cabonne Council colour 200 wide

 

 

 

 

 

 

 

 

21 September 2016

 

 

NOTICE OF ORDINARY COUNCIL MEETING

 

Your attendance is respectfully requested at the Ordinary Meeting of Cabonne Council convened for Tuesday 27 September, 2016 commencing at 2.00pm, at the Cabonne Council Chambers, Bank Street, Molong to consider the undermentioned business.

 

 

 

Yours faithfully

Stephen J Harding

ACTING GENERAL MANAGER

 

 

ORDER OF BUSINESS

 

1)       Open Ordinary Meeting

2)       Consideration of Mayoral Minute

3)       Consideration of Acting 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

 

 

 

 

 

 

 


 

 

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 27 September, 2016

Page 1

TABLE OF CONTENTS

 

 

 

ITEM 1      ACKNOWLEDGEMENT OF COUNTRY............................................ 3

ITEM 2      APPLICATIONS FOR LEAVE OF ABSENCE.................................. 3

ITEM 3      DECLARATIONS OF INTEREST....................................................... 3

ITEM 4      DECLARATIONS FOR POLITICAL DONATIONS.......................... 3

ITEM 5      MAYORAL ELECTIONS PROCEDURE 2016.................................. 3

ITEM 6      ELECTION OF MAYOR FOR 2016/2017.......................................... 3

ITEM 7      ELECTION OF DEPUTY MAYOR 2016/2017.................................. 3

ITEM 8      DESTRUCTION OF BALLOT PAPERS............................................ 3

ITEM 9      DELEGATION TO MAYOR AND DEPUTY MAYOR (IN MAYOR'S ABSENCE) 3

ITEM 10    STANDING COMMITTEES.................................................................. 3

ITEM 11    OTHER COUNCIL COMMITTEES THAT MEET AS WHEN REQUIRED     3

ITEM 12    DELEGATES TO OTHER ORGANISATIONS - FOR THE TERM OF COUNCIL ................................................................................................................... 3

ITEM 13    DELEGATES TO OTHER ORGANISATIONS - FOR THE YEAR 2016/2017       3

ITEM 14    DELEGATES TO OTHER ORGANISATIONS - COMMUNITY PEAK ORGANISATIONS................................................................................. 3

ITEM 15    ALTERNATE DELEGATE TO COMMITTEES OTHER THAN COUNCIL COMMITTEES........................................................................................ 3

ITEM 16    FIXING THE DATE AND TIME FOR COUNCIL AND OTHER MEETINGS 3

ITEM 17    MAYORAL MINUTE - APPOINTMENTS........................................... 3

ITEM 18    COMMITTEE OF THE WHOLE........................................................... 3

ITEM 19    GROUPING OF REPORT ADOPTION.............................................. 3

ITEM 20    CONFIRMATION OF THE MINUTES................................................. 3

ITEM 21    REPLACEMENT AIR CONDITIONER IN COMMITTEE ROOM... 3

ITEM 22    COUNCIL'S POLICY REGISTER - DELETION OF "SIGN OFF OF COUNCIL CORRESPONDENCE" POLICY......................................................... 3

ITEM 23    AUGUST 2016 LOCAL TRAFFIC COMMITTEE.............................. 3

ITEM 24    SAFE HAVEN ENTERPRISE VISA SCHEME.................................. 3

ITEM 25    MURRAY DARLING ASSOCIATION NATIONAL CONFERENCE & AGM 3

ITEM 26    IPART REVIEW OF THE LOCAL GOVERNMENT RATING SYSTEM        3

ITEM 27    REQUESTS FOR DONATIONS.......................................................... 3

ITEM 28    STATECOVER AND STATEWIDE INCENTIVE PAYMENTS 2016/2017    3

ITEM 29    REVOTED EXPENDITURE FROM THE 2015/2016 BUDGET YEAR TO 2016/2017 BUDGET.................................................................................................. 3

ITEM 30    COMMUNITY ASSISTANCE PROGRAM APPLICATIONS.......... 3

ITEM 31    EVENTS ASSISTANCE PROGRAM 2016/2017.............................. 3

ITEM 32    MONTANA PARK SIGN....................................................................... 3

ITEM 33    DEVELOPMENT APPLICATION 2012/0159 FOR RETAIL OF FURNITURE AND MACHINERY AT LOT 2 DP 842863 BEING 39 TILGA STREET, CANOWINDRA................................................................................................................... 3

ITEM 34    DEVELOPMENT APPLICATION 2017/6 FOR THREE (3) LOT SUBDIVISION AND DWELLING UPON LOT 10 SECTION C DP 32548 LAND ALSO KNOWN AS 32 WADDELL ST, CANOWINDRA.......................................................... 3

ITEM 35    DEVELOPMENT APPLICATION 2016/153 GREENHOUSES AND PACKING SHED UPON LOT 496 DP 1095508 LAND ALSO KNOWN AS 621 CANOBOLAS RD, CANOBOLAS......................................................................................... 3

ITEM 36    DEVELOPMENT APPLICATION 2017/17 DUAL OCCUPANCY UPON LOT 7 SECTION B DP 11160, 11 MCLAUGHLAN ST, CUMNOCK ....... 3

ITEM 37    MODIFICATION OF DEVELOPMENT APPLICATION 2016/0024 - ANIMAL BOARDING AND TRAINING ESTABLISHMENT (GREYHOUNDS) - LOT 2 DP 773981, 1321 PEABODY ROAD, MOLONG.................................... 3

ITEM 38    MODIFICATION OF DEVELOPMENT APPLICATION 2008/177/1 - 89 BRUCE ROAD, ORANGE................................................................................... 3

ITEM 39    QUESTIONS FOR NEXT MEETING................................................... 3

ITEM 40    BUSINESS PAPER ITEMS FOR NOTING........................................ 3

ITEM 41    COMMITTEE OF THE WHOLE SECTION OF THE MEETING..... 3

ITEM 42    MATTERS OF URGENCY.................................................................... 3

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      REQUEST FOR REFUND OF GARBAGE RATES

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

ITEM 3      PLANT HIRE TENDER 2016-2018

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

ITEM 4      OFFERS TO PURCHASE LAND (LOTS1-5 DP1187720) AT MANILDRA

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

ITEM 5      MOLONG SWIMMING POOL

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

ITEM 6      CANOWINDRA SWIMMING POOL

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

 

ANNEXURE ITEMS

 

ANNEXURE 11.1  Committees that meet as when - Terms of Reference 2015                                                                                                      3

ANNEXURE 20.1  August 23 2016 Ordinary Council minutes....... 3

ANNEXURE 23.1  Traffic Committee Minutes August 2016........... 3

ANNEXURE 24.1  Safe Haven Enterprise Visa Scheme.................... 3

ANNEXURE 25.1  MDA Conference Program 2016............................... 3

ANNEXURE 27.1  MADIA - Request for Sponsorship towards Manildra Christmas Party 2016.................................................... 3

ANNEXURE 29.1  Revotes.................................................................................. 3

ANNEXURE 30.1  Community Assistance Program........................... 3

ANNEXURE 34.1  2017/6 Draft Conditions of Consent.................... 3

ANNEXURE 35.1  2016/153 Draft Conditions of Consent................ 3

ANNEXURE 35.2  Site Plan................................................................................ 3

ANNEXURE 35.3  Elevations Greenhouses........................................... 3

ANNEXURE 35.4  Elevations Packing Shed............................................ 3

ANNEXURE 35.5  Packing Shed Floor Plan - 1..................................... 3

ANNEXURE 35.6  Packing Shed Floor Plan - 2..................................... 3

ANNEXURE 36.1  2017/17 Draft Conditions of Consent.................. 3

ANNEXURE 38.1  Modified Conditions of Approval 2008/177 Aboud         3 

 


 

 

ITEM 1 - ACKNOWLEDGEMENT OF COUNTRY

REPORT IN BRIEF

 

Reason For Report

To provide an opportunity for the mayor to recite an acknowledgement of country

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\COMMUNITY RELATIONS\ISSUES MANAGEMENT\ABORIGINAL INDIGENOUS AFFAIRS - 780421

 

 

Recommendation

 

THAT the Mayor recites an Acknowledgement of Country in accord with Council’s Code of Meeting Practice policy.

 

 

Administration Manager's REPORT

 

Council’s adopted Code of Meeting Practice policy includes reciting of an Acknowledgement of Country on “… special/formal occasions; at the September Council Meeting for the Election of Mayor & Deputy Mayor; and at other occasions at the discretion of the Mayor…”.

 

An Acknowledgement of Country is where people acknowledge and show respect for the Aboriginal Traditional Custodians of the land upon which the event/meeting is taking place. 

 

A Chair usually begins the meeting by acknowledging that the meeting is taking place in the country of the traditional owners.  It reads as follows.

 

I would like to acknowledge that we are here today on the land of the Wiradjuri people who are the Traditional Custodians of this land.  I would also like to acknowledge the present Aboriginal and Torres Strait Islander people who may reside within this area.”

 

 

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 - 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 - 776826

 

 

Recommendation

 

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

 

Acting 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 3 - 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 - 776827

 

 

Recommendation

 

THAT the Declarations of Interest be noted.

 

Acting 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 4 - 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 - 776828

 

 

Recommendation

 

THAT any Political Donations be noted.

 

Acting 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 5 - MAYORAL ELECTIONS PROCEDURE 2016

REPORT IN BRIEF

 

Reason For Report

Outlining procedures for the conduct of Mayoral elections

Policy Implications

Consistent

Budget Implications

Nil

IPR Linkage

4.5.1.g. Code of Meeting Practice adhered to

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\ELECTIONS\MAYORAL - 780672

 

 

Recommendation

 

THAT Council:

 

1.   Re-affirm its previous practice of conducting voting for the positions of Mayor and Deputy Mayor by preferential ballot where three or more nominations are received, otherwise by ordinary ballot.

2.   Determine if it wishes details of the voting for the positions of Mayor and Deputy Mayor to be made public.

 

 

Acting General Manager's REPORT

 

Nominations for Mayor and Deputy Mayor

Councillors are advised that nominations for the position of Mayor and Deputy Mayor will close at 2.00pm sharp on Tuesday, 27 September 2016.  Nominations must be in writing and signed by two councillors, one of whom may be the nominee.  The consent for nomination must be signed by the Nominee.  Should a councillor act as one nominee for oneself it is most important that they also sign the consent to nomination.  Failure to do so renders the nomination invalid.

Nominations can be delivered to the Acting General Manager or the Acting Director of Finance and Corporate Services at the Molong Office for placement in the ballot box.  The Acting General Manager will also be in attendance on meeting day from 9.00 am in the General Manager’s Office at the Council Chambers in Molong to accept any nominations.

Council should also indicate if it wishes details of voting to be made public.

Should councillors have any queries in relation to any aspect of the Mayoral Elections, they are asked to contact the Acting General Manager or the Acting Director of Finance and Corporate Services at their convenience.

Amendments to the Local Government Act

The NSW Parliament has passed amendments to the Local Government Act 1993 (the LGA) known as the Phase 1 reforms, focusing mainly on improving council governance and strategic business planning.

It should be noted that due to the amendments the term of office for a mayor elected by councillors will be increased to two years (section 230(1) LGA).

Election Procedures

The procedure for election for the positions of Mayor and Deputy Mayor is:

1.         If only one councillor is nominated, that councillor is elected.

2.         If more than one councillor is nominated, the Council is to proceed by preferential ballot, by ordinary ballot or by open voting.

3.         The election is to be held at the council Meeting at which the Council resolved on the method of voting.

4.         The following definitions apply:

“Ballot” has its normal meaning of secret ballot;

“Open Voting” means voting by a show of hands or similar means.

It has been the practice in the past for Council to conduct voting by ordinary ballot where there are two (2) nominations and preferential ballot where three or more nominations are received.  Assuming Council continues with this practice the following procedure has been set down for Preferential Voting in Part 3 of Schedule 7, Election of Mayor by councillors, in the Local Government (General) Regulation 2005.

 

Ordinary Voting

The ballot papers are to contain the names of both candidates. councillors make their vote by placing “1” against the name of the candidate they wish to see elected.  The candidate with an absolute majority of votes is deemed to be elected.

Preferential Voting - Ballot Papers and Voting

1.         The ballot papers are to contain the names of all the candidates.  The councillors are to make their votes by placing the numbers “1”, “2”, “3” and so on against the various names so as to indicate the order of their preference for the candidates.  In accordance with Clause 9 of Schedule 7, councillors must show their preferences for all candidates for votes to be formal.

2.         The formality of a ballot-paper under this Part is to be determined in accordance with Clause 345 (1)(b); (1)(c) and (5) of this Regulation as if it were a ballot paper referred to in that clause.

3.         An informal ballot paper must be rejected at the count.

Count

1.         If a candidate has an absolute majority of first preference votes, that candidate is elected.

2.         If not, the candidate with the lowest number of first preference votes is excluded and the votes on the unexhausted ballot-papers counted to him or her are transferred to the candidates with second preferences on those ballot- papers.

3.         A candidate who then has an absolute majority of votes is elected, but, if no candidate then has an absolute majority of votes, the process of excluding the candidate who has the lowest number of votes and counting each of his or her unexhausted ballot-papers to the candidates remaining in the election next in order of the voter’s preferences is repeated until one candidate has received an absolute majority of votes.  The latter is elected.

4.         In this clause “absolute majority” in relation to votes means a number which is more than one half of the number of unexhausted formal ballot-papers.

Tied Candidates 

1.         If, on any count of votes, the numbers of votes cast for 2 candidates are equal and;

a)         those candidates are the only candidates in the election - the candidate whose name is first chosen by lot is taken to have received an absolute majority of votes and is therefore taken to be elected; or

b)         those candidates are the ones with the lowest number of votes on the count of the votes - the candidate whose name is first chosen by lot is taken to have the lowest number of votes and is therefore excluded.

2.         If, on any count of votes, the numbers of votes cast for 3 or more candidates are equal and the lowest number of votes on the count of the votes - the candidate whose name is first chosen by lot is taken to have the lowest number of votes and is therefore excluded.

Choosing by Lot

To choose a candidate by lot, the names of the candidates who have equal numbers of votes are written on similar slips of paper by the Returning Officer, the slips are folded by the Returning Officer, so as to prevent the names being seen, the slips are mixed, (placed in a vial) and one is drawn at random by the Returning Officer and the candidate whose name is on the drawn slip is chosen.

Result

The result of the election (including the name of the candidate elected as mayor or deputy mayor) is:

a)         to be declared to the councillors at the council meeting at which the election is held by the returning officer, and

b)         to be delivered or sent to the Office of Local Government and to the Secretary of Local Government NSW.

 

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 - ELECTION OF MAYOR FOR 2016/2017

REPORT IN BRIEF

 

Reason For Report

To allow the election of the Mayor for 2016/2017

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\ELECTIONS\MAYORAL - 780188

 

 

Recommendation

 

THAT the Acting General Manager proceed with the requirements for the election of the Mayor for Cabonne Council as detailed in the item relating to the determination of requirements for the election process.

 

 

Administration Officer's REPORT

 

Following the determination by Council of the item relating to the determination of requirements for the election process, a resolution for the Acting General Manager to proceed with the election of the Mayor is required.

 

 

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 - ELECTION OF DEPUTY MAYOR 2016/2017

REPORT IN BRIEF

 

Reason For Report

To allow elections for Deputy Mayor for 2016/2017

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\ELECTIONS\MAYORAL - 780192

 

 

Recommendation

 

THAT the Acting General Manager proceed with the requirements for the election of the Deputy Mayor for Cabonne Council as detailed in the item relating to the determination of requirements for the election process.

 

 

Administration Officer's REPORT

 

Following the determination by Council of the item relating to the determination of requirements for the election process, a resolution for the Acting General Manager to proceed with the election of the Deputy Mayor is required.

 

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 - DESTRUCTION OF BALLOT PAPERS

REPORT IN BRIEF

 

Reason For Report

For Council to determine whether ballot papers need to be destroyed

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 - 780196

 

 

Recommendation

 

THAT the ballot papers for the positions of Mayor and Deputy Mayor be destroyed upon the completion of formalities associated with the respective ballots.

 

 

Administration Officer's REPORT

 

Following the election of Mayor and Deputy Mayor a resolution is required as to disposal of the ballot papers. 

 

Traditionally Cabonne Council has destroyed the ballot papers upon the completion of formalities associated with the respective ballots.

 

 

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 9 - DELEGATION TO MAYOR AND DEPUTY MAYOR (IN MAYOR'S ABSENCE)

REPORT IN BRIEF

 

Reason For Report

To reaffirm the delegation to the successful candidates elected as Mayor and Deputy Mayor

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

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

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\CORPORATE MANAGEMENT\AUTHORISATIONS\DELEGATIONS - 780202

 

 

Recommendation

 

THAT subject to not receiving direction from the Council as to the consideration of any particular matter by the Council itself and subject to the requirements of the Local Government Act 1993 and Regulations thereunder and any express policy of the Council or regulations of any public authority other than the Council and pursuant to the powers conferred on Council by s377 of the Local Government Act 1993, the Mayor (name in full to be inserted) and, where allowed, in his/her absence the Deputy Mayor (name in full to be inserted) be authorised to exercise or perform on behalf of the Council the powers, authorities, duties and functions as follows:

 

1.    To incur expenditure up to the sum of $3,000 for incidental expenses, within approved votes of Council.

2.    To receive a public interest disclosure in circumstances assigned to the position of Mayor in Council’s Public Interest Disclosure (Internal Reporting) Policy.

 

 

Administration Officer's REPORT

 

Following the elections for Mayor and Deputy Mayor, it is necessary for Council to re-affirm the delegation to the successful candidates.  This is in addition to such other powers as are conferred under the Local Government Act 1993.

 

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 - STANDING COMMITTEES

REPORT IN BRIEF

 

Reason For Report

To advise on workshops held to replace standing committees.

Policy Implications

Could impact on Code of Meeting Practice

Budget Implications

Nil

IPR Linkage

4.5.1.g. Code of Meeting Practice adhered to

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\PROCEDURES - 782513

 

 

Recommendation

 

THAT Council continue to hold workshops as and when required.

 

Acting General Manager's REPORT

 

At the September, 2014 Council meeting, Council resolved not to appoint standing committees and to have a “Committee of the Whole” agenda item. In addition, it was envisaged that the second Tuesday of each month would be set aside for meetings for other strategic directions or business improvement purposes.  Unfortunately, in 2014/15 these workshops were mainly around ‘Fit for the Future’ and Integrated Planning and Reporting matters.

 

Following the strategic directions workshop held with Stephen Blackadder in August 2015, it was planned to resume the format originally planned for these workshops.  This worked well for the majority of 2015/16 with 5 workshops being held.

 

It is proposed to continue the workshops in 2016/17, recommencing in October 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 11 - OTHER COUNCIL COMMITTEES THAT MEET AS WHEN REQUIRED

REPORT IN BRIEF

 

Reason For Report

To determine the committee members for other Council committees for 2016/17

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.1.g. Code of Meeting Practice adhered to

Annexures

1.  Committees that meet as when - Terms of Reference 2015    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COMMITTEES - REPORTS OF 2016 - 745782

 

 

Recommendation

THAT Council:

1.   Determine the Committee Members for the Australia Day Awards Committee that meets as and when required for the 2016/2017 year.

2.   Note the membership of the Heritage Working Party.

3.   Note the membership of the General Manager Performance Review Panel.

 

Administration Officer's REPORT

 

Each of Council’s committees is constituted to deal with certain matters identified under Council’s principal activities.  Further details of the principal activities are included in Council’s Delivery Program. 

 

The Committee Members for Other Council Committees that meet as and when required for the year 2016/17 (October to September) comprised of the following:

 

 

1)   AUSTRALIA DAY AWARDS COMMITTEE

 

This committee was formed following OLG advice regarding a technical breach of the Local Government Act in considering award winners in a ‘Closed’ session of Council.

 

The committee considers nominations for Australia Day awards (including Citizen, Young Citizen and Community Group of the Year as well as the Cabonne Youth Ambassador of the Year) and recommends winners to Council.

 

The Terms of Reference for this Committee is annexed.

 

The Australia Day Awards Committee consists of all the councillors and the General Manager.

 

2)   HERITAGE WORKING PARTY

 

The Heritage Working Party was formed to replace the former Heritage Committee by Council resolution (through the Environmental Services and Sustainability Committee) at its May 2013 meeting.

 

The working party has input into developing council programs to support the wider community in acknowledging its history and heritage.  The working party also has a role in facilitating significant anniversary and study projects.

 

Members are Clrs Culverson and Wilcox, the Director of Environmental Services and Council’s Heritage Advisor.

 

3)   GENERAL MANAGER PERFORMANCE REVIEW PANEL

 

The panel was established to undertake performance reviews of the General Manager at 6 and12 monthly intervals.

 

Members elected at the March 2013 meeting were the Mayor, Deputy Mayor, and Clrs Davison and Hayes.  Clr Walker was elected to replace Clr Hayes (resigned) on this Panel at the April 2016 Council meeting.

 

 

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

 

 

 

ITEM 12 - DELEGATES TO OTHER ORGANISATIONS - FOR THE TERM OF COUNCIL

REPORT IN BRIEF

 

Reason For Report

For Council to note its delegates to the listed organisations for the term of Council

Policy Implications

Consistent with Council's Code of meeting practice

Budget Implications

Nil

IPR Linkage

4.5.1.g. Code of Meeting Practice adhered to

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\PROCEDURES - 780537

 

 

Recommendation

 

THAT Council note its delegates to Central Tablelands Water, Central West Libraries and Central NSW Business Enterprise Centre committees for the term of Council.

 

 

Administration Officer's REPORT

 

Council is required to determine its delegates and representatives to other organisations and community organisations for the term of council or for each financial year.  The following were determined at the September 2012 meeting for the term of council as:

 

1)      CENTRAL TABLELANDS WATER (CTW)

 

Council’s two delegates to Central Tablelands Water have been Clrs A Durkin and K Walker.

 

2)      CENTRAL WEST LIBRARIES (CWL)

 

Delegates for this committee were modified at the September 2014 meeting as follows:  Council’s two representatives to the Central West Libraries Committee have been Clr J Culverson and the Director of Finance & Corporate Services, with the Administration Manager acting as alternate delegate. 

 

3)      CENTRAL NSW BUSINESS ENTERPRISE CENTRE (BEC)

 

Council’s representative to the Central NSW Business Enterprise Centre committee has been Clr I Davison, with the General Manager being an alternate delegate.

 

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 - DELEGATES TO OTHER ORGANISATIONS - FOR THE YEAR 2016/2017

REPORT IN BRIEF

 

Reason For Report

For Council to determine its delegates and representatives to other organisations and community organisations for the 2016/2017 year.

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\ECONOMIC DEVELOPMENT\LIAISON\ASSOCIATIONS - 712792

 

 

Recommendation

 

THAT Council determine its delegates and representatives to other organisations (as listed below) for the balance of the 2016/2017 year.

 

Administration Manager's REPORT

 

Council is required to determine its delegates and representatives to other organisations and community organisations for the balance of the 2016/2017 year. 

 

1)         ARTS OUT WEST

Arts Out West is an organisation that gives people the opportunity to become involved at a regional and state level with arts and cultural development in the Central West Region.

 

Council’s representative to Arts Out West has been Clr Wilcox.

 

2)         ASSOCIATION OF MINE RELATED COUNCILS INC

The Association of Mine Related Councils is the primary lobby group for councils affected by mining.  It also provides legal advice and networking opportunities.

 

Council’s representatives on the Association of Mine Related Councils Inc. has been Clr Wilcox (with Clr Davison as alternative delegate) and the Director of Environmental Services.

 

3)         AUSTRALIA WIDE RURAL ROAD GROUP (AWRRG)

This group’s agenda includes current issues with regional road infrastructure including “road network sustainability, and if not addressed, its direct negative implications for local industry, and the need for specific funding to close the funding gap.”  Supporting the AWRRG agenda by becoming a financial member is seen as a proactive approach to address the funding shortfall. 

 

Council’s delegates to the AWRRG Group are Clrs Gosper and Hayes, with Clr Culverson as alternative delegate.

 

4)         BELUBULA RIVER JOINT COMMITTEE

The Belubula River Joint Committee is run in conjunction with Cowra Council and is responsible for river clearance and management issues on the Belubula River.

 

Council’s representative to the Belubula River Joint Committee has been Clr Walker with Clr Durkin as an alternative delegate.

 

5)         CABONNE CARAVAN PARK COMMITTEE

This committee is responsible for overseeing the operation of all Cabonne caravan parks.  A representative of each caravan park is a member of the Committee: i.e. the managers from Molong and Canowindra. 

 

Council’s representatives on the Cabonne Caravan Park Committee have been Clrs Gosper, Dean and Walker.  Urban Services staff also attend.

 

6)         CABONNE CONSULTATIVE COMMITTEE

The committee is responsible for oversight of Industrial and Award matters and acts in a consultative capacity involving councillors, staff and senior management.

 

The Council’s representatives to the Cabonne Consultative Committee have been Clrs Dean and Culverson.

 

7)         CABONNE/ORANGE ROAD SAFETY COMMITTEE

This committee is responsible for road safety in Cabonne and Orange, particularly oversight of the Road Safety Officer’s operations.

 

The council representative to the Cabonne/Orange Road Safety Committee has been Clr Treavors with Clr Dean as the alternative representative.

 

8)         CABONNE COUNTRY TOURISM ADVISORY COMMITTEE

The Cabonne Country Tourism Advisory Committee aims to facilitate the development of tourism to and within Cabonne Country.  The charter requires nomination of a minimum of one Cabonne Council Councillor to this committee.  The Tourism and Community Development Coordinator and Economic Development Manager attend these meetings

 

Council’s representative to the Cabonne Country Tourism Advisory Committee has been Clr Davison with Clr Wilcox as the alternative representative.

 

9)         CADIA - MREMP COMMITTEE

This committee has a statutory role to assess mining and environmental matters associated with Cadia mine.

 

The Director of Environmental Services has been Council’s representative on the Cadia MREMP Committee.

 

10)      CADIA – COMMUNITY CONSULTATIVE COMMITTEE

This committee was established in accordance with the development consent and acts as a forum for the local community to raise issues in relation to the mine’s operation.

 

Council’s representative on the Cadia Community Consultative Committee has been the Director of Environmental Services with Clr MacSmith as the alternative representative. 

 

11)      CANOBOLAS BUSH FIRE MANAGEMENT COMMITTEE

The councils of Cabonne, Orange and Blayney combined their Bushfire Management Committees to form the Canobolas Bushfire Management Committee.

 

Council’s representatives to the Canobolas Bush Fire Management Committee have been Clr Culverson with Clr MacSmith as alternative delegate and the Director of Engineering and Technical Services.

 

12)      CANOBOLAS COMMUNITY SAFETY PRECINCT COMMITTEE

Community Safety Precinct Committees (CSPCs) provide an opportunity for local councils and community members to meet with Police Local Area Commanders and share their perspective on local crime and safety issues, to get involved in strategies designed to address local crime concerns and are an opportunity for Local Area Commanders to promote accurate local crime information and raise awareness of crime prevention approaches.

 

Council’s representative to the Canobolas Community Safety Precinct Committee is the Mayor (Clr Gosper).

 

13)      CANOBOLAS ZONE LIAISON COMMITTEE

The committee has been formed to administer the Canobolas Zone Service Level Agreements.

 

Council representative to the Canobolas Zone Liaison Committee have been Clr Gosper with Clr MacSmith as alternative delegate and the Director of Engineering and Technical Services.

 

14)      CANOWINDRA AGE OF FISHES MUSEUM BOARD and STRATEGIC ADVISORY COMMITTEE OF THE CANOWINDRA AGE OF FISHES MUSEUM

These are 2 community committees established to administer the Age of Fishes Museum at Canowindra. 

 

Council’s representative to the Canowindra Age of Fishes Board and Strategic Advisory Committee has been Clr Durkin with Clr Walker as the alternative delegate.  

 

15)      CANOWINDRA FOOD BASKET ADVISORY GROUP

The aim of this project is to supply food to the underprivileged and low income families of Canowindra.  To qualify, clients must have a current pension or health card and only one weekly entitlement per household is allowed. 

 

Council’s delegate on the Canowindra Food Basket Advisory Group has been Clr Walker.

 

16)      CANOWINDRA RETIREMENT VILLAGE PROJECT WORKING COMMITTEE

The proposed objective of the working group is to develop guidelines and operational protocols sufficient to satisfy the legal requirements of the three parties (Council, Uniting Care and the Project Association) in a formal deed of understanding or like document in order that the infrastructure and building planning may commence.

 

Council’s representatives on the Canowindra Retirement Village Project working committee are Clr Hayes and the Director of Finance and Corporate Services with Clr Walker as the alternate representative.

 

17)      CARGO ROAD USERS ASSOCIATION

This committee has been established to lobby for upgrading of Cargo Rd.

 

Council’s representative on the Cargo Road Users Association has previously been Clr MacSmith with Clr Dean as an alternative delegate.

 

18)      CENTRAL TABLELANDS LOCAL LAND SERVICES (LLS) previously Central West Catchment Management Authority (CWCMA)

 

LLS bring together agricultural production advice, biosecurity, natural resource management and emergency management into a single organisation.

 

Councillor representation on the former CWCMA Local Government Reference Group Forum has been through Clr MacSmith as delegate and Clr Wilcox as alternative delegate.

 

19)      CENTRAL WEST COUNCILS ENVIRONMENT & WATERWAYS ALLIANCE previously the Salinity Action Alliance

The former Salinity Action Alliance merged with the Central West Catchment Management Local Government Reference Group to form the Local Government Salinity & Water Quality Alliance Reference Group.  This was then renamed as the Central West Councils Environment & Waterways Alliance.

 

Council’s representatives on the former Salinity Action Alliance have been Clr MacSmith with Clr Hayes as the alternative delegate and the Director of Environmental Services.

 

20)      CENTRAL WEST MINING LIAISON COMMITTEE - (CABONNE/ORANGE/BLAYNEY)

This committee has oversight of mining exploration and operations, particularly in the Cabonne, Orange and Blayney areas.

 

Council’s representative on the Central West Mining Liaison Committee for the Cabonne, Orange and Blayney area is the Mayor (Clr Gosper) with Clr MacSmith as the alternative delegate.

 

21)      CENTROC HEALTH WORKFORCE COMMITTEE

This committee is responsible for monitoring medical and health issues in the CENTROC region. 

 

Council’s delegates to the CENTROC Health Workforce Committee have been Clr Nash with the Mayor (Clr Gosper) as the alternative delegate and the Community Services Manager.

 

22)      CABONNE HEALTH COUNCIL

Health councils provide a structure for community participation and consultation to enable the Western NSW Local Health District in meeting the health needs of its communities.  The Cabonne Health Council is still to be established however advice has been received that a formal councillor delegate is not required.  Participation at this level is meant to allow involvement by community members.  Council has opportunity through other venues to participate e.g. the CENTROC Health Workforce Committee.

 

It is recommended that the Council note no delegate is required for this organisation.

 

23)      HACC JOINT COMMITTEE

This committee, previously known as the Food Services Advisory Committee is responsible for advising on Food Services needs for Council’s Home and Community Care operations.

 

Council’s representative to the HACC Joint Committee has been Clr Walker with Council’s Community Services Manager as alternative delegate.

 

24)      LACHLAN REGIONAL TRANSPORT COMMITTEE

This committee assumes a lobbying role on transport issues in the Lachlan region.

 

Council’s delegate to the Lachlan Regional Transport Committee has been Clr Durkin with Clr Walker as the alternative delegate and the Director of Engineering and Technical Services (as and when required).

 

25)      LITTLE RIVER LANDCARE CATCHMENT MANAGEMENT

This committee has assumed responsibility for Landcare Management issues associated with Little River in the Yeoval area.

 

Council’s representative to the Little River Landcare Group has been Clr Davison with Cr Nash as the alternative delegate.

 

26)      LOCAL EMERGENCY MANAGEMENT COMMITTEE

This committee is responsible for the coordination of emergency response issues for Cabonne.

 

The representatives to the Local Emergency Management Committee previously consisted of the Mayor (Clr Gosper), the Director of Engineering and Technical Services as the Local Emergency Management Officer and the Operations Manager Roads & Bridges as the Deputy Local Emergency Management Officer (and the Maintenance Coordinator as alternative Deputy – August 2016 delegation).

 

Under the current Emergency Management legislation, the General Manager is the chair of the Local Emergency Management Committee (LEMC). The General Manager elected to delegate the role to the Director of Engineering and Technical Services. 

 

27)      MOLONG MEDICAL COMMITTEE

This committee is responsible for community liaison on health and medical issues in Molong.

 

Council’s representative on the Molong Medical Committee has been Clr Hayes with Clr Nash as the alternative representative.

 

28)      NOXIOUS WEEDS ADVISORY COMMITTEES

These are cooperative committees involving groups of councils in the Lachlan and Macquarie River catchment areas along with NSW Agriculture to oversee and advise on noxious weeds matters.

 

Lachlan Valley Noxious Weeds Advisory Committee

 

Clr Walker has been the council’s representative on this committee with Clr Hayes being the alternative delegate.

 

Upper Macquarie Noxious Weeds Advisory Committee

 

Clr Gosper has been the council’s representative on this committee with Clr MacSmith being the alternative delegate.

 

29)      OPHIR RESERVE TRUST BOARD

The Department of Lands has appointed a Public Trust to manage the affairs of the Ophir Reserve in lieu of an administrator.  Council nominated a position of “Councillor, Cabonne Council (ex-officio member)” to be on the Board which was ratified by the Minister for Lands.

 

Council’s representative on this Board to fill the position of ‘councillor’ has been Clr Culverson.

 

30)      RESTART WATER SECURITY TASKFORCE

This taskforce relates to Stage 1: Orange to Molong Creek Dam pipeline project. 

 

Council’s representative on this taskforce has been Clr MacSmith.

 

31)      SYDNEY ROADLINKS COMMITTEE

This is a regional committee with representatives from 7 Councils aimed at upgrading the Great Western Highway from the Blue Mountains through to Bathurst.

 

Council’s delegate to this committee has been the Mayor (Clr Gosper) with Clrs Davison and Walker as the optional alternative delegates.

 

Council should note that the Director of Engineering & Technical Services also attends these meetings as an observer.

 

32)      TRAFFIC COMMITTEE

This committee advises Council on traffic related issues in Cabonne.  It also consists of Police and RMS representatives.

 

Council’s delegate to this committee has been Clr Dean with the Mayor (Clr Gosper) as the alternative delegate.  Clr Culverson also attends these meetings as an observer.

 

33)      VERTO LTD

This committee comprises of representatives from the Central West overseeing the provision of training, employment and community services offered by Verto Ltd.

 

Council’s delegate to this committee has been Clr Wilcox.

 

34)      WALUWIN CENTRE GOVERNANCE COMMITTEE

A lease has been put in place between Council and the Health Administration Corporation on behalf of Greater Western Area Health Service (GWAHS).  The lease provides for a “Centre Governance Committee” to be established by Council including representatives of all lessees/occupiers within the building to provide advice to the lessor on but not limited to the efficient management and operation of the building including the preparation of annual budgets.

 

Council’s delegate to this committee has been Clr Hayes with Clr Wilcox as the alternative delegate.

 

35)      WALUWIN MOLONG HEALTHONE HEALTH SERVICES ADVISORY COMMITTEE

The key role of the Advisory Committee is to set the strategic direction for primary and community health and health related services for the community of Molong and the surrounding towns.  The Advisory Committee will oversee the HealthOne Molong service to ensure the safe, appropriate and strategic conduct of the service occurs. 

 

Council’s delegate to this committee has been Clr Hayes with Clr Nash as the alternative delegate.

 

36)      WELLINGTON/DUBBO LANDCARE MANAGEMENT

This committee represents some sixteen (16) Landcare Groups and 400 ratepayers within the Cabonne boundary.

 

Council’s delegate to this committee has been Clr Davison with Clr Wilcox as the alternative delegate.

 

 

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 - DELEGATES TO OTHER ORGANISATIONS - COMMUNITY PEAK ORGANISATIONS

REPORT IN BRIEF

 

Reason For Report

For Council to determine its delegates and representatives to other community peak organisations 2016/17

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

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

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\ECONOMIC DEVELOPMENT\LIAISON\ASSOCIATIONS - 780544

 

 

Recommendation

 

THAT Council determine the appointment of the delegates to Community Peak Organisations (as listed in the report), subject to the support from these organisations for the 2016/17.

 

 

Administration Officer's REPORT

 

Town

Organisation

Meetings

Representative

Manildra

Manildra and District Improvement Association (MADIA)

1st Wednesday of each month

Clr M Hayes

(Clr M Nash as alternate)

Cumnock

Cumnock and District Progress Association

3rd Thursday of each month

Clr G Smith

(Clr S Wilcox as alternate)

Yeoval

Yeoval and District Progress Association

1st Tuesday of each month

Clr G Smith

(Clr I Gosper as alternate)

Molong

Molong Advancement Group

1st Thursday of each month

 

Clr I Gosper

(Clr M Hayes as alternate)

Mullion Creek

Mullion Creek & District Progress Association

4th Tuesday of each month

 

Clr J Culverson

(Clr S Wilcox as alternate)

Cargo

Cargo Progress Association

Meet as and when required

Clr L MacSmith

(Clr G Dean as alternate)

Borenore

Borenore Committee Progress Association

As and when advised

Clr I Davison

(Clr L MacSmith as alternate)

Canowindra

Canowindra Business Chamber

2nd Wednesday of each month

Clr A Durkin

(Clr K Walker as alternate)

Eugowra

Eugowra Promotion and Progress Association

2nd Tuesday of each month

Clr K Walker

(Clr G Dean as alternate)

Cudal

Cudal Progress Association

1st Tuesday of each month

Clr G Treavors

(Clr G Dean as alternate)

Spring Hill/Spring Terrace

Spring Hill/Spring Terrace Committee

As and when advised

Clr S Wilcox

(Clr L MacSmith as alternate)

Canowindra

Canowindra Sports Trust

2nd Wednesday of each month

Clr A Durkin

(Clr K Walker as alternate)

 

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 15 - ALTERNATE DELEGATE TO COMMITTEES OTHER THAN COUNCIL COMMITTEES

REPORT IN BRIEF

 

Reason For Report

For Council's information

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

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

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\ECONOMIC DEVELOPMENT\LIAISON\ASSOCIATIONS - 780538

 

 

Recommendation

 

THAT the information be noted.

 

Administration Officer's REPORT

 

Council’s Payment of Expenses and Provision of Facilities for Mayor and Councillors Policy includes a previously resolved policy that any official Council delegate is authorised to arrange for another councillor to represent Council at functions where the official delegate is unable to attend and believes that Council representation is required.

 

The councillor representing a delegate who is unable to attend may claim reimbursement of travel expenses at the prescribed rate provided that Council’s Administration Manager is advised in writing by the official delegate of the arrangements 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 16 - FIXING THE DATE AND TIME FOR COUNCIL AND OTHER MEETINGS

REPORT IN BRIEF

 

Reason For Report

To determine the time and date of regular meetings of Council and other meetings

Policy Implications

Could impact on the Code of Meeting practice

Budget Implications

Nil

IPR Linkage

4.5.1.g. Code of Meeting Practice adhered to

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\PROCEDURES - 780676

 

 

Recommendation

 

THAT Council determine the date and time of regular meetings of Council and other meetings.

 

Acting General Manager's REPORT

 

The following procedure is to conduct Council and other meetings as follows:

 

a)   Ordinary Council Meeting

 

The Ordinary Council meeting is held at Council’s Molong Office on the fourth Tuesday of each month, commencing at 2.00pm.

 

b)   Other Meetings

 

Meetings for other strategic directions and business improvement purposes are held on the second Tuesday of the month as required (see item on Standing Committees).

 

 

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 - 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 - 776829

 

 

Recommendation

 

THAT the information contained in the Mayoral Minute be noted.

 

Acting 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 18 - 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 - 776830

 

 

Recommendation

 

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

 

Acting General Manager's 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 19 - 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 - 776831

 

 

Recommendation

 

THAT:

1.          Councillors call any items they wish to further consider

2.          Items 20 to 23 be moved and seconded.

 

 

Acting General Manager's REPORT

 

Items 20 to 23 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 20 - 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.  August 23 2016 Ordinary Council minutes    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - MINUTES - 2016 - 776832

 

 

Recommendation

 

THAT the minutes of the Ordinary meeting held 23 August 2016 be adopted.

 

Acting General Manager's REPORT

 

The following minutes are attached for endorsement.

 

1.   Minutes of the Ordinary Council meeting held on 23 August 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 21 - REPLACEMENT AIR CONDITIONER IN COMMITTEE ROOM

REPORT IN BRIEF

 

Reason For Report

To retrospectively approve expenditure.

Policy Implications

Nil

Budget Implications

$7,975.36 from the Office Equipment budget

IPR Linkage

3.3.4.a - Maintain Council administration buildings

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\COUNCIL PROPERTIES\MAINTENANCE\MOLONG - 97 BANK ST BUILDING - 781492

 

 

Recommendation

 

THAT Council: -

 

1.   Approve the expenditure of $7,975.36 in retrospect for the replacement of the air conditioner in the Council Committee room; and

 

2.   Resolve that the expenditure is required and warranted to enable meeting to continue to be held in acceptable conditions.

 

Acting Director of Finance & Corporate Services' REPORT

 

After the recent power outage at the Molong office on 25 July 2016, there have been ongoing problems with the air conditioner unit in Council’s committee room.  Orange Electrical have inspected the unit on two occasions trying to pinpoint the problem, however have failed to repair the air conditioning.

 

Orange advised that due to the age and lack of parts available for the air conditioning unit, the cheapest and simplest option for council would be to replace the unit.

 

A quote was sourced from Orange Electrical to replace the unit with a cost of $7,975.36 (GST exclusive).

 

The funds have been allocated from the Office Equipment budget. 

 

Council’s Acting Director of Finance & Corporate Services has authorised for the work to be carried out as it was considered an operational necessity to have a functioning air conditioner.

 

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. 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 council considered the expenditure is required and warranted.

 

ITEM 22 - COUNCIL'S POLICY REGISTER - DELETION OF "SIGN OFF OF COUNCIL CORRESPONDENCE" POLICY

REPORT IN BRIEF

 

Reason For Report

To seek Council's approval to delete this policy.

Policy Implications

Yes - will update Council's Policy Register if approval to delete the policy is given

Budget Implications

Nil

IPR Linkage

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

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\CORPORATE MANAGEMENT\POLICY\POLICY CORRESPONDENCE - 780545

 

 

Recommendation

 

THAT the “Sign off of Council correspondence” policy be deleted from Council’s policy register.

 

Administration Manager's REPORT

 

A review of the above policy has highlighted that, in fact, it is not a “policy” of the Council of a type that should be on council’s policy register maintained under the Local Government Act and that needs to be adopted by the Council.

 

The ‘policy’ relates to authority delegated to staff by the General Manager to sign off on correspondence.

 

It is considered to be an internal operational procedure which supports a delegated function. 

 

 

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 administrative nature and it is considered it complies with the guidelines.

 

 

ITEM 23 - AUGUST 2016 LOCAL TRAFFIC COMMITTEE

REPORT IN BRIEF

 

Reason For Report

For Council to ratify the recommendations of the committee

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

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

Annexures

1.  Traffic Committee Minutes August 2016    

File Number

\OFFICIAL RECORDS LIBRARY\CORPORATE MANAGEMENT\MEETINGS\TRAFFIC COMMITTEES - 782749

 

 

Recommendation

 

THAT Council ratify the recommendations of the Local Traffic Committee.

 

Acting Technical Services Manager's REPORT

 

Attached are the minutes of the Local Traffic Committee meeting held 25 August 2016. The items addressed and their associated recommendations are as follows:

 

Item 3. Orange Colour City Running Festival

THAT Council approve the request subject to:

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

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

3.   Written approval being obtained from NSW Police

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

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

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

7.   The event organiser debriefs Council on the event. This includes notifying Council of all incidents or near misses that occur during the event.

 

Item 4. Canowindra Car Auction

THAT the Committee approve the event subject to:

1.   The entire event is held at Canowindra Showground OR Gaskill Street is closed for the event

2.   The supplied Traffic Control Plan (TCP) has been accepted and is to be fully implemented by the event organiser subject to:

a.   The inclusion of ‘no parking’ zones for 15m either side of any signage erected by the organiser

b.   The TCP shall be set up under the supervision of a current RMS accredited “Apply TCPs” (RMS Yellow Ticket) person

c.   Only RMS accredited Traffic Controllers (Blue/Grey Ticket) shall operate Stop/Slow

3.   The event organiser shall notify all emergency services of the event

4.   The event organiser shall obtain written Police approval from the Canobolas LAC to conduct the event

5.   The event organiser must have public liability insurance cover to the value of $20 million, with Cabonne Council noted as an interested party and with the date and time of the event

6.   Any use of private land shall have the owner’s approval

7.   The event organiser shall be responsible for the cost of repairing any damage caused to Council infrastructure as a result of the event.

 

Item 5. White Ribbon March

THAT Council approve the request subject to:

1.   Written approval being obtained from NSW Police

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

3.   The event organiser notifies Council of any incidents or near misses that occur during the event

 

Item 6. Orange Triathlon Festival

THAT Council approve the request subject to:

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

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

3.   Written approval being obtained from NSW Police

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

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

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

7.   The event organiser debriefing Council on the event. This includes notifying Council of all incidents or near misses that occur during the event.

8.   No loudspeakers being used before 9am on each day of the event

 

Item 7

THAT Council take no action at this time.

 

Item 8

THAT Council take no action at this time.

 

Item 9

That the site be inspected and the applicant contacted, and the matter go to an electronic Local Traffic Committee.

 

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 24 - SAFE HAVEN ENTERPRISE VISA SCHEME

REPORT IN BRIEF

 

Reason For Report

Seeking Council's view regarding this NSW Government initiative.

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

1.  Safe Haven Enterprise Visa Scheme    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNMENT RELATIONS\LOCAL AND REGIONAL LIAISON\PREMIERS DEPARTMENT - 782558

 

 

Recommendation

 

THAT Councillors provide feedback in relation the community’s support of the Safe Haven Enterprise Visa Scheme.

 

Acting General Manager's REPORT

 

NSW was the first State to sign up to the Safe Haven Enterprise Visa (SHEV) scheme, which will give asylum seekers an alternative to the Temporary Protection Visa, with a five-year option to live, study and work in regional NSW.  Visas will be available to those assessed to be genuine refugees by the Commonwealth Government and who indicate they are prepared to work or study in NSW.  Sydney, Newcastle, Wollongong and the Central Coast areas are excluded from the scheme.

 

SHEV holders have access to a range of Commonwealth and NSW Government services including employment services, primary and secondary education, TAFE, Medicare and mental health support services amongst other.  They also have the same workplace rights as Australian workers, including access to the minimum wage.

 

The Premier’s Department have written to regional councils seeking their view on the community’s willingness to welcome new arrivals and the support and opportunities communities may be able to offer refugees.  They are also interested in Council’s view about the best way to work together with local government to ensure successful resettlement outcomes.  A fact sheet issued by the Department of Immigration & Boarder Protection is attached.

 

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, it is considered this matter complies with the guidelines.

 

 

ITEM 25 - MURRAY DARLING ASSOCIATION NATIONAL CONFERENCE & AGM

REPORT IN BRIEF

 

Reason For Report

To authorise any delegates to attend the conference.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.1.e - Provide adequate training & professional development opportunities for councillors

Annexures

1.  MDA Conference Program 2016    

File Number

\OFFICIAL RECORDS LIBRARY\WATER SUPPLY\CATCHMENT\MURRAY DARLING BASIN COMMISSION - 782036

 

 

Recommendation

 

THAT any interested councillors nominate to attend the 2016 MDA National Conference in Dubbo.

 

Acting General Manager's REPORT

 

Registrations are now open for delegates, members and guests to attend the Murray Darling Association’s (MDA) 72nd National Conference & AGM, to be held in Dubbo on Wednesday 26th and Thursday 27th October 2016, with an optional Study Tour on Friday 28th. Council is not a member of the association.

 

The theme for this year's conference is 'Local Government - The Voice of the Basin'.  A copy of the draft programme is attached.

 

The programme includes a number of guest speakers, state and federal representation, and provides networking and advocacy opportunities for communities.

 

Interested councillors should nominate if they would like to attend the conference.

 

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 26 - IPART REVIEW OF THE LOCAL GOVERNMENT RATING SYSTEM

REPORT IN BRIEF

 

Reason For Report

To inform council of the release of the draft report and recommendations and seek feedback for council's submission.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

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

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNMENT RELATIONS\LOCAL AND REGIONAL LIAISON\INDEPENDENT PRICING AND REGULATORY TRIBUNAL - 782131

 

 

Recommendation

 

THAT Council consider the Draft Report for the Review of the Local Government Rating System and provide feedback for inclusion in Council’s submission.

 

Acting General Manager's REPORT

 

The Independent Pricing and Regulatory Tribunal (IPART) has released its Draft Report for the Review of the Local Government Rating System. The Draft Report explains IPART’s analysis, and lists its draft recommendations and findings.  Draft recommendations include:

 

·    Providing councils with the option to use the market value of the property (a ‘Capital Improved Value’ method) or the current ‘Unimproved Land Value’ method when setting rates.

·    Allowing councils’ total rates income to grow as the communities they serve grow from new developments.

·    Providing more options for councils to set residential rates to better reflect local community preferences.

·    Replacing the current pensioner concession scheme with a rate deferral scheme operated by the State Government.

·    Modifying rate exemptions so eligibility is based on land use rather than ownership.

·    Allowing councils to levy a new type of special rate, that would not require regulatory approval, to fund joint infrastructure projects with the State or Federal Government.

·    Creating two new rating categories for environmental and vacant land.

·    Giving councils better options to set rates within the business and farmland rating categories.

·    Allowing councils to choose between purchasing valuation services directly from the market or from the NSW Valuer General.

·    Abolishing the ability for councils to set a minimum rate.

 

This last point is the greatest concern for Cabonne as previous modelling has demonstrated that in the village areas of Council the variations in property values can seriously impact the ability to levy a fair rate for the provision of services.

 

IPART will present a final report to the Minister for Local Government in December 2016.

 

Documents related to the review are available on IPART’s website:

http://www.ipart.nsw.gov.au/Home/Industries/Local_Govt/Reviews/Review_of_Local_Government_Rating_System

 

 

Stakeholders have been invited to lodge a submission to the draft report by Friday 14 October 2016.  Prior to this a public forum will be conducted in Dubbo which the Acting General Manager and Acting Director of Finance & Corporate Services are attending.

 

Councillors are requested to provide any feedback to be included in council’s submission to the Acting Director of Finance & Corporate Services.

 

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 27 - REQUESTS FOR DONATIONS

REPORT IN BRIEF

 

Reason For Report

For Council to consider a request for a donation recieved from the Manildra and District Improvement Association.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.4.1.c - Provide assistance to community groups

Annexures

1.  MADIA - Request for Sponsorship towards Manildra Christmas Party 2016    

File Number

\OFFICIAL RECORDS LIBRARY\COMMUNITY RELATIONS\SPONSORSHIP - DONATIONS\SPONSORSHIP - DONATIONS - 2016 - 781678

 

 

Recommendation

 

THAT Council donate $250 to the Manildra and District Improvement Association to assist them in providing a Christmas Fireworks display.

 

Community Services Manager's REPORT

 

The Manildra and District Improvement Association (MADIA) will be holding the Annual Manildra Christmas Party on Wednesday 14 December 2016.

 

This event brings the local community together for friendship and fun with activities including old fashioned games and races for the children, and afterwards everyone is encouraged to join in singing Christmas carols. The Manildra Lions Club will be providing a BBQ for the event.

 

The evening will conclude with a fantastic fireworks display which will cost over $5,000.

 

MADIA have invited Council to join with other sponsors in funding the fireworks display.

 

In 2015 Council contributed $200 to this event.

 

This is a worthwhile project and brings the people of Manildra together.  A $250 donation would be of considerable help to the committee in putting on their fireworks display.

 

Should Council wish to make a donation there remains $7,090 out of a budget of $8,390 for donations. The following donations have been made this financial year.

 

$300          Cumnock Progress Association Website

$500          Cudal Public School P&C robotics program

$500          Nashdale Public School P&C to match grant (if successful)

 

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 is included in Council’s Operational Plan 4.4.1.c Provide assistance to community groups.

 

ITEM 28 - STATECOVER AND STATEWIDE INCENTIVE PAYMENTS 2016/2017

REPORT IN BRIEF

 

Reason For Report

StateWide and StateCover provide incentive payments to council for completion of Risk Management Action Plan (RMAP) and the WHS Audit. These incentive payments were used in the last financial year for risk management and safety projects.

Policy Implications

Nil

Budget Implications

Funding to come from incentive payments

IPR Linkage

4.5.5.a - Maintain a Enterprise Risk Management Program covering all relevant Council activities

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\RISK MANAGEMENT\CLAIMS MANAGEMENT\STATEWIDE MUTUAL LIMITED - 780864

 

 

Recommendation

 

THAT: -

 

1.   The StateWide Mutual Ltd and the StateCover Mutual Ltd incentive payments be utilised for the actions outlined in the Swimming Pool Audit; and

 

2.   Council resolve that the changes are required and warranted to enable the risks identified in the Swimming Pool Audit to be addressed.

 

Risk Management Coordinator's REPORT

 

In 2015/16, Council engaged a consultant to Audit the S355 Committee controlled swimming pools. The recommendations arising from the Audit will require some funding for their implementation.

 

StateWide Mutual Ltd provide an incentive payment to Council following the verification of the Risk Management Action Plan undertaken by Council as a component of the Continuous Improvement Program sponsored by the insurer. This amount is in the order of $42,000.

 

StateCover Mutual Ltd, the worker’s compensation insurer, also provide a WHS incentive payment for the successful completion (and verification) of the StateCover WHS Audit. This incentive payment is in the order of $25,000.

 

Given that Council will receive this funding, totalling approximately $67,000, with the intent of it being used to improve risk management and WHS, it is proposed to use this funding to undertake the implementation of the recommendations to the S355 Committee Swimming Pools Audit and other as yet identified risk management issues where funding is currently limited or nil.

 

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. 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 Council considered the expenditure is required and warranted.

 

ITEM 29 - REVOTED EXPENDITURE FROM THE 2015/2016 BUDGET YEAR TO 2016/2017 BUDGET

REPORT IN BRIEF

 

Reason For Report

To seek Council's approval for additional revoted expenditure from the 2015/2016 year to the 2016/2017 year

Policy Implications

No

Budget Implications

Yes

IPR Linkage

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

Annexures

1.  Revotes    

File Number

\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\BUDGETING\CABONNE COUNCIL ANNUAL BUDGET - 773719

 

 

Recommendation

 

THAT Council: -

 

1.   Revote funds as per the attached list of variations; and

 

2.   Resolve that the funds are required and warranted to enable the completion of the projects listed as revotes from the 2015/16 year to be completed in the 2016/17 budget.

 

Senior Accounting Officer's REPORT

 

Additional projects have been identified as incomplete in the 2015/16 budget and it has been requested that these items be revoted into the 2016/17 budget.

 

A list of those projects are attached, all projects have been funded either by reserve or by other income.  Where projects were originally funded by the budget, that amount has been placed into a holding reserve which will be costed against the 2015/16 budget.

 

Weather conditions played an important part in some of the road works being deferred from 2015/16 to the current year’s budget.

 

Please note that guidelines have been issued under Section 23A of the Local Government Act titled “Council decision making during merger proposal periods”.  Council must consider the guidelines in relation to each decision they make during the proposal period. These funds had previously been committed by Council but were not fully expended in the 2015/16 year and are being revoted to enable the projects to be finalised.

 

 

ITEM 30 - COMMUNITY ASSISTANCE PROGRAM APPLICATIONS

REPORT IN BRIEF

 

Reason For Report

To determine which community groups will receive funding under Council's Community Assistance Program 2016/2017

Policy Implications

Nil

Budget Implications

Yes - Council has a CAP budget alocation of $63,079 for the 2016/17 financial year.

IPR Linkage

4.3.1.a - Operate Community Assistance Program (CAP)

Annexures

1.  Community Assistance Program.    

File Number

\OFFICIAL RECORDS LIBRARY\GRANTS AND SUBSIDIES\PROGRAMS\COMMUNITY ASSISTANCE PROGRAM 2016-2017 - 778908

 

 

Recommendation

 

THAT Council:

 

1.   Approve Community Assistance Program funding for Applications 1-13;

2.   Approve Community Assistance Program funding for Application 14 subject to:

(a) Development Approval being granted for the proposed structure;

(b) Owner’s consent being obtained from Crown Lands; and

(c)  Consent being obtained from the Wellington Valley Wiradjuri People.

3.   Approve Community Assistance Program funding for Application 15 subject to:

(a) Modification of an existing 2010 Development Approval being granted; and

(b)  That no work commence until a Plan of Management is prepared for the Molong Village Green.

 

Acting Economic Development Manager's REPORT

 

Council allocated $63,079 in its current budget for the 2016/17 Community Assistance Program (CAP). 

 

Not-for-profit community groups were invited to apply for community-related projects on non-commercial facilities which provide ongoing or sustainable benefit to the Cabonne communities. Grants are allocated on a 50:50 basis, but communities can provide their half of the funding through voluntary labour or in-kind contributions.

 

The following 17 applications were received for projects totaling $113,119.65:

 

 

Town

Applicant

Project

Funds Sought

1

Eugowra

EPPA

Install air conditioning in  Eugowra Rural Transaction Centre Sportsground

$1,145

2

Eugowra

Eugowra Historical Museum and Bushranger Centre

Paint newly-lined shed

$907.50

3

Eugowra

Eugowra War Memorial Swimming Pool

Upgrade existing kitchen

$1,919.81

4

Baldry

Trustees of Baldry Racecourse

Replace 1.6km of boundary fence line

$13,130

5

Cumnock

Cumnock Progress Association

Upgrade Cumnock Showground toilet block

$10,000

6

Cumnock

Cumnock Pony Club

Refurbish kiosk

$2,780

7

Cumnock

Cumnock CWA

Refurbish CWA rooms

$5,480

8

Yeoval

Mulga Bill Festival Inc

Relocate Banjo Paterson hat sculpture to Banjo Paterson Bush Park, Yeoval

$1,615

9

Lake Canobolas

Pinnacle Dragon Abreast

Install pontoon at Lake Canobolas

$3,026.52

10

Manildra

Manildra & District Improvement Association

New computer and software for Manildra Matters community newspaper

$7,395

11

Cudal

Cudal Community Children’s Centre

Establish Green House Learning Centre

$2,000

12

Canowindra

St Edward’s P&C Society

Install new playground equipment

$5,000

13

Molong

Molong Rotary Club

Beautify Molong “Christmas tree”

$5,000

14

Molong

Molong Advancement Group

Construct shade shelter over picnic table at Molong Recreation Ground

$1,840

15

Molong

Molong Advancement Group

Install concrete floor in village green gazebo

$1,880.82

16

Yeoval

Yeoval Men’s Shed

Install floor in Yeoval Men’s Shed

$10,000

17

Canowindra

Central West Team Penning

Erect roof over cattle yards at Canowindra Showground

$40,000

 

 

 

Total

$113,119.65

 

It should be noted that Application No. 16 falls outside the CAP guidelines because Council has a separate policy governing men’s shed funding. Because of the large sum requested, Application No. 17 was assessed to be outside the spirit of the program.

 

Application No. 14 would require Development Approval for the proposed structure, as well as consent from the Crown Lands (as the owner of the reserve) and the Wellington Valley Wiradjuri People, who have a native title claim on the land.

 

Application No. 15 would require a modification to an existing Development Approval, granted in 2010, for the existing rotunda in the Molong Village Green, which incorporated a crushed granite floor surface. The modification would need to be publicly notified and a report provided to Council for its determination.

 

There is a further issue relating to a Plan of Management for the Village Green. Until council prepares a Plan of Management for the land, no further community generated development can be considered for the land.

 

Any allocation of CAP funding for Applications No.14 and No. 15 would have to reflect the above planning requirements and no work would be permitted until all of these requirements were met.

 

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

 

 

ITEM 31 - EVENTS ASSISTANCE PROGRAM 2016/2017

REPORT IN BRIEF

 

Reason For Report

For Council to consider the application for funding under the 2016/2017 Events Assistance Program

Policy Implications

Nil

Budget Implications

Funded under the Events Assistance Program 2016/2017

IPR Linkage

4.4.1.c - Provide assistance to community groups

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GRANTS AND SUBSIDIES\PROGRAMS\EVENTS ASSISTANCE PROGRAM 2016 - 2017 - 778990

 

 

Recommendation

 

THAT Council approve funding for the following applications under the 2016/2017 Events Assistance Program: -

 

1.  Canowindra Baroquefest – level of funding $2,000;

2.  Taste Orange @Barangaroo – level of funding $500; and

3.  Mulga Bill Pioneers Camp Cooking Experience – level of funding $500.

 

Acting Economic Development Manager's REPORT

 

Council has received the following applications under the Events Assistance Program 2016/2017

 

Application 1.

 

Organisation:                       Canowindra Fine Music Inc

Event:                                    Canowindra Baroquefest

Date:                                     14 -16 October 2016

Requested Amount:            $5,337

To be funded:                               A contribution towards the marketing and advertising of this event

Event Description:                        Following initial success in 2015, Baroquefest is planned to be an annual fine music event held each October. The event attracts noted musicians from around the nation and contributes to the education of school students by promoting awareness of art and music. The program offers day and evening concerts, classical buskers, interactive activities, VIP events, dinners and art.

 

Cabonne Council will be provided with the following opportunities and benefits

as part of this event.

 

·    Cabonne Council’s profile will be raised due to media and advertising

·    Exposure to a crowd of 2,000 people

·    Increased visitor spend in the area

 

The application meets the grant criteria of a Category Core event under Events Assistance Program. As the Canowindra Baroquefest first took place in 2015 it now is an established event on the Cabonne events calendar. The program guidelines state a Category Core event provides up to a max $2,000 aimed to grow visitation. 

 

Application 2.

 

Organisation:                       Brand Orange

Event:                                    Taste@ Barangaroo

Date:                                     22 November 2016

Requested Amount:            $5,000

To be funded:                               A contribution towards the marketing and advertising of this developing event

Event Description:               The inaugural Taste Orange wine and food to be held at Barangaroo reserve in Sydney aims to showcase the region to a wider community and raise the profile of the area and Cabonne producers. This one-day event will build upon and engage new audiences to attract increased visitation and spend in the area. This event provides another marketing opportunity to reinforce the food and wine region message and increase the development of the Cabonne and Orange region.

 

Cabonne Council will be provided with the following opportunities and benefits

as part of sponsoring this event.

 

·    Increased visitation to the region which results in increased accommodation

·    demand and spend

·    Exposure to a crowd of 5,000 people

·    Cabonne’s logo placed on all marketing products and media advertising

·    Increased regional exposure to a wider audience

 

The application meets the event funding category of a developing event as this is the first year it will be held. EAP guidelines state developing events are to receive funding up to a maximum of $500 per event, with Council to allocate no more than $2,000 in total to developing events during one year.

 

Application 3.

 

Organisation:                       Mulga Bill Festival Inc.

Event:                                    Mulga Bill Pioneers Camp Cooking Experience

Date:                                     25-26 February 2017

Requested Amount:            $1730

To be funded:                               A contribution towards the marketing and advertising of this event

Event Description:                        The Mulga Bill Pioneers Camp Cooking Experience will be held in Banjo Paterson Bush Park at Yeoval as part of next year’s Banjo Paterson Australian Poetry Festival held around Orange. It will involve an afternoon cook-off using camp oven principles featuring the Yeoval Pre-school Camp Oven Stew. There will also be bush musical entertainment, bush poetry and a fashion parade over the weekend. The event will incorporate a number of community organisations, including Yeoval and District Progress Association, Yeoval Fishing Club, Yeoval Pre-school Inc, Yeoval PA&H Society and St Columbas Catholic School.

 

Organisers hope the event will attract about 1,000 visitors and provide a much-needed economic benefit to the village.

 

The objective is for the event to become part of annual festival in Yeoval, celebrating the fact that Banjo Paterson spent his early years in the village.

 

Cabonne Council will be provided with the following opportunities and benefits

as part of this event.

 

·    Cabonne Council’s profile will be raised due to media and advertising

·    Exposure to a crowd of 1,000 people

·    Increased visitor spend in the area

 

The application meets the event funding category of a developing event as this is the first year it will be held. EAP guidelines state developing events are to receive funding up to a maximum of $500 per event, with Council to allocate no more than $2,000 in total to developing events during one year.

 

EAP Funding Allocation 2016/2017

$50,900

EAP Expenditure to Date 2016/2017

 

26 July Orange Wine Festival 14 – 30 October 2016

$5,000

23 Aug Canowindra Balloon Challenge 2017

$20,000

23 Aug Canowindra Airing of the Quilts 1 – 3 October 2016    

$3,000

23 Aug Cycling NSW Masters Road Cycling Championship 2017

$5,000

Total Expenditure

$33,000

Remaining Funds

$17,900

 

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

 

ITEM 32 - MONTANA PARK SIGN

REPORT IN BRIEF

 

Reason For Report

For council to approve the funds for a sign for Montana Park Manildra

Policy Implications

Nil

Budget Implications

$3,500 from Capital Work Reserve

IPR Linkage

3.3.3.c - Maintain parks and gardens to safe operational standards

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\RECREATION AND CULTURAL SERVICES\SERVICE PROVISION\SKATEBOARD PARK MANILDRA - 782030

 

 

Recommendation

 

THAT Council: -

 

1.   Approve the installation of a Montana Park sign at an estimated cost of $3,500 to be funded from Capital Reserves; and

 

2.   Resolve that the expenditure is required and warranted to fulfil a prior commitment by Council.

 

Acting Director of Engineering & Technical Services' REPORT

Council has received a letter from the Manildra Skate Park committee for a sign to be erected at Montana Park Manildra.

Councillors may recall a report going to council on 19 February 2013 for the un-named Manildra Skate Park to be officially named Montana Park after a young local girl who was tragically killed in a car accident on the outskirts of Manildra.  The name “Montana Park” was gazetted on 30 August 2013.

At that time, the family requested that erection of the sign be deferred.  The family have now requested for council to erect the sign. They have requested that the sign be similar to the signs on entrance into towns but replacing the food basket with a butterfly/butterflies as this is the symbol the family and the Manildra Community associate with Montana. 

Council has received a quote for the sign to be made, and request that council approve the amount of $3,500 to come from Capital Works Reserve.

Please note that guidelines have been issued under Section 23A of the Local Government Act titled “Council decision making during merger proposal periods”.  Council must consider the guidelines in relation to each decision they make during the proposal period. 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 council considered the expenditure is required and warranted.

 

ITEM 33 - DEVELOPMENT APPLICATION 2012/0159 FOR RETAIL OF FURNITURE AND MACHINERY AT LOT 2 DP 842863 BEING 39 TILGA STREET, CANOWINDRA

REPORT IN BRIEF

 

Reason For Report

To obtain council's determination of the recommended refusal of the development application

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

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

Annexures

Nil   

File Number

\Development Applications\DEVELOPMENT APPLICATION\2012\03-2012-0159 - 782494

 

 

Recommendation

 

THAT Development Application 2012/0159 for retail of furniture and machinery at Lot 2 DP 842863 being land known as 39 Tilga Street, Canowindra be refused as insufficient information has been provided to adequately assess the application and the current land owners consent has not been provided in support of the application.

 

Director of Environmental Services' REPORT

 

ADVISORY NOTES

Record of voting

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

 

Political Disclosures

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

 

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

 

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

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

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

 

Nil planning application disclosures have been received. 

Nil public submission disclosures have been received. 

 

 

SUMMARY

 

A development application was lodged in April 2012 to convert a former service station to display and sales of furniture and machinery. Additional information was requested of the applicant to enable an adequate assessment of the proposal. The requested information was not provided.

 

In the intervening time the property has been sold and the current owners consent to the lodgment of the development application has not been supplied.

 

Council’s correspondence to the proponent in July 2016 requested the applicant to withdraw the application. No response has been received subsequent to the issuing of that correspondence.

 

As council is unable to proceed with the assessment of the application it is recommended that the application be refused.

 

Applicant: John Burns

Owner:      2012 – KM Austin

2016 – N Flanders

Proposal:  Retail display of furniture and machinery

Location:   Lot 2 DP 842863 being 39 Tilga Street, Canowindra known locally as Sheps Corner.

Zone:         2012 – 2(v) Village CLEP 1991

                   2016 -  B2 Local Centre CLEP 2012 

 

THE PROPOSAL

It was proposed to operate a retail furniture and machinery business from the site with outdoor display areas. The premises would operate two days per week. A security fence had been constructed around the boundary of the site.

 

MATTERS FOR CONSIDERATION

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

 

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

 

Cabonne Local Environmental Plan 1991 (Amended)

The subject land was zoned 2(v) Village or Urban by the Cabonne Local Environmental Plan 1991 at the time of lodgment of the DA. The development was permissible within the zone, subject to Council’s development consent.

 

Objectives of the 2(v) zone

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

 

REGIONAL ENVIRONMENTAL PLANS

 

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

 

STATE ENVIRONMENTAL PLANNING POLICIES

 

SEPP 55 – Remediation of land applies to the site as the property was formerly a service station. No information was provided as to the contamination / remediation of the site.

 

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

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

 

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

 

No Development Control Plans apply to this land.

 

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

 

Insufficient information was provided to assess the impact of the development

 

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

 

Physical Attributes and Hazards

The site is a former service station. No information was provided to address site contamination.

 

DEVELOPMENT CONTRIBUTIONS

 

No contributions apply to the development.

 

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

 

The proposed development was deemed to be advertised development. The proposal was not advertised or neighbourhood notified as the applicant did not pay the required fee at time of lodgment of the DA and did not respond to requests to provide additional development information and pay the prescribed advertising fee.

 

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

An adequate assessment of the proposed development in accordance with section 79C of the Environmental Planning & Assessment Act 1979 was not able to be undertaken due to lack of information contained within the DA. The subject land has since been sold and the current owners consent has not been provided to support the application.

 

It is recommended that council refuse the application as it is unable to determine the application due to lack of detail provided with the application and the subsequent change of property ownership.

 

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 have been considered and the determination is not contrary to the guidelines. 

 

ITEM 34 - DEVELOPMENT APPLICATION 2017/6 FOR THREE (3) LOT SUBDIVISION AND DWELLING UPON LOT 10 SECTION C DP 32548 LAND ALSO KNOWN AS 32 WADDELL ST, CANOWINDRA

REPORT IN BRIEF

 

Reason For Report

For determination as seeks variation of Council policy

Policy Implications

Building Alignment Policy

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.  2017/6 Draft Conditions of Consent    

File Number

\Development Applications\DEVELOPMENT APPLICATION\2017\03-2017-0006 - 781783

 

 

Recommendation

 

THAT Council:

 

1.   Approve Development Application 2017/6 for three (3) Lot subdivision of Lot 10 Section C DP 32548 and erection of a new dwelling upon proposed Lot 3 subject to the attached draft conditions of consent; and

 

2.   Vary the building alignment policy for a new dwelling upon proposed lot 3 in subdivision of lot 10 Section C DP 32548 to permit a setback from the front building alignment of 5.6m.

 

 

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. 

 

 

The following report provides an assessment of the development application 2017/6 submitted for three (3) lot subdivision of Lot 10 Section C DP 32548, land also known as 32 Waddell St, Canowindra and erection of a new dwelling upon proposed lot 3.

 

The application has been referred to the Council for determination as the proponent seeks a variation to Council’s Building Alignment Policy. 

 

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

 

Applicant:          Anthony Daintith Town Planning

Owner:               N Links-Fisher & DR Johnson

Proposal:           Three (3) lot subdivision and erection of dwelling

Location:            Lot 10 Section C DP 32548, 32 Waddell St, Canowindra

Zone:                  R1 General Residential

 

Section 23A of the Local Government Act ‘Council decision making 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 support is not contrary to the guidelines.

 

The PROPOSAL

Council approval is sought to subdivide Lot 10 Section C DP 32548, 32 Waddell St, Canowindra into three (3) separate allotments and construct a new dwelling upon proposed lot 3.

 

Existing Lot 10 has a total area of 1579m2 and contains an existing brick dwelling and matching car garage. It is proposed to create three rectangular lots of equal area.  Proposed lots 1, 2 & 3 will each have a total area of 525m2.

 

The application includes demolition of the existing brick car garage and rainwater tank. The existing dwelling is to be retained on lot 1 and there are no proposed changes to this dwelling.

 

The application also includes construction of a new dwelling and attached car garage to be constructed upon proposed lot 3. The proposed dwelling comprises 3 bedrooms, two bathrooms, laundry and combined kitchen/living/dining area. There is an area allocated for private open space, alfresco dining area and front garden. The proposed dwelling is setback 1m from the rear boundary and 5.6m from the front boundary (Flanagan Street). Council’s building alignment policy states new dwellings within the residential zones must be setback 8m from the front boundary. This may be varied by a resolution of Council. It is noted there are no dwellings either side of proposed Lot 3 with which to take an average building alignment.

 

Newly created Lots 1, 2 & 3 are to be connected to reticulated sewer and Central Tablelands Water (note that the existing dwelling is already connected to local services).

 

The application is for DA only.

 

Lot

Area

 

1

525m2

Existing Dwelling

2

525m2

Existing car garage to be demolished

3

525m2

Vacant – proposed dwelling

 

 

The SITE

 

 

MATTERS FOR CONSIDERATION

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

 

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

 

Clause 1.2  Aims of the Plan

The broad aims of the LEP are as follows:

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

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

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

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

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

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

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

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

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

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

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

 

The proposed development is in accordance with aims of the plan and in particular it encourages a range of housing type and density by offering smaller residential allotments.

 

Clause 1.9A Suspension of covenants, agreements and instruments

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

·    Covenants imposed or required by council

·    Prescribed instruments under s183A of Crown Lands Act 1989

·    Any conservation agreement under National Parks and Wildlife Act 1974

·    Any trust agreement under the Nature Conservation Trust Act 2003

·    Any property vegetation plan under the Native Vegetation Act 2003

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

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

 

      Mapping

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

 

          Land zoning map

Land zoned R1 General Residential

Lot size map

Minimum lot size 500m2

Heritage map

Not a heritage item or conservation area

Terrestrial Biodiversity Map

No biodiversity sensitivity on the subject land

Flood planning map

Not within a flood zone

Natural resource – karst map

Not within a karst area

Drinking water catchment map

Not within a drinking water catchment area

Riparian land and watercourse map, groundwater vulnerability map

Groundwater vulnerable

Land reservation acquisition map

 

 

      These matters are addressed in the report following.

 

Cabonne Local Environmental Plan 2012

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

 

Objectives of the R1 General Residential zone

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

 

• To provide for the housing needs of the community.

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

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

 

Part 4 – Principal development Standards

Clause 4.1 Minimum subdivision lot size

(1)  The objectives of this clause are as follows:

(a)  to prevent the fragmentation and isolation of rural land,

(b)  to ensure development is undertaken on appropriately sized parcels of land and responds to any topographic, physical or environmental constraints,

(c)  to protect drinking water catchments from over-development that may impact on water quality and quantity in the catchment and drinking water systems,

(d)  to ensure that subdivision patterns and lot sizes result in a practical and efficient layout.

(2)  This clause applies to a subdivision of any land shown on the Lot Size Map that requires development consent and that is carried out after the commencement of this Plan.

(3)  The size of any lot resulting from a subdivision of land to which this clause applies is not to be less than the minimum size shown on the Lot Size Map in relation to that land.

 

The minimum lot size identified for the R1 zone is 500m2.  Each proposed lot has a total area of 525m2 which meets the minimum lot size requirements under cl 4.1.

 

Part 5 – Miscellaneous provisions

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

 

Part 6 – Additional local provisions

Clause 6.8 Essential services

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

a.   The supply of water

b.   The supply of electricity

c.   The disposal and management of sewerage

d.   Stormwater drainage, &

e.   Suitable vehicle access.

 

REGIONAL ENVIRONMENTAL PLANS

 

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

 

STATE ENVIRONMENTAL PLANNING POLICIES

 

No SEPPs apply to this development.

 

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

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

 

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

 

No Development Control Plans apply to this land.

 

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

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

 

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

 

Context & Setting

The site is located at the corner of Ryall Street and Flanagan Street in Canowindra. Surrounding land use is primarily residential development. The proposed grid pattern subdivision is considered to be consistent with other subdivision patterns in the surrounding area. It is noted the proposed lots sizes are substantially smaller than other lots in Waddell St and Flanagan St, the majority of which are 1,000m2 or greater. While the subdivision meets the minimum lot size, Council should consider the small area of the proposed lots being less than the traditional allotment size in the area.

 

Site Design and Internal Design

The proposed subdivision is expected to increase residential density in the area by the creation of 2 additional residential lots. This approval includes a dwelling and attached garage upon proposed lot 3. It is noted the dwelling upon proposed lot 3 will front Flanagan Street however the vehicle access and off-street parking is provided via the lane at the rear of the lot.

 

The proposed site design and layout is considered to be satisfactory and further development of the site (residential) would be consistent with zone objectives. Adequate arrangements can be made for services and utilities including sewer and water. The proposal is considered to be satisfactory in terms of site design & internal design.

 

Access & traffic

Upon inspection of the site by Council’s Development Engineer it was noted the access for proposed Lot 1 will be utilising the existing access for the existing dwelling off Waddell Street which is constructed of a concrete layback and does not require any further upgrading. Access to proposed Lot 2 is via an existing access off Flanagan Street however, the access will be required to be upgraded to meet Council’s current specification for private access. Access to proposed Lot 3 is via access directly off the lane east of the proposed dwelling. This access is shown on the site plan with a minimum set back of 5.2m to the garage door. The fence of the eastern boundary will need to constructed in a matter that provides maximum sight distance in the laneway and this will be dealt with at the same time the construction of the access is undertaken.

 

Utilities

The existing dwelling upon proposed Lot 1 is already connected to utilities including electricity, water services and sewer. The provision of these services to proposed lots 2 & 3 is a prerequisite of a subdivision certificate.

 

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

 

Physical Attributes and Hazards

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

 

DEVELOPMENT CONTRIBUTIONS

 

No contributions apply to the development.

 

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

 

The proposed development was neighbourhood notified.  No submissions were received by the close of the exhibition phase (29 July 2016).

 

PUBLIC INTEREST s79C(1)(e)

 

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

 

CONCLUSION

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

 

Section 23A of the Local Government Act ‘Council decision making 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 support is not contrary to the guidelines.

 

 

ITEM 35 - DEVELOPMENT APPLICATION 2016/153 GREENHOUSES AND PACKING SHED UPON LOT 496 DP 1095508 LAND ALSO KNOWN AS 621 CANOBOLAS RD, CANOBOLAS

REPORT IN BRIEF

 

Reason For Report

For determination as objections were received

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.  2016/153 Draft Conditions of Consent

2.  Site Plan

3.  Elevations Greenhouses

4.  Elevations Packing Shed

5.  Packing Shed Floor Plan - 1

6.  Packing Shed Floor Plan - 2    

File Number

\Development Applications\DEVELOPMENT APPLICATION\2016\03-2016-0153 - 782047

 

 

Recommendation

 

THAT Development Application 2016/153 for horticulture, erection of two (2) greenhouses and packing shed upon Lot 496 DP 1095508, land also known as 621 Canobolas Rd, Canobolas be approved subject to the attached draft conditions of consent.

 

Town Planner's REPORT

 

ADVISORY NOTES

Record of voting

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

 

Political Disclosures

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

 

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

 

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

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

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

 

Nil planning application disclosures have been received. 

 

Nil public submission disclosures have been received. 

 

 

SUMMARY

 

The following report provides an assessment of the development application 2016/153 submitted for horticulture, erection of two (2) greenhouses and packing shed upon Lot 496 DP 1095508, being land also known as 621 Canobolas Rd, Canobolas.

 

The application has been referred to the Council for determination as twelve (12) submissions have been received in objection to the development. 

 

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

 

Applicant:          Geolyse

Owner:               Orange Towac Valley Pty Ltd

Proposal:           Horticulture (two greenhouses and packing shed)

Location:            Lot 496 DP 1095508, 621 Canobolas Rd, Canobolas

Zone:                  RU2 Rural Landscape       

 

Section 23A of the Local Government Act ‘Council decision making 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 support is not contrary to the guidelines.

 

The PROPOSAL

 

Council approval is sought to erect two greenhouses and a packing shed for growing and distributing hydroponic produce Asian vegetables. (Refer to attached plans).

 

The proposed greenhouses have dimensions 76m (l) × 68 (w) × 8.6m (h) and are to be constructed from steel frame and clad with plastic film material. The greenhouses have internal gutters to redirect water for capture and reuse. The greehouses would be offset from the adjacent property boundary by 10m and would be separated by 10m.

 

The proposed packing shed has dimensions 43.5m (l) × 20m (w) × 8.6m (h) and external construction materials are colorbond wall and roof sheeting. Inside the packing shed comprises a cool room, pallet storage area and staff office/lunchroom and mezzanine floor. There will also be a 100 000L corrugated steel tank fitted to the shed.

 

The proposal also includes an internal driveway which connects to Canobolas Road and staff car parking area (24 spaces) stormwater basin, onsite septic system and tanks related to the horticultural operations in the greenhouses.

 

As the site is sloping to the west the applicant proposes earthworks at the site. The maximum amount of cut is 6.6m from the natural surface on the eastern side of the development. The site will also require up to 5.9m fill on the western side of the development in order to level the site for the proposed greenhouses and packing shed. The dam on the northern side of the site will be retained and used for water storage for the hydroponic operations and the smaller dam on the eastern side will be filled in.

 

Operations at the site would be daily, seven days per week throughout a 9 month growing season. The three month off season period would be dedicated to cleaning and crop establishment. Within the two (2) greenhouses approximately 10 -12 staff would be required seven days per week for picking, maintenance and weeding throughout growing season and crop establishment in off-season. Picking would occur 3 – 4 days per week and the remaining days would be used for maintenance and weeding. A further 10 staff would be required in the packing shed up to 3-4 days per week and an additional 3 – 4 staff would be required for administration purposes 5 days per week.  This equate to up to 24 staff on the busiest days noting that not all staff would be required onsite every day. On this basis up to 24 car parking spaces are proposed onsite.

 

Proposed hours of operation are as follows:-

 

·    Picking/greenhouse staff 7am to 4pm Monday to Sunday during winter and 6am to 3pm Monday to Sunday during summer,

·    Packing staff 8am to 5pm Monday to Sunday,

·    Administration staff 8am to 5pm Monday to Friday.

 

BACKGROUND

Lot 496 was created by subdivision for the purposes of agriculture and there is a restriction registered on the lot that prohibits the erection of a dwelling.

 

There is currently a former orchard packing shed, associated storage sheds and tank upon the land. There is also a decommissioned dwelling which is deemed uninhabitable in its current state. It should be noted the abovementioned restriction prohibits occupation of the dwelling. The remainder of the site is cleared grass lands, was former orchard land. It is identified as Class 3 Prime crop and agricultural land as per Department of Primary Industries mapping.

 

 

The SITE

 

MATTERS FOR CONSIDERATION

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

 

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

 

 

Clause 1.2  Aims of the Plan

The broad aims of the LEP are as follows:

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

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

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

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

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

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

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

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

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

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

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

 

Clause 1.9A Suspension of covenants, agreements and instruments

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

·    Covenants imposed or required by council

·    Prescribed instruments under s183A of Crown Lands Act 1989

·    Any conservation agreement under National Parks and Wildlife Act 1974

·    Any trust agreement under the Nature Conservation Trust Act 2003

·    Any property vegetation plan under the Native Vegetation Act 2003

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

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

     

      Mapping

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

     

Land zoning map

Land zoned RU2 Rural Landscape

Lot size map

Minimum lot size 100 Ha

Heritage map

Not a heritage item or conservation area

Terrestrial Biodiversity Map

No biodiversity sensitivity on the subject land

Flood planning map

Not within a flood zone

Natural resource – karst map

Not within a karst area

Drinking water catchment map

Is within a drinking water catchment area

Riparian land and watercourse map, groundwater vulnerability map

Groundwater vulnerable (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 RU2 Rural Landscape by the Cabonne Local Environmental Plan 2012.  Horticulture is permissible within this zone, subject to Council’s development consent.

 

Horticulture means the cultivation of fruits, vegetables, mushrooms, nuts, cut flowers and foliage and nursery products for commercial purposes, but does not include a plant nursery, turf farming or viticulture.

 

Note: Horticulture is a type of intensive plant agriculture under the Cabonne LEP 2012.

 

Objectives of the RU2 Rural Landscape zone

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

 

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

·    To maintain the rural landscape character of the land.

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

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

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

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

 

Part 4 – Principal development Standards

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

 

Part 5 – Miscellaneous provisions

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

 

Part 6 – Additional local provisions

6.4   Groundwater vulnerability

(1)  The objectives of this clause are as follows:

(a)  to maintain the hydrological functions of key groundwater systems,

(b)  to protect vulnerable groundwater resources from depletion and contamination as a result of development.

(2)  This clause applies to land identified as “Groundwater vulnerable” on the Groundwater Vulnerability Map.

(3)  Before determining a development application for development on land to which this clause applies, the consent authority must consider the following:

(a)  the likelihood of groundwater contamination from the development (including from any on-site storage or disposal of solid or liquid waste and chemicals),

(b)  any adverse impacts the development may have on groundwater dependent ecosystems,

(c)  the cumulative impact the development may have on groundwater (including impacts on nearby groundwater extraction for a potable water supply or stock water supply),

(d)  any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development.

 

(4)  Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that:

(a)  the development is designed, sited and will be managed to avoid any significant adverse environmental impact, or

(b)  if that impact cannot be reasonably avoided—the development is designed, sited and will be managed to minimise that impact, or

(c)  if that impact cannot be minimised—the development will be managed to mitigate that impact.

 

The proponent indicates that the development is unlikely to directly interact with groundwater and therefore in not likely to cause groundwater contamination or adversely impact groundwater dependent ecosystems. The proposed development is considered to be consistent with the requirements of clause 6.4 Groundwater vulnerability.

 

6.5 Drinking water catchments

(1)  The objective of this clause is to protect drinking water catchments by minimising the adverse impacts of development on the quality and quantity of water entering drinking water storages.

(2)  This clause applies to land identified as “Drinking water catchment” on the Drinking Water Catchment Map.

(3)  Before determining a development application for development on land to which this clause applies, the consent authority must consider the following:

(a)  whether or not the development is likely to have any adverse impact on the quality and quantity of water entering the drinking water storage, having regard to the following:

(i)  the distance between the development and any waterway that feeds into the drinking water storage,

(ii)  the on-site use, storage and disposal of any chemicals on the land,

(iii)  the treatment, storage and disposal of waste water and solid waste generated or used by the development,

(b)  any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development.

 

(4)  Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that:

(a)  the development is designed, sited and will be managed to avoid any significant adverse impact on water quality and flows, or

(b)  if that impact cannot be reasonably avoided—the development is designed, sited and will be managed to minimise that impact, or

(c)  if that impact cannot be minimised—the development will be managed to mitigate that impact.

 

The proponent has demonstrated a system that has been designed, sited and would be managed to avoid significant adverse impacts to the local drinking water catchment. In consideration of this, it is considered the development complies with the requirements of cl 6.5.

 

Clause 6.8 Essential services

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

a.   The supply of water

b.   The supply of electricity

c.   The disposal and management of sewerage

d.   Stormwater drainage, &

e.   Suitable vehicle access

 

REGIONAL ENVIRONMENTAL PLANS

 

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

 

STATE ENVIRONMENTAL PLANNING POLICIES

 

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

 

State Environmental Planning Policy (Rural Lands) 2008 The Rural Lands SEPP applies to the Cabonne Council area. The SEPP requires Council to consider the existing and approved uses of land in the vicinity of the development and whether or not the development is likely to have a significant impact on predominant or preferred land uses.

 

The surrounding area consists of agricultural land predominantly used for orchards, vineyards and some livestock grazing. The proposal is for establishment of horticulture, which is a type of intensive plant agriculture. This is considered to be consistent with surrounding rural land uses and there will be no negative impact to preferred predominant landuse (agriculture). The proposed development complies with the requirements 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.

 

The proposed development is consistent with the aims and objectives of the DCP.

 

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

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

 

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

 

Siting & location

The proposed greenhouse is to be setback 12.3m from the southern boundary. It is proposed to do excavation works on the southern side and northern side and a retaining/crib wall is to be constructed to stabilize the natural surface either side of the greenhouse buildings. There is also landscaping (vegetation) proposed for the southern boundary of the lot. When established, this will act as a buffer/screen around the development. A condition of consent will apply to ensure that any proposed retaining wall greater than 600mm above ground level is designed by a suitable qualified engineer and subject to the appropriate geotechnical site investigation.

 

Further to this conditions will apply to ensure the earthworks are done in accordance with engineered design and that a full site erosion and sediment control plan is implemented as per guidelines of “Managing Urban Stormwater: Soils and Construction (Landcom 2004)”.

 

All other setbacks are in excess of 100m of the lot boundary.

 

Visual amenity

 

The proposed greenhouses and packing shed are both 8.6 m in height and the buildings are considered to be visually prominent from the road and from neighboring dwellings. The impact in terms of visual amenity has been raised in the submissions received by Council. The plans were then revised to show reduced height of the packing shed to reduce visual impact. This is also considered to be lessened by the proposed excavation of the hill. This is shown on the site elevations submitted to Council. 

 

As per Council Policy, a draft condition of consent will apply that non-reflective construction materials are used for the proposed buildings.

 

While it is considered there will be an adverse impact from the development in terms of visual amenity, the proposed structures are rural in nature and are not unlike the many other orchard related developments in the area ie large packing sheds set in orchard land.

 

Access & traffic

Upon inspection of Lot 496 DP 1095508 it was noted that the existing access on the northern boundary is not the proposed access point. The revised site plan indicates a new access to be constructed on the western boundary. This proposed access point does provide adequate safe sight distance in both directions taking into account the slope of the road (Canobolas Road). The internal access road and carpark will be required to be bitumen sealed to limit any dust arising from traffic movements on the site. All vehicle movements to and from the site will need to be in a forward direction. A vehicle movement plan will need to be development to ensure that all onsite traffic is controlled in a matter that does not affect other users of Canobolas Road.

The submitted and revised plans show a minimum of 24 onsite parking spaces will be provided. I have placed a condition below that a minimum of 24 onsite parking spaces are to be provided and maintained at all times, along with signage that promotes the use of the onsite parking and at no time is any associated vehicles to be parked within the road reserve of Canobolas Road. Given that the largest proposed vehicle accessing the site will be a 19m articulated truck a condition will apply to ensure the proposed access is constructed having a minimum BAL/BAR intersection treatment design for ease of access.

 

 

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

 

Physical Attributes and Hazards

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

 

DEVELOPMENT CONTRIBUTIONS

 

No development contributions apply to the proposed development.

 

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

 

The proposed development was neighbourhood notified.  Twelve (12) submissions were received by the close of the exhibition phase.  Issues raised in the submissions are summarised as follows:-

 

1.   Road safety on a narrow and windy road. Proximity to Canobolas School and school bus route. Increased risk to road users as a result of the increased number of vehicle movements per day.

 

It is proposed to move the access to another location on Canobolas Road. The access was moved to gain maximum site distance for vehicles leaving the site. This is an improvement on the existing access point on Canobolas Road. The proposed new access is required to be constructed to Council standards.

 

In terms of road infrastructure, Canobolas Road which services the site is considered to be adequate for the proposed increased number in traffic per day. There are maximum 48 vehicle movements per day for staff and two heavy vehicle movements per day. It is noted this is an 80km/hr area. The proponent states, in correspondence dated 22 July 2016, that predicted traffic would have low daily impact when compared to the much higher daily volumes for movement of heavy vehicles that would occur on traditional horticulture sites in the locality.

 

Further to this, the site is considered to be an adequate distance from the nearby school (approx. 2.8kms) so that the activities at the greenhouses will not directly impact the school. It is identified that there will be increased traffic past the school, however this can be managed by managing shift changes so that staff enter and leave the site outside school zones times. 

 

2.   Disposal of wastes and chemicals from the operations at the site. Potential for contamination groundwater and pollution. Impact to the natural environment.

 

The EPA regulates the use and disposal of chemicals in NSW and, in terms of chemical use/storage, will be the regulatory authority of the proposed horticultural activities. The legislation which applies to the site includes the Environmentally Hazardous Chemicals Act 1985, Contaminated Land Management Act 1997, Pesticides Act 1999 and Protection of the Environmental Operations Act 1997.

 

Chemicals to be stored onsite would be stored within the packing shed storage room, in accordance with the necessary Australian Standards and Work Cover requirements to mimimise likelihood of spills or contamination. The proponent also advises spill kits would be kept on site.

 

Further to this the proponent has addressed storage of chemicals under State Environmental Planning Policy No 33 – Hazardous and Offensive Development. A review of chemicals used was undertaken and it was determined SEPP 33 guidelines are not exceeded and the proposed development is not considered to be potentially hazardous as per the SEPP. An environmental protection license is not required for the proposed development and suitable controls would be applied to ensure impacts to the environment from chemicals is managed and minimized.

 

3.   Negative social impacts to tourism. Iconic tourist route in the Towac Valley. Impact to popular cycle path known as the ‘Pinnacle Loop’.

 

Due to the local topography and bends in this section of Canobolas Road, the site would only be visible from the western boundary. This boundary is approximately 380m from one end of the property to the other. The site would be visible to tourists in cars and cyclists for a very short period of time whilst passing the site. Also, the greenhouses will be sited higher than the road so it is not going to have any impact to elevated views enjoyed by passing vehicles in this section of the valley. The proposed development is not considered to have any adverse impact to elevated views from the road and would also not adversely impact local tourism.

 

4.   Depletion of groundwater and local aquifers.

 

In the plans submitted to Council, the proponent demonstrates that adequate water is able to be captured and stored onsite to provide for the intensive plant agricultural activities and it is considered there would be no significant impact to local ground water resources and no reduction in recharge of groundwater and drinking water catchments.

 

5.   Potential impacts from stormwater runoff from the site during construction and after the development is established.

 

Management of stormwater has been demonstarted in the plans and SoEE submitted to Council with the application. The applicant proposes to utilize roof water from the greenhouses for re-use in the greenhouses and roof water from the packing shed re-used in the staff amenities. Location of rainwater tanks are shown on the site plans.

 

Surface water would be controlled through earthworks and diversions to channel surface water runoff to the existing dam or the proposed stormwater retention basin in south-west corner of the site. Water from the retention basin would be re-used onsite or controlled discharge off-site.

 

The NSW Department of Water also share concerns regarding separation of clean and dirty water during construction and operation of the site and potential impacts to existing flows paths and adjacent land holders. DPI Water considers this will result in the need for detailed plans for erosion and sediment control and stormwater management prior to commencement of construction. DPI recommends plans including Sediment and Erosion Control Plan and Stormwater Management Plan both be prepared prior to commencement of construction activities and in consultation with DPI Water. These terms of approval have been included in the attached draft conditions of consent. The plans are required to be prepared and approved prior to issue of a construction certificate. It is considered any stormwater and erosion issues will be addressed at this stage in consultation with the relevant government authority (DPI water).

 

6.   Significant adverse impact to visual amenity in terms of neighboring residents.

 

Is it acknowledged that the proposed buildings, including the greenhouses and packing shed, are 8.6m in height and will be visually prominent from the road and neighboring properties. This is made greater by the amphitheater nature of the valley and elevation of dwellings above the development site.

 

To minimise impact to visual amenity the site will be excavated and the structures built into the side of the hill. This will help to reduce the height of buildings and from higher elevated properties. The development will have little impact when viewed from the road.

 

Some landscaping is proposed on the southern side of the site, where the greenhouse will be setback 12.5m from the boundary. This is considered to have some effect in screening the development from the southern side.

 

Due to the intensive nature of horticulture of this scale, and having to imitate an environment in which to grow produce in artificial structures, there will be significant impact to visual amenity from the structures. This is intensified by the topography of the area and size of the lot. Some mitigation measures can be taken to screen the buildings, as listed above, but otherwise it is acknowledged there will be an adverse impact from the development in terms of visual amenity and landscape appreciation. The area however, is already recognized as a horticultural region with many other produce packing sheds and hail netting structures set within the landscape.

 

7.   Loss of value to neighbouring properites

 

Not a matter for consideration under s79C of the EP&A Act 1979.

 

8.   The proposed horticultural business would have little chance of long-term, economic success.

 

Not a matter for consideration under s79C of the EP&A Act 1979.

 

AGENCY CONSULTATION

 

The application is considered Integrated Development pursuant to Section 91 of the EP&A Act 1979. In accordance with Clause 66 of the Environmental Planning and Assessment and Assessment Act 2000 (Regulations), the development was referred to the NSW Office of Water seeking their general terms of approval.

 

NSW Office of water reviewed the SoEE and issued General Terms of Approval for works requiring a controlled activity approval under the Water Management Act 2000.

 

The proponent is required to prepare the following documentation in consultation with DPI Water and submit to Council prior to issue of a Construction Certificate.

-     Sediment and Erosion Control Plan

-     Stormwater Management Plan, and

-     Additional assessment in support of the proposed effluent management system.

Please note the above General Terms of Approval are not the controlled activity approval. The applicant must apply (to DPI Water) for a controlled activity approval after consent has been issued by Council and before the commencement of any work or activity on waterfront land. A Construction Certificate will not be issued over any part of the site requiring a controlled activity approval until a copy of the approval has been provided to Council.

 

PUBLIC INTEREST s79C(1)(e)

 

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

 

CONCLUSION

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

 

Section 23A of the Local Government Act ‘Council decision making 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 support is not contrary to the guidelines.

 

 

ITEM 36 - DEVELOPMENT APPLICATION 2017/17 DUAL OCCUPANCY UPON LOT 7 SECTION B DP 11160, 11 MCLAUGHLAN ST, CUMNOCK

REPORT IN BRIEF

 

Reason For Report

For Determination as objections were received

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.  2017/17 Draft Conditions of Consent    

File Number

\Development Applications\DEVELOPMENT APPLICATION\2017\03-2017-0017 - 782318

 

 

Recommendation

 

THAT Council: -

 

1.   Approve Development Application 2017/17 for a dual occupancy upon Lot 7 Section B DP 11160, land also known as 11 McLaughlin St, Cumnock, subject to the attached draft conditions of consent; and

2.   Vary the building alignment policy for a new dwelling to permit a setback from the front lot boundary of 6m.

 

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 2017/17 submitted for a dual occupancy (two detached dwellings) upon Lot 7 Section B DP 11160 land also known as 11 McLaughlin St, Cumnock.

 

The application has been referred to the Council for determination as four (4) submissions have been received in objection to the proposed development.

 

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

 

Applicant:          Designs at M

Owner:               J Dhatt

Proposal:           Dual Occupancy

Location:            Lot 7 Section B DP 11160

Zone:                  RU5 Village

 

Section 23A of the Local Government Act ‘Council decision making 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 support is not contrary to the guidelines.

 

The PROPOSAL

Council approval is sought for establishment of a dual occupancy upon the subject land. Lot 7 has a total area of 1182m2 and the land is currently vacant and cleared.

 

It is proposed to construct two dwellings on the lot, one in front of the other. Both dwellings have the same floor plan, elevations and external construction materials (colourbond and Hardiegroove smooth cladding). Both dwellings will have an attached car garage.

 

Access to the site is via a shared access and internal driveway on Haig Street (sealed).

 

Site Map

 

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 RU5 Village

Lot size map

Minimum lot size 900m2

Heritage map

Not a heritage item or conservation area

Terrestrial Biodiversity Map

No biodiversity sensitivity on the subject land

Flood planning map

Not within a flood zone

Natural resource – karst map

Not within a karst area

Drinking water catchment map

Not within a drinking water catchment area

Riparian land and watercourse map, groundwater vulnerability map

Groundwater vulnerable

Land reservation acquisition map

 

 

      These matters are addressed in the report following.

 

Cabonne Local Environmental Plan 2012

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

 

Objectives of the RU5 Village zone

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

 

·    To provide for a range of land uses, services and facilities that are associated with a rural village.

·    To encourage and provide opportunities for development and local employment growth.

·    To ensure that development is compatible with surrounding land uses.

 

Part 4 – Principal development Standards

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

 

Part 5 – Miscellaneous provisions

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

 

Part 6 – Additional local provisions

Clause 6.4 Groundwater vulnerability

The subject land is identified as groundwater vulnerable in the Cabonne LEP 2012 mapping. The objectives of clause 6.4 Groundwater Vulnerable are as follows:-

a.   To maintain the hydrological functions of key groundwater systems,

b.   To protect vulnerable groundwater resources from depletion and contamination as a result of development.

 

Subject to the installation of the appropriate sewerage infrastructure for 2 dwellings any potential impact on groundwater is deemed minor. It is also noted residential dwellings do not typically involve the storage or disposal of large quantities of liquid waste or chemicals.

 

Clause 6.8 Essential services

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

a.   The supply of water

b.   The supply of electricity

c.   The disposal and management of sewerage

d.   Stormwater drainage, &

e.   Suitable vehicle access

 

REGIONAL ENVIRONMENTAL PLANS

 

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

 

STATE ENVIRONMENTAL PLANNING POLICIES

 

There are no SEPPs that apply to the proposed development.

 

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

 

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

 

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

 

There are no development control plans that apply to the proposed development.

 

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

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

 

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

 

Siting & location

Proposed dwelling 1 is setback 6m from the front boundary. It is noted the attached car garage is in front of the building line of the dwelling. It should be noted siting the garage in front of the building line is not good urban design, but it has been done to accommodate for another vehicle access for dwelling 2. The impact of this is offset by the addition of a front verandah on the eastern elevation of the dwelling.

 

It should also be noted Council’s Building Alignment Policy states dwellings should be setback 8m from the front boundary. Given there is one other development in Haig St with which to align the building, variation of the policy by 2m is considered acceptable.

 

The proposed dwellings are to be separated by fencing and landscaping is proposed for the southern side of dwelling 1 to provide screening from the neighbouring dwelling to the south. Also, adequate arrangements have been made for private open space for residents of each dwelling.

 

Visual amenity

External construction materials of each proposed dwelling are non-reflective - colorbond roof sheeting and Hardigrove smooth cladding (painted). Also the site is level and development of a single storey dwelling is not likely to impact any views of neighboring residents.

 

Access & traffic

Upon inspection of Lot 7 Section B DP 11160 it was noted that no formal access point is constructed. As shown on the submitted site plan, a formal access will be required to be constructed to the southern end of the eastern boundary. This access will need to comply with Council’s current Provision of Private Access specification. As per the supplied site plan, vehicle turning circles have been shown to indicate that vehicle movements on the site can be achieved. Draft conditions will apply for construction of internal access road and provisions of private access.

 

Utilities

A search of Council records indicates that neither sewer or water are connected to Lot 7 Section B DP 11160. The applicant will be required to connect these essential services to the proposed development keeping in mind that the current LEP zoning does not permit Lot 7 Section B DP 11160 to be further subdivided therefore only a single sewer and water connection is required.

 

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

 

Physical Attributes and Hazards

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

 

DEVELOPMENT CONTRIBUTIONS

 

No contributions apply to the development.

 

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

 

The proposed development was neighbourhood notified.  Four (4) submissions were received by the close of the exhibition. (Monday 5th September 2016).  The submission are addressed as follows:-

 

Submission 1

 

There are sufficient other vacant blocks of ground in Cumnock.

Precedent of development not a planning matter for consideration in this assessment.

The development would not fit in with the rest of the community

The dwellings are not unlike other developments in the town. The proposal is considered to be consistent with the zone objectives of the RU5 village zone.

 

Submission 2

 

There is no need in a small town like Cumnock for high density housing as proposed

A dual occupancy is not defined as medium density development as per Council’s policy (3 or more). As such the proposal is not considered to be high density as described in the objection.

Is not in keeping with a small community like Cumnock

Contrary to this objection, unit type developments are growing in popularity for affordable housing and independent seniors living close to CBDs.

 

Submission 3

 

Dual occupancy on small residential blocks could evolve to neighbourly disharmony. Disputes in confined space.

There is adequate private open space proposed on the plans submitted to Council. This will be enclose with fencing and landscaping for privacy. Adequate arrangement can be made for privacy of residents of the units.

Single dwelling occupancy would provide more privacy

Not a matter for consideration is this assessment.

 

Submission 4

 

There are ample vacant blocks in Cumnock and there is no need for crowding homes onto building blocks.

See abovementioned comments.

This type of development does not suit the community of Cumnock.

See abovementioned comments.

Will the recently installed sewerage system handle twice as many services.

The sewerage system was designed to accommodate development of the vacant blocks in Haig Street. The developer is required to pay Council’s sewerage headworks levy for the additional infrastructure.

 

PUBLIC INTEREST s79C(1)(e)

 

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

 

CONCLUSION

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

 

Section 23A of the Local Government Act ‘Council decision making 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 support is not contrary to the guidelines.

 

 

ITEM 37 - MODIFICATION OF DEVELOPMENT APPLICATION 2016/0024 - ANIMAL BOARDING AND TRAINING ESTABLISHMENT (GREYHOUNDS) - LOT 2 DP 773981, 1321 PEABODY ROAD, MOLONG

REPORT IN BRIEF

 

Reason For Report

To obtain council's determination to vary conditions of development consent

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

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

Annexures

Nil   

File Number

\Development Applications\DEVELOPMENT APPLICATION\2016\03-2016-0024 - 781516

 

 

Recommendation

 

THAT council determine the applicant’s request to vary conditions 6, 7, 10, 13 and 15 of the development consent (DA 2016/0024) for an animal boarding and training establishment (greyhounds) located upon Lot 2 in DP 773981, being 1321 Peabody Road, Molong.

 

Director of Environmental Services' REPORT

 

Council at its meeting held on 26 April 2016 granted conditional approval to the establishment of a greyhound boarding and training establishment upon Lot 2 in DP 773981, being land known as 1321 Peabody Road, Molong. The development consent included 22 conditions of development consent. Several of the conditions of development consent required certain work or actions to be undertaken within specific time frames.

 

The proponent has submitted an application to modify the time frame for compliance with the conditions of consent, requesting instead of the variously applied 3 months, 6 months and 12 month time frames, that due to the current impact of the NSW State Governments greyhound industry review council consider permitting a 15 (fifteen) month timeframe for compliance with the relevant conditions.

 

The proponent requests council amend each of the relevant conditions of consent to provide for a revised compliance time frame of July 2017.

 

The development consent specifies the following requirements of the development:

 

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.

 

(This condition has been completed.)

 

6.      LANDSCAPING PLANS/SITE TREATMENT

 

Objective

 

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

 

Performance

 

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.

 

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.

 

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.

 

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 to 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.

 

Discussion

 

The conditions of consent with time frames were imposed to ensure adequate environmental management of the development. In summary the conditions were to be addressed within the following timeframe:

 

Condition

Requirement

Time frame

2

Building certificates for unauthorized structures

26 October 2012

6

Submit landscape plan

Landscaping to be established

26 July 2016

26 October 2016

7

Application lodged for onsite wastewater management system

26 July 2016

10

Noise impact assessment submitted

26 October 2016

13

Submission of Emergency Response Plan

26 April 2017

15

Submit copy of bore license and evidence of an adequate water supply

26 July 2016

22

RMS  conditions for upgrade of intersection

While not subject to a specific timeframe it is noted that these conditions of consent have not been responded to although the development has proceeded.

 

It is considered that conditions 7 and 10 respond to environmental issues that require prompt action. Likewise, the proponent should be reminded of the obligations to comply with the RMS road safety conditions of development consent.

 

Should council consider reviewing the time frame for compliance with conditions 6, 7, 10 and 13 it is suggested that Condition 7 be amended to enable the proponent to respond within two (2) months, ie 26 November 2016 and that condition 10 be granted an extension of three months (December 2016.

 

The request to vary the conditions of consent is submitted to council for its determination.

 

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 have been considered and the determination is not contrary to the guidelines. 

 

 

ITEM 38 - MODIFICATION OF DEVELOPMENT APPLICATION 2008/177/1 - 89 BRUCE ROAD, ORANGE

REPORT IN BRIEF

 

Reason For Report

To obtain council's development consent to modify an 8 lot rural subdivision proposal.

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.  Modified Conditions of Approval 2008/177 Aboud    

File Number

\Development Applications\DEVELOPMENT APPLICATION\2008\03-2008-0177 - 782458

 

 

Recommendation

 

THAT modification of Development Application 2008/177/1 for an eight (8) lot subdivision of land described as Lots 218 and 219 in DP47258, Lots 5, 6 & 7 in DP 702416, Lots 1 & 2 in DP 114761, Lots 9, 10, 11, 12, 19, 20, 24, 30, 31, 148, 189, 210, 211& 238 in DP 756869, Lot 1 in DP 181139, Lot 4 in DP 114638, Lot 18 in DP 10891443, Lot 1 in DP 1096555 and Lots 1 & 2 in DP 1096882, known as ‘Adair’, 89 Bruce Road, Orange, be granted consent subject to the modified conditions attached.

 

Director of Environmental Services' REPORT

 

ADVISORY NOTES

Record of voting

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

 

Political Disclosures

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

 

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

 

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

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

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

 

Nil planning application disclosures have been received. 

 

Nil public submission disclosures have been received. 

 

 

SUMMARY

 

The following report provides an assessment of the modification application submitted for an eight (8) lot subdivision of land described as Lots 218 and 219 in DP47258, Lots 5, 6 & 7 in DP 702416, Lots 1 & 2 in DP 114761, Lots 9, 10, 11, 12, 19, 20, 24, 30, 31, 148, 189, 210, 211& 238 in DP 756869, Lot 1 in DP 181139, Lot 4 in DP 114638, Lot 18 in DP 10891443, Lot 1 in DP 1096555 and Lots 1 & 2 in DP 1096882, known as ‘Adair’, 89 Bruce Road, Orange.

 

The application has been referred to council for determination as the initial application was determined by its Environmental Services and Sustainability Committee, and as submissions have been received objecting to the modified development proposal.

 

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

 

‘Section 23A of the Local Government Act ‘Council decision making 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 support is not contrary to the guidelines.’

 

Applicant:          David Aboud of Pluteus (No. 81) Pty Ltd,

c/- Peter Basha Planning & Development

Owner:               Pluteus (No. 81) Pty Ltd, trading as Adair Pastoral Holding

Proposal:           Modified subdivision plan – proposed 8 lot subdivision – land fronting Curtin Road and Bruce Road near Orange.

Location:            Lots 218 & 219 in DP47258, Lots 5, 6 & 7 in DP 702416, Lots 1 & 2 DP 114761, Lots 9, 10, 11, 12, 19, 20, 24, 30, 31, 148, 189, 210, 211 & 238 in DP 756869, Lot in DP 181139, Lot 4 in DP 114638, Lot 18 in DP 10891443, Lot 1 in DP 1096555 and Lots 1 & 2 in DP 1096882, being 89 Bruce Road, Orange.

Zone:                  Part 1(a) General Rural & part 7(c) Environmental Protection – Water Catchments (Cabonne Local Environmental Plan 1991)

 

BACKGROUND

 

DA 2008/171 was lodged with council in March 2008 for the 8 lot subdivision of a rural holding and approved by council’s Environmental Services and Sustainability Committee at its meeting held on 3 November 2008. Development Consent was issued on 14 November 2008, and in accordance with the council policy at that time the approval was valid for a two (2) year period.

 

A Construction Certificate for provision of private access to proposed Lot 3 in the eight lot subdivision was issued on 28 September 2010, with the works carried out and inspected. The gazettal of the Environmental Planning & Assessment Amendment (Development Consents) Act 2010 extended the approval for developments consent to the maximum term of five years. The subject consent remained operative and correspondence indicates that physical works had commenced prior to the conclusion of the five (5) year development consent time frame.

 

The development is located approximately 13km to the north west of Orange. It lies west of the Mitchell Highway at the end of Bruce Road and extends westerly to Curtin Road. The majority of the land is within the former 1(a) General Rural zone (Cabonne Local Environmental Plan 1991). An area on the south west corner of the subject land is in the vicinity pf the Borenore Creek Dam, while an area in the south eastern corner of the holding is in the vicinity of the Molong Creek Dam, and these areas were zoned 7(c) Environmental protection under the former planning code.

 

The subdivision as approved sought to establish the following allotments:

 

Lot

Area (ha)

Land use

1

5

Vacant concessional lot

2

5

Vacant concessional lot

3

5

Vacant concessional lot

4

100

Rural allotment

5

100

Rural allotment

6

123.6

Rural allotment

7

100

Rural allotment

8

335.8

Rural land containing ‘Adair’ dwelling, a second cottage and the majority of the existing farm infrastructure

Total area

774.4ha

 

 

 

Access to proposed Lots 1 - 7 was to be provided via an extension of Curtin Road. Proposed Lot 8 was to retain its existing vehicular access off Bruce Road.

 

THE PROPOSAL

It is proposed to amend the proposed subdivision by relocating the three (3) concessional allotments from the south west area of the holding to the north east of the property. Bruce Road is proposed to be extended to provide vehicular access to seven (7) of the proposed allotments. The road extension will require a crossing over Molong Creek immediately downstream of the Molong water supply dam.

 

Proposed Lots 1, 2, 3, 5 and 8 would have direct frontage to the new road while proposed Lot 4 would gain access to the new road via a proposed Right of Carriage Way (ROW) along the eastern boundary of proposed Lot 5.  Proposed Lot 7 would gain access to the new road via a ROW over part of the northern boundary of proposed Lot 5. Access to proposed Lot 6 will be provided from Curtin Road and then via a ROW over the western boundary of Proposed Lot 4. Access to proposed Lot 8 is to be via the existing access arrangements off Bruce Road.

 

The modified development seeks to reduce the developer’s road construction costs by limiting the extension of Curtin Road and Bruce Road and instead establishing two (2) Rights of Carriage Way burdening proposed Lots 4 and 5.

The subdivision as modified seeks to establish the following allotments:

 

Lot

Area (ha)

Land use

1

5

Vacant concessional lot (relocated)

2

7.1

Vacant concessional lot

(relocated and enlarged)

3

5

Vacant concessional lot (relocated)

4

110

Rural allotment (incorporated land previously identified for the location of 3 concessional allotments)

5

100

Rural allotment (unaltered)

6

128.6

Rural allotment (allotment location remains unaltered however area has increased by 5ha)

7

100

Rural allotment (unaltered)

8

318.7

Rural land containing ‘Adair’ dwelling, a second cottage and the majority of the existing farm infrastructure. (Area is 17.1 ha less due to the relocation of the 3 proposed concessional allotments)

Total area

774.4ha

 

 

Proposed modified subdivision plan

 

Site Map

8226198

3856754

 

MATTERS FOR CONSIDERATION

 

In accordance with Section 96(2) of the Environmental Planning and Assessment Act 1979 the proposed modification is of minimal environmental impact and is substantially the same development for which consent was granted.

 

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

 

Cabonne Local Environmental Plan 1991 (Amended)

 

The subject land is zoned part 1(a) General Rural and part 7(c) Environmental Protection – Water Catchments under the provisions of the Cabonne Local Environmental Plan 1991 (being the planning instrument in force at the date upon which the original development application was lodged). Subdivision of land was permissible with consent of council under the provisions of Clause 9 of the Cabonne Local Environmental Plan 1991. The modification application is assessed under the provisions operative at the time of the initial application.

 

Objectives of the 1(a) General Rural Zone

 

The zone objective seeks to “promote the proper management and utilization of resources”. The proposed modification is not inconsistent with the aims of the LEP or the objectives of the 1(a) zone.

 

Objectives of the 7(c) Environmental Protection – Water Catchments zone

 

The objective of the zone is, in part, to “protect and conserve the catchments of the Molong and Borenore Dams so that water quality is maintained and enhanced in order that the water is fit for human consumption”. In addition, the objectives aim to protect agricultural land within the zone by “preventing the unjustified development of prime crop and pasture land for purposes other than agriculture”.

 

While the proposed modification seeks to cluster the location of concessional allotments, the allotments are proposed to be sited between 40 and 100m from Molong Creek, and adjacent farm held in ownership other than that of the developer.

The area containing the modified concessional allotment layout is mapped as Class 3 Prime Agricultural land.

 

The proponent argues that adequate environmental controls can be imposed to manage the future development of these allotments by way of building envelope delineation and on-site waste management systems.

 

Clause 10- General considerations for development within rural zones

 

10 (1) The Council shall not consent to an application to carry out development on land within Zone 1(a), 1(c), or 7(c) unless it has made an assessment, where relevant, of the effect of the carrying out of that development on;

a)   The present and potential use of the land for the purposes of agriculture.

The modified application relocated three (3) proposed concessional allotments to an area of land that is partially separated from the existing property. The relocation of the allotments is unlikely to have an adverse impact upon the agricultural sustainability of the existing development proposal. The relocation of the lots from within the subject land, to the boundary of the holding has potential for land use conflict between the concessional allotment land uses and the operation of adjacent farm land. To some extent council’s adoption of its Right to Farm Policy will support the ongoing operation of farm practices.

Vegetation, timber production, land capability (including soil resources and soil stability), water resources (including quality and stability of water courses and ground water storage and riparian rights.

The modified development would have minimal impact on vegetation, timber production and land capabilities through the relocation of the three (3) concessional allotments. The concessional lots are however sited immediately down-stream of the Molong Dam and in close proximity to Molong Creek.

b)   The future recovery of known prospective areas of valuable deposits of minerals, coal, petroleum, sand, gravel other extractive materials.

 

DPI advised in 2008 when reviewing the initial development application that an Exploration Licence covered the area. Access for exploration is required to be maintained to the area. It was noted that Gems Quarry operates to the south west of the subject land however was unlikely to impact on future dwellings. It was a requirement that development applications for new houses on the subject lots were to be referred to the Mineral Resources Division for assessment.

c)   The protection of areas of significance for nature conservation or of high scenic or recreational value and places and buildings of archaeological or heritage significance, including Aboriginal relics and places.

 

There is no known evidence of Aboriginal or archaeological remains on the land. There are no significant habitats or species relevant to the development. DPI have previously advised that Molong Creek is important in terms of aquatic habitat. The stream is known habitat to threatened fish species such as silver perch and the protected river blackfish. Inappropriate land use activity within or adjacent to the Molong Creek may have both direct and indirect impacts on fish habitat and fish populations.

d)  Cost of providing, extending and maintaining public amenities and services to the development.

 

The services of telephone/communications and electricity are required for this development. They are available in the locality and would be provided by the developer of the land. The cost of extending the local road systems, including crossing Molong Creek will be a development cost. The road extensions will be transferred to council and will then become council’s responsibility to maintain. The ROW network will be the responsibility of private land owners to maintain the internal road ways.

e)   Future expansion of settlements in the vicinity.

The area has not been identified for future rural residential development.

 

Clause 11 Subdivision of land

Clause 11 (1) A person shall not subdivide land to which this plan applies except with the consent of Council.

 

The developer has applied to council for approval to modify the development.

Clause 11(2)      The Council shall not consent to an application to subdivide land within Zone 1(a), 1(c) or 7(c) unless it has obtained all relevant information in relation to and made an assessment of:

 

a)   the primary purpose for which each allotment to be created by the subdivision is intended to be used;

 

Five (5) allotments will be used for agriculture with one allotment containing an existing dwelling and a cottage as well as farm infrastructure. The three (3) concessional lots are proposed and will retain dwelling permissibility. The four (4) proposed agricultural lots would also have dwelling permissibility.

 

b)   whether any allotment to be created by the subdivision is intended to be used primarily for the purpose of agriculture;

 

Five (5) allotments will be used for the purpose of general agriculture.

 

c)         whether a dwelling house is intended to be erected on any allotment to be created by the subdivision and the approximate location of any such dwelling house; and

 

Three lots will be created for the purpose of dwelling allotments. Two dwellings exist upon the larger of the proposed rural allotments. The area of the four (4) proposed agricultural lots is 100 ha or greater, and a dwelling may be a permissible use subject to consideration of separate development applications. Building envelopes have been identified for the concessional allotments only.

 

d)         whether any proposed allotment contains an existing dwelling house and the location of any such dwelling house.

One (1) allotment has an existing dwelling house, cottage and associated farm buildings.

 

Clause 12 – Subdivision for the purposes of agriculture in Zones 1(a) and 7(c)

12)    (1)     This clause applies to land within Zone No 1(a) or 7(c).

(2)       Subject to subclause (3), the Council may consent to the creation of an allotment of any area if the Council is satisfied that the allotment will be used for the purposes of agriculture.

(3)       The Council shall not grant consent to the creation of an allotment referred to in subclause (2) if the allotment has an area of less than 100 hectares and there is already a dwelling-house on that allotment.

(4)       Notwithstanding subclause (3), the Council may consent to the creation of one but not more than one allotment referred to in subclause (2) for the purposes of agriculture from an existing holding on which a dwelling-house stands if that dwelling house was lawfully erected on that land on or before the appointed day.

 

The proposed modified subdivision is consistent with the above provisions of Cabonne LEP 1991. Proposed Lots 4 – 7 comply with Clause 12(2). Proposed Lot 8 was approved under Clause 12(4). Modified proposed Lots 1, 2 and 3 are concessional lots subject to Clause 14 (1A)1(c).

 

Clause 14 – Subdivision for the purposes of dwellings in Zones 1(a) and 7(c)

14)    (1A)   This clause applies to land within Zone No 1(a) or 7(c).

(1)       The Council may consent to the creation of:-

(c)        3 allotments which the Council is satisfied will be used for the purposes of a dwelling-house from the whole of an existing holding of area greater than 160 hectares.

But only if:-

a)         each such allotment has an area of not less than 0.4 hectares and generally not more than 5 hectares (unless justified on the grounds of water supply or agricultural buffer, or both);

b)         each such allotment does not compromise prime crop and pasture land;

c)         the creation of each such allotment is unlikely to adversely affect the existing and potential capability of the land and adjacent land to produce food or fibre; and

d)         the creation of each such allotment is unlikely to generate additional servicing costs beyond those that can be met by the developer.

2)         In addition to the requirements of subclause (1), the Council may only consent to the subdivision of land within Zone No 7(c) for the purpose of a dwelling-house if a dwelling envelope can be demonstrated, (being the minimum separation of 400 metres between the dwelling-house and any water way, subject to the suitability of the development so that the impact on ground and surface water is minimal).

3)         For the purposes of this clause, land is taken to be the whole of an existing holding even if it has been reduced in area by acquisition for public purposes not relating to residential development.

 

The subject land was considered to be the whole of an existing holding and as such the modified development is permissible.

The proposed concessional Lots 1 and 3 have an area of 5 hectares each and comply with clause 14. Proposed Lot 2 has an area of 7.1ha and exceeds the 5ha standard. The proponent suggests that proposed Lot 2 is the residual of site specifically nominated for location of concessional allotments within the holding.

 

The holding is Class 3 and Class 4 and is considered to be “prime agricultural land”, however the creation of the development was initially assessed as adequate and would not have any adverse effect on the potential capacity of the land and adjacent land to produce food or fibre. The relocation of the three proposed concessional lots may impact upon the adjacent independently owned farm land, however council has since adopted a Right to Farm Policy to assist the continued lawful operation of farm land.

 

The proposed modified lots will not generate additional community servicing costs beyond those development costs attributed directly to the proponent. This includes the construction of a concrete bridge structure spanning the full width of Molong Creek.

 

The proposed modified concessional lots and building envelopes are now to be sited in close proximity to Molong Creek. The building envelope for proposed Lots 1 and 2 are within 100 - 200m of the creek. The environmental benefit of the modified development including the relocation of the proposed lifestyle lots is questionable, and will be subject to suitable on site waste management strategies should the lots be subject to further development for residential dwellings.

 

The nature of the proposed modified subdivision remains essentially the same as was originally approved, as three (3) concessional allotments and five (5) agricultural lots are proposed. The modification alters the location of the proposed allotments from the western section of the holding to the eastern side of the property, and alters vehicular access arrangements to the development.

 

STATE ENVIRONMENTAL PLANNING POLICIES

 

State Environmental Planning Policy 44 – Koala Habitat.

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 modified development will not impact upon any existing vegetation.  There are no known sightings of koalas in the locality, or sources of koala habitat.

 

State Environmental Planning Policy (Rural Lands) 2008

The Rural Lands SEPP applies to the Cabonne Council area. The SEPP requires Council to consider the existing and approved uses of land in the vicinity of the development and whether or not the development is likely to have a significant impact on predominant or preferred land uses.

 

The surrounding area consists of agricultural land predominantly used for grazing. The proposed modified subdivision is considered to be consistent with surrounding rural land uses and there will be no negative impact to preferred predominant land use (agriculture). The proposed development complies with the requirements of the SEPP.

 

State Environmental Planning Policy 55 – Remediation of land.

The modified location of the proposed concessional allotments appears to have historically been grazing land and site contamination from agricultural activity is unlikely.

 

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(a)(iii)

 

Development Plan No 5 – General Rural Zones applies to the site. The modification seeks to relocate the proposed lifestyle allotments. Proposed Lots 1 and 3 establish a buffer separation of only 50m from the edge of the building envelope to the boundary with adjoining farm land. The DCP suggests a 100m buffer separation as the preferred option.

 

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 modified agricultural lots are generally similar in size and shape to the original approval.

 

The three (3) concessional allotments have been relocated. These lots are generally of regular shape and in accordance with the LEP provisions. Proposed Lot 2 exceeds the standard lot size and incorporates a battle axe access corridor.

 

Access

The modified application alters the approved subdivision layout and access provisions.

 

The current approval requires a 1.2km extension of Curtin Road. The modified development requires a 1km extension to Bruce Road, and a 450m extension to Curtin Road and three ROWs various burdening lots. The additional ROW adjoin unformed road reserves. The creation of the ROW network will require road construction and boundary fencing, which will further remove land from agricultural use.

 

The road / access changes as proposed by the modified development are summarised as follows:

 

Lot

Approved access

Modified access

1

Curtin Road sealed extension

Access off new sealed extension to Bruce Road

2

Curtin Road sealed extension

Access off new sealed extension to Bruce Road

3

Curtin Road sealed extension – access constructed

Access off sealed extension to Bruce Road

4

Curtin Road sealed extension – building envelope shown 323m from road.

Incorporated the constructed recessed vehicular access that was to service proposed Lot 3. This newly constructed gateway and entrance will need to be removed to make way for the ROW serving proposed Lot 6.

Approximately 450m of roadway is proposed to be extended to the south western boundary of the modified Lot 4. The proponent however is suggesting that access to this lot won’t be provided off Curtin Road but via an extension to Bruce Road and then a ROW along the western boundary of proposed Lot 5.

It would appear more practical (and given the formerly identified building envelope) that access to this lot would be achieved off Curtin Road as the lot has direct frontage and access to the road extension.

5

Curtin Road sealed extension then via a ROW over Lot 4, in preference to constructing adjacent road reserve

Bruce Road is to be extended and will end in a cul-de-sac at the north eastern corner of this lot. Instead of extending the road within the road reserve the proponent proposes a series of ROW along the northern and eastern boundary of proposed Lot 5 to service proposed Lots 4 and 7. Lot 5 would also achieve access from within this network.

6

Curtin Road sealed extension – access constructed

Previously Curtin Road was to be extended to its boundary with this proposed Lot. The proponent now proposes to extend Curtin Road approximately 450m and to then create a ROW along the western boundary of proposed Lot 4 to enable access to proposed Lot 6.

The proponent argues that the removal of farm land to provide the access way is offset by retaining native timber within the  dedicated road reserve.

7

Curtin Road sealed extension then via a ROW over Lots 4 and 5,  in preference to constructing road within either of the adjacent road reserves

It is proposed to extend Bruce Road to the north eastern boundary of proposed Lot 5 and instead of  continuing the road, to instead create a ROW along the norther boundary of proposed Lot 5 to service proposed Lot 7.

8

Retain existing access off Bruce Road

Retains existing access arrangements off Bruce Road.

 

Revised conditions of development consent have been drafted to address the road, ROW and access requirements of this development. Terms of approval from DPI have also been included to address the requirements for the proposed road works and associated waterway crossings.

Detail of concept for proposed Cul-de-sac and ROW arrangement

 

Proposed ROWs burdening Lots 4 and 5

 

 

Council guidelines for rural subdivisions - concessional lots

The proponent has addressed the guidelines and the modified proposal is generally in accordance with the provisions.

 

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

 

Physical Attributes and Hazards

The north west section of the holding is identified as Bushfire Prone Land. A bushfire assessment was undertaken as part of the initial development proposal. The modified proposal does not require additional assessment.

 

The relocation of the concessional lots removes them from the water catchment area however locates them in close proximity to the Molong Creek and downstream of the Molong Dam. The road extension west of Bruce Road requires construction of a bridge over Molong Creek. Design work for the bridge and road approaches will need to take into account a 1 in 100 year flood event.

 

Modified conditions of development consent have been drafted to address these matters.

 

DEVELOPMENT CONTRIBUTIONS

 

The modified proposal attracts council’s s94 Development Contributions, while the initial development did not attract charges. The modified proposal requires construction of a new road connecting to Bruce Road and the servicing of lots off that road.

 

The contributions as calculated by council’s rural roads development contribution plan equals $51,240, with a charge of $2,678 towards the bushfire brigade contribution plan. The State government’s capping of development contribution charges limits the contribution for the development to a maximum of $20,000.

 

A condition of development consent has been drafted requiring s94 contributions as proportioned:

 

·    $17,321.10 (subject to annual CPI adjustment) road improvement contribution for Bruce Road

·    $2,678.90 bushfire contribution to Orange (Molong Road) brigade

 

ANY SUBMISSIONS MADE IN ACCORDANCE WITH THE ACT s79(1)(d)

 

The modified application was notified to adjoining land owners and seven (7) submissions were received by council. The issues raised in the submissions are summarized as follows:

Submission

Issues

Comments

1

Traffic impact upon Curtin Road.  Standard of Curtin Road needs to be addressed if additional traffic is to utilize the road.

 

Potential school children meeting the bus. Vehicles meet the school bus at the intersection of Curtin Road and Convent Lane.

The modified application reduces the number of proposed allotments with Curtin Road access from seven (7) to one (1).

The Development Engineer has reviewed the modified proposal and recommended revised conditions of development consent to address traffic generation and road standards.

 

Noted.

2

Concern that an increase of traffic in Convent Road with associated risk of accidents

The modified application reduces the number of proposed allotments with Curtin Road access from seven (7) to one (1).

 

3

Concern that there will be additional traffic on Curtin Road and to a lesser extent the loop of Convent Road and the dangerous state of the road in a number of places.

The modified application reduces the number of proposed allotments with Curtin Road access from seven (7) to one (1).

 

4

Requests the standard of the proposed extension of Curtin Road be retained at that previously approved.

Concerned about safety issues arising from additional traffic using Curtin Road and Convent Lane

The standard for road construction remains unchanged and requires a sealed finish.

 

Noted. The development has been reviewed by council’s Development Engineer and  a revised conditions of consent drafted.

5

Concerns about the safety of Curtin Road and Convent Lane and the impact of additional traffic especially heavy vehicles.

 Concern of further impact if further land is approved for subdivision in the future.

See comments above

 

 

Noted

6

Supports the relocation of the three lifestyle lots from Curtin Road.

Object to any reduction in the required standard of construction for the Curtin Road extension.

Purchased land fronting a sealed road and doesn’t want to see it become an unsealed frontage.

Do not want road generated dust entering the dwelling or covering washing

Object to extra noise from vehicles using an unsealed road.

Do not want their property devalued by being subject to an unsealed road frontage.

Raises safety issues with Curtin Road and Convent Lane

Objects to heavy vehicles moving road building machinery travelling along the existing roads.

Noted

 

The required construction standard remains unchanged

 

Noted

 

The road extension is to be sealed

 

See above

 

Noted. Not a planning issue. Road is to be sealed.

Development Engineer has reviewed the application and provided revised draft conditions of consent.

 

7

Additional traffic generated by the development will pose a danger.

Supports relocation of concessional lots away from Curtin Road.

Concerned about traffic safety of Curtin Road and Convent Lane, the ability of the roads to accommodate heavy loads such as trucks carrying equipment and road making material, and the possibility that one of the allotments is to be sold to an earth moving contractor

 

The modified application reduces the number of proposed allotments with Curtin Road access from seven (7) to one (1).

Noted

 

Modified application was reviewed by council’s development engineer and draft conditions of consent applied.

Any future development of the allotments for purposes other than agriculture would require a merit based assessment of a development application.

 

 

Public agency consultation

The development was deemed integrated development requiring General Terms of Approval to be issued by DPI Water. As the modified development requires construction of a bridge over Molong Creek and a number of culverts on minor watercourses a controlled activity approval was required under the Water Management Act 2000. The department’s General Terms of Approval are incorporated in the amended Notice of Approval.

 

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 the potential impacts.

 

CONCLUSION

The proposed modification is permissible with the consent of Council. The applicant has adequately demonstrated that the proposed development complies with the objectives and provisions of the Cabonne LEP 1991. The modification is consistent with the provisions of Section 96(1A) of the Environmental Planning and Assessment Act 1979. A section 79C assessment of the proposal indicates that the development is acceptable in this instance. An amended draft Notice of Approval is attached.

 

 

ITEM 39 - QUESTIONS FOR NEXT MEETING

REPORT IN BRIEF

 

Reason For Report

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

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.1.g. Code of Meeting Practice adhered to

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\NOTICES - MEETINGS - 776833

 

 

Recommendation

 

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

 

Acting General Manager's REPORT

 

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

 

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

 

 

ITEM 40 - BUSINESS PAPER ITEMS FOR NOTING

REPORT IN BRIEF

 

Reason For Report

Provides an opportunity for Councillors to call items for noting for discussion and recommends remainder to be noted.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

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

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\PROCEDURES - 776834

 

 

Recommendation

 

THAT:

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

2.   The balance of the items be noted.

 

Acting General Manager's REPORT

 

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

 

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

 

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

 

ITEM 41 - 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 - 776836

 

 

Recommendation

 

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

 

Acting General Manager's 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 42 - 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 - 776835

 

 

Recommendation

 

THAT Councillors call any matters of urgency.

 

Acting General Manager's 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 11 Ordinary Meeting 27 September 2016

Item 11 - Annexure 1

 

COUNCIL COMMITTEES THAT MEET AS WHEN - TERMS OF REFERENCE

 

AUSTRALIA DAY AWARDS COMMITTEE

 

 

Objectives:            To consider nominations for Australia Day awards and recommend winners to Council.

 

Responsibilities:   

 

1.                Pursuant to the powers conferred on Council by s377 of the Local Government Act 1993, this Committee is authorised to exercise or perform on behalf of the Council the powers, authorities, duties and functions as follows:

 

a)      Assess and determine nominations for Citizen, Young Citizen and Community Group of the Year.

b)      In the absence of Community nominations for a particular locality or category, individual councillors may nominate suitable candidates for same allowing assessment and determination by the Committee.

c)      Assess and determine the Cabonne Youth Ambassador of the Year.

 

Terms of Reference:

 

1.         To consider reports, advice and recommendations of staff, together with nominations from third parties for the listed awards and to make determinations based on same in accord with its responsibilities; and make recommendations to Council ensuring the recommendations are within the limits of available resources and subject to the powers vested under the Statutes, Regulations and Council’s own policies.

 

2.         To recommend to Council the need for the formulation of or amendment to policies in relation to matters before the Committee.

 


Item 20 Ordinary Meeting 27 September 2016

Item 20 - Annexure 1

 

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Item 23 Ordinary Meeting 27 September 2016

Item 23 - Annexure 1

 

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Item 24 Ordinary Meeting 27 September 2016

Item 24 - Annexure 1

 

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Item 25 Ordinary Meeting 27 September 2016

Item 25 - Annexure 1

 

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Item 27 Ordinary Meeting 27 September 2016

Item 27 - Annexure 1

 

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Item 29 Ordinary Meeting 27 September 2016

Item 29 - Annexure 1

 

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Item 30 Ordinary Meeting 27 September 2016

Item 30 - Annexure 1

 

Community Assistance Program (CAP) 2016/2017

 

Budget Allocation $63,079

Number

Town

Applicant

Group

Project

Description

Funds

Requested

1.   

Eugowra

Bob Roach

EPPA

Installation of Air-Conditioning in the Rural Transaction Centre

Install Air conditioner to the licensed Post Office Mail Room located in the RTC

$1,145

2.   

Eugowra

Ray Agustin

Historical Museum  bushranger Centre

Painting of newly lined shed

Continue the improvement of the local museum by painting the 3rd newly lined shed at the Eugowra Museum

$907.50

3.   

Eugowra

Karen Clarke

Eugowra War Memorial Swimming Pool

Upgrade existing kitchen

Upgrade existing kitchen to current food preparation standards, non-slip floor to provide home cooked food instead of pre-packaged food

$1,919.81

4.   

Baldry/Cumnock

Keith Woodhouse

Trustees of Baldry Racecourse

Boundary Fence line replacement

Removal & replacement of the fence line enclosing Baldry Racecourse  (1-6kms of fence with 2 double gateways

$13,130

5.   

Cumnock

Rhonda Watt

Cumnock Progress Assoc

Cumnock Showground & Camping Ground

2 x Toilet blocks need upgrading and to include disabled access which are needed for various events

$10,000

6.   

Cumnock

 

Sally Morse

Cumnock Pony club

Kiosk Refurbishment

Refurbishment of the kiosk at the Cumnock Showground

Replacement of walls to protect against the weather & repaint

$2,780

7.   

Cumnock

Sue O’Brien

Cumnock CWA

Cumnock CWA Refurbishment

Refurbishment of CWA rooms to meet health & Hygiene requirements with hot water system.   Services the CWA since 1953

$5,480

8.   

Yeoval

Alf Cantrell

Mulga Bill Festival Inc Committee

Banjo Paterson Hat Sculpture

To add another unique sculpture to Banjo Paterson Bush Park in Yeoval. There are 9  sculptures in the park and this will add to the Paterson heritage.

$1,615

 

9.   

Lake Canobolas

Pam Montgomery

Pinnacle Dragon Abreast

Installation of a pontoon

Install a pontoon/ramp to assist participants entering the water especially in the winter. Disabled access

$3,026.52

10. 

Manildra

Glenda Gibson

MADIA

Manildra Matters

Purchase a laptop & software package for the production of Manildra Matters monthly newspaper to keep the community connected and informed

$7,395

11. 

Cudal

Stacey Roweth

Cudal Community Children’s Centre

 

Green House Learning Area

Transform an area for children to learn about the environment

$2,000

12. 

Molong

Marj Bollinger

Picnic Table Shelter

Construct shade shelter over the picnic table to match the existing structure in the playground and skate park at the Rec ground

$1,840

 

13. 

Molong

Marj Bollinger

Village Green Gazebo Floor

To install a floor in the Village Green shelter for people to utilise and reduce the muddy and dusty floor affects

$1,880.82

14. 

Molong

Rozzie Smith

Rotary Molong

Re-decorating the Molong Community Christmas Tree

Beautify the tree in McMahon Park that overlooks the Mitchell Highway, Bank St & the Molong Railway precinct. Brings delight to many families, travellers etc

$5,000

15. 

Canowindra

Jane Atkinson

St Edwards P & C Assoc. 

Purchase & install new playground equipment

To purchase and install new playground equipment and remove old unsafe equipment. Plus earth works

$5,000

 

 

 

 

 

 

 

TOTAL

 

 

 

$63,119.65

 

The following two applications fall outside the CAP Guidelines and spirit of the program.

 

Yeoval

Warren Parish

Yeoval Men’s Shed

Install a Floor in the ex- army shed

Install & build a Floor for the Men’s Shed that is only a structure

$10,000

Canowindra

Michael Newcombe

Central West Team Penning

Roof Structure to cover cattle yards at the show grounds

Project will provide all weather protection for the welfare of the cattle. Team Penning area

$40,000

 


Item 34 Ordinary Meeting 27 September 2016

Item 34 - Annexure 1

 

DRAFT CONDITIONS OF CONSENT

 

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: DA 2017/6 Anthony Daintith Town Planning, Ref: 2016-143DA, Sheets 1 to 4, dated 16.8.2016) 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 CODE OF AUSTRALIA 2016 – AUSTRALIAN STANDARDS

 

Objective

 

To satisfy the Building Code of Australia 2016 and relevant Australian Standards.

 

Performance

 

The approved dwelling and attached garage must meet the relevant Australian Standards and the performance requirements of the Building Code of Australia 2016. Compliance with the Performance Requirements can only be achieved by:-

 

a)      complying with the Deemed to Satisfy Provisions; or

b)      formulating an Alternative Solution which:-

 

          i)        complies with the Performance Requirements; or

ii)    is shown to be at  least equivalent to the Deemed to Satisfy Provisions; or

          iii)      a combination of both a) and b)

 

 

3.   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 the following:-

 

-     ACCESS CONSTRUCTION CERTIFICATE,

-     ACCESS COMPLIANCE CERTIFICATE,

-     SUBDIVISION CERTIFICATE, and

-     CONSTRUCTION CERTIFICATE for the proposed dwelling and attached garage.

 

 

4.   PROVISION OF POWER FOR SUBDIVISION

 

Objective

 

To ensure financial equity in providing adequate power supply for newly created lots 2 and 3.

 

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 2 and 3.

 

5.   PROVISION OF PRIVATE ACCESS

 

Objective

 

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

 

Performance

 

Access must be provided to all proposed lots in accordance with Councils’ Provision of Private Access Specification that is current at the time of application.

 

An Access Construction Certificate must be obtained from Council prior to any Construction Certificate for the dwelling and prior to commencement of construction of any access or accesses 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(es).  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(es) must be submitted to Council before any Subdivision Certificate can be issued for the development.

 

 

6.   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.

 

7.   CONNECTION TO TOWN WATER SUPPLY

 

Objective

 

To ensure that the development to be connected to the local water supply Authority’s reticulation system.

 

Performance

 

The applicant is required to connect (the development/each lot) to the town water supply before release of the linen plan by applying directly to the relevant water supply authority and bearing the full cost of the connection fee. A Compliance Certificate is to be submitted to Council from the relevant Water Supply Authority.

 

 

8.   CONNECTION TO THE SEWERAGE SYSTEM

 

Objective

 

To ensure that the development is connected to Sewerage Supply Authorities system.

 

Performance

 

The applicant is required to connect the development to the sewerage system by applying directly to Sewer Supply Authority (Cabonne Council) A COMPLIANCE CERTIFICATE FOR THE WORKS IS TO BE ISSUED BY THE SUPPLY AUTHORITY and a copy be provided to Council.  All relevant work is to be completed BEFORE THE ISSUE OF THE SUBDIVISION CERTIFICATE.

 

 

 

9.   SEWERAGE HEADWORKS LEVY (Canowindra)

 

Objective

 

To ensure each property owner makes an equitable contribution to the cost of sewerage capital works.

 

Performance

 

The applicant is required to pay a Sewerage Headworks levy for the proposed development in accordance with Council’s Fees and Charges. The levy for the year 2016/2017 is $5,820.00 per newly created allotment. These charges may increase from July 2017.

 

The Sewerage Headworks levy is to be paid before a Subdivision Certificate is issued.

 

 

 

10. PLUMBING AND DRAINAGE WORKS

 

Objective

 

To ensure compliance with the requirements of the relevant legislation.

 

Performance

 

All plumbing and drainage work shall be carried out by a licensed plumber and drainer to the requirements of the National Plumbing and Drainage Code and AS3500.

 

 

11. DRAINAGE RECORDS

 

Objective

 

To provide an accurate record of drainage works.

 

Performance

 

A works as executed plan drawn to the scale of 1 in 200 of drainage is to be submitted to Council prior to the release of the Final Plumbing and Drainage Certificate.

 

 

12. DRAINAGE

 

Objective

 

To ensure satisfactory disposal of roof stormwater run-off.

 

Performance

 

All roof water shall be collected through guttering and down piping, connected to a 100mm or 90mm PVC pipeline and shall be disposed of to the street gutter in Waddell St or Flanagan St.

 

 

13. SOIL EROSION

 

Objective

 

To protect the water catchments.

 

Performance

 

Provide and maintain a silt intercept fence along the lower boundary of the site or as otherwise directed by the Council to ensure that silt does not enter the stormwater system/catchment.

 

 

 

14. LOADING / UNLOADING

 

Objective

 

To ensure loading / unloading does not interfere with the amenity of the street.

 

Performance

 

During construction and demolition loading and unloading operations are to take place at all times wholly within the confines of the site.

 

 

15. NOISE

 

Objective

 

To limit the impact of noise on adjoining properties.

 

Performance

 

Building work may only be carried out on the site between the following hours:

 

7.00am and 6.00pm Monday to Friday

8.00am and 1.00pm Saturdays

No work is to be carried out on Sundays and Public Holidays. This includes site works and delivery of materials.

 

 

16. DEMOLITION OF BUILDINGS AND STRUCTURES

 

Objective

 

To protect the environment, health and safety of the community.

 

Performance

 

a)         The demolition work is to be undertaken in accordance with the requirements of Australian Standards AS2601 – 2001 – ‘The Demolition of Structures’.

 

b)         Utility services of electricity, gas, water, sewerage and telephone are to be satisfactorily disconnected or sealed off before commencement of the demolition work.

 

c)         Appropriate dust suppression procedures are to be carried out during the demolition of the structure.

 

d)         Appropriate safety clothing and equipment to be used during the demolition works in accordance with the requirements of the Work Health and Safety Act  2011.

 

e)         Appropriate barricades and framing are to be installed around the perimeter of the demolition site to prohibit public access to the demolition works.

 

f)          Appropriate signage is to be placed on the demolition site to advise the public of danger associated with demolition works and to prohibit public access.

 

g)         Appropriate procedures are to be provided to ensure protection of Council’s Road, footpath and kerb and guttering from structural damage arising from the demolition works.

 

h)         Hazardous materials (including asbestos) are to be handled, stored, treated, transported and disposed of in accordance with the requirements of the Work Health and Safety Act 2011 and the Work Health and Safety Regulation 2011.

 

i)          All demolition materials of no recycling value are to be removed from the demolition site by covered transport to an appropriate waste landfill site and the appropriate waste disposal fee paid to Council.

 

j)          An appropriate insurance policy is required in respect of the demolition works indemnifying Council from action against it and covering those responsible for the works against third party damages.

 

 

 

17. OCCUPATION CERTIFICATE

 

Objective

 

To ensure compliance with the Environmental Planning & Assessment Act 1979.

 

Performance

 

All buildings will require an Occupation Certificate PRIOR to occupation/use of the building.

 

 

18. COMPLIANCE WITH CONDITIONS OF CONSENT

 

Objective

 

To ensure the development proceeds in the manner as determined by Council.

 

Performance

 

All conditions of this consent are to be complied with to the standards specified prior to the release of any Linen Plan.

 

 

19. IMPACT ON RATES (Advisory)

 

Note:

 

Please note that after subdivision has occurred, this land will not be rated the same as it has previously been rated.  Each block created will attract its own general rate, water and sewerage rate, if appropriate, either connected or unconnected and waste management charge.

 

Under special circumstances, however, the Valuer General may amalgamate the newly created blocks for rating purposes but YOU must apply to that Department to do so.

 

The ACTUAL rate to be charged cannot be determined until the Valuer General has separately valued each new parcel of land, but an ESTIMATE of rating may be obtained by contacting Council’s Rates Department on (02) 63 923200.

 

 


Item 35 Ordinary Meeting 27 September 2016

Item 35 - Annexure 1

 

DRAFT CONDITIONS OF CONSENT

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 (Geolyse project number 214447, sheets C001 to C012, dated 18/7/2016) 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 will be subject to an application to modify the development consent under S 96 of the Environmental Planning and Assessment Act, 1979, as amended and will be subject to a separate fee.

 

2.   BUILDING CODE OF AUSTRALIA 2016 – AUSTRALIAN STANDARDS

 

Objective

 

To satisfy the Building Code of Australia 2016 and relevant Australian Standards.

 

Performance

 

The approved greenhouses and packing shed must meet the relevant Australian Standards and the performance requirements of the Building Code of Australia 2016. Compliance with the Performance Requirements can only be achieved by:-

 

a)      complying with the Deemed to Satisfy Provisions; or

b)      formulating an Alternative Solution which:-

          i)        complies with the Performance Requirements; or

ii)    is shown to be at  least equivalent to the Deemed to Satisfy Provisions; or

          iii)      a combination of both a) and b)

 

 

3.   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 the following:-

CONSTRUCTION CERTIFICATE,

ACCESS CONSTRUCTION CERTIFICATE,

ACCESS COMPLIANCE CERTIFICATE and

FINAL OCCUPATION CERTIFICATE.

 

4.   INTEGRATED DEVELOPMENT

 

Objective

To comply with the Department of Primary Industries (Water) General Terms of Approval (GTA).

Performance

The proponent is to prepare the following documentation in consultation with DPI Water and submit to Council prior to issue of a Construction Certificate.

-     Sediment and Erosion Control Plan

-     Stormwater Management Plan, and

-     Additional assessment in support of the proposed effluent management system.

Please note the above General Terms of Approval are not the controlled activity approval. The applicant must apply (to DPI Water) for a controlled activity approval after consent has been issued by Council and before the commencement of any work or activity on waterfront land. A Construction Certificate will not be issued over any part of the site requiring a controlled activity approval until a copy of the approval has been provided to Council.

 

5.   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.  Any increase in the scale of the activity as submitted, will require the further approval of Council.

 

6.   HOURS OF OPERATION

 

Objective

 

To protect the amenity of the surrounding area.

 

Performance

 

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

-     Picking/greenhouse activities 7am to 4pm Monday to Sunday during winter and 6am to 3pm Monday to Sunday during summer,

-     Packing activities 8am to 5pm Monday to Sunday (daily),

-     Administration activities 8am to 5pm Monday to Friday.

 

7.   IDENTIFICATION OF SITE

 

Objective

 

To clearly identify the site.

 

Performance

 

Provide a clearly visible sign to the site stating:

 

a)      Unauthorised entry is prohibited;

b)      Builders name and licence number; or owner builders permit number;

c)      Street number or lot number;

d)      Contact telephone number/after hours number;

e)      Identification of Principal Certifying Authority.

 

8.   FIRE SAFETY

 

Objective

 

Statutory requirement of the Environmental Planning & Assessment Act 1979 and because it is in the public interest that the building provides an adequate level of fire protection.

 

Performance

 

The building is to comply:

a) with the fire safety schedule (which is to be attached to the Construction Certificate); or

b) submit a report from a suitably qualified Fire Engineer.

 

9.   FIRE SAFETY CERTIFICATION

 

Objective

 

So that the development complies with the requirements imposed under clause 153 of the Environmental Planning and Assessment Regulation 2000, as amended.

 

Performance

 

The owner shall submit to Council a final fire safety certificate stating that each essential fire safety measure specified in the current fire safety schedule for the building to which the certificate relates:

a) has been assessed by a properly qualified person; and

b) was found, when it was assessed, to be capable of performing to a standard not less than that required by the current fire safety schedule for the building.

 

Further, the assessment is to be carried out within a period of three (3) months of the date on which the final safety certificate was issued. The owner of the building shall forward a copy of the certificate to the New South Wales Fire Brigades and shall prominently display a copy in the building.

 

NOTE: A final fire safety certificate must be provided before a final occupation certificate can be issued for the building and must be provided if a fire safety order is made in relation to the building premises.

 

10. FIRE SAFETY ANNUAL STATEMENT

 

Objective

 

It is in the public interest that an Annual Fire Safety Statement be provided.

 

Performance

 

The owner shall submit to Council an Annual Fire Safety Statement, each 12 months after the final safety certificate was issued.

 

11. DISABLED ACCESS

 

Objective

 

To comply with Disabled Access provisions under the Local Government Act, 1993

 

Performance

 

The applicant shall make provision for access requirements for disabled people in accordance with AS 1428.1.

 

12. PLUMBING AND DRAINAGE WORKS

 

Objective

 

To ensure compliance with the requirements of the relevant legislation.

 

Performance

 

All plumbing and drainage work shall be carried out by a licensed plumber and drainer to the requirements of the National Plumbing and Drainage Code AS3500.

 

13. INSTALLATION HOT WATER SERVICE

 

Objective

 

To ensure the safety of the occupants.

 

Performance

 

All new hot water installations shall deliver hot water at the outlet of all sanitary fixtures used primarily for personal hygiene purposes at a temperature not exceeding 50oC.

 

14. DRAINAGE RECORDS

 

Objective

 

To provide an accurate record of drainage works.

 

Performance

 

A works as executed plan drawn to the scale of 1 in 200 of drainage is to be submitted to Council prior to the release of the Final Plumbing and Drainage Certificate.

 

15. NOISE

 

Objective

 

To limit the impact of noise on adjoining properties.

 

Performance

 

Building work may only be carried out on the site between the following hours:

 

7.00am and 6.00pm Monday to Friday

8.00am and 1.00pm Saturdays

No work is to be carried out on Sundays and Public Holidays, this includes site works and delivery of materials.

 

16. VEHICLE MANAGEMENT PLAN

 

Objective

 

To ensure that arrangements are made for vehicles movements associated with the development.

 

Performance

 

The vehicle management plan is to detail all vehicle movements within the site including loading areas, truck parking/waiting areas, re-fueling zones and travel routes that are used during operation of the development.

 

The VMP shall be prepared by the applicant and then submitted for approval by Council. All persons involved in the development operations shall be issued with a copy of the VMP.

 

17. 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.

 

18. 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 the rural addressing number has been erected.  This letter is to be supplied to Council or Principal Certifying Authority PRIOR to the issue of any Occupation Certificate for the development.

 

19. ENGINEERING DESIGN

 

Objective

 

To ensure design works are undertaken by a suitably qualified person and fulfil the relevant authority’s requirements.

 

Performance

 

All engineering works to be designed by a competent person (eg. Professional Engineer) and carried out in accordance with Council’s Codes and Development Control Plans, unless otherwise indicated, to ensure that these works are of a sustainable and safe standard.

 

The new access intersection with Canobolas Road will be designed in accordance with the Councils recommendations. A Basic Right (BAR) and a Basic Left (BAL) turning treatments as shown in Figure 7.5 and 8.2 of the Austroads Guide to Road Design: Part 4A shall be provided on Canobolas Road at its intersection with the vehicular access servicing the subject land. The widened shoulder is to be sealed and built for an 80km/h speed environment to provide a reasonable level of safety for traffic (up to 19 metre articulated vehicles) turning right into the access.

Details to be provided to the satisfaction of the Certifying Authority BEFORE THE ISSUE OF ANY CONSTRUCTION CERTIFICATE FOR THE DEVELOPMENT.

Relevant work to be completed to the satisfaction of the Director of Environmental Services’ nominee BEFORE THE ISSUE OF ANY OCCUPATION CERTIFICATE.

 

20. PROVISION OF PRIVATE ACCESS

 

Objective

 

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

 

Performance

 

Access must be provided to the proposed development in accordance with Councils’ Provision of Private Access Specification that is current at the time of application.

 

The Access is to prevent queuing onto Canobolas Road and have the gate setback a minimum of 20 meters from the edge of Canobolas Road.

An Access Construction Certificate must be obtained prior to commencement of construction of any access or accesses 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 submitted to Council before any Occupation Certificate can be issued for the development.

 

21. 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.

 

22. PUBLIC LIABILITY INSURANCE

 

Objective

 

To ensure that the applicant and Council are both protected against any liability claim.

 

Performance

 

Prior to the commencement of any works on Council controlled land including a public road, the applicant is to affect Public Liability Insurance in the minimum amount of $20 million.  This insurance is to note Council’s as an interest party and is to remain current for at least the period from the issue of the Construction Certificate until the issue of a Compliance Certificate for the works.  Documentary evidence of the currency of the cover is to be provided to Council prior to the issuing of any Construction Certificate.

 

23. ENTRANCE / EXIT POINTS

 

Objective

 

To ensure on-site traffic flows in the manner assessed by Council.

 

Performance

 

Entrance / exit points are to be clearly signposted and visible from both the street and the site at all times.

 

24. OFF STREET PARKING

 

Objective

 

To ensure an adequate level of off street parking is provided.

 

Performance

 

(a)        Provision shall be made within the site for a minimum of 24 clearly marked vehicular parking spaces, each to be of minimum dimensions 5.5 x 2.5 metres.

(b)        The proposed carparking and access areas are to be constructed of material that would avoid the potential raising of dust.

(c)        At no time shall any vehicle used in connection with the use of the premises be parked in the road reserve.

 

25. CAR PARKING SIGNAGE

 

Objective

 

To ensure available car parking is clearly defined.

 

Performance

 

Off street car parking is to be encouraged by the placement of prominent signs indicating its availability.

 

26. INGRESS / EGRESS

 

Objective

 

To ensure reasonable driver / pedestrian safety.

 

Performance

 

All vehicles entering or leaving the subject property shall be driven in a forward direction.

 

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

 

Objective

 

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

 

Performance

 

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

 

28. RETAINING WALLS

 

Objective

 

To ensure retaining walls are constructed in an approved manner.

 

Performance

 

Any cut and fill sites must be retained and drained in order to prevent the movement of soil.  Any retaining wall over 600mm is to have construction details provided to Cabonne Council for approval.

 

29. OCCUPATION CERTIFICATE

 

Objective

 

To ensure compliance with the Environmental Planning & Assessment Act 1979.

 

Performance

 

All buildings will require an Occupation Certificate PRIOR to occupation/use of the building.

 


Item 35 Ordinary Meeting 27 September 2016

Item 35 - Annexure 2

 

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Item 35 Ordinary Meeting 27 September 2016

Item 35 - Annexure 3

 

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Item 35 Ordinary Meeting 27 September 2016

Item 35 - Annexure 4

 

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Item 35 Ordinary Meeting 27 September 2016

Item 35 - Annexure 5

 

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Item 35 Ordinary Meeting 27 September 2016

Item 35 - Annexure 6

 

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Item 36 Ordinary Meeting 27 September 2016

Item 36 - Annexure 1

 

DRAFT CONDITIONS OF CONSENT

 

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: DA 2017/17 Designs at M, Job No. 16-049, dated July 2016) and documentation submitted with the application and subject to the conditions below, to ensure the development is consistent with Council’s consent. 

 

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 CODE OF AUSTRALIA 2016 – AUSTRALIAN STANDARDS

 

Objective

 

To satisfy the Building Code of Australia 2016 and relevant Australian Standards.

 

Performance

 

The approved dwellings must meet the relevant Australian Standards and the performance requirements of the Building Code of Australia 2016. Compliance with the Performance Requirements can only be achieved by:-

 

a)      complying with the Deemed to Satisfy Provisions; or

b)      formulating an Alternative Solution which:-

 

          i)        complies with the Performance Requirements; or

          ii)       is shown to be at  least equivalent to the Deemed to Satisfy Provisions; or

          iii)      a combination of both a) and b).

 

 

3.   APPOINTMENT OF PRINCIPAL CERTIFYING AUTHORITY

 

Objective

 

To ensure compliance with s81A of the Environmental Planning and Assessment Act 1979 as amended.

 

Performance

 

The person having the benefit of this consent must appoint a Principal Certifying Authority for the development, pursuant to Section 81A of the Environmental Planning and Assessment Act 1979, as amended and advise Council in writing of that appointment BEFORE WORKS COMMENCE.

 

That Certifying Authority may be the Council, or an Accredited Certifier appointed under the Act.  The required written notice to Council may be satisfied by supplying a copy of the Application for a construction Certificate (Form 11) under the Environmental Planning and Assessment Regulation 1994, as amended and must include the name, contact address, telephone and accreditation numbers of the selected Certifying Authority.

 

The Principal Certifying Authority and any other Certifiers appointed by that Authority will be responsible for the post-consent certification of the development.  Copies of all certification is to be submitted to Cabonne Council referenced by the Development Application Number.

 

 

4.   APPLICATION FOR CERTIFICATION

 

Objective

 

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

 

Performance

 

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

 

CONSTRUCTION CERTIFICATE, and

OCCUPATION CERTIFICATE.

 

5.   HOME BUILDING ACT 1989

 

Objective

 

To ensure all residential work is covered by insurance and is in compliance with Part 6 of the Home Building Act 1989.

 

Performance

 

Building work (within the meaning of the Home Building Act 1989) must not be carried out unless the principal certifying authority for the development:

 

a)      in the case of work done by a licensee under the Act:

(i)         has been informed in writing of the licensee’s name and contractor license number, and

(ii)        is satisfied that the licensee has complied with the requirements of Part 6 of that Act, OR

b)      in the case of work to be done by any other person:

(i)         has been informed in writing of the person’s name and owner-builder permit number, or

(ii)        has been given a declaration, signed by the owner of the land, that states that the reasonable market cost of the labour and materials involved in the work is less than the amount prescribed for the purposes of the definition of owner-builder work in section 29 of the Act,

 

and is given appropriate information and declarations under paragraphs (a) and (b) whenever arrangements for the doing of the work are changed in such a manner as to render out of date any information or declaration previously given under either (a) or (b).

 

NOTE:  A certificate issued by an approved insurer under Part 6 of the Home Building Act 1989 that states that the person is the holder of an insurance policy is sufficient evidence to satisfy this condition

 

 

6.   PLUMBING AND DRAINAGE WORKS

 

Objective

 

To ensure compliance with the requirements of the relevant legislation.

 

Performance

 

An application to undertake plumbing and drainage works is to be submitted to and approved by Council prior to any plumbing and drainage work being undertaken.

 

 

7.   PLUMBING AND DRAINAGE WORKS

 

Objective

 

To ensure compliance with the requirements of the relevant legislation.

 

Performance

 

All plumbing and drainage work shall be carried out by a licensed plumber and drainer to the requirements of the National Plumbing and Drainage Code AS3500.

 

 

8.   DRAINAGE RECORDS

 

Objective

 

To provide an accurate record of drainage works.

 

Performance

 

A works as executed plan drawn to the scale of 1 in 200 of drainage is to be submitted to Council prior to an Occupation Certificate being granted.

 

 

9.   STORMWATER

 

Objective

 

To ensure satisfactory disposal of roof stormwater run-off.

 

Performance

 

All roofwater shall be collected through guttering and downpiping, connected to a 100mm or 90mm PVC pipeline and shall be disposed of to the existing stormwater drainage system in Haig Street.

 

 

10. NOISE

 

Objective

 

To limit the impact of noise on adjoining properties.

 

Performance

 

Building work may only be carried out on the site between the following hours:

 

7.00am and 6.00pm Monday to Friday

8.00am and 1.00pm Saturdays

No work is to be carried out on Sundays or Public Holidays. This includes site works and deliveries.

 

 

11. IDENTIFICATION OF SITE

 

Objective

 

To clearly identify the site.

 

Performance

 

Provide a clearly visible sign to the site stating:-

a)   Unauthorised entry is prohibited

b)   Builders name and license number; or owner builders permit number;

c)   Street number or lot number;

d)   Contact telephone number/after hours number;

e)   Identification of Principal Certifying Authority.

 

 

12. BASIX CERTIFICATE

 

Objective

 

To ensure the dwelling is constructed in the approved manner.

 

Performance

 

All the required commitments shown on the Basix Certificate (No: 746912M, dated 26th July 2016) and approved plans are to be completed PRIOR to a Final Occupation Certificate being issued.

 

13. LOADING / UNLOADING

 

Objective

 

To ensure loading / unloading does not interfere with the amenity of the street.

 

Performance

 

During construction all loading and unloading operations are to take place at all times wholly within the confines of the site.

 

 

14. INTERNAL ACCESS ROAD (DWELLING 2)

 

Objective

 

To ensure that dust does not become a nuisance to neighbouring residents.

 

Performance

 

The internal access road (dwelling 2) shall be constructed of a hard standing, all weather material that prevents the rising of dust from becoming a nuisance to neighbouring properties and shall be maintained at all times.

 

 

15. SOIL EROSION

 

Objective

 

To protect the water catchments.

 

Performance

 

Provide and maintain a silt intercept fence along the lower boundary of the site or as otherwise directed by the Council to ensure that silt does not enter the stormwater system/catchment.

 

 

16. PROVISION OF PRIVATE ACCESS

 

Objective

 

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

 

Performance

 

Access must be provided to all proposed lots 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 of any access or accesses 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 3247 to arrange a suitable date and time for the inspection.

 

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

 

 

17. CONNECTION TO TOWN WATER SUPPLY

 

Objective

 

To ensure that the development is connected to the local water supply Authority’s reticulation system.

 

Performance

 

The applicant is required to connect (the development/each lot) to the town water supply before the issue of any Occupation Certificate for this development by applying directly to the relevant water supply authority and bearing the full cost of the connection fee.  A Compliance Certificate is to be provided to Council from the relevant Water Supply Authority.

 

18. CONNECTION TO THE SEWERAGE SYSTEM

 

Objective

 

To ensure that the development is connected to Sewerage Supply Authorities system.

 

Performance

 

The applicant is required to connect the development to the sewerage system before occupation by applying directly to Sewer Supply Authority (Cabonne Council) A COMPLIANCE CERTIFICATE FOR THE WORKS IS TO BE ISSUED BY THE SUPPLY AUTHORITY and a copy be provided to Council.  All relevant work is to be completed BEFORE THE ISSUE OF ANY OCCUPATION CERTIFICATE for this development.

 

 

19. 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.

 

20. SEWERAGE HEADWORKS LEVY (Cumnock)

 

Objective

 

To ensure each property owner makes an equitable contribution to the cost of sewerage capital works.

 

Performance

 

The applicant is required to pay a Sewerage Headworks levy for the proposed development in accordance with Council’s Fees and Charges.  The levy for the year 2016/2017 is $9,224.00. These charges may increase from July 2017.

 

The Sewerage Headworks levy is to be paid before any Occupation Certificate is issued for this development.

 

21. WATER HEADWORKS LEVY (Cumnock)

 

Objective

 

To ensure each property owner makes an equitable contribution to the cost of reticulated water capital works.

 

Performance

 

The applicant is required to pay a Water Headworks levy for the proposed development in accordance with Council’s Fees and Charges.  The levy for the year 2016/2017 is $4,611.00. These charges may increase from July 2017.

 

The Water Headworks levy is to be paid before any Occupation Certificate is issued for this development.

 

 

22. OCCUPATION CERTIFICATE

 

Objective

 

To ensure compliance with the Environmental Planning & Assessment Act 1979.

 

Performance

 

All buildings will require an Occupation Certificate PRIOR to occupation/use of the building.

 

 

 


Item 38 Ordinary Meeting 27 September 2016

Item 38 - Annexure 1

 

 

MODIFIED CONDITIONS OF APPROVAL

 

 

1.      APPOINTMENT OF PRINCIPAL CERTIFYING AUTHORITY

 

Objective

 

To ensure compliance with s81A of the Environmental Planning and Assessment Act 1979 as amended.

 

Performance

 

The person having the benefit of this consent must appoint a Principal Certifying Authority for the development, pursuant to Section 81A of the Environmental Planning and Assessment Act 1979, as amended and advise Council in writing of that appointment BEFORE WORKS COMMENCE.

 

That Certifying Authority may be the Council, or an Accredited Certifier appointed under the Act.  The required written notice to Council may be satisfied by supplying a copy of the Application for a construction Certificate (Form 11) under the Environmental Planning and Assessment Regulation 1994, as amended and must include the name, contact address, telephone and accreditation numbers of the selected Certifying Authority.

 

The Principal Certifying Authority and any other Certifiers appointed by that Authority will be responsible for the post-consent certification of the development.  Copies of all certification are to be submitted to Cabonne Council referenced by the Development Application Number.

 

 

2.      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 modified plans (Ref No 2008/177/1 modified plans dated 29.04.2015 prepared by Peter Basha Planning & Development) and documentation submitted with the modification application and subject to the conditions below, to ensure the development is consistent with Council’s consent. 

 

NOTE:  Any alterations to the approved modified 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 will be subject to 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.

 

3.      APPLICATION FOR CERTIFICATION

 

Objective

 

To satisfy the post-consent requirements of this Development Consent, and to comply with s109 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:

 

ROAD CONSTRUCTION CERTIFICATE to satisfy the requirements of engineering conditions

ROAD COMPLIANCE CERTIFICATE to satisfy the requirements of engineering conditions

ACCESS COMPLIANCE CERTIFICATE to satisfy the requirements of engineering conditions.

SUBDIVISION CERTIFICATE to satisfy the requirements of all conditions

 

4.      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)       Lots 1, 2 and 3 have been approved as dwelling entitlement lots under Clause 14 of Cabonne Local Environmental Plan, 1991. The Linen Plan of Subdivision will contain a Restriction on the Use of the Land pursuant to Section 88B of the Conveyancing Act, 1919 prohibiting the erection of a dwelling house outside of the defined building envelope. 

(c)       Lot 4, 5, 6 and 7 have been approved as agricultural lots under Clause 12(2) of Cabonne Local Environmental Plan, 1991.

(d)       Lot 8 has been approved as a residue lot containing an existing dwelling under Clause 12(4) of Cabonne Local Environmental Plan, 1991.

(e)     The proposed roads are to be dedicated as Public Road in the Linen Plan.

(f)        Right of Carriageways are to be created across proposed Lot 5 to provide access to the public road for proposed Lots 4 and 7.

(g)       A Right of Carriageway is to be created across proposed Lot 4 to provide access to the public road for proposed Lot 6.

 

 

5.      LOCATION OF BUILDINGS

 

Objective

 

To ensure that new buildings are established within the most suitable sites on each lot, having regard to effluent disposal and other impediments to building.

 

Performance

 

The Linen Plan will indicate a building envelope within Lots 1 – 3. A Restriction as to User pursuant to Section 88B of the Conveyancing Act is to be prepared restricting the establishment of buildings outside such building envelopes.

 

 

6.      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 $2,678.90 towards the improvement of bushfire services and amenities for the Orange (Molong Road) Bushfire Brigade (Income No: 1039).

 

6a.    ROAD IMPROVEMENT CONTRIBUTION (SUBDIVISION)

 

Objective

 

To make equitable contribution to address the impacts of development on Council roads.  The contribution has been levied to make improvements to the stated road in accordance with Council’s Road Contributions Plan dated April 2007, (General Rural Zone) or June 1993 (Rural Small Holdings Zone).

 

Performance

 

The applicant is required to make a road improvement contribution of $17,321.10 towards the improvement to Bruce Road (Income Number 5295) to Cabonne Council prior to the Subdivision Certificate being issued.

 

 

7.      FENCING

 

Objective

 

To ensure that all animals are retained within each approved Lots 1,2 and 3.

 

Performance

 

Prior to issue of the SUBDIVISION CERTIFICATE the applicant is required to fence all boundaries of all Lots 1, 2 and 3 to a “dog-proof” standard.  This requires the fence to have netting (rather than ringlock or hinge joint) that goes below ground level, top, middle and bottom wires, as well as two (2) barbed wires above the netting.

 

 

8.      PROVISION OF POWER FOR SUBDIVISION

 

Objective

 

To ensure financial equity in providing adequate power supply for newly created lots 1- 7.

 

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 1 - 7.

 

 

9.      PROVISION OF RURAL ADDRESS NUMBER(S)

 

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 GIS Officer on 6392 3247 to obtain an application form and instructions.

 

 

10.    ERECTION OF RURAL ADDRESS NUMBER(S)

 

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(s) 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)

 

A Compliance Certificate will be issued upon satisfactory erection of designated numbers and Council will supply this address information to all relevant authorities which are entitled to hold this information.

 

 

11.    PROPERTY ACCESS FOR FIRE VEHICLES

 

Objective

 

To ensure provisions are made for fire vehicle access.

 

Performance

 

Lots 4, 5, 6 and 7 access is to comply with section 4.3.2 of Planning for Bushfire Protection 2001.

 

 

12.    REGISTRATION OF ON-SITE SEWAGE MANAGEMENT SYSTEM

 

Objective

 

To comply with the requirements of the Environment and Health Protection Guidelines for On-Site Sewage Management.

 

Performance

 

Prior to the issuing of a Subdivision Certificate, the applicant is required to register the On-site Sewage Management system located on proposed Lot 1 - 3 under Section 68 of the Local Government Act 1993

 

 

 

13.    PROVISION OF PRIVATE ACCESS

 

Objective

 

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

 

Performance

 

Access must be provided to all proposed lots in accordance with Councils’ Provision of Private Access Specification (attached) that is current at the time of application.

 

An Access Construction Certificate must be obtained prior to commencement of construction of any access or accesses 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 accesses.  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 accesses must be submitted to Council before a Final Subdivision Certificate can be issued.

 

 

14.     ROAD DESIGN AND CONSTRUCTION (Curtin Road)

 

Objective

 

To ensure that safe, all-weather public access is provided to the newly created lots in accordance with Council’s requirements.

 

Performance

 

The applicant is required to bear the full cost of survey, design and construction of the proposed extension of Curtin Road which is to be built to Council’s Rural Class 1, Level 1 standard and strictly in accordance with the “CABONNE COUNCIL ENGINEERING SPECIFICATIONS FOR SUBDIVISION AND DEVELOPMENT (EDITION 1)”.

 

A complete set of drawings is to be provided to Council for approval before a ROAD CONSTRUCTION CERTIFICATE for the works is issued.

 

A ROAD COMPLIANCE CERTIFICATE FOR ALL ROAD WORKS IS TO BE ISSUED.

 

One set of printed copies plus an electronic copy (AutoCAD2000.dwg file format) of “Works as Executed” plans are to be submitted to Council for works carried out on Council’s Road in CONNECTION WITH THE ROAD COMPLIANCE CERTIFICATE.

 

All relevant work to be completed BEFORE THE ISSUE OF THE SUBDIVISION CERTIFICATE.

 

 

14a.  ROAD DESIGN AND CONSTRUCTION (new road west of Bruce Road)

 

Objective

 

To ensure that safe, all-weather public access is provided to the newly created lots in accordance with Council’s requirements.

 

Performance

 

The applicant is required to bear the full cost of survey, design and construction of the proposed new road west of Bruce Road which is to be built to Council’s Rural Class 1, Level 1 standard and strictly in accordance with the “CABONNE COUNCIL ENGINEERING SPECIFICATIONS FOR SUBDIVISION AND DEVELOPMENT (EDITION 1)”. The road design is to take into consideration road batter protection for a 1 in 100 year flood event of the Molong Creek.

 

A complete set of drawings is to be provided to Council for approval before a ROAD CONSTRUCTION CERTIFICATE for the works is issued.

 

A ROAD COMPLIANCE CERTIFICATE FOR ALL ROAD WORKS IS TO BE ISSUED.

 

One set of printed copies plus an electronic copy (AutoCAD2000.dwg file format) of “Works as Executed” plans are to be submitted to Council for works carried out on Council’s Road in CONNECTION WITH THE ROAD COMPLIANCE CERTIFICATE.

 

All relevant work to be completed BEFORE THE ISSUE OF THE SUBDIVISION CERTIFICATE.

 

 

15.    CUL-DE-SAC

 

Objective

 

To provide adequate turning area.

 

Performance

 

At the end of the newly constructed road, and at the end of the extension of Curtin Road, a permanent cul-de-sac is to be constructed.  A sealed gravel turning area is to be provided with a radius of 11 metres (minimum).  Details of the two cul de sac designs, including permanent signage, is to be submitted to the council for approval prior to THE ISSUE OF A CONSTRUCTION CERTIFICATE FOR THE DEVELOPMENT.

 

 

15a.  ROAD NAMING

 

Objective

 

To name roads.

Performance

Developer suggestions for the names of new road together with the reasons for the names proposed, should be submitted BEFORE ISSUE OF ANY CONSTRUCTION CERTIFICATE FOR THE DEVELOPMENT, for Council’s adoption.  Council favours names with historical, zoological, botanical or geographic association with the locality.  Council can provide advice on appropriate names on request.

 

15b.  STREET NAME SIGNS

 

Objective

To ensure all streets are named and signposted

Performance

The developer is to bear the full cost of the supply and installation of any necessary Street Name Signs strictly in accordance with Council’s specification after the statutory naming and advertising process has been completed.

 

16.    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 the issue of a Road Construction Certificate.

 

 

17.    TRANSFER OF CROWN ROAD RESERVE TO COUNCIL

 

Objective

 

To ensure that the road reserve that provides legal access to the property is Council owned.

 

Performance

 

The applicant is required to bear the full cost of transferring the Crown public road into Council ownership.  This transfer must be commenced and approved before any required works are undertaken within the road reserve. 

 

Compliance Certificate for any associated road works will not be given before documented evidence and / or completed transfer is sighted by Council.

 

 

18.    ENGINEERING DESIGN

 

Objective

 

To ensure design works are undertaken by a suitably qualified person.

 

Performance

 

All engineering works to be designed by a competent person (eg. Professional Engineer) and carried out in accordance with Council’s Codes and Development Control Plans (Policy ES16), unless otherwise indicated, to ensure that these works are of a sustainable and safe standard.

 

 

19.    MAINTENANCE LIABILITY PERIOD

 

Objective

 

To protect Council’s assets.

 

Performance

 

A maintenance performance (defects liability) period adequate to reasonably test the asset under service conditions, normally a minimum of twelve (12) months, shall apply to all works that will become a Council asset and, for this purpose, security of 10% of the value of work undertaken shall be retained for this period.

 

Provision of one set of print film copies of “works as executed” plans to Council for works carried out on Council’s property or benefiting Council, IN CONNECTION WITH AN APPLICATION FOR A COMPLIANCE CERTIFICATE FOR THESE PUBLIC WORKS.  Each plan is to have a bar scale adjacent to the title block showing the scale used on that plan.

 

 

20.    ROAD DESIGN

 

Objective

 

To preserve native vegetation.

 

Performance

 

Road design and construction is to ensure preservation of as many existing trees as possible.  All trees proposed to be removed within the road reservation to be clearly identified by survey and shown on detailed construction plans to the satisfaction of the Certifying Authority BEFORE THE ISSUE OF A CONSTRUCTION CERTIFICATE FOR THE DEVELOPMENT.

 

All trees shown on approved engineering plans as being retained are to be appropriately marked and protected during construction works.

 

 

21.    ACCESS

 

Objective

 

To provide legal access to Lots 4, 5, 6 and 7.

 

Performance

 

Submitted Engineering plans / s.88b Instrument to make satisfactory provision for the following in respect of the proposed right of way.

 

Provision of a minimum maintenance all-weather carriageway surface.

 

Provision for on-going management/maintenance of the carriageway including clear details of obligations/responsibilities of the affected parties.

 

Provision for adequate width and turning facilities for likely vehicle traffic including all likely service and emergency vehicles.

 

Effective (legal) provision for access by all emergency and other essential service organisations over the private carriageway.

 

Full details to the satisfaction of the Certifying Authority, including draft s88b instrument and plans / specifications to be provided BEFORE THE ISSUE OF A CONSTRUCTION CERTIFICATE FOR THE DEVELOPMENT.

 

Approved 88b instrument to be provided WITH THE APPLICATION FOR THE SUBDIVISION CERTIFICATE.

 

 

22.    CONSTRUCTION OF RIGHT OF CARRIAGEWAY

 

Objective

 

To ensure that the proposed Right of Carriageway is constructed to provide safe and all-weather access to proposed Lots 4, 5 and 7.

 

Performance

 

The applicant is to construct and fence accordingly, at his/her full cost, the proposed Right of Carriageway to Rural Class 3 Level 1 standard and to fence it both sides to a suitable rural stock proof standard, all at his/her full cost.

 

A complete set of drawings is to be provided to Council for approval before a CONSTRUCTION CERTIFICATE for the Right of Carriageway and/or access(es) is issued.

 

A COMPLIANCE CERTIFICATE is to be obtained for the Right of Carriageway and/or access construction BEFORE THE ISSUE OF THE SUBDIVISION CERTIFICATE.

 

 

23.    EROSION AND SEDIMENTATION CONTROL PLANS

 

Objective

 

To prevent soil erosion and watercourse contamination during and subsequent to the course of the development.

 

Performance

 

An overall erosion and sedimentation control plan is to be prepared to a standard acceptable to the Principal Certifying Authority and the Department of Infrastructure, Planning and Natural Resources.

 

The plan is to note any proposed vegetation retention and planting and is to be submitted and approved prior to the issue of a subdivision certificate for any works.

 

Specific construction zone erosion and sedimentation control plans are to be prepared to a standard acceptable to the Principal Certifying Authority and are required to be approved prior to the issue of Construction Certificates for each and any stage of the development.

 

 

24.    PUBLIC LIABILITY INSURANCE

 

Objective

 

To ensure that the applicant and Council are both protected against any liability claim.

 

Performance

 

Prior to the commencement of any works on Council controlled land including a public road, the applicant is to affect Public Liability Insurance in the minimum amount of $20 million.  This insurance is to note Council’s interest and is to remain current for at least the period from the issue of the Road Construction Certificate until the issue of a Road Compliance Certificate for the works.  Documentary evidence of the currency of the cover is to be provided to Council prior to the issuing of a Construction Certificate.

 

 

24.    MODIFICATION OF CONSENT

 

Objective

 

To ensure any variation from the consent has approval.

 

Performance

 

Development is to take place in accordance with the plans and documentation submitted with the application and subject to the conditions below, to ensure the development is consistent with Council’s consent.  Any alterations to the submitted development application plans should be clearly identified WITH THE APPLICATION FOR A CONSTRUCTION CERTIFICATE.  The Principal Certifying authority for the project may request an s96 application for modification of this consent or a new application in the event that changes to the approved plans are subsequently made.

 

 

25.    IMPACT ON RATES - advisory

 

Note: Please note that after subdivision has occurred, this land will not be rated the same as it has previously been rated.  Each block created will attract its own general rate, water and sewerage rate, if appropriate, either connected or unconnected and waste management charge.

 

Under special circumstances, however, the Valuer General may amalgamate the newly created blocks for rating purposes but you must apply to that Department to do so.

 

The actual rate to be charged cannot be determined until the Valuer General has separately valued each new parcel of land, but an estimate of rating may be obtained by contacting Council’s Rates Department on 63 923200.

 

 

26.    DPI WATER – GENERAL TERMS OF APPROVAL

 

Objective

 

To comply with DPI Water General Terms of Approval for work requiring a controlled activity approval under s91 of the Water Management Act 2000

 

Performance

 

1

These General Terms of Approval (GTA) only apply to the controlled activities described in the plans and associated documentation relating to DA2008/177/1 and provided by Council:

(i)      Site plan, map and/or surveys

(ii)     Structural design and specifications

(iii)    Vegetation Management Plan

(iv)    Works Schedule

(v)     Erosion and Sediment Control Plan

(vi)    Soil and Water Management Plan

(vii)   Rehabilitation Plan

Any amendments or modifications to the proposed controlled activities may render these GTA invalid. If the proposed controlled activities are amended or modified DPI Water (formerly the NSW Office of Water) must be notified to determine if any variations to these GTA will be required.

2

Prior to the commencement of any controlled activity (works) on waterfront land, the consent holder must obtain a Controlled Activity Approval (CAA) under the Water Management Act from DPI Water. Waterfront land for the purposes of this DA is land and material in or within 40 metres of the top of the bank or shore of the river identified.

3

The consent holder must prepare or commission the preparation of:

(i)      Vegetation Management Plan

(ii)     Works Schedule

(iii)    Erosion and Sediment Control Plan

(iv)    Soil and Water Management Plan

4

All plans must be prepared by a suitably qualified person and submitted to the DPI Water for approval prior to any controlled activity commencing. The following plans must be prepared in accordance with DPI Water's guidelines located at www.water.nsw.gov.au/ Water-Licensing/Approvals.

(i)      Vegetation Management Plans

(ii)     Laying pipes and cables in watercourses

(iii)    Riparian Corridors

(iv)    In-stream works

(v)     Outlet structures

(vi)    Watercourse crossings

5

The consent holder must (i) carry out any controlled activity in accordance with approved plans and (ii) construct and/or implement any controlled activity by or under the direct supervision of a suitably qualified professional and (iii) when required, provide a certificate of completion to DPI Water.

6

The consent holder must carry out a maintenance period of two (2) years after practical completion of all controlled activities, rehabilitation and vegetation management in accordance with a plan approved by the DPI Water.

7

The consent holder must reinstate waterfront land affected by the carrying out of any controlled activity in accordance with a plan or design approved by the DPI Water.

8

The consent holder must use a suitably qualified person to monitor the progress, completion, performance of works, rehabilitation and maintenance and report to DPI Water as required.

9 – 11

N/A

12

The consent holder must ensure that the construction of any bridge, causeway, culvert or crossing does not result in erosion, obstruction of flow, destabilisation or damage to the bed or banks of the river or waterfront land, other than in accordance with a plan approved by DPI Water.

13

The consent holder must ensure that any bridge, causeway, culvert or crossing does not obstruct water flow and direction, is the same width as the river or sufficiently wide to maintain water circulation, with no significant water level difference between either side of the structure other than in accordance with a plan approved by DPI Water.

14

The consent holder must ensure that no materials or cleared vegetation that may (i) obstruct flow, (ii) wash into the water body, or (iii) cause damage to river banks; are left on waterfront land other than in accordance with a plan approved by DPI Water.

15

The consent holder is to ensure that all drainage works (i) capture and convey runoffs, discharges and flood flows to low flow water level in accordance with a plan approved by DPI Water; and (ii) do not obstruct the flow of water other than in accordance with a plan approved by DPI Water.

16

The consent holder must stabilise drain discharge points to prevent erosion in accordance with a plan approved by DPI Water.

17

The consent holder must establish all erosion and sediment control works and water diversion structures in accordance with a plan approved by DPI Water.  These works and structures must be inspected and maintained throughout the working period and must not be removed until the site has been fully stabilised.

18

The consent holder must ensure that no excavation is undertaken on waterfront land other than in accordance with a plan approved by DPI Water.

19

The consent holder must ensure that any excavation does not result in (i) diversion of any river (ii) bed or bank instability or (iii) damage to native vegetation within the area where a controlled activity has been authorised, other than in accordance with a plan approved by DPI Water.

20

The consent holder must ensure that (i) river diversion, realignment or alteration does not result from any controlled activity work and (ii) bank control or protection works maintain the existing river hydraulic and geomorphic functions, and (iii) bed control structures do not result in river degradation other than in accordance with a plan approved by DPI Water.

21 – 28

N/A

END OF CONDITIONS

 

 


GENERAL MANAGER’S REPORT ON MATTERS FOR NOTATION SUBMITTED TO THE Ordinary Council Meeting TO BE HELD ON Tuesday 27 September, 2016

Page 1

TABLE OF CONTENTS

 

 

 

ITEM 1      RATES SUMMARY................................................................................ 3

ITEM 2      INVESTMENTS SUMMARY................................................................. 3

ITEM 3      RESOLUTIONS REGISTER - INFOCOUNCIL - ACTIONS REPORTING    3

ITEM 4      STRATEGIC DIRECTIONS WORKSHOP - OUTCOMES.............. 3

ITEM 5      ANNUAL REPORT ON COMPLAINTS RECEIVED UNDER COUNCIL'S CODE OF CONDUCT............................................................................................... 3

ITEM 6      CENTROC BOARD MEETING............................................................ 3

ITEM 7      COMMUNITY FACILITATION FUND................................................. 3

ITEM 8      MERGER PROPOSAL - AFFECT ON ORGANISATION OPERATIONS     3

ITEM 9      AMENDMENT TO LOCAL GOVERNMENT ACT ........................... 3

ITEM 10    JOINT ORGANISATIONS CONSULTATION PAPER.................... 3

ITEM 11    AMENDMENTS TO LOCAL GOVERNMENT ACT 1993............... 3

ITEM 12    RURAL FIRE SERVICE STATION BUILDS 2016/17...................... 3

ITEM 13    NSW EMERGENCY SERVICES PROPERTY LEVY....................... 3

ITEM 14    LIBRARIES - WI-FI................................................................................ 3

ITEM 15    ECONOMIC DEVELOPMENT ACTIVITIES REPORT.................... 3

ITEM 16    ENGINEERING AND TECHNICAL SERVICES UPDATE REPORT   3

ITEM 17    MOLONG TO CUMNOCK AND YEOVAL PIPELINE..................... 3

ITEM 18    HERITAGE ADVISOR'S REPORT..................................................... 3

ITEM 19    DEVELOPMENT APPLICATIONS APPROVED DURING AUGUST 2016  3

ITEM 20    DEVELOPMENT APPLICATIONS RECEIVED DURING AUGUST 2016    3

ITEM 21    MEDIAN PROCESSING TIMES 2016................................................ 3

ITEM 22    BURIAL STATISTICS........................................................................... 3  

 

ANNEXURE ITEMS

 

ANNEXURE 1.1    Rates graph August 2016............................................ 3

ANNEXURE 2.1    Investment Summary August 2016......................... 3

ANNEXURE 3.1    Council................................................................................... 3

ANNEXURE 3.2    Traffic Light report summary 2016 September  3

ANNEXURE 6.1    250816_Mayoral Board Report_............................. 3

ANNEXURE 10.1  Joint Organisations - Getting the boundaries right         3

ANNEXURE 16.1  Engineering Report....................................................... 3

ANNEXURE 18.1  Heritage Advisory Report September 2016.... 3 

 


 

 

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 August 2016    

File Number

\OFFIC