Agenda of Ordinary Meeting - 27 September 2016

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.

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.

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.

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.

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.

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

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.

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.

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.

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.

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.

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.

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)	1^st Wednesday of each month	Clr M Hayes (Clr M Nash as alternate)
Cumnock	Cumnock and District Progress Association	3^rd Thursday of each month	Clr G Smith (Clr S Wilcox as alternate)
Yeoval	Yeoval and District Progress Association	1^st Tuesday of each month	Clr G Smith (Clr I Gosper as alternate)
Molong	Molong Advancement Group	1^st Thursday of each month	Clr I Gosper (Clr M Hayes as alternate)
Mullion Creek	Mullion Creek & District Progress Association	4^th 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	2^nd Tuesday of each month	Clr K Walker (Clr G Dean as alternate)
Cudal	Cudal Progress Association	1^st 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	2^nd Wednesday of each month	Clr A Durkin (Clr K Walker as alternate)

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.

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).

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.

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.

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.

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.

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:

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.

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.

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.

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.

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

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.

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

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

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.

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.

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

Political Disclosures

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,

(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 1,000m²or 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.

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

Political Disclosures

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

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.