

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

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

 

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

 

Siting /location

There are nine runs located in the north eastern portion of the site (towards the front of the site) that include animal shelters. The animal shelters are 3200mm x 3200mm; have a cement slab and clad in colorbond. The runs are approximately 90-100m in length and 20-30m wide. All fencing is at 1.8m in height.

 

There are another nine runs and animal shelters towards the rear of the site. The animal shelters are similar in size and construction materials however the runs are slightly smaller.  Again fencing is all at 1.8m.

 

There is a shed located to the south west of the existing dwelling that is used to house whelping and brood bitches. The shed is has dimensions of 20m x 10m with a height of 4.06. There are two side awnings having a width of 4.2m and 4.06m respectively.

 

Visual amenity

Many of the aspects of the development are rural in nature; metal fencing and colorbond shed. The animal shelters are small in size and whilst visual; landscaping across the site will assist in screening. The nearest residential receptor is estimated at approximately 650m (from the animal runs at the front of the property) and approximately 500m from the animal runs to the rear of the site. The nearest residential receptor is to the south of the subject land..

 

Noise

The issue of noise; mainly barking dogs have been identified as a potential source of noise from the development. No noise assessment was provided as a part of the application. A Noise Assessment undertaken and prepared by a suitably qualified person will be required to be submitted to council to address background noise, noise from barking and any mitigation measures addressed by such a report. In addition to the Noise Assessment, there will be a requirement for ongoing compliance with the provisions of the Industrial Noise Policy of the NSW Office of Environment & Heritage and the Protection of the Environment Operations Act 1997.

 

Waste and Hygiene

Yards, kennels, shed and food preparation areas are cleaned daily. Waste from the animals is collected and disposed into ‘Cleanway’ skip bins that are collected fortnightly.

 

Whilst the shed has an internal drain, it is not currently connected to any type of on site effluent management system. There will be a requirement to install a septic system. The size and type of system to be installed will be recommended by an independent geotechnical report.

 

Water

The site is not connected to reticulated water supply. The supply of water for the greyhounds is via the provision of 2 x 25 000 litre water tanks. There is also a licensed bore. The animal shelters and runs that house the greyhounds have water troughs that will be gravity fed from the bore and tanks.

 

Landscaping

The applicant has undertaken some landscaping for the development. Continued landscaping will be undertaken along the front boundary (Peabody Road boundary), in the exercise yards and along the boundary of the front nine animal runs. Additional landscaping is also proposed for the runs to the rear of the site. An appropriate landscape plan should be designed, approved and implemented using appropriate species for the area that are quick growing, suitable to the area and provide amenity, screening and shade. Landscaping will be required to be maintained at all times and in perpetuity

 

Access and traffic

Access to the site is via an existing access point off Peabody Road. The application has been referred to Roads and Maritime Services (RMS) for comment. Peabody Road is a State classified road under the care and control of Roads and Maritime Services. Any development requires their concurrence.

RMS requirements are provided in the report under Public Consultation.

 

The applicant has indicated that approximately 85% of the greyhounds are owned by the Applicant and owners of the land, which reduces the number of traffic movements associated with the development. Additional movements are considered low due to the long term boarding and training of greyhounds that generates very low volumes of traffic when compared to commercial boarding kennels for animal pets.

 

The existing access point will require some upgrade to meet compliance with RMS and Council.

 

Three (3) staff employees are associated with the operation, with two staff living on site. A designated parking and turning area will be provided adjacent to the shed.

 

An internal access road exists on site and has been constructed to a standard that allows all weather two-wheel drive access within the site. There will however be a requirement that the internal access be maintained at all times to this minimum standard.

 

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

 

Physical Attributes and Hazards

The subject land is affected by bushfire hazards. The below map indicates the extent of the site affected by bushfire. This area is located along the western boundary of the site and is consistent with the Terrestrial Bioidversity Mapping identifying dry open-forest on ranges of the lower slopes by LEP mapping.

 

Whilst the impact of bushfire and related legislation is usually related to the construction of dwellings, the proposed use for an Animal Boarding and Training Establishment (Greyhounds) hold a responsibility for the number of animals that are kept on site. NSW Department of Primary Industries recommends a Management Guide: Planning for Emergencies to assist operators of businesses/properties where significant numbers of animals are kept to develop an emergency response plan.

 

 

DEVELOPMENT CONTRIBUTIONS

 

No contributions apply to the development.

 

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

 

The proposed development is not advertised development; however the proposal was extensively neighbor notified for a period of 14 days with six (6) submissions being received during the exhibition phase.

 

Issues raised in the submission(s) are addressed as follows:

 

Submission

Concerns

Response

1.

The facility is already constructed and operating with no approval by council

 

 

 

 

 

Decrease in property values

 

 

 

 

Kennels have been constructed under an easement for power

 

 

 

 

 

 

 

 

 

Dangerous access point

 

 

 

 

 

Noise control

 

 

 

 

 

 

 

Possible contamination of Boree Hollow Creek and Molong Creek from waste and impact on water supply

 

What will council do if the greyhound industry is shut down

Buildings constructed can be dealt with by Building Certificates. The use of the structures is dealt with by land use application via the DA process. This is the purpose of this assessment.

 

Not a matter for consideration under Section 79(C) of the Environmental Planning & Assessment Act

 

There is a power easement registered on the land title; however the authority responsible for that easement is Transgrid and not council. Transgrid have been advised of the development in the area of the easement and any further action would be undertaken by Transgrid

 

Access is via an existing access point off Peabody Rd and meets the engineering specifications for the provision of private access

 

Noise is regulated under the provisions of the Protection of the Environment Operations (POEO) Act 1997. Noise control is under the governance of Local Government.

 

Adequate site management measures to minimize potential risks

 

 

The outcomes of the inquiry have not been released

2.

Inadequate fencing that separates dogs from neighbouring stock

 

Code of Practise (Greyhounds) states fencing is to be a minimum of 1.8m high- this is not the case

 

Noted

 

 

 

Noted

3.

Barking dogs at all hours of the day although mainly in the morning

 

Complex has been partly constructed with no council approval

 

Contamination of Boree Hollow Creek from dog faeces

POEO controls noise and how it is defined

 

 

As per submission 1

 

 

 

Adequate controls proposed

4.

Commercial development should be in commercially zoned areas or on larger rural holdings

 

 

 

 

Large scale commercial activities on this site would contravene planning legislation

 

Development dominates the landscape

 

Metal construction destroys rural landscape and replaces it with a commercial outlook

 

Sheds and yards should use natural construction materials such as wood

 

 

Noise of 200 dogs

 

 

Disturbances already occur based on how many dogs reside at the kennels now

 

Noise is occurring at all times of the day

 

Traffic movements are understated – how will council monitor this

 

 

 

 

Signage also has been erected – is it RMS approved

Noted. Land use is defined by the Cabonne Local Environmental Plan (CLEP) 2012. Animal boarding and training establishments are a permitted use in the RU1 land zone

 

The proposed land use is not contrary to the provisions of CLEP 2012

 

 

Noted

 

 

Noted. Many rural holdings have metal fences

 

 

No statutory requirements for construction materials for sheds and yards on rural land

 

Addressed in previous submission

 

Noted

 

 

 

Noted

 

 

Additional information was sought and assessed by council’s Development Engineer and Roads and Maritime Services (RMS) to clarify vehicle movements

 

Signage forms part of the application and is assessed under the provisions of that State Environmental Planning Policy No.64 – Advertising and Signage.

 

5

No plans to scale has been provided for the DA

 

SoEE fails to provide a detailed description of the proposal

 

 

 

 

 

Offensive nature of the barking dogs

 

 

Constant disturbance by barking dogs in particular late at night and early in the morning

 

Noise complaints have been reported to Council via service requests

 

A Noise Assessment by an Acoustic Engineer should be undertaken

 

The application doesn’t clearly indicate the number of breeding dogs, they only indicate a maximum number of greyhounds including pups

 

The application doesn’t identify how many dogs are the owners and how many are external clients

 

 

 

 

 

 

How will Council ensure compliance of dog numbers

 

 

 

 

Proposal will have an adverse impact on the amenity of those properties closest to the development

 

 

Traffic movements appear understated

 

Hours of operation are questioned as dog transport vehicles are arriving as late as 10pm

 

Traffic flows need to be determined as school bus pick ups and drop off occur in this location

 

Liquid waste management and impact on the creek system

 

 

 

 

Impact of the development on the groundwater system

Noted

 

 

Noted. Council has sought additional information on several occasions in an attempt to seek the information required to assess the development application

 

Noted

 

 

 

Addressed through previous submission

 

 

 

Noted.

 

 

 

Noted

 

 

 

Noted.

 

 

 

 

 

The applicant has indicated that approximately 85% of the on site greyhounds are their own. A small percentage only will come from external clients. Greyhound Racing NSW have licensed this facility to a maximum number being 120.

 

Any development consent will scale the activity and under separate licensing, the facility is regulated by Greyhound Racing NSW

 

The purpose of the assessment is to determine impact of the development on surrounding land and how this can be managed

 

Noted

 

 

Proposed hours of operation are stated as Monday to Sunday 8:00am to 4:00pm.

 

 

Noted

 

 

 

 

There will be liquid waste from the internal drainage within the shed. This will be collected and disposed of by an on site effluent management system

 

 

 

 

 

 

 

 

6.

Noise pollution – the dogs barking sets off a chain reaction with dogs from surrounding properties

 

Effect on topsoil of the 200 dogs will lead to continued degradation of the area/land/site

 

Loss of vegetation and bare runs will (after heavy rain) will lead to waste and soil contaminating the creek system and further impacts downstream

 

 

 

 

 

 

 

 

 

Odour

 

 

 

 

Waste disposal

 

 

 

 

 

 

 

 

 

 

 

How are the dogs fed – are beasts to be killed on site

 

 

 

 

 

 

 

Is live baiting to be used in lure training

 

Decrease in property values

 

Operation was up and running with no approval before the DA was submitted to Council

 

Surrounding owners were coerced to sign letters saying they had no objection to the development

 

Concern that there will be considerable culling of dogs that don’t make the grade for breeding, racing, and training

 

Concern for the animal welfare of the 200 dogs on site

 

Noted. Addressed through previous submissions

 

 

 

Noted

 

 

 

 

The applicant proposes to continue to increase landscaping on site to improve amenity, provide shelter for the greyhounds and assist in improving groundcover. Kennels and runs are cleaned daily with solid waste collected and disposed into Cleanway skip bins. Any liquid waste from the shed will be connected to an on site effluent management system

 

Odour can be managed through daily cleaning of food preparation areas, kennels, runs and dog hygiene

 

Waste from the animals is collected and disposed into Cleanway skip bins that are collected fortnightly. The shed houses whelping and brood bitches. The shed contains internal drainage and will be connected to an on site effluent management system

 

 

There is a food preparation area within a shed associated with the facility; and there is an external cool room located outside the shed that stores meat for the animals

 

 

Live baiting is illegal

 

 

Not a planning matter

 

Noted. Previously addressed in Submission 1

 

 

 

Noted.

 

 

 

 

Noted

 

 

 

 

 Under their licencing with Greyhound Racing NSW there is a requirement for compliance with the Code of Practise for the Keeping of Greyhounds in Training, in addition to abiding by the requirements of the Prevention of Cruelty to Animals Act 1979 (NSW), the Prevention of Cruelty to Animals Regulation 2012 (NSW), the Local Government Act 1993 (NSW), the Companion Animals Act 1998 (NSW), and the Companion Animals Regulation 2008 (NSW)

 

PUBLIC AUTHORITY CONSULTATION

Roads and Maritime Services (RMS)

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

 

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

 

•      Activities undertaken at the site under this development proposal are to be consistent with the submitted supporting documentation. For example, should the owner of the land propose to operate a commercial boarding kennel facility that involves the receiving and short term minding of animals for different animal owners, separate development consent will need to be obtained. 

•      Safe Intersection Sight Distance (SISD) requirements outlined in Part 4A Austroads Guide to Road Design and relevant Roads and Maritime Supplements is to be provided and maintained in both directions at the vehicular access to the subject land from Peabody Road. For a 100 km/h speed zone the minimum SISD is 250 metres.

•      The existing vehicular access from Peabody Road is to be upgraded in accordance with Austroads Guide to Road Design: Part 4 Figure 7.4 ‘standard rural property access’ (copy enclosed) and any relevant Roads and Maritime Supplements. The vehicular access is to be sealed a minimum of 10 metres from the edge of the travel lane in Peabody Road, match existing road levels and not interfere with existing road drainage.

 

•      To provide suitable storage capacity for the largest class of vehicle accessing the proposed lots, any gate, grid or similar structure installed in the access is to be setback appropriately (20m for single articulated and 30m for B Double) from the edge of the pavement in Peabody Road. Any gate in the access is not to swing towards Peabody Road.

•     Prior to commencement of construction works, the proponent is to contact Roads and Maritime’s Traffic Operations Coordinator to determine if a Road Occupancy Licence (ROL) is required. In the event that an ROL is required, the proponent will obtain the ROL prior to works commencing within three metres of the travel lanes in Peabody Road.

•     Prior to issuing an occupation certificate for the proposed development, all required road works are to have been completed.

 

SECTION 149A – BUILDING CERTIFICATES

Whilst Council acknowledges building works have been undertaken without development consent, the provisions of Building Certificates provide Council with a means for regularising illegal building works after the event.

 

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.  The proposal is not inconsistent with any relevant published Commonwealth, state or local government policy, plan, guideline, study or strategy.

 

CONCLUSION

The proposed development for an Animal Boarding and Training Establishment (Greyhounds) is permissible with the consent of Council. The development complies with the relevant aims, objectives and provisions of the LEP.  The application was neighbor notified for a period of 14 days with six (6) submissions being received. The submissions raised a variety of matters including illegal building work, no approval for the use, noise from barking, decrease in property values, environmental and operational concerns. A section 79C assessment of the development indicates that the development is acceptable in this instance with conditions requiring the environmental management of the proposed use.

 

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 development and recommendation for approval is not contrary to the guidelines. 

 

Attached is a draft Notice of Approval outlining a range of conditions considered appropriate to ensure that the development proceeds in an acceptable manner.

 

 

ITEM 18 - REQUEST FOR REIMBURSEMENT OF DEVELOPMENT APPLICATION FEES - 2012/0160/4 - MURALS UPON LAND KNOWN AS LOTS 7 & 8 DP10272 BROAD STREET, EUGOWRA

REPORT IN BRIEF

 

Reason For Report

To obtain Council approval for the donation of $71.00 as reimbursement of development application fees paid in association with DA 2012/0160/4 for mural upon land know as Lots 7 & 8 DP 10272 Broad Street, Eugowra and $74.25 reimbursement of construction certificate fees paid in association with DA 2012/0160/4 for murals upon land know as Lots 7 & 8 DP 10272 Broad Street, Eugowra.

Policy Implications

Nil

Budget Implications

s356 Budget

IPR Linkage

4.5.3.a. Provide efficient and effective development assessment

Annexures

Nil   

File Number

\Development Applications\DEVELOPMENT APPLICATION\2012\03-2012-0160 - 747426

 

 

Recommendation

 

THAT Council donate $71.00 from its s356 budget to Max Swift on behalf of the Eugowra Promotion & Progress Association Inc. , being the amount equivalent to DA application fees paid in association with Development Application 2012/0160/4 for a mural on Lots 7 & 8 DP 10272 Broad Street, Eugowra and $74.25 to the Eugowra Promotion & Progress Association Inc. as reimbursement of Construction Certificate fees paid in association with DA 2012/0160/4 for a mural upon land know as Lots 7 & 8 DP 10272 Broad Street, Eugowra.

 

Senior Town Planner's REPORT

 

Council has received a request from the Eugowra Promotion & Progress Association Inc. seeking reimbursement of fees paid in association with DA 2012/0162/4 for a mural on Lots 7 & 8 DP 10272 Broad Street, Eugowra.

 

The fees paid totalled $285.25 and consisted of the following:-

 

Modification Application                                 $71.00

Construction Certificate                                 $74.25

Inspections                                                       $140.00

 

The DA for this application has been approved and consent granted on 10 February 2016.

 

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

 

1.      Development Application (DA) fees

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

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

 

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

 

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

 

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

 

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

 

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 19 - WITHDRAWAL OF CAVEAT ON LAND DESCRIBED AS LOT 4 DP 703326, 326 SCENIC DRIVE, CUDAL

REPORT IN BRIEF

 

Reason For Report

Due to the sale of the land a request from the owners seeks the withdrawal of the caveat as it no longer is applicable to the land. A resolution of council is needed to release the caveat as it is registered to council. Council seal is required to be applied to the submitted documents.

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\1979-1989\03-1983-0077 - 746253

 

 

Recommendation

 

THAT Council execute the withdrawal of caveat registered on Lot 4 DP 703326, 326 Scenic Drive, Cudal and apply the Council seal to the required documents.

 

 

Senior Town Planner's REPORT

 

Correspondence has been received from solicitors Baldock Stacy and Niven, acting on behalf of Richard and Leonie Mitchell being the owners of the subject land (Lot 4 DP 703326 known as 326 Scenic Drive, Cudal) requesting that council authorise a Withdrawal of Caveat which was previously applied to the land in relation to a subdivision in 1983.

 

The caveat related to a Deed of Covenant which bound Lots 1, 2 and 3 in DP 703326 into a single holding of 2.4 hectares and was required to be held in single ownership. Further investigation of the lodgement of the caveat reveals that the caveat refers to Lots 1-4 of DP 703326. A request was previously made to council in 1993 to release the caveat for Lots 1, 2 and 3. Records indicate the required documentation to release the caveat for Lots 1, 2 and 3 was undertaken and further registered in 1993.

 

The caveat remains on Lot 4 DP 703326 however it appears that the registered caveat is no longer applicable to the land. It is suggested that council support the request to withdraw the caveat registered upon the land title applying to Lot 4 DP 703326, and accordingly apply the Seal of Council to the release documents.

 

 

6109019

 

Site map

 

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 - WITHDRAWAL OF CAVEAT ON LAND DESCRIBED AS LOT 5 DP 623569 BEING LAND KNOWN AS 4205 THE ESCORT WAY, CUDAL

REPORT IN BRIEF

 

Reason For Report

To seek Council resolution to withdraw the caveat that applies to Lot 5 DP 623569 and apply the Council seal to the associated documents.

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\1979-1989\03-1981-0091 - 746832

 

 

Recommendation

 

THAT Council resolve to withdraw the caveat registered upon Lot 5 DP 623569 being land known as 4205 The Escort Way, Cudal and apply the Council seal to the associated documents.

 

Senior Town Planner's REPORT

 

Correspondence has been received from solicitors Whiteley Ironside & Shillington, acting on behalf of Kurt Raymond Adams and Erin Louise Adams, being the owners of the subject land (Lot 5 DP 623569) requesting that Council authorise a Withdrawal of Caveat which applies to the subject land in relation to subdivision DA 81/91, dated 23 February 1982.

 

The Deed of Covenant refers to the subdivision of “Fairview” of Cudal. In the Development Application (DA 81/91) Council agreed to the subdivision of the subject land providing an access is constructed to the newly created lots to the specified minimum standard. The covenant only applies if the lots are sold separately.

 

The lots have since been sold separately however the caveat still applies to the land. Further investigation of the existing access arrangements indicates Council has constructed an access that services Lot 5 and the former owners have paid all costs associated with the access to be constructed. It is therefore recommended that council uphold the request to withdraw the caveat registered upon the land and apply the Council Seal to the release documents.

 

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 21 - 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 - 744322

 

 

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 22 - 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 - 744323

 

 

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 23 - 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 - 744324

 

 

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 24 - 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 - 744325

 

 

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 26 April 2016

Item 7 - Annexure 1

 

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Item 7 Ordinary Meeting 26 April 2016

Item 7 - Annexure 2

 

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Item 8 Ordinary Meeting 26 April 2016

Item 8 - Annexure 1

 

ITEM 26 - HANOVER BRIDGE - LAND ACQUISITION

REPORT IN BRIEF

 

Reason For Report

To acquire land in order to realign the road and Hanover Bridge on Banjo Paterson Way between Cumnock and Yeoval

Policy Implications

Nil

Budget Implications

$10,000 sourced from project allocation

IPR Linkage

1.1.4.d. Regional bridge construction undertaken

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\ROADS and BRIDGES\ACQUISITION\HANOVER CREEK BRIDGE - LOT 7300 DP 1144896 - CROWN - 653033

 


 

Recommendation

 

THAT Council:

1.  Authorise the purchase of 4,330 sq m of land from Lot 1 DP 928296 and Lot 1 DP1098953 for a purchase price of $2,000;

2.  Authorise the purchase of 5,500 sq m of land from Lot 7300 DP1144896 for a purchase price to be determined by the Valuer General;

3.  Agree to pay all fencing costs associated to the road realignment;

4.  Agree to pay reasonable legal fees, survey fees and plan lodgment fees associated to the purchase;

5.  Authorise the affixation of the Common Seal to the Crown licence documents; and

6.  Authorise the affixation of the Common Seal and appropriate signatures on any associated land transfer documents.

 


Manager Technical Services' REPORT

Council is wishing to commence construction of a new bridge to replace Hanover Bridge on Banjo Paterson Way (shown on the map below).  As part of the construction Council intends to complete a realignment of the road in order to straighten up this section of road and as such is required to acquire land.

Council has been in negotiations with the affected landowners and has successfully reached agreements with the property owners regarding the purchase of 4,330 sq m of land from part of Lot 1 DP 928296 and Lot 1 DP 1098953 for $2,000.  Council has agreed to pay all associated legal costs, lodgement fees and fencing costs.

Council has also been in negotiations with Crown and has obtained a Licence agreement offer to allow Council to commence construction on the land whilst a land acquisition is being completed for the purchase of 5,500 sq m of land.  Council will be required to pay a Licence Fee in order to commence construction as well as fencing, legal and lodgement fees associated with the acquisition.

 

 

 


Item 9 Ordinary Meeting 26 April 2016

Item 9 - Annexure 1

 

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Item 11 Ordinary Meeting 26 April 2016

Item 11 - Annexure 1

 

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Item 11 Ordinary Meeting 26 April 2016

Item 11 - Annexure 2

 

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Item 12 Ordinary Meeting 26 April 2016

Item 12 - Annexure 1

 

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Item 15 Ordinary Meeting 26 April 2016

Item 15 - Annexure 1

 

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Item 15 Ordinary Meeting 26 April 2016

Item 15 - Annexure 2

 

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Item 15 Ordinary Meeting 26 April 2016

Item 15 - Annexure 3

 

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Item 16 Ordinary Meeting 26 April 2016

Item 16 - Annexure 1

 

DRAFT CONDITIONS OF CONSENT 2016/0079

 

1.      DEVELOPMENT IN ACCORDANCE WITH PLANS

 

Objective

 

To ensure the development proceeds in the manner assessed by Council.

 

Performance

 

Development is to take place in accordance with the attached stamped plans (Ref No DA 2016/0079 Peter Basha Planning & Development Reference 15050DA Sheets 1-4 and dated 18.11.2015) and documentation submitted with the application and subject to the conditions below, to ensure the development is consistent with Council’s consent.  NOTE:  Any alterations to the approved development application plans must be clearly identified WITH THE APPLICATION FOR A CONSTRUCTION CERTIFICATE. 

 

The Principal Certifying Authority for the project may request an application for modification of this consent or a new application in the event that changes to the approved plans are subsequently made.  An application to modify the development consent under s96 of the Environmental Planning and Assessment Act, 1979, as amended and will be subject to a separate fee.

2.      LOT DESIGN AND PURPOSE

 

Objective

To ensure the subdivision proceeds in accordance with Council’s consent and that the purpose of the newly created Lot(s) is/are clarified in the context of Cabonne Local Environmental Plan, 1991.

Performance

(a)       Surveying of the subject land will be generally in accordance with the attached draft plan of survey.

(b)       Lot 100 has been approved under Clause 4.1 of the Cabonne Local Environmental Plan 2012.

(c)       Lot 101 has been approved under Clause 4.1 of the Cabonne Local Environmental Plan 2012.

(d)       Lot 102 has been approved under Clause 4.6 and contains an existing dwelling.

 

 

 

 

 

3.      CONCEALED ENTRANCE SIGN

 

Objective

 

To alert motorists of a concealed access.

 

Performance

The applicant is required to erect one “Concealed Access” sign (W2-204) 200 meters north from the approved access point on Stagecoach Road, at their own cost, prior to any Subdivision Certificate being issued for the development.

 

4.      APPLICATION FOR CERTIFICATION

 

Objective

 

To satisfy the post-consent requirements of this Development Consent, and to comply with S.109 of the Environmental Planning and Assessment Act 1979, as amended.

 

Performance

 

The person having the benefit of this consent is required to apply for a:

 

SUBDIVISION CERTIFICATE

 

5.      BUSH FIRE CONTRIBUTIONS

 

Objective

 

To make an equitable contribution towards improvement of Bush Fire Services and Amenities for the specified Brigade.  The contribution has been levied in accordance with Council’s Bushfire Services Contributions Plan, February, 1993.

 

A copy of the Plan is available for inspection at Council’s Department of Environmental Services, Bank Street, Molong during business hours.

 

Performance

 

Prior to release of the Linen Plan the applicant is required to make a contribution of $765.40 towards the improvement of bushfire services and amenities for the Byng Emu Swamp Bushfire Brigade (Income No: 1027).

 

6.      REGISTRATION OF PLAN OF SUBDIVISION

 

Objective

 

To ensure compliance with Section 109C(1)(d) of the Environmental Planning and Assessment Act 1979, as amended.

 

Performance

An application for a Subdivision Certificate is to include three (3) copies of an original Plan of Subdivision prepared by a Registered Surveyor to be lodged at Land and Property Information.

 

7.      PROVISION OF RURAL ADDRESS NUMBER

 

Objective

 

To provide each eligible rural property with a rural address number in accordance with Standard AS/NZS 4819:2011:Geographic Information – Rural and Urban addressing.

 

Performance

 

The location of each eligible access will be established and a number allocated based upon measurements taken by the Principal Certifying Authority which will be in accordance with Standard AS/NZS 4819:2011.

 

The applicant is to contact Council’s Environmental Services Department on 63923247 to obtain an application form and instructions.

 

8.      ERECTION OF RURAL ADDRESS NUMBER

 

Objective

 

To ensure each eligible rural property has a suitably erected and clearly visible rural address number in accordance with Standard AS/NZS 4819:2011: Geographic Information – Rural and Urban Addressing.

 

Performance

 

The designated number plate shall be obtained and erected in accordance with the Specifications for Erection of Rural Address Numbers as supplied by Council.  (Note: These plates are available from Council at the fee specified in Council’s Fees and Charges)

 

Written notification is to be provided to Council indicating rural addressing number has been erected.  This letter is to be supplied to Council or Principal Certifying Authority PRIOR to the issue of a Subdivision Certificate.

 

 

 

 

 

 

 

 

 

 

 

9.      PROVISION OF POWER FOR SUBDIVISION

 

Objective

 

To ensure financial equity in providing adequate power supply for newly created Lot 1.

 

Performance

 

Prior to the issuing of a Subdivision Certificate, the applicant will submit a Compliance Certificate from the Electricity Authority indicating that arrangements have been made for the supply of mains power to proposed Lots 100 and 101.

 


Item 17 Ordinary Meeting 26 April 2016

Item 17 - Annexure 1

 

APRIL 2016/0024 DRAFT CONDITIONS OF CONSENT

1.      DEVELOPMENT IN ACCORDANCE WITH PLANS

 

Objective

 

To ensure the development proceeds in the manner assessed by Council.

 

Performance

 

Development for an Animal Boarding and Training Establishment (Greyhounds) is to take place in accordance with the attached stamped plans (Ref No DA 2016/0024) and documentation submitted with the application and subject to the conditions below, to ensure the development is consistent with Council’s consent.  NOTE:  Any alterations to the approved development application plans must be clearly identified WITH THE APPLICATION FOR A CONSTRUCTION CERTIFICATE. 

 

The Principal Certifying Authority for the project may request an application for modification of this consent or a new application in the event that changes to the approved plans are subsequently made.  An application to modify the development consent under s96 of the Environmental Planning and Assessment Act, 1979, as amended and will be subject to a separate fee.

 

2.      BUILDING CERTIFICATE

Objective

To ensure compliance with Section 149A of the NSW Environmental Planning and Assessment Act 1979.

Performance

A Building Certificate issued under Section 149A of the Environmental Planning & Assessment Act 1979 shall be obtained within six (6) months of the date of this consent for all structures constructed on the property associated with this consent.

3.      OCCUPATION AND USE

Objective

To ensure the development and associated activities/operation are acceptable in terms of the amenity of the neighbourhood and the public interest whilst maintaining its functional operation.

Performance

(1) This consent permits only the keeping, boarding, breeding and training of greyhounds on the site.

(2) The total number of dogs permitted to be accommodated on the site shall not exceed two hundred (200) dogs (including pups) at any one time.

(3) The Applicant is to supply Council annually with evidence of up to date licencing endorsed by Greyhound Racing NSW.

(4) The premise shall be maintained in a clean and tidy state at all times.

(5) The premises shall be constructed and operated in such a manner so as to not interfere with the amenity of the neighbourhood by reason of the emission of discharge of noise, fumes, vapour, steam, soot, ash, dust, waste water, waste water products, grit, oil or other harmful products of the industry.

(6) The activities of the dogs on the site are to be carefully monitored by the operators of the animal boarding and training establishment and barking dogs are to be attended to or isolated from other dogs immediately to prevent exciting the remaining dogs.

(7) Dogs (Greyhounds) are to be confined to their runs and or kennels at all times, except when using the exercise or training runs or when in transit. When dogs are being moved on site they shall be suitably restrained or contained to prevent escape from the site.

(8) All feed and odorous materials shall be stored in sealed containers.

(9) All wastes associated with the proposed operations are to be disposed of to a location and by an effective means in accordance with relevant government regulations.

 

4.      SCALE (GENERAL)

 

Objective

 

To ensure the scale of the activity does not increase beyond the scope of this approval without the further assessment of possible impact.

 

Performance

 

This approval enables the applicant to operate at a scale as submitted in the proposal.  No additional kennels or dog runs associated with the animal boarding and training establishment may be constructed on the land. All use of the land for an animal boarding and training establishment must be restricted to those facilities approved of this consent.

 

5.      HOURS OF OPERATION

 

Objective

 

To protect the amenity of the surrounding area.

 

Performance

 

The hours of operation of ancillary servicing, deliveries, pick ups/drop offs shall be as follows:-

 

8:00am to 4:00pm Monday - Sunday

 

Drop offs/pick ups are permitted to be undertaken outside of those hours listed only when animals are being taken to or returning from race meetings.

6.      LANDSCAPING PLANS/SITE TREATMENT

 

Objective

 

To reduce landuse conflict and to lessen the visual impact or the development.

 

Objective

 

Separate detailed landscaping plans by a suitably qualified person is to be submitted to and approved by Council within three (3) months of the date of this consent.

 

All landscaping is required to be established within six (6) months of the date of the consent and shall be appropriate species for the area, quick growing and provide amenity to the area including screening and shade.

 

The landscaping will be required to be maintained at all times and in perpetuity.

 

7.      ON SITE WASTE WATER MANAGEMENT

 

Objective

 

To ensure that an accredited sewage management facility is designed, constructed and installed for the shed that accommodates the food preparation area, whelping and brood bitches.

 

Performance

 

The Onsite Wastewater Management System is to be designed for the intended use following a site specific examination of the site by a suitably qualified person, details of the proposed system along with an application to install an onsite wastewater management system are to be provided to Council within three (3) months of the date of this consent.

 

8.      WASTE MANAGEMENT

 

Objective

To ensure that wastes are correctly stored, disposed of and controlled at all times to prevent accidents and to maintain clean and tidy premises.

 

Performance

 

All waste and refuse from the kennels shall be collected on a daily basis and stored in a manner in which it does not create any odour nuisance, pose an environmental risk and/or threat, or have any detrimental impact upon the amenity of the surrounding area.

 

9.      ODOUR

 

Objective

 

To ensure the development is acceptable in terms of the amenity of the neighbourhood.

 

Performance

 

The use of the land for an animal boarding and training establishment shall not cause any “offensive odour” as defined by the provisions of Protection of the Environment Operations Act 1997.

 

10.    NOISE IMPACT ASSESSMENT

 

Objective

 

To provide details of any noise impact on the amenity of the area and mitigation measures.

 

Performance

 

A Noise Impact Assessment of the Animal Boarding and Training Establishment is to be undertaken by a suitably qualified person and evidence of the assessment for the proposed use to be submitted to Council within six (6) months of the date of the consent.

 

11.    NOISE EMISSION

 

Objective

 

To ensure statutory requirements are met and to protect the amenity of the surrounding area.

 

Performance

 

The use of the land for an animal boarding and training establishment must not cause any ‘offensive noise’ as defined by the provisions of the Protection of the Environment Operations Act 1997.

 

Noise from the development shall not exceed LAeq of 41dBA over any 15 minute period when measure within 30 metres of any residence on adjoining lands.

 

 

 

12.    NOISE CONTROL (DOG KENNELS)

 

Objective

 

To meet the statutory requirements and to protect the amenity of the locality.

 

Performance

 

The Kennels will operate within the requirements of the Companion Animals Act 1998 and POEO Act 1997.  The applicant needs to be aware that this effectively means that Council must act on noise related complaints and reserves the right to enforce measures as appropriate to ensure noise laws are not breached.

 

The applicant is encouraged to utilise acoustic design principles in the construction of the kennels.  Such principles should include cavity-type exterior walls (e.g. hollow concrete block, or cavity colorbond walls with noise insulation); noise dampening treatment of the kennel roof utilising insulation batts or a sound blanket. 

 

13.    PLANNING FOR EMERGENCIES

 

Objective

 

To ensure the safety of the owners, operators and animals at the facility in the event of a natural hazard.

 

Performance

 

The Applicant is to prepare an Emergency Response Plan for the Animal Boarding and Training Establishment. This is to ensure an emergency plan is in place in the event of a hazard, such as a bushfire.

 

A copy of the Emergency Response Plan is to be provided to Council within twelve (12) months of the date of the consent. The plan should be developed in accordance with the NSW Department of Primary Industries Management Guide: Planning for Emergencies.

 

14.    SPILLAGE OF LIGHT

 

Objective

 

To protect the amenity of the surrounding area.

 

Performance

 

Any lighting used in association with the animal boarding and training establishment shall be shielded and directed so as to not cause any annoyance to adjoining and nearby landowners/occupiers or to passing motorists on Peabody Road.

 

 

15.    WATER SUPPLY

 

Objective

 

To ensure provision is made for adequate water supply for the Animal Boarding and Training Establishment.

 

Performance

 

Within three (3) months of the date of this consent, the Applicant is provide evidence to Council of adequate water supply for the animal boarding and training establishment in addition to a copy of the license for the bore.

 

16.    APPLICATION FOR CERTIFICATION

 

Objective

 

To satisfy the post-consent requirements of this Development Consent, and to comply with S.109 of the Environmental Planning and Assessment Act 1979, as amended.

 

Performance

 

The person having the benefit of this consent is required to apply for a:

 

ACCESS CONSTRUCTION CERTIFICATE

ACCESS COMPLIANCE CERTIFICATE

OCCUPATION CERTIFICATE

 

17.    INTERNAL ACCESS

 

Objective

 

To ensure a satisfactory all weather access is available to the development.

 

Performance

 

The applicant is required to maintain the existing internal access road at all times from the point of access to Lot 2 DP 773981 to the proposed development to a standard that allows access by a typical 2-wheel drive vehicle in wet weather, at the applicants cost.

 

18.    OFF STREET CARPARKING

 

Objective

 

To ensure adequate on-site car parking for staff is provided at all times.

 

Performance

 

Off-street staff car parking for at least 1 vehicle is to be available at all times. Should additional staff be employed, additional car parking may be required to be provided on site.

 

19.    PROVISION OF PRIVATE ACCESS

 

Objective

 

To ensure that safe and practical access is provided to the subject land.

 

Performance

 

The existing access to the property at Lot 2 DP 773981 off Peabody Road must be upgraded in accordance with Councils’ Provision of Private Access Specification that is current at the time of application.

 

An Access Construction Certificate must be obtained prior to commencement of construction or upgrade of any access to the property from the adjoining road.

 

A joint inspection with the Principal Certifying Authority is to be held prior to commencing construction of the access.  Please telephone Council’s Development Engineer on 6392 3271 to arrange a suitable date and time for the inspection.

 

An Access Compliance Certificate for the access must be issued by Council before any Occupation Certificate can be issued for the development.

 

20.    TRAFFIC AND PEDESTRIAN MANAGEMENT PLAN

 

Objective

 

To ensure that any traffic or pedestrian movement through or past the work site is safe.

 

Performance

 

The applicant is to prepare and implement a Traffic Management Plan that provides necessary direction to traffic or pedestrian movement through or past the work site.  The Traffic Management Plan is to be prepared by a suitably qualified person in accordance with the provisions of the relevant Australian Standards and is to be submitted to Council for approval PRIOR to its implementation.

 

21.    APPLICATION OF BITUMEN SEAL ACCESS

 

Objective

 

To ensure safe ingress and egress is provided to the subject land.

 

Performance

 

The applicant is required to provide a bitumen seal surface a minimum of 10 metres from the edge of the travel lane on Peabody Road, match existing road levels and not interfere with existing roadside drainage.

 

 

22.    RMS CONDITIONS

 

Objective

 

To ensure compliance with RMS for safe ingress and egress is provided to the subject land.

 

Performance

 

Activities undertaken at the site under this development proposal are to be consistent with the submitted supporting documentation. For example, should the owner of the land propose to operate a commercial boarding kennel facility that involves the receiving and short term minding of animals for different animal owners, separate development consent will need to be obtained. 

Safe Intersection Sight Distance (SISD) requirements outlined in Part 4A Austroads Guide to Road Design and relevant Roads and Maritime Supplements is to be provided and maintained in both directions at the vehicular access to the subject land from Peabody Road. For a 100 km/h speed zone the minimum SISD is 250 metres.

The existing vehicular access from Peabody Road is to be upgraded in accordance with Austroads Guide to Road Design: Part 4 Figure 7.4 ‘standard rural property access’ (copy enclosed) and any relevant Roads and Maritime Supplements. The vehicular access is to be sealed a minimum of 10 metres from the edge of the travel lane in Peabody Road, match existing road levels and not interfere with existing road drainage.

 

To provide suitable storage capacity for the largest class of vehicle accessing the lot , any gate, grid or similar structure installed in the access is to be setback appropriately (20m for single articulated and 30m for B Double) from the edge of the pavement in Peabody Road. Any gate in the access is not to swing towards Peabody Road.

Prior to commencement of construction works, the proponent is to contact Roads and Maritime’s Traffic Operations Coordinator to determine if a Road Occupancy Licence (ROL) is required. In the event that an ROL is required, the proponent will obtain the ROL prior to works commencing within three metres of the travel lanes in Peabody Road.

Prior to issuing an occupation certificate for the proposed development, all required road works are to have been completed.

 

 


GENERAL MANAGER’S REPORT ON MATTERS FOR NOTATION SUBMITTED TO THE Ordinary Council Meeting TO BE HELD ON Tuesday 26 April, 2016

Page 1

TABLE OF CONTENTS

 

 

 

ITEM 1      RATES SUMMARY................................................................................ 1

ITEM 2      INVESTMENTS SUMMARY................................................................. 1

ITEM 3      WBC ACTIVITIES UPDATE REPORT............................................... 2

ITEM 4      COMMUNITY FACILITATION FUND................................................. 3

ITEM 5      STRATEGIC DIRECTIONS WORKSHOP - OUTCOMES.............. 4

ITEM 6      RESOLUTIONS REGISTER - INFOCOUNCIL - ACTIONS REPORTING    5

ITEM 7      COUNCILLOR WORKSHOPS............................................................ 6

ITEM 8      CANOWINDRA RETIREMENT VILLAGE ASSOCIATION............ 6

ITEM 9      REGIONAL WATER SECURITY PROJECT UPDATE................... 7

ITEM 10    ENGINEERING AND TECHNICAL SERVICES UPDATE REPORT   8

ITEM 11    ECONOMIC DEVELOPMENT ACTIVITIES REPORT.................... 9

ITEM 12    MEDIA RELEASES............................................................................. 15

ITEM 13    MEDIA ACTIVITIES............................................................................. 18

ITEM 14    DRAFT CENTRAL WEST AND ORANA REGIONAL PLAN...... 20

ITEM 15    CABONNE WASTE SERVICES UPDATE...................................... 21

ITEM 16    DEVELOPMENT APPLICATIONS RECEIVED DURING MARCH 2016      23

ITEM 17    DEVELOPMENT APPLICATIONS APPROVED DURING MARCH 2016    24

ITEM 18    MEDIAN PROCESSING TIMES 2016.............................................. 26

ITEM 19    BURIAL STATISTICS......................................................................... 27  

 

ANNEXURE ITEMS

 

ANNEXURE 1.1    Rates graph March 2016........................................... 29

ANNEXURE 2.1    Investment Summary March 2016......................... 30

ANNEXURE 3.1    WBC Update Report - April 2016............................ 32

ANNEXURE 6.1    Council................................................................................ 34

ANNEXURE 6.2    Traffic Light Report Summary............................. 83

ANNEXURE 7.1    April 12 2016 - Notes from Councillor Workshop       84

ANNEXURE 9.1    Pipeline Project Report  ........................................ 87

ANNEXURE 10.1  Eng Tech Serv Projects........................................... 90

ANNEXURE 11.1  STDG minutes 12 apr 2016.doc............................... 103 

 


 

 

ITEM 1 - RATES SUMMARY

REPORT IN BRIEF

 

Reason For Report

Information provided in relation to Council's Rates collections.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.4.a - Level of rate of collection

Annexures

1.  Rates graph March 2016    

File Number

\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\FINANCIAL REPORTING\FINANCIAL REPORTS TO COUNCIL - 746847

 

Senior Rates Officer's REPORT

 

Rate Collection Summary to 31 March 2016 is attached for Council’s information.  The percentage collected is 76.06%, which is comparable to the figure for previous years.

 

The third instalment has passed due date of 28 February 2016 and reminder notices issued for those assessments with an outstanding balance.

 

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 - INVESTMENTS SUMMARY

REPORT IN BRIEF

 

Reason For Report

Information provided in relation to Council's Investment Schedule.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.4.b - Maximise secure income through investments

Annexures

1.  Investment Summary March 2016    

File Number

\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\FINANCIAL REPORTING\FINANCIAL REPORTS TO COUNCIL - 746941

 

Senior Accounting Officer REPORT

 

Council’s investments as at 31 March 2016 stand at a total of $45,425,579.

 

Council’s average interest rate for the month was 2.84%.  The effect of the low cash rate is having a minimal impact on term deposit rates offered by financial institutions. The Reserve Bank’s official cash rate remains unchanged at a record low of 2.00% for the month of March.  However, Council’s average rate is higher than Council’s benchmark rate of the 30 Day Bank Bill Swap Rate of 2.36%.

 

Council’s investments are held with multiple Australian financial Institutions with varying credit ratings according to Council’s Investment Policy. The annexure attached to this report shows a break up of each individual institution that Council invests with and its “Standard and Poors” Credit Rating.

 

The Schedule of Investments for March 2016 is attached for Council’s information.

 

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 - WBC ACTIVITIES UPDATE REPORT

REPORT IN BRIEF

 

Reason For Report

To provide Council with an update on WBC activities for the preceding month.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.4.c. Ensure long term viability of Wellington/Blayney/Cabonne (WBC) Strategic Alliance

Annexures

1.  WBC Update Report - April 2016    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNMENT RELATIONS\LOCAL AND REGIONAL LIAISON\WBC - 744334

 

General Manager's REPORT

 

An update report on the activities undertaken by the WBC Executive Manager has been provided as an annexure for councillors’ information.

 

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 - COMMUNITY FACILITATION FUND

REPORT IN BRIEF

 

Reason For Report

To report on approved expenditure under the Community Facilitation Fund (CFF).

Policy Implications

Nil

Budget Implications

Within existing budget allocation.

IPR Linkage

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

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GRANTS AND SUBSIDIES\PROGRAMS\COMMUNITY FACILITATION FUND - 747292

 

General Manager's REPORT

 

Council adopted guidelines for the Community Facilitation Fund (CFF) in March 2015.  The CFF was created for smaller community projects not originally included in the council’s budget, to be allocated at the discretion of the Mayor and Deputy Mayor.

 

As a reminder, the guidelines for the CFF are as follows:

 

1.   Projects where no existing vote for the works has been allocated or the vote is insufficient to complete the project.

 

2.   Recipients must be community based not-for-profit groups.

 

3.   Mayor and Deputy Mayor to jointly approve funds (with the General Manager as proxy if one is not available).

 

4.   Allocation of funds to be reported to the next available council meeting.

 

5.   Limit of $3,000 per allocation unless other approved by council.

 

The was no allocation of funds in March 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 5 - STRATEGIC DIRECTIONS WORKSHOP - OUTCOMES

REPORT IN BRIEF

 

Reason For Report

To report on the key projects identifed at the strategic direction workshop held on 11 August 2015.

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\WORKSHOPS - 748270

 

General Manager's REPORT

 

On 11 August 2015, Mr Stephen Blackadder of Blackadder & Associates, consultants, facilitated a Future Directions Forum review session with 9 councillors and the senior staff team at council chambers.

 

At its August 2015 meeting, Council resolved to receive an update report about each key project identified at the workshop for the balance of the council term unless a project is completed.

 

The key ‘projects’ identified were as follows, with advice on the status of each item outlined after each one:

 

1.   Road program

Refer to Engineering and Technical Services update report.

 

2.   Molong quarry

Still in negotiations with the two successful tenderers as per February 2016 council resolution.

 

3.   Canowindra Retirement Village

Consultant appointed, awaiting report.

 

4.   Molong Library and Visitor Information Centre

Working party meeting prior to April Council meeting.

 

5.   Yeoval & Cumnock Sewerage Scheme

Refer to Engineering and Technical Services update report.

 

6.   Asset Management Plans

Budget submissions put in for consideration

Asset management software training completed and data uploaded to software.

 

7.   Review of asset holdings

Scheduled to be completed in conjunction with the compilation of Asset Management Plans.

 

8.   Multi-purpose sport facility

Cost estimates completed.

Preliminary designs completed.

Final grant submission unsuccessful, alternative plans being investigated.

 

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 - RESOLUTIONS REGISTER - INFOCOUNCIL - ACTIONS REPORTING

REPORT IN BRIEF

 

Reason For Report

To provide Council with a report on progress made in actioning its resolutions up to last month's Council meeting and any committee meetings held.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

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

Annexures

1.  Council

2.  Traffic Light Report Summary    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\RESOLUTION REGISTER - 747341

 

Director of Finance and Corporate Services' REPORT

 

InfoCouncil generated reports are annexed including actions up to the previous month’s meetings resolutions.

 

Progress comments are provided until the final action comment which will also show “COMPLETE”: that item will then be removed from the register once resolved by the council.

 

Attached also is the “traffic light” indicator system that enables the council to identify potential areas of concern at a glance.

 

Councillors should raise any issues directly with the directors as per the mayor’s request.

 

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 - COUNCILLOR WORKSHOPS

REPORT IN BRIEF

 

Reason For Report

To advise on outcomes of the councillor workshop held on 12 April 2016

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.2.c. Engage with community to determine future needs & objectives

Annexures

1.  April 12 2016 - Notes from Councillor Workshop    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\WORKSHOPS - 747314

 

Director of Finance and Corporate Services' REPORT

 

The following workshop was held and notes are attached:-

 

·    12 April – Local Government Reform, Budget related issues & Age of Fishes Museum.

 

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 - CANOWINDRA RETIREMENT VILLAGE ASSOCIATION

REPORT IN BRIEF

 

Reason For Report

To advise on result of Council resolution

Policy Implications

Nil

Budget Implications

Nil

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 - 747145

 

Director of Finance and Corporate Services' REPORT

 

On 13 April 2016 Council’s Director of Finance and Corporate Services met with David Walker of Geolyse the consultant engaged by Council to respond to questions raised in the project brief.

 

Although Mr Walker understands council’s desire to expedite the matter, he indicated that it was unlikely that information would be available for the April 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 for noting only and it is considered it complies with the guidelines.

 

 

ITEM 9 - REGIONAL WATER SECURITY PROJECT UPDATE

REPORT IN BRIEF

 

Reason For Report

To update council on the regional water project

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

5.1.1.a. Implement and amend best practice for water supply within Cabonne water operations

Annexures

1.  Pipeline Project Report      

File Number

\OFFICIAL RECORDS LIBRARY\WATER SUPPLY\DESIGN AND CONSTRUCTION\PIPELINES - 747092

 

Acting Director of Engineering & Technical Services' REPORT

 

Attached as Annexure 1 to this report is an update on the Orange to Molong Creek Dam – Stage 1 project.

 

Meeting with Infrastructure NSW – Sydney

 

On 8 April 2016 the General Manager attended a meeting in Sydney with Infrastructure NSW (INSW), OCC, CTW and DPI Water.  The purpose of the meeting was to discuss progress of the project and highlight any issues which have or are emerging from the detailed investigations which have be undertaken or are progressing.

 

The matter of the two primary options for the commencement of the pipeline, ie a non-potable line from the Maquarie Orange Pipeline (MOP) and a potable pipeline connection into the OCC system were discussed and INSW was advised that only limited progression towards the completion of this aspect of the project was possible due to key input data associated with water pricing at the source is required but has not as yet been forthcoming. 

 

At the meeting OCC undertook to attempt to provide firm pricing for both options in May for consideration by Cabonne at its June meeting.

 

At the meeting DPI water expressed its support for the potable pipeline option should that end up being the most appropriate route for the project. 

 

INSW acknowledged there had been some level of confusion around the intended purpose of the project and confirmed the purpose is to provide water for human consumption purposes.

 

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 10 - ENGINEERING AND TECHNICAL SERVICES UPDATE REPORT

REPORT IN BRIEF

 

Reason For Report

To update council on works progress in the Engineering and Technical Services Department.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

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

Annexures

1.  Eng Tech Serv Projects    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\REPORTING\ENGINEERING AND TECHNICAL SERVICES REPORTING - 747125

 

Acting Director of Engineering & Technical Services' REPORT

 

Please find attached to this report an update of the 2015/16 works in the Engineering and Technical Services department.

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 for noting only.

 

 

ITEM 11 - ECONOMIC DEVELOPMENT ACTIVITIES REPORT

REPORT IN BRIEF

 

Reason For Report

Updating councillors on economic development activities undertaken by Council's Economic Development and Tourism team

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

2.1.1.a. Develop a current economic development plan for Cabonne

Annexures

1.  STDG minutes 12 apr 2016.doc    

File Number

\OFFICIAL RECORDS LIBRARY\ECONOMIC DEVELOPMENT\REPORTING\COUNCIL REPORTS - 747230

 

ACTING ECONOMIC DEVELOPMENT MANAGER'S REPORT

 

Activities undertaken by the Acting Economic Development Manager and Promotions and Tourism Officer are listed here:

 

Projects and Programs

 

Canowindra Challenge Cabonne Country Balloon Glow 9 April 2016

 

The Cabonne Country Balloon Glow, the centrepiece of the Canowindra Challenge hot air balloon event, is being hailed the best on record.

 

While crowd numbers and gate takings had not been finalised at the time of publishing, organisers believe income from the glow may be as much as 30 per cent higher than the previous best takings.

 

A very large crowd enjoyed perfect weather for the glow. Special guests included Orange MP Andrew Gee, Cabonne Mayor Cr Ian Gosper, Parkes Mayor Cr Ken Keith and senior Destination NSW manager Phil Benson.

 

A more detailed report will be presented to Council when crowd numbers, gate takings and accommodation figures are finalised.

 

Cabonne Country Tourism Advisory Committee (CCTAC)

TP Action 1.2.2

 

CCTAC’s bi-monthly meeting is scheduled to be held on Wednesday 20 April 2016 at the Molong Council Chambers.

 

Wine of the Month

TP Action 3.1.2

 

The selected Wine of the Month for April 2016 is Tom’s Waterhole Wines – The Waterhole Blend 2012. The vineyard is a small family owned company established in 1998 and produces a full range of red and white table wines. Their specialties and the Methode Traditionale Sparkling (both red and white). All the wines are made on site where you can meet the winemaker.

 

Tom’s Waterhole Vineyard is located 7.5km from Canowindra on the Long’s Corner Rd.

 

What’s On In Cabonne Newsletter

TP Action 2.1.1, 3.1.2

 

The Cabonne What’s On Newsletter promoted 27 events and activities for the month of April 2016. This month’s Cabonne newsletter provided a diverse range of great activities. One of Cabonne’s key signature events took place during April. The Canowindra Balloon Challenge which was held over three full days this year linked with the Food Week celebrations with Cabonne proudly home to and hosting a number of food and wine related events.  The Molong Village Green 100 Mile Dinner sold 350 tickets early and was a great success showcasing the village atmosphere.

 

Other events listed included Molong Show, Borrodell Vineyard’s live music and how to hunt for truffle along with various markets. 

 

The Cabonne What’s On newsletter is distributed widely via email to regional Visitor Centres, Cabonne tourism operators, accommodation providers, schools, progress associations, community groups, regional and local media, posted on the Cabonne Council and Cabonne Country websites and Facebook pages and with the 350 hard copies distributed throughout the shire.

 

Cabonne Country Website

TP Action 3.1.2, 3.4.2, 3.5.2

 

Statistics collected from the Cabonne Country website indicate the following tourism trends:

 

Month

Activity

2013

2014

2015

2016

January

Visits

Statistic now not available

6,121

8,971

10,457

Hits

Statistic now not available

83,274

123,475

 

 

February

Visits

Statistic now not available

5,146

7,813

7846

Hits

59826

88,736

73,042

 

 

March

Visits

Statistic now not available

6,269

7,937

6,259

Hits

95,799

80,202

113,645

 

 

April

Visits

Statistic now not available

7,482

8,313

 

Hits

94,981

88,480

 

 

 

May

Visits

5,297

7,547

7,293

 

Hits

60,107

97,692

91,554

 

 

 

June

Visits

5,101

9,809

6,757

 

Hits

45,229

110,648

96,266

 

 

 

July

Visits

6,768

19,889

7,489

 

Hits

52,442

73,814

109,530

 

 

 

August

Visits

2,804

17,534

7,889

 

Hits

79,532

104,150

129,623

 

 

 

 

September

Visits

5,987

14,010

7,024

 

Hits

74,746

90,361

84,260

 

 

 

 

October

Visits

6,241

10,900

7,933

 

Hits

81,869

69,518

139,823

 

 

 

November

Visits

5,764

9,812

7887

 

Hits

70,612

103,591

124,306

 

 

 

 December

Visits

5,950

10,015

7,211

 

Hits

69,626

96,778

109,865

 

 

 

 

Total Visits

43,912

124,534

 92,517

24,562

Total Hits

534,163

997,158

1,137,183

433,637

 

 

Advertising / Magazines

TP Action 3.1.2

 

Editorial and or advertisements were placed in the following printed media:

 

a.   Discover Central NSW Magazine - monthly

b.   IMAG on the webpage

c.   Orange Food Week Program

d.   The Wander Magazine

e.   Regional Local Newspapers during March Village Marketing Campaign RFQ

f.    Orange Dining Guide updated

g.   Apple Harvest Festival

 

Central NSW Tourism

TP Action 5.2.2

 

Central NSW Tourism’s Unearth Campaign for 2016 has commenced and the Promotions and Tourism Officer is contacting a number of Cabonne businesses to bundle packages for an upcoming House and Garden magazine feature and social media competition. This significant promotional opportunity will raise the profile of a number of accommodation and winery operators in the area.

 

Bicycle Network –Newcrest Challenge Bike Ride 20 March 2016

 

The Newcrest Challenge held on Sunday 20 March sponsored by Cabonne Council and Destination NSW was highly successful, attracting more than 1200 cyclists. A one-day cycling event that travelled from Orange through the villages of Nashdale, Cargo, Canowindra, Manildra and back into Orange for the finish. A 170km circuit through the Central Tablelands with magnificent scenery provided cyclists with full on-road support and traffic management.

 

There were volunteers recruited from Cargo and Canowindra to support at the rest stops. Cabonne village flags were erected at the Canowindra entrance to the showground to provide a welcome for the riders in for their scheduled lunch stop. From all feedback the event proved to be a great highlight with some businesses stating they recorded a significant increase in trade and visitor interest.

 

The region is proving to be an attractive destination for cycling events.

 

NSW Masters Road Cycling Championship

 

Cycle NSW Masters Road Championship is a three-day annual event to be held from 30 April-2 May 2016 with approximately 400 competitors from all parts of NSW. Several riders of international standard will use this event to prepare for the world masters championship later in the year.

 

The Road Race on Saturday 30 April 2016 will take place in Cabonne Shire, where riders will commence outside the Molong Council Chambers and travel on Packham Drive to Garra Rd and finish on Banjo Paterson Way. Some categories of riders will lap the route four times.

 

For a media and promotional opportunity to highlight the event and our area a Cabonne Council representative will wave off a group of riders.  The winners’ jerseys have been designed with both Cabonne Council and Orange City Council logos prominently positioned on the front and the top of the sleeves. (one logo sleeve each)

 

Upcoming Events

 

Upcoming events in the Cabonne LGA include:

 

a.   Cycle NSW Masters Championship 30 April 2016

b.   Orange Apple Festival 6 - 8 May 2016

c.   AMSAG Motor Vehicle Rally 27 August 2016

d.   Cudal Show 11 September 2016

e.   Eugowra Show 16&17 September 2016

f.    Molong Show 18 September 2016

g.   Taste Martin Place Sydney 22 -23 September 2016

h.   Orange Wine Festival 14 – 30 October 2016

i.    Australian National Field Days 20 – 22 October 2016

 

Community Group Development

EDS Objective 9.4

 

The ED&T Team has administered the following enquires and/or met with:

 

a.          Age of Fishes Museum – ongoing support.

b.          Yeoval Showground – assistance with administration of grant     funding.

c.          Cycling NSW –NSW Masters Championship Road race in Cabonne Shire in       2016. Ongoing liaison.

d.          Bicycle Network – PTO to attend review and de-briefing. Ongoing liaison.

e.          Event Trekkerz – discussions for a family fun event at Lake Canobolas in September 2016. At this stage the organisers are now planning to hold the event at Orange Showground.

f.           Destination NSW workshop

g.          Central NSW Tourism

h.          FOOD WEEK support

i.           Brand Orange

j.           Campervan & Motorhome Club of Australia –RV Friendly Towns

k.          Canowindra RSL Sub Branch

 

Business Inquiries & Development

EDS Objective 10.7, 9.2

 

Council has administered the following enquires and/or met with:

 

a.   Brand Orange

b.   Destination NSW

c.   Orange City Council

d.   Blayney Council

e.   Orange Wine Region

f.    BEC Orange

g.   Caravanning & Motorhome Association

h.   Age of Fishes Museum

i.    Central NSW Tourism

j.    AMSAG Motor Vehicle Rally event in Cabonne & Forbes 27 August 2016

 

Local Government Tourism Conference 2016

 

The Local Government Tourism Conference 2016 was held in Byron Bay from the 9-11 March 2016. This year’s focus was Embracing a Changing Tourism Landscape. The program was very comprehensive and relevant with a number of impressive presenters covering essential issues facing tourism today. A number of new ideas can be incorporated into Cabonne’s operations to develop and expand our tourism services.

 

The conference provided a great opportunity to network with a number of Tourism Managers from across NSW who explored opportunities to better work together to further grow the tourism industry and for NSW to become the premier destination state for national and international visitors. 

 

Canowindra RV Friendly Town Status

 

Cabonne Council has been working closely with representatives from the Campervan Motorhome Club of Australia to have Canowindra assessed and approved as a RV Friendly Town. An application was completed and a number of meetings attended to finalise this process. 

 

On 17 March 2016, a letter of understanding was signed by Cabonne Council for Canowindra to be part of the RV Friendly Town Program.   Signs will be erected to promote this benefit and facility to the mobile travelling public.

 

Daroo Business Awards 4 November 2016

EDS Objective 11.2

 

The 2016 Daroo Business Awards, scheduled for Friday 4 November 2016, will be officially launched on the day of the council meeting.

 

The theme this year will be The Environment of Change. The public will be asked to nominate businesses for awards in 16 categories, including the Best Business in Cabonne.

 

Cumnock will be the host community for this year’s awards.

 

The awards committee met on Tuesday 12 April 2016 and its next meeting is scheduled for Tuesday 10 May 2016 at the Cabonne Council Chambers, Molong.

 

Small Towns Development Group

EDS Objective 9.5

 

The Cabonne Small Towns Development Group met on Tuesday 12 April 2016, with Cumnock, Manildra, Yeoval, and Mullion Creek communities represented.

 

Council’s Acting Economic Development Manager provided an outline of the Economic Development Unit’s activities since the previous meeting, as well as relevant information from council’s resolutions or activities since the previous meeting in February.

 

Community representatives provided a summary of issues and events related to their areas. Minutes of the meeting have been distributed to Councillors and are attached as an annexure.

 

The next meeting is scheduled for Tuesday 14 June 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 12 - MEDIA RELEASES

REPORT IN BRIEF

 

Reason For Report

To inform Council of media releases since the last report

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

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

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\COMMUNITY RELATIONS\MEDIA LIASON\MEDIA RELEASES - 2016 - 747297

 

ACTING ECONOMIC DEVELOPMENT MANAGER'S REPORT

 

DATE

MEDIA RELEASE

MEDIA/PUBLICATIONS

3 February 2015

Final chance to have a say on Cabonne, Orange, Blayney merger proposal

Prime TV, WIN TV, ABC Radio, 2EL, Radio 1089, 2GZ, 2PK, 107.5FM, 2MCE, Central Western Daily, Molong Express, Canowindra News, Yeoval Satellite Weekly, Eugowra News, Cumnock Progress Review, Molong.com.au, Wellington Times, Canowindra Phoenix, Manildra Matters, Cudal News, Blayney Chronicle

16 February 2016

New bin collection arrangements in April

ABC Radio, 2EL, Radio 1089, 2GZ, 2PK, 107.5FM, 2MCE, Central Western Daily, News, Yeoval Satellite Weekly, Cumnock Progress Review, Eugowra News, Canowindra News, Molong Express

22 February 2016

Sunday deadline to lodge submissions on Cabonne, Orange, Blayney merger proposal

Prime TV, WIN TV, ABC Radio, 2EL, Radio 1089, 2GZ, 2PK, 107.5FM, 2MCE, Central Western Daily, Molong Express, Canowindra News, Yeoval Satellite Weekly, Eugowra News, Cumnock Progress Review, Molong.com.au, Wellington Times, Canowindra Phoenix, Manildra Matters, Cudal News, Blayney Chronicle

8 March 2016

Canowindra storm water improvements under way

Canowindra Phoenix

9 March 2016

Yeoval Water Supply – Level 3 Water Restrictions Effective 10 March 2016

ABC Radio, 2EL, Radio 1089, 2GZ, 2PK, 107.5FM, 2MCE, Central Western Daily, Molong Express, Yeoval Satellite Weekly, Cumnock Progress Review

31 March 2016

Anzac Day services in Cabonne

ABC Radio, 2EL, Radio 1089, 2GZ, 2PK, 107.5FM, 2MCE, Central Western Daily, Molong Express, Canowindra News, Yeoval Satellite Weekly, Eugowra News, Cumnock Progress Review, Molong.com.au, Canowindra Phoenix, Manildra Matters, Cudal News

1 April 2016

Cabonne Council donates $20,000 to help Canowindra buy ultrasound machine

Prime TV, WIN TV, ABC Radio, 2EL, Radio 1089, 2GZ, 2PK, 107.5FM, 2MCE, Central Western Daily, Molong Express, Canowindra News, Yeoval Satellite Weekly, Eugowra News, Cumnock Progress Review, Molong.com.au, Canowindra Phoenix

4 April 2016

Work begins on $40m Mitchell Highway upgrade

Prime TV, WIN TV, ABC Radio, 2EL, Radio 1089, 2GZ, 2PK, 107.5FM, 2MCE, Central Western Daily, Molong Express, Canowindra News, Yeoval Satellite Weekly, Eugowra News, Cumnock Progress Review, Molong.com.au, Wellington Times, Canowindra Phoenix, Manildra Matters, Cudal News

8 April 2016

Cabonne excels in Local Government Excellence Awards

ABC Radio, 2EL, Radio 1089, 2GZ, 2PK, 107.5FM, 2MCE, Central Western Daily, Molong Express, Canowindra News, Yeoval Satellite Weekly, Eugowra News, Cumnock Progress Review, Molong.com.au, Canowindra Phoenix, Manildra Matters, Cudal News

11 April 2016

Thousands thrilled by Cabonne Country Balloon Glow

Prime TV, WIN TV, ABC Radio, 2EL, Radio 1089, 2GZ, 2PK, 107.5FM, 2MCE, Central Western Daily, Molong Express, Canowindra News, Yeoval Satellite Weekly, Eugowra News, Cumnock Progress Review, Molong.com.au, Wellington Times, Canowindra Phoenix, Manildra Matters, Cudal News, Dubbo Daily Liberal

 

 

 

ITEM 13 - MEDIA ACTIVITIES

REPORT IN BRIEF

 

Reason For Report

To inform Council of other media activities since the last report

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

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

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\COMMUNITY RELATIONS\MEDIA LIASON\MEDIA RELEASES - 2016 - 747298

 

ACTING ECONOMIC DEVELOPMENT MANAGER'S REPORT

 

SUBJECT

MEDIA OUTLET

Merger protest rally to stop theft

Molong Express

Greens launch online resource to “reveal real cost of forced amalgamations”

Molong Express

Orange doesn’t have a lot to say on merger

Central Western Daily

Residents pour out their anger at Toole

Central Western Daily

Gee airs concerns about merger inconsistencies

Yeoval Satellite Weekly

Cabonne fears massive rate rises after merger

Central Western Daily

Residents speak out against merger

Central Western Daily

Southern Phones serves up funds

Canowindra News

Cabonne eyeing 350% rate rise

Canowindra News

Citizens question rationale for merger

Canowindra News

Cabonne residents give clear message to Premier

Canowindra Phoenix

We’re not gunna take it

Molong Express

Cabonne rates projection frightening

Molong Express

Forced merger would mean rate increases

Cumnock Progress Review

Balloonists receive $20,000 from Cabonne Council

Canowindra News

Merger submissions should adhere to guidelines

Canowindra News

Merger: Gee told to put up or shut up

Central Western Daily

Shadow Local Government Minister places merger in spotlight

Molong Express

Merger figures still don’t add up: opponents

Central Western Daily

Merger updates a disgraceful embarrassment

Yeoval Satellite Weekly, Molong Express

KPMG million dollar hour – why savings will not eventuate

Molong Express

Councils back opposing submissions

Central Western Daily

Q&A with Orange Mayor John Davis

Molong Express

Amalgamation stance behind Gee’s federal move, says political rival

Central Western Daily

Amalgamation water assets as clear as mud

Central Western Daily

Help Canowindra ultrasound dream become reality

Canowindra Phoenix

Merger casts shadow over council roles

Central Western Daily

Fears amalgamation decision already made

Central Western Daily

Orange councillors reluctant to reapply for jobs

Central Western Daily

Election date set for councils facing mergers

Canowindra News

$40,000 raised for Canowindra ultrasound

Canowindra News

Don’t miss Canowindra balloon glow

Canowindra News

Political attitudes appear to have changed on mergers

Canowindra News

Letter to councillors another example of NSW Government’s arrogance

Yeoval Satellite Weekly, Molong Express

It’s over before it’s over – Minister asks councils to start talking

Molong Express

Request for mayors, councillors to apply for new roles

Molong Express

Molong cemetery in need of friends

Molong Express

Health cheque: Cabonne gives money to buy ultrasound

Central Western Daily

Why ask for jobs that don’t exist?

Canowindra News

Canowindra just got a little friendlier – towns receives RV status

Canowindra News

$20,000 from Cabonne for ultrasound project

Canowindra News

What’s on offer in Canowindra (feature)

Central Western Daily

Cabonne Council between a rock and a hard place

Molong Express

Work commences on $40m Guanna Hill curves

Molong Express

We did it! Canowindra community unites for ultrasound machine

Canowindra Phoenix

Balloon challenge on a new high

Canowindra News

Cabonne to join merger court action

Molong Express

Molong’s 100 Mile dinner a huge success

Molong Express

 

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 14 - DRAFT CENTRAL WEST AND ORANA REGIONAL PLAN

REPORT IN BRIEF

 

Reason For Report

For the information of council

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

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

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\LAND USE AND PLANNING\LEGISLATION\PLANNING REFORMS - 746005

 

Director of Environmental Services' REPORT

 

In June 2014 the NSW Government released new draft regional boundaries for NSW. Cabonne Council was incorporated into the Central West Region.  The Department of Planning and Environment, in collaboration with CENTROC, commenced work in December 2014 on the preparation of a Regional Growth Plan for the Central West and Orana regions. The regional growth plans will provide the basis for future strategic plans and will apply to a region encompassing 20 local government areas.

 

The Department acknowledged that there were no existing strategies in place for the region. The Regional Growth Plan will identify areas suitable for housing and employment expansion in the region as well as emphasizing the significance to the economy of agriculture and mining activity. However, not all parts of the region are projected to experience growth equally, and as such the draft plan aims to identify strategies to ensure population sustainability and to manage population decline.

 

The timeframe for the delivery of a draft plan originally proposed a deadline for completion of a draft document by the end of March 2015.  This timeframe was extended and a technical working group (made up of council planning directors and managers) was established to meet monthly to compile the content of the draft plan in terms of the issues relevant both locally and regionally  - including infrastructure, mining and manufacturing, housing, rural land, economy etc.  Each of the themes has been addressed in a regional issues paper that then informed the draft regional plan. The issue paper for agriculture and natural resources was researched and compiled by Cabonne Council’s Director of Environmental Services.

 

On 4 April 2016 the department released the draft Central West and Orana Regional Plan for public comment. Representatives of the department will be briefing council on the regional plan on 10 May. The public exhibition phase extends from 4 April until 4 July 2016.   Representatives from the Department’s western region office will be attending a councillor workshop to be held on 10 May 2016 to brief council about the draft regional plan.

 

It is important that Cabonne Council take the opportunity to review the Draft Regional Plan and ensure that the needs of the community into the future are adequately addressed in the document. The draft plan can be accessed on the department’s web site www.planning.nsw.gov.au

 

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 for noting only and it is considered it complies with the guidelines.

 

 

 

ITEM 15 - CABONNE WASTE SERVICES UPDATE

REPORT IN BRIEF

 

Reason For Report

For the information of council

Policy Implications

NIL

Budget Implications

NIL

IPR Linkage

5.3.1.h. Identify and participate in appropriate waste reduction campaigns

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\WASTE MANAGEMENT\SERVICE PROVISION\WASTE DEPOT OR TIPS - 745635

 

Senior Environmental Services Officer's REPORT

 

Cabonne Waste Services Update

 

The following report provides a brief update on council’s waste services programs.

 

1. Regional Waste & Recycling Contract Update

-     New waste and recycling bins have been delivered across Cabonne Council’s towns and villages, with the new regional waste and recycling kerbside contract to commence in April 2016.

-     The weekly waste and fortnightly recycling collection will continue as normal. 

-     As per the council resolution (28 October 2014) JR Richards will provide Cabonne with an annual kerbside collection for bulky wastes. Bulky wastes collected will now include greenwaste (rather than having a separate greenwaste collection). The annual collection for all bulky wastes including greenwaste will occur in March each year.

-     Collection of old service bins from Cabonne will commence 26 April 2016. All old bins will be recycled by the contractor.

2. Community Recycling Centre (CRC) Manildra

-     Council received a grant from the Environmental Trust in 2015 to construct a Community Recycling Centre (CRC) at the Manildra Waste Management Facility.

-     Construction of the CRC is nearing completion, with an aim to open the CRC in July 2016.

-     The CRC will open Wednesdays and Sundays (same hours as normal opening hours for the facility) for the collection of problem household wastes such as paint, gas bottles, batteries, oil and fluro tubes.

-     These problem wastes will also be collected at each of council’s five other Waste Management Facilities and transported back to the Manildra CRC for eventual recycling/disposal.

-     Toxfree is the contractor engaged by the NSW EPA to collect and recycle/dispose of the problem household wastes collected at Manildra. 

3. Landfill Closure Grant – Cargo Waste Management Facility

-     In June 2014 the Cargo landfill at the Cargo Waste Management Facility (WMF) was closed and the facility converted into a transfer station for all wastes received. The old landfill site was programmed for final capping and remediation in this financial year.

-     In August 2015 Council applied for funding through the Environmental Trust’s Landfill Consolidation and Environment Improvements Grant for the final capping and remediation of the old landfill site at the Cargo WMF.

-     On 26 February 2016 Council was advised by the Environmental Trust that this funding application was successful.

-     The total budget for the project is $84,825, of which the Trust will contribute $51,200 and council will contribute $33,625 through cash and in-kind contributions.

-     The aim for completion of this project is 20 November 2016.

-     Works undertaken as part of this project will require part closure of the facility. The transfer station will remain open for the collection of normal household wastes and recycling.

-     The local community will be notified prior to commencement of works as to the temporary impact of remedial works at the facility.

4. L-RIP – Litter Regional Implementation Plan

-     The Environmental Protection Authority (EPA) has developed a Litter-Regional Implementation Program (L-RIP) to help regional waste groups to develop Regional Litter Plans, and then jointly fund the delivery of Litter Implementation Plans in 2016-17.

-     NetWaste was awarded $20,000 under Stage 1 of the EPA’s L-RIP Program to prepare a Regional Litter Plan and 12-month Litter Implementation Plan.

-     Nine councils from within the NetWaste Region are involved in the project: Bathurst, Blayney, Bogan, Bourke, Broken Hill, Cabonne, Dubbo, Forbes and Orange.

-     The litter working team (made up of representatives from each of the participating councils, NetWaste and the EPA) developed litter objectives and targets in response to the region’s litter priorities which will contribute to the NSW Premier’s Priority to reduce litter volume by 40% by 2020.

-     A number of projects were developed to achieve the region’s objectives and targets.

-     The Draft NetWaste Regional Litter Plan has been submitted to the EPA for approval.

-      Once approved projects are scheduled to commence by 1 July 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 16 - DEVELOPMENT APPLICATIONS RECEIVED DURING MARCH 2016

REPORT IN BRIEF

 

Reason For Report

Details of development applications received during the preceding month.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.3.a. Provide efficient and effective development assessment

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\DEVELOPMENT AND BUILDING CONTROLS\BUILDING AND DEVELOPMENT APPLICATIONS\REPORTING - DEVELOPMENT APPLICATIONS TO COUNCIL - 747287

 

Director of Environmental Services' REPORT

 

The following Development Applications have been received during the period 1/3/2016 to 31/3/2016 as detailed below.

 

SUMMARY OF DEVELOPMENT APPLICATIONS RECEIVED

 

TYPE

ESTIMATED VALUE

S68 x 6

$-----

Use of Land

$-----

Change of Use

$-----

Modification to Toilet/Shower Block

$-----

Bed & Breakfast Accommodation

$-----

Modification to Men’s Shed/RFS Shed

$-----

Modification to Three Lot Industrial Subdivision

$-----

Modification to Relocate Access

$-----

Machinery Shed

$15,007

Dwelling

$263,251

Alterations & Additions

$50,000

Garage & Awning

$24,150

Dwelling/Flagpole

$250,000

Garage

$30,000

Shed

$30,000

TOTAL: 20

$662,408

 

 

 

SUMMARY OF COMPLYING DEVELOPMENT APPLICATIONS RECEIVED

 

TYPE

ESTIMATED VALUE

Dwelling

$168,039

TOTAL: 1

$168,039

 

GRAND TOTAL: 21

$830,447

 

 

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 17 - DEVELOPMENT APPLICATIONS APPROVED DURING MARCH 2016

REPORT IN BRIEF

 

Reason For Report

Details of development applications approved during the preceding month.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.3.a. Provide efficient and effective development assessment

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\DEVELOPMENT AND BUILDING CONTROLS\BUILDING AND DEVELOPMENT APPLICATIONS\REPORTING - DEVELOPMENT APPLICATIONS TO COUNCIL - 747290

 

Director of Environmental Services' REPORT

 

The following Development Applications have been approved during the period 1/3/2016 to 31/3/2016 as detailed below.

         

SUMMARY OF APPROVED DEVELOPMENT APPLICATIONS

 

TYPE

ESTIMATED VALUE

S68 Only x 6

$ -----

Modification to Dwelling

$ -----

Modification to Dwelling & Shed

$ -----

Modification to Toilet/Shower Block

$ -----

Two Day Junior State Title

$ -----

Use of Land

$ -----

Modification to Extension to Garage

$ -----

Change of Use

$ -----

Public Event – Live Life Live Festival

$ -----

Bed & Breakfast Accommodation

$ -----

Shed

$41,220

Hayshed

$42,105

Dwelling

$450,000

Shed

$47,000

Alterations & Extensions

$50,000

Dwelling & Above Ground Pool

$350,000

Farm Stay Accommodation

$200,000

Barn

$45,000

2 Bedroom Cottage (Cottage 1)

$133,500

2 Bedroom Cottage (Cottage 2)

$133,500

Machinery Shed

$15,007

Garage & Awning

$24,150

TOTAL: 27

$1,531,482

 

SUMMARY OF APPROVED COMPLYING DEVELOPMENT APPLICATIONS

 

TYPE

ESTIMATED VALUE

Alterations & Additions

$150,000

TOTAL: 1

$150,000

 

GRAND TOTAL: 28

$ 1,681,482

 

Previous Month: 27

$ 2,029,991

 

 

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 18 - MEDIAN PROCESSING TIMES 2016

REPORT IN BRIEF

 

Reason For Report

To provide information on median processing times.

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

\OFFICIAL RECORDS LIBRARY\DEVELOPMENT AND BUILDING CONTROLS\BUILDING AND DEVELOPMENT APPLICATIONS\REPORTING - DEVELOPMENT APPLICATIONS TO COUNCIL - 747293

 

Director of Environmental Services' REPORT

 

Summary of median Application Processing Times over the last five years for the month of March:

 

YEAR

MEDIAN ACTUAL DAYS

2011

26.5

2012

50

2013

34

2014

15

2015

28.5

 

Summary of median Application Processing Times for 2016:

 

MONTH

MEDIAN ACTUAL DAYS

January

22

February

45

March

30

April

 

May

 

June

 

July

 

August

 

September

 

October

 

November

 

December

 

 

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 19 - BURIAL STATISTICS

REPORT IN BRIEF

 

Reason For Report

To provide information on burial statistics.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

3.3.1.c - Maintain records of burials, reservations, placement of ashes and memorials

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\PUBLIC HEALTH\CEMETERIES\REPORTING -  BURIAL STATISTICS - 747294

 

Director of Environmental Services' REPORT

 

YEAR

NO OF BURIALS

2006/07

59

2007/08

62

2008/09

57

2009/10

65

2010/11

40

2011/12

54

2012/13

54

2013/14

80

2014/15

66

2015/16

 

July

7

August

4

September

7

October

4

November

3

December

3

January

6

February

7

March

7

April

 

May

 

June

 

Total

48

 

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 1 Ordinary Meeting 26 April 2016

Item 1 - Annexure 1

 

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Item 2 Ordinary Meeting 26 April 2016

Item 2 - Annexure 1

 

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Item 3 Ordinary Meeting 26 April 2016

Item 3 - Annexure 1

 

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Item 6 Ordinary Meeting 26 April 2016

Item 6 - Annexure 1

 

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Item 6 Ordinary Meeting 26 April 2016

Item 6 - Annexure 2

 

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Item 7 Ordinary Meeting 26 April 2016

Item 7 - Annexure 1

 

 

PRESENT:

Clrs Gosper, Culverson, Dean, Davison, Nash, Wilcox, MacSmith, Durkin, Hayes,Treavors and Culverson.

 

Also present were GM, DFCS, DETS, PA GM.

 

Apologies: Clr Walker        

 

Local Government Reform Issues

 

The Mayor opened the workshop advising councillors they should indicate whether they objected to the presence of staff during the discussions.

 

It was agreed by all councillors present that the State Government call for EOIs for councillors and general managers for positions within new organisations were two separate issues.  Councillors expressed unified agreeance that the General Manager should consider his position for himself and his family.

 

The Mayor advised of recent discussions with members of Blayney Council following a letter distributed to councillors and asked for comment.

 

Staff were asked to leave the meeting at 10.45am.

Staff returned to the meeting at 11.35am.

 

Walcha Shire Council

 

The General Manager clarified the position advising he had made contact with the General Manager of Walcha since their request to Cabonne to join them in a court action supporting Woollahra Council’s court action against the State Government.  Discussion ensued regarding the potential of covering courts costs should the action be lost and whether it was appropriate to commitment funds when the outcome, if favourable, would affect all councils anyway.  The General Manager agreed that the matter of costs was of concern and he had put that question to Walcha, to which they could only reply that the Barrister had advised the State rarely awards costs and if they did the limit of expense would likely to be the costs incurred by the councils (ie Walcha and Cabonne etc), expected to be $20K.  The General Manager also indicated that whilst there are good/positive reasons for doing this locally, there may be risks at a State level.

 

The Mayor expressed support for Cabonne participating particularly given the strong community support to stand alone.

 

Clr Culverson expressed her concern that there was no commitment that council would not be exposed to any potential court costs should the action be lost and also of committing funds when there are a percentage of residents within Cabonne who agree with the merger proposal.

 

The following councillors agreed to move a motion at the Extraordinary meeting to participate in the class action with Walcha Shire Council with a maximum contribution of $20,000.

 

Clrs Treavors, Wilcox, Walker (via the Mayor), Durkin, Gosper, Davison & Dean in favour.

 

Clrs MacSmith, Culverson & Hayes indicated they were not in favour of participating.

 

 

Budget Related issues

 

Clr Davison advised he had requested this discussion be held with the intention that councillors consider a wish list of projects for consideration in the budget.  He believed if projects are being planned and budgeted they would then carry through to a new organisation if necessary.

 

The General Manager stated the budget was being prepared on the basis of the information from the AMPs.  His view about ‘projects’, whether they be for town improvement/soft works or for roads/drainage infrastructure is that we should plan for expenditure over time in accordance with the AMPs for maintenance but also we need a strategic approach for infrastructure and soft infrastructure which is needed but not in place yet and the matters considered at this meeting would likely go onto the strategic list for further consideration in this budget cycle.  He encouraged councillors to articulate projects and discuss again after the April Council meeting.  He also indicated councillors will be aware of available reserves at or prior to these discussions.

 

Councillors indicated the following possible projects for budget consideration:

 

·    Canowindra Golf Club irrigation

·    Cudal Sports Ground shad structure

·    Mt Canobolas – access

·    Increase in tourism budget and promotion of villages.

·    Hydrotherapy pool.

 

Age of Fishes Museum (AOFM)

 

The presence of the A/EDM was noted.

 

DFCS gave a brief history of Council’s involvement in the AOFM.  He indicated council’s current contribution to the AOFM was approximately $100k excluding on-costs.

 

A/EDM advised the current situation was that the museum was struggling financially and they had recently restructured staff by condensing 3 positions into 1, in order to alleviate some financial strain.

 

In response to a question regarding a prior commitment government funds A/EDM advised Council had been advised to lodge a grant application for the fossil storage facility.

 

Discussion ensued regarding possible management options for the museum.

 

The GM advised councillors needed to be aware of the advantage of the museum containing an accredited VIC which if had to be operated individually would cost, according to the A/EDM, in the vicinity of $200K per annum.

 

The GM advised that council needed to take a proactive approach if they considered the museum a valuable council asset.

 

DFCS indicated council would need to make a decision regarding the management of the museum soon as it would reflect on the Deed of Agreement currently being negotiated with the Australia Museum.

 

It was agreed Council representatives should meet with the AOFM Board as soon as possible to discuss a future business model.

 

 

 

 

 

Meeting closed 1.00pm.

 


Item 9 Ordinary Meeting 26 April 2016

Item 9 - Annexure 1

 

1.   Project Update:

 

Orange to Molong Pipeline

The decision on a raw water pipeline to top up Molong Creek Dam or a pipeline from Orange City Council Water Filtration Plant as an emergency supply for town water is awaiting the price per kilolitre for each option from Orange City Council.

 

Molong to Cumnock & Yeoval Pipeline

The environmental assessment for the Molong to Cumnock & Yeoval pipeline is nearing completion.  Detail Design tenders are planned to be advertised this month.

 

2.   Budget

 

-     Actuals Year to Date $187,993.23

-     Committed Year to Date $258,856.23

-     Total Expenditure (inc. Committed) Year to Date $446,849.46.

-     Current FY15-16 Budget forecast $1,140,97

-     FY16-17 Budget forecast $15,524,028

-     Claim to date 97,950.83

 

 

3.   Design

Detail design of the Orange to Molong pipeline has been placed on hold pending a decision on the preferred pipeline option and water pricing. The Detail Design Tender Document has been prepared for the Molong to Cumnock and Yeoval Pipeline.  Tenders will be published to the Council Tender link website mid April.

 

4.   Schedule for next quarter:

 

There has been no change to the schedule.  Once a decision is made on the Orange to Molong pipeline the schedule will be updated.

 

 

 

 

 

 

 

 

5.   Risk Management

 

·      Orange to Molong Dam Raw Water Pipeline

 

There are no new risks resulting from the work program to date.

 

 

·      Molong to Cumnock & Yeoval Potable Water Pipeline

 

There are no new risks resulting from the work program to date.

 

 

6.   Community Engagement

 

Landholders, interest groups and town communities are being made aware of the project status using community meetings, newsletters and face to face discussion.

 

 

7.   Project Team Members

The Cabonne Council Pipeline Project Team includes.

Leonard Grout (Pipeline Project Manager)

Nyssa Smith (Custormer Service Officer)      

Mike Ryan (Acting Director of Engineering & Technical Services)

TBA (Acting Manager Waste and Water)

Jacob Evans (GIS Officer)

Tony Dwyer (Water & Sewer Supervisor)

Dale Jones (Communication & Media)

Warwick Doulman (Environmental Safety Officer)

 

Resignation of Team Member: David Bennie.


Item 9 Ordinary Meeting 26 April 2016

Item 9 - Annexure 1

 

 


M

A

M

J

J

A

S

O

N

D

Drought Management Study

 

 

 

Land acquisitions

 

 

 

 

 

Council Resolution

 

Condition Assessment Report

 

 

 

Drinking Water Management Plan

Complete REF

 

 

 

 

 

REF approval (MCD pipeline)

 

REF approval (Molong to Yeoval & Cumnock Pipeline)

 

Prepare Tender to select Design Consultant

 

 

Council Resolution

 

 Complete Detail Design & specification tender packages

 

 

Tender for construction work

 

 

Council Resolution

 

Award and commence construction

 

 

 

 

Commission

Handover to operations


Item 10 Ordinary Meeting 26 April 2016

Item 10 - Annexure 1

 

 

ENGINEERING AND TECHNICAL SERVICES PROJECTS 2015-2016

MARCH

PROJECT

BUDGET

COST TO DATE

Administration

$806,847

 

Cudal Office Building - Repair Foundation

$13,800

$9,983

Training Room - Mitchell Room Fit Out

$69,000

0

Council Building Inspections - Include Halls, Chambers & Molong Health One

$28,750

0

Cudal Depot - Installation of  Security Fence and Gate

$46,000

0

Molong Workshop - Car and Truck Hoists

$41,400

$49,324

Molong Workshop - Recycled Air Flow System

$28,750

$10,909

HACC Building roof replacement

$77,282

$1,178

Connelly’s Store upgrade

$587,487

$178,632

 

 

 

Public Order and Safety

 

Cudal Fire Shed

$240,000

$33,289

Byng, Moorbel and Mullion Creek Fire Shed

$75,000

$36,065

 

 

 

Urban Stormwater

$484,685

 

Molong - Complete Stage 2 Riddell Street Molong

$200,000

$4,370

Molong - Install Culverts Intersection Riddell & William Street

$93,000

0

Cudal  - Cudal Health Centre Drainage

$75,000

$19,437

Manildra  - Molong Street- Whitton Street and Orange Street

$55,185

0

 

Cabonne Water

$1,934,963

 

Water Assets - Hydrant Inspection Maintenance & Replacement Program

$34,500

0

Water Meter/Connection Replacement  Program

$34,500

$1,851

Water Assets -  Molong Water Mains -Repair and Replace Deteriorated Assets in Accordance with AMP

$74,750

$58,632

Water Assets - Mitchell Highway Water Main Renewal

$74,750

0

Water Assets - Flow Monitoring Molong Creek Dam Inlet & Outlet Weir

$34,500

$28,969

Water Assets - Molong  - Construct New Trunk Mains

$1,380,000

$4,036

Water Study - Long Term Financial - Best Practice Framework Project

$57,500

$38,931

Water Contractor DWMP - Implementation Project

$38,123

$35,546

 

 

 

Small Town Sewer

$1,306,146

 

STSS Assets - Cumnock Budget Allocation

$365,248

$119,250

STSS Assets - Yeoval Budget Allocation

$826,365

$111,984

Security Alarm and Access Control  - Cumnock and Yeoval STP

$23,000

0

Sewer Assets - Cudal STP Inlet Structure

$40,250

0

Sewer Assets - Manildra STP Inlet Structure

$34,500

0

 

 

 

Cabonne Sewer

$748,619

 

Canowindra Pump Stations  Repair & Replace in Accordance with AMP

$150,880

0

Eugowra Pump Stations

$41,120

$18,115

Eugowra STP – Repairs Earthworks embankment

$69,000

$54,292

Thistle St Pump Station - Repair in Accordance with AMP

$22,111

0

UV Disinfection System - Wet Weather Bypass

$123,050

0

Options Report for replacement of Mechanical Mixers

$23,000

$22,678

Canowindra & Molong Sewer Mains

$253,000

$179,590

Canowindra & Molong Sewer Mains Asset Inspection

$40,250

$29,711

 

 

 

Recreation & Culture

$1,453,854

 

Mitchell Room Molong - Structural  and Architectural  Report

$230,000

0

Drafting of Architectural Drawings for all Council Public Halls

$27,324

0

Halls – Painting, Fence Replacement, Replace Windows

$52,325

$29,452

Halls – Paint exterior of Manildra Hall

$28,526

$18,406

Pools - Replace pumps, upgrade electrical, replace chlorine booster, signage, replace shade cover,

$289,042

$156,299

Molong Multipurpose Sports Venue

$575,000

0

Recreation & Sporting Grounds, Playgrounds – Table, seating, roof, hot water system, amenities, paint, swings, softfall

$167,555

$68,436

Canowindra Rec Ground  - Basketball Court - Renew surfaces, repaint back boards & nets

$178,250

0

Cargo Recreation Ground – Lighting Upgrade

$117,464

$115,941

Yeoval Recreation Ground – Amenities Building

$147,716

$87,663

 

 

 

Economic Affairs

$112,700

 

Canowindra Caravan Park -  Renovate Laundry Room

$20,700

$23,256

Canowindra Caravan Park -  Renovate  toilets &  shower  room waterproof

$57,500

$31,918

Canowindra Caravan Park – Furniture fit out of cabin

$34,500 

$16,043

Transport & Communication

$12,638,483

 

Local Road Construction - Funded by Roads to Recovery

$1,950,533

 

Packham Drive Stage 1 – Yellowbox Road Intersection,  Molong

$400,210

$440,006

Packham Drive Stage 2 – 50/100 Manildra

$400,210

$111,689

Nanima Lane and Davys Plain Road – Intersection, Cargo

$135,654

0

Paling Yards Loop, Cudal

$102,470

$95,023

Gordon Road, Guyong

$124,263

$117,542

Casuarina Drive, Eugowra

$378,000

$308,034

Bank Street, Molong

$49,726

$448

Moorbel Drive, Canowindra

$100,000

$103,766

Orange Street, Manildra

$260,000

$448

 

 

 

Local Road Construction - Funded by Blackspot

$941,500

 

Cadia Road – south of Ridgeway entrance

$258,000

$141,940

Cargo Road – Talbingo overtaking lane

$395,500

0

Packham Drive – Stage 1

$133,000

$1,074

Packham Drive – Stage 2

$155,000

$448

Lookout Road, Mullion Creek (delineation and tree vegetation)

$57,500

$36,965

Cadia Road – Four Mile Creek Intersection Upgrade total expenditure (commenced in 2014-2015 and completed 31 October 2015.)

$1,274,164

$1,264,845

 

 

 

Cadia Road Heavy Patching

$800,000

 

Cadia Road Heavy Patching

 

$162,370

 

 

 

Local Road Urban Reseal Program

$227,750

$11,406

 

 

 

Local Road Rural Reseal Program

$770,250

$255,917

 

 

 

Local Road Heavy Patching

$825,000

$668,276

 

 

 

Local Road - Gravel Resheeting

$862,212

$621,148

 

 

 

Mount Pleasant Road

$25,000

$5,733

Barnes Lane

$12,500

$8,353

Meadow Bank Road

$25,000

$13,239

Palings Yard Loop

$25,000

$20,875

Bowans Lane

$25,000

$10,290

Nanami Lane

$25,000

$26,737

Mousehole Lane

$25,000

$31.602

Scenic Drive Road

$25,000

$12,344

Burdett Road

$25,000

$21,258

Kangaroobie Lane

$25,000

$28,295

Belgravia Road

$25,000

$21,311

Oakey Road

$12,500

$9,460

Waldergrave Road

$25,000

$17,872

Cowridga Road

$25,000

$15,043

Spring Hill Road

$12,500

0

Cashens Lane

$25,000

$19,643

Convent Lane

$25,000

$21,580

Dry Creek Road

$25,000

$21,770

Mount Canobolas Road

$50,000

$29,522

Northern Area Baldry Road

$50,000

$37,066

Rocky  Ponds Road

$25,000

$16,512

Strathmore Lane

$25,000

$26,016

Greenbah Creek Road

$25,000

$21,126

Bournewood Church Road

$50,000

$44,809

Burrawong Road

$25,000