cabonne Council colour 200 wide

 

 

 

 

 

 

 

 

14 December 2016

 

 

NOTICE OF ORDINARY COUNCIL MEETING

 

Your attendance is respectfully requested at the Ordinary Meeting of Cabonne Council convened for Tuesday 20 December, 2016 commencing at 2.00pm, at the Cabonne Council Chambers, Bank Street, Molong to consider the undermentioned business.

 

 

 

Yours faithfully

Stephen J Harding

ACTING GENERAL MANAGER

 

 

ORDER OF BUSINESS

 

1)       Open Ordinary Meeting

2)       Consideration of Mayoral Minute

3)       Consideration of Acting General Manager’s Report

4)       Resolve into Committee of the Whole

a)    Consideration of Called Items

b)    Consideration of Closed Items

5)      Adoption of Committee of the Whole Report

 

 

 

 

 

 

 


 

ATTENDEES – DECEMBER 2016 COUNCIL MEETING

 

 

2.00pm

Audrey Meehan – Daroo Award Winner Recognition

 

 

 

 

 

 

 

 

 

 

 

 


 

 

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

 

 

 

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

 

 


         

 

 

 

 

 

 

 

 

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 


GENERAL MANAGER’S REPORT ON MATTERS FOR DETERMINATION SUBMITTED TO THE Ordinary Council Meeting TO BE HELD ON Tuesday 20 December, 2016

Page 1

TABLE OF CONTENTS

 

 

 

ITEM 1      APPLICATIONS FOR LEAVE OF ABSENCE.................................. 3

ITEM 2      DECLARATIONS OF INTEREST....................................................... 3

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

ITEM 4      MAYORAL MINUTE - APPOINTMENTS........................................... 3

ITEM 5      COMMITTEE OF THE WHOLE........................................................... 3

ITEM 6      GROUPING OF REPORT ADOPTION.............................................. 3

ITEM 7      CONFIRMATION OF THE MINUTES................................................. 3

ITEM 8      AUSTRALIA DAY AWARDS COMMITTEE MEETING................... 3

ITEM 9      VILLAGE ENHANCEMENT RESERVE............................................. 3

ITEM 10    ITEM 4 CONFIDENTIAL - 22 NOVEMBER 2016 ORDINARY COUNCIL MEETING................................................................................................................... 3

ITEM 11    2016 NATIONAL LOCAL ROADS AND TRANSPORT CONGRESS 3

ITEM 12    NOVEMBER 2016 LOCAL TRAFFIC COMMITTEE....................... 3

ITEM 13    DECEMBER 2016 LOCAL TRAFFIC COMMITTEE........................ 3

ITEM 14    COUNCIL'S POLICY REGISTER - AMENDMENT OF "Hire of Items - Molong Cudal Community Centres and s355 Operated Halls Policy"      3

ITEM 15    ORANA HOUSE (LOT 126 DP 1105484 FERGUSON STREET, CANOWINDRA), FORMER COURT HOUSE (LOT 321 DP 820931 GASKILL STREET, CANOWINDRA AND 70 GASKILL STREET, CANOWINDRA (LOT 1 DP 108962)................................................................................................................... 3

ITEM 16    LOCAL GOVERNMENT REMUNERATION TRIBUNAL - REVIEW FOR THE 2017 ANNUAL DETERMINATION................................................................ 3

ITEM 17    REQUESTS FOR DONATIONS.......................................................... 3

ITEM 18    HIDDEN TREASURES HONOUR ROLL 2016................................. 3

ITEM 19    ADDITIONAL BACKLOG PROJECTS FOR 2016/2017................ 3

ITEM 20    PURCHASE OF OUTREACH MOWER ATTACHMENTS............. 3

ITEM 21    DEVELOPMENT APPLICATION 2017/0055 FOR FARM STAY ACCOMMODATION UPON LOT 100 DP 1122908 BEING 299 NANCARROW LANE, NASHDALE............................................................................... 3

ITEM 22    DEVELOPMENT APPLICATION 2017/0012 TWO LOT SUBDIVISION (BOUNDARY ADJUSTMENT), LOT 263 DP 750162 AND LOT 1 DP 1114093, ORANGE ROAD, MANILDRA............................................................. 3

ITEM 23    DEVELOPMENT APPLICATION 2016/0128 FOR PROPOSED OPEN CUT MINE (LIMESTONE MINE) AND ANCILLARY PROCESSING - PROPOSED LOTS 100 & 101 IN SUBDIVISION OF LOT 2 DP 590034, LOT 136 DP 664861 AND LOT 137 DP 652082, BEING LAND KNOWN AS 115 CANOMODINE LANE, CANOWINDRA.................................................................................................................... 3

ITEM 24    DEVELOPMENT APPLICATION 2017/0031 FOUR LOT RURAL SUBDIVISION OF LOTS 35 & 47 DP 750389 AND LOTS 102 & 103 IN DP 1005154, 521 GOWAN ROAD, GOWAN..................................................................................... 3

ITEM 25    PLANNING PROPOSAL - REZONING OF FORMER CWA HALL, HILL STREET, MOLONG AND INCLUSION OF RURAL BOUNDARY ADJUSTMENT CLAUSE TO CABONNE LEP 2012............................................................................ 3

ITEM 26    PLANNING PROPOSAL PREPARED BY ORANGE CITY COUNCIL TO AMEND ORANGE LOCAL ENVIRONMENTAL PLAN 2011 - AIRPORT ESTATE AT SPRING HILL.......................................................................................... 3

ITEM 27    DRAFT CONTAMINATED LAND POLICY....................................... 3

ITEM 28    QUESTIONS FOR NEXT MEETING................................................... 3

ITEM 29    BUSINESS PAPER ITEMS FOR NOTING........................................ 3

ITEM 30    MATTERS OF URGENCY.................................................................... 3

ITEM 31    COMMITTEE OF THE WHOLE SECTION OF THE MEETING..... 3

Confidential Items

 

Clause 240(4) of the Local Government (General) Regulation 2005 requires Council to refer any business to be considered when the meeting is closed to the public in the Ordinary Business Paper prepared for the same meeting.  Council will discuss the following items under the terms of the Local Government Act 1993 Section 10A(2), as follows:

 

ITEM 1      CARRYING OF COUNCIL RESOLUTION INTO CLOSED COMMITTEE OF THE WHOLE MEETING

Procedural

ITEM 2      ENDORSEMENT OF PROCEEDINGS OF CONFIDENTIAL MATTERS CONSIDERED AT COMMITTEE OF THE WHOLE MEETING

Procedural

ITEM 3      DEBT RECOVERY REPORT OF OUTSTANDING DEBTS

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

ITEM 4      WATER ACCOUNT 4228000008 REQUEST FOR CONSIDERATION OF COSTS

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

ITEM 5      WATER ACCOUNT 4227000009 REQUEST FOR CONSIDERATION OF COSTS

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

ITEM 6      CANOWINDRA RETIREMENT VILLAGE

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

ITEM 7      MOLONG LIMESTONE QUARRY

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

ITEM 8      CANOWINDRA CARAVAN PARK MANAGEMENT

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

 

ANNEXURE ITEMS

 

ANNEXURE 7.1    November 22 2016 Ordinary Council Minutes. 3

ANNEXURE 8.1    November 22 2016 Australia Day Awards Committee Minutes                                                                                                      3

ANNEXURE 12.1  November 24 2016 Traffic Committee Minutes 3

ANNEXURE 13.1  December Traffic Committee Minutes .............. 3

ANNEXURE 15.1  Councillor Workshop Minutes 8 November 2016 3

ANNEXURE 17.1  CWA Request for Sponsorship for 2017 Public Speaking Competition......................................................................... 3

ANNEXURE 20.1  Outreach Mower............................................................. 3

ANNEXURE 23.1  Notice of Consent.......................................................... 3

ANNEXURE 23.2  Westlime Pty Ltd document to support ......... 3

ANNEXURE 24.1  Conditions of Consent................................................ 3

ANNEXURE 27.1  Draft Contaminated Land Policy - Contamination Central Dec 2016.................................................................................. 3 

 


 

 

ITEM 1 - APPLICATIONS FOR LEAVE OF ABSENCE

REPORT IN BRIEF

 

Reason For Report

To allow tendering of apologies for Councillors not present.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

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

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - COUNCILLORS LEAVE OF ABSENCE - 796341

 

 

Recommendation

 

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

 

Acting General Manager's REPORT

 

A call for apologies is to be made.

 

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

 

 

ITEM 2 - DECLARATIONS OF INTEREST

REPORT IN BRIEF

 

Reason For Report

To allow an opportunity for Councillors to declare an interest in any items to be determined at this meeting.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

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

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - COUNCILLORS AND STAFF DECLARATION OF INTEREST - 2016 - 796342

 

 

Recommendation

 

THAT the Declarations of Interest be noted.

 

Acting General Manager's REPORT

 

A call for Declarations of Interest.

 

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

 

ITEM 3 - DECLARATIONS FOR POLITICAL DONATIONS

REPORT IN BRIEF

 

Reason For Report

To allow an opportunity for Councillors to declare any Political Donations received.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

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

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - COUNCILLORS DECLARATION OF POLITICAL DONATIONS - 796344

 

 

Recommendation

 

THAT any Political Donations be noted.

 

Acting General Manager's REPORT

 

A call for declarations of any Political Donations.

 

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

 

 

ITEM 4 - MAYORAL MINUTE - APPOINTMENTS

REPORT IN BRIEF

 

Reason For Report

To allow noting of the Mayoral appointments plus other Councillors' activities Reports.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

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

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\MAYORAL MINUTES - 796345

 

 

Recommendation

 

THAT the information contained in the Mayoral Minute be noted.

 

Acting General Manager's REPORT

 

A call for the Mayoral appointments and attendances as well as other Councillors’ activities reports to be tabled/read out.

 

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

 

 

ITEM 5 - COMMITTEE OF THE WHOLE

REPORT IN BRIEF

 

Reason For Report

Enabling reports to be considered in Committee of the Whole to be called.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.1.g. Code of Meeting Practice adhered to

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\GROUPING OF REPORT ADOPTION and BUSINESS PAPER ITEMS FOR NOTING REPORTS - 796346

 

 

Recommendation

 

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

 

Acting General Manager's REPORT

 

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

 

This item enables councillors to call any item they wish to be debated in “committee of the whole” at the conclusion of normal business.

 

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

 

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

 

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

 

 

ITEM 6 - GROUPING OF REPORT ADOPTION

REPORT IN BRIEF

 

Reason For Report

Enabling procedural reports to be adopted.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

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

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\GROUPING OF REPORT ADOPTION and BUSINESS PAPER ITEMS FOR NOTING REPORTS - 796347

 

 

Recommendation

 

THAT:

1.          Councillors call any items they wish to further consider

2.          Items 7 to 13 be moved and seconded.

 

 

Acting General Manager's REPORT

 

Items 7 to 13 are considered to be of a procedural nature and it is proposed that they be moved and seconded as a group.  Should any Councillor wish to amend or debate any of these items they should do so at this stage with the remainder of the items being moved and seconded.

 

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

 

ITEM 7 - CONFIRMATION OF THE MINUTES

REPORT IN BRIEF

 

Reason For Report

Adoption of the Minutes

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

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

Annexures

1.  November 22 2016 Ordinary Council Minutes    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - MINUTES - 2016 - 796348

 

 

Recommendation

 

THAT the minutes of the Ordinary meeting held 22 November 2016 be adopted.

 

Acting General Manager's REPORT

 

The following minutes are attached for endorsement.

 

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

 

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

 

ITEM 8 - AUSTRALIA DAY AWARDS COMMITTEE MEETING

REPORT IN BRIEF

 

Reason For Report

Adoption of Australia Day Awards Committee Recommendations.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

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

Annexures

1.  November 22 2016 Australia Day Awards Committee Minutes    

File Number

\OFFICIAL RECORDS LIBRARY\RECREATION AND CULTURAL SERVICES\EVENTS MANAGEMENT\AUSTRALIA DAY 2017 - 797296

 

 

Recommendation

 

THAT the report and recommendations of the Australia Day Awards Committee Meeting of Cabonne Council held on 22 November, 2016 be adopted.

 

Administration Manager's REPORT

 

Attached is the report of the Australia Day Awards Committee Meeting of Cabonne Council held on 22 November, 2016 for Council’s adoption.

 

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

 

 

 

ITEM 9 - VILLAGE ENHANCEMENT RESERVE

REPORT IN BRIEF

 

Reason For Report

For Council to resolve to transfer $700,000 from the Plant Reserve to Village Enhancement Reserve.

Policy Implications

Nil

Budget Implications

Yes - Transfer of funds between reserves

IPR Linkage

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

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\BUDGETING\QBRs - QUARTERLY BUDGET REVIEWS - 797263

 

 

Recommendation

 

THAT Council resolve to transfer $700,000 to the Village Enhancement Reserve from the Plant Reserve.

 

Acting Director of Finance & Corporate Services' REPORT

 

At the councillor workshop held in Canowindra on Tuesday 6 December 2016 councillors discussed the need for an additional $700,000 to be transferred from the Plant Reserve to the Village Enhancement Reserve.

 

Please note that guidelines have been issued under Section 23A of the Local Government Act titled “Council decision making during merger proposal periods”. Council must consider the guidelines in relation to each decision they make during the proposal period. The funds that are being transferred are from an internal reserve and at this stage no details of the proposed expenditure in the Village Enhancement Reserve have been resolved.

 

 

ITEM 10 - ITEM 4 CONFIDENTIAL - 22 NOVEMBER 2016 ORDINARY COUNCIL MEETING

REPORT IN BRIEF

 

Reason For Report

For Council to approve expenditure as per details in report.

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\FINANCIAL MANAGEMENT\DEBTORS\DEBT RECOVERY - 797271

 

 

Recommendation

 

THAT:

 

1.   Council approve the write-off of charges as detailed in the confidential report to Council on 22 November 2016; and

 

2.   Resolve that the expenditure is required and warranted to enable the matter to be finalised.

 

Acting Director of Finance & Corporate Services' REPORT

 

At the November Ordinary Council meeting in the Confidential paper, the following was resolved: -

 

”1.  Council waive the amount of three months’ rent, being equivalent to $1,320 due to flooding issues;

2.   The tenant enter into a payment arrangement agreement with Council for the balance of the arrears that is suitable to both parties;

3.   Should the tenant break this arrangement, Council take debt recovery action to recover the full amount outstanding and take the necessary action to evict the tenant from the premises; and

4.   A further report be provided to Council.”

 

Please note that guidelines have been issued under Section 23A of the Local Government Act titled “Council decision making during merger proposal periods”. Council must consider the guidelines in relation to each decision they make during the proposal period. 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 11 - 2016 NATIONAL LOCAL ROADS AND TRANSPORT CONGRESS

REPORT IN BRIEF

 

Reason For Report

To inform Council in a report of the congress.

Policy Implications

Consistent with Payment of expenses and provision of facilities and Mayors Policy.

Budget Implications

Conferences and Seminars budget

IPR Linkage

1.4.1.e. Roads to Recovery federal local roads program undertaken

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNMENT RELATIONS\LOCAL AND REGIONAL LIAISON\AUSTRALIAN LOCAL GOVERNMENT ASSOCIATION - 796883

 

 

Recommendation

 

THAT Council continue to support the National Local Roads and Transport Congress.

 

Acting Director of Engineering & Technical Services' REPORT

Council sent two delegates to the annual National Local Roads and Transport Congress that was held at Toowoomba, Queensland during 9 – 11 November 2016. The venue for the congress was the Empire Theatre Toowoomba.

The congress was attended by 181 delegates from across Australia and its theme was “Local Infrastructure – Developing Regions”.

The congress was preceded by a welcoming reception held at the Cobb and Co. Museum, a fitting venue that showcases the history of road transport from a bygone era.

The congress was opened by the newly elected Australian Local Government Association (ALGA) President David O’Loughlin, who stated that the aims at this year’s congress is to continue work with governments and advocate for funding for local roads and bridges to meet the needs of local communities across Australia. For local road networks to thrive, all three levels of government must remain committed to working collaboratively on transport planning. 

The keynote address was given by Martin Matthews, former Ministry of Transport Chief Executive, New Zealand, who spoke about innovation and modern technologies that are available and being applied to transport delivery and distribution.

The remainder of the morning and the first part of the afternoon session focused on Partnership for Improved Infrastructure and Regional Road Planning Initiatives.  This was a panel session and was represented by Jeremy Parkinson from Infrastructure Australia, Sal Petroccitto from National Heavy Vehicle Regulator, Dr Andrew Higgins from CSIRO and Nicole Spencer from Department of Infrastructure and Transport. The final session for the day was a workshop titled “How to prepare your Council to engage in Regional Road Planning.”

The second day commenced with a government address from The Honorable Darren Chester MP, the Minister for Infrastructure and Transport, who reinforced the present Federal Government’s support for the continuance and commitment to the Roads to Recovery Program. He was followed later in the morning by The Honorable Anthony Albanese MP, the Shadow Minister for Infrastructure, Transport, Cities and Regional Development. He spoke about his long term association with Local Government in Australia and his continued support of the current Federal Government Programs.

The remaining sessions on the day related to Road Safety Strategies, Towards Zero Program and Data Harmonisation. Local Governments are being encouraged by Federal and State Governments to employ strategies to address the impact of catastrophic crashes by means of vehicle separation and run off road protection.

The congress was a rewarding success for the delegates that attended and it gave an opportunity to meet and network with their peers in the Local Government sector and bring back to Council the focus of the Federal funding providers.

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

 

 

ITEM 12 - NOVEMBER 2016 LOCAL TRAFFIC COMMITTEE

REPORT IN BRIEF

 

Reason For Report

For Council to ratify the recommendations of the Local Traffic Committee meeting of November 2016

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

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

Annexures

1.  November 24 2016 Traffic Committee Minutes    

File Number

\OFFICIAL RECORDS LIBRARY\CORPORATE MANAGEMENT\MEETINGS\TRAFFIC COMMITTEES - 797536

 

 

Recommendation

 

THAT Council ratify the recommendations of the Local Traffic Committee meeting held 24 November 2016.

 

Acting Technical Services Manager's REPORT

Attached are the minutes of the Local Traffic Committee meeting held 24 November 2016. The items addressed and their associated recommendations are as follows:

Item 3. Newcrest Orange Challenge 2017

THAT Council approve the event subject to:

1.   Amendment of the Traffic Management Plan to account for the timing of the event.

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

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

4.   Written approval being obtained from the NSW Police Regional Commander under Section 115 of the Roads Transport Act (2013)

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

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

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

8.   The event organiser debrief Council on the event. This includes notifying Council of all incidents or near misses that occurred during the event

Item 4. NSW Masters Road Cycling Championships

THAT Council approve the request subject to:

1.   Amendment of the Traffic Management Plan to account for the timing of the event.

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

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

4.   Written approval being obtained from the NSW Police Regional Commander under Section 115 of the Roads Transport Act (2013)

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

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

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

8.   The event organiser debrief Council on the event. This includes notifying Council of all incidents or near misses that occurred during the event

Item 5. Orange Mountain Bike Club – Change of Dates

THAT Council approve the application subject to:

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

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

3.   Written approval being obtained from NSW Police

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

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

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

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

Item 6. Pig Push

THAT Council approve the application subject to:

1.   No reasonable obstruction caused to vehicular traffic

2.   Queues of traffic not exceeding 50m

3.   A 4th vehicle placed immediately behind the participants (Pig)

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

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

6.   Written approval being obtained from NSW Police

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

8.   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

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

10. The organiser debrief Council on the event. This includes notifying Council of all incidents or near misses that occurred during the event

Item 7. Speed Zone Review for Boree Lane, McDonald Road and Bowan Park Road

That Council forward the request to RMS

Item 8. Manildra Flour Mill – Change ‘No Stopping’ sign to ‘Loading Zone’ sign

THAT more information is received and the matter put forward in an electronic Local Traffic Committee.

Item 9. Mirror on Nancarrow Lane

THAT the Committee advise Council to undertake a site investigation to assess road geometry and the necessity for advanced road signage.

Item 10. Bus Route Extension along Bowens Lane

THAT Council support the change in route provided the vehicle follows a clockwise route, turning Right onto Yellowbox Road from The Escort Way and turning Left onto The Escort Way from Bowens Lane.

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

 

 

 

ITEM 13 - DECEMBER 2016 LOCAL TRAFFIC COMMITTEE

REPORT IN BRIEF

 

Reason For Report

For Council to ratify the recommendations of the Local Traffic Committee of December 2016

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

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

Annexures

1.  December Traffic Committee Minutes    

File Number

\OFFICIAL RECORDS LIBRARY\CORPORATE MANAGEMENT\MEETINGS\TRAFFIC COMMITTEES - 797516

 

 

Recommendation

 

THAT Council ratify the recommendations of the Local Traffic Committee of December 2016.

 

Acting Technical Services Manager's REPORT

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

Item 1. 100 Mile Dinner Canowindra

THAT Council approve the request subject to:

1.   The Sale of Alcohol being subject to a licence being obtained

2.   Water filled road barriers being used for the road closures

3.   The applicant notify impacted businesses of the road closure

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

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

6.   Written approval being obtained from NSW Police

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

8.   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

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

 

Item 2. Manildra Flour Mill – Change ‘No Stopping’ sign to ‘Loading Zone’ sign

That Council advise the applicant to investigate the implementation of an on-site loading zone.

 

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

 

 

 

ITEM 14 - COUNCIL'S POLICY REGISTER - AMENDMENT OF "Hire of Items - Molong Cudal Community Centres and s355 Operated Halls Policy"

REPORT IN BRIEF

 

Reason For Report

To seek Council's approval to amend this policy.

Policy Implications

Yes - will update Council's Policy Register if approval to amend 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 - 797748

 

 

Recommendation

 

THAT the “Hire of Items - Molong Cudal Community Centres and s355 Operated Halls Policy” be amended  to permit the hire of items for events of significance such as Anzac Day or Australia Day.

 

Acting General Manager's REPORT

 

Council’s current policy relating to the hire of items prohibits hiring items such as chairs to community groups who are holding community events.  When the hire of chairs for events such as Anzac Day or Australia Day have been requested previously it has been necessary to obtain permission from the Mayor to amend an existing policy.

 

It is suggested the policy be amended to permit the hire of items from community centres and s355 operated halls for events of significance such as Anzac Day or Australia Day.

 

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

 

 

ITEM 15 - ORANA HOUSE (LOT 126 DP 1105484 FERGUSON STREET, CANOWINDRA), FORMER COURT HOUSE (LOT 321 DP 820931 GASKILL STREET, CANOWINDRA AND 70 GASKILL STREET, CANOWINDRA (LOT 1 DP 108962)

REPORT IN BRIEF

 

Reason For Report

For Council to determine the future of Orana House, former Court House and 70 Gaskill Street, Canowindra

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

3.3.6.a - Maintain sporting, recreational, council and community facilities

Annexures

1.  Councillor Workshop Minutes 8 November 2016    

File Number

\OFFICIAL RECORDS LIBRARY\COUNCIL PROPERTIES\MAINTENANCE\BUILDINGS - 797339

 

p

Recommendation

 

THAT Council:

 

1.   Advertise its intention to sell Lot 126 DP 1105484, Ferguson Street, Canowindra, known as Orana House;

 

2.   Agree to the sale of Lot 126 DP 1105484, Ferguson Street, Canowindra, known as Orana House, subject to any submissions received;

 

3.   Negotiate if possible the return of the Lot 321 DP 820931, Gaskill Street, Canowindra, known as the former Court House, Canowindra to the Crown;

 

4.   Engage a suitably qualified consultant to draft designs for the entire building on Lot 1 DP 108962, 70 Gaskill Street, Canowindra, known as the HACC Office, Library and 70A Gaskill Street, Canowindra; and

 

5.   Fund the design from the current budget allocation.

 

Acting Director of Finance & Corporate Services' REPORT

 

At the councillor workshop held in Canowindra on Tuesday 6 December 2016 councillors discussed the future uses of Orana House, former Court House and the HACC, Library and 70A Gaskill Street, Canowindra building. The workshop notes are attached for councillors’ information. 

 

Please note that guidelines have been issued under Section 23A of the Local Government Act titled “Council decision making during merger proposal periods”. Council must consider the guidelines in relation to each decision they make during the proposal period. The expenditure requested is in the current 2016/2017 budget.

 

 

ITEM 16 - LOCAL GOVERNMENT REMUNERATION TRIBUNAL - REVIEW FOR THE 2017 ANNUAL DETERMINATION

REPORT IN BRIEF

 

Reason For Report

For Council to consider whether it wishes to make a 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\LOCAL GOVERNMENT REMUNERATION TRIBUNAL - 795954

 

 

Recommendation

 

THAT Council determine whether it wishes to make a submission and, if so, put forward suggestions for what the point(s) of the submission should be.

 

Administration Manager's REPORT

 

The Local Government Remuneration Tribunal has commenced its review for the 2017 annual determination.

 

Pursuant to s.241 of the Local Government Act 1993 (LG Act), the Tribunal is required to make an annual determination, by no later than 1 May 2017, on the fees payable to Councillors and Mayors to take effect from 1 July 2017.

 

The Tribunal notes that the NSW Government has published proclamations under the LG Act to amalgamate a number of council areas and constitute a total of 20 new councils commencing from the date of publication on the NSW legislation website.  The Tribunal's 2017 determination will place each of these 20 new councils into a new or existing category.  The Tribunal notes that the 20 new councils are currently being run by an Administrator and an interim General Manager until council elections are held in September 2017.

 

A number of other merger proposals are on hold as a consequence of legal action taken by councils covered by these proposals.  The Tribunal may also need to consider the categorisation of further new councils following the conclusion of legal action.

 

Whether any further councils can be considered during the 2017 annual review will depend on the timing and outcomes of the legal process.

 

The Tribunal notes that the NSW Electoral Commissioner has advised that for any councils created after the end of November 2016, the earliest an election may be held is March 2018.  lf there is insufficient time for the Tribunal to consider the categorisation of further new councils for 2017, the Minister for Local Government may direct the Tribunal to make a special determination to address these matters prior to the making of the 2018 determination.

 

Categorisation

 

The Tribunal has examined the list of existing and new councils and intends to revise the existing categorisation model for the purposes of determining fees.

 

The proposed model provides for metropolitan and non-metropolitan councils to be categorised into different groups as follows:

 

Metropolitan

Five metropolitan categories are proposed.  The existing Principal City category is proposed to be retained for Sydney City Council and renamed Principal CBD.  Major City is proposed to be abolished and a new category created for Parramatta City Council. The Tribunal's preliminary thinking is that this category will be titled Major CBD.  The existing Metropolitan Major, Metropolitan Centre and Metropolitan categories will be retained for the new and remaining existing councils.

 

Category

Council

Criteria for inclusion

Principal CBD

Sydney

To be defined

 

Major CBD

Parramatta

To be defined

 

Metropolitan Major

To be determined

To be defined

 

Metropolitan Centre

To be determined

To be defined

 

Metropolitan

To be determined

To be defined

 

 

Non Metropolitan

Four non metropolitan categories are proposed.  A new Regional City category will be created for Newcastle and Wollongong City Councils.  A new Regional Strategic Centre category will be created for Central Coast and Lake Macquarie Councils.  The existing Regional Rural and Rural categories will be retained for other new and remaining councils.

 

Category

Council

Criteria for inclusion

Regional City

Newcastle

Wollongong

 

To be defined

 

Regional Strategic Centre

Central Coast

Lake Macquarie

 

To be defined

 

Regional Rural

To be determined

To be defined

 

Rural

To be determined

To be defined

 

 

County Councils

The Tribunal does not intend to make any change to the categorisation of county councils and will retain the existing categories of Water and Other.

 

Criteria for Categorisation

 

The Tribunal is yet to finalise the criteria for classifying councils into the proposed metropolitan and non-metropolitan categories.

 

The Tribunal's 2009 annual determination outlines the characteristics for the existing categories.  At this stage the Tribunal intends to adopt a similar approach and will determine descriptors for the proposed categories for the purposes of classifying councils into the categories.  Population is likely to remain a determining factor for differentiating categories of councils.  The Tribunal will also have regard to the matters prescribed in section 240 of the LG Act.

 

The Tribunal would welcome submissions from councils on the proposed classification model and the criteria to which the Tribunal should have regard to when determining the categories.

 

Submissions may also address the proposed titles of each of the categories and suggest alternative titles if appropriate.

 

The Tribunal would also welcome submissions from councils on the appropriate classification for their individual council.

 

Fees

 

The Tribunal will also determine the minimum and maximum fee levels for each category in the categorisation structure.

 

ln accordance with s.242A of the LG Act the Tribunal is required to apply the Government's public sector wages policy to the determination of ranges of fees for Councillors and Mayors.  The public sector wages policy currently provides for a cap on increases of 2.5 per cent.

 

Section 242A of the LG Act was amended on 30 August 2016 to insert sub-sections (3) and (4), to clarify the intent of the impact of the wages policy on a determination which may change the category of a council.  Those amendments make clear that the minimum and maximum fees applicable to the existing categories cannot be increased by more than 2.5 per cent.  The Tribunal is however able to determine that a council can be placed in another category with a higher range of remuneration without breaching the government's wage policy.  These changes provided the Tribunal with greater flexibility in reviewing fees for existing and new councils.

 

Any submission you wish to make in regard to the range of fees payable to each category should be made having regard to the Tribunal's obligations under section 242A of the LG Act.

 

Submissions

 

The Tribunal calls for submissions from individual councils in respect to the proposed categorisation structure and fees, as outlined above, and any general matters as part of this annual review.

 

It is important to note that the Tribunal has a limited period of time to undertake the annual review and the determination is required to be made before 1 May.  For that reason, any comments the Council may wish to make should be received by the Tribunal no later than 30 January 2017.

 

As part of the annual review the Tribunal will seek to meet with Local Government NSW, as it does each year, to receive a sector wide view on the future direction for local government in NSW.

 

ITEM 17 - REQUESTS FOR DONATIONS

REPORT IN BRIEF

 

Reason For Report

For Council to consider the requests for donations received.

Policy Implications

Nil

Budget Implications

To be funded from budget allocation for this purpose.

IPR Linkage

4.4.1.c - Provide assistance to community groups

Annexures

1.  CWA Request for Sponsorship for 2017 Public Speaking Competition    

File Number

\OFFICIAL RECORDS LIBRARY\COMMUNITY RELATIONS\SPONSORSHIP - DONATIONS\SPONSORSHIP - DONATIONS - 2016 - 797416

 

 

Recommendation

 

THAT Council donate:

 

1.   $300 to the CWA Public Speaking Competition to be held in May 2017; and

 

2.   $300 to the Leukemia Foundation to add to Bronte Chown’s fundraising efforts.

 

Community Services Manager's REPORT

 

Borenore CWA have written to Council seeking a donation towards their annual public speaking contest for schools to be held at Kinross Wolaroi School, Orange in May, 2017.

 

The contest involves 60 schools and approximately 250 students from year 3 to year 12 from the Central West including Cabonne.

 

The day is run by volunteers from the CWA and is well regarded by the participants and schools. The donation is sought to go towards the running of the event.

 

Council has made donations towards the running of this event for many years and local schools participate in it. In May 2016 Council made a donation of $300 to this event.

 

Miss Bronte Chown is a primary school student at Molong Central School and is raising funds for the Leukemia Foundation by participating in the World’s Greatest Shave.

 

Bronte had her head shaved at recess on the last day of school for the year and so far has raised $3,120 towards this worthy cause.

 

Bronte feels strongly about this cause and has made a big sacrifice in giving her hair to support leukemia research.

 

Should Council wish to make a donation there remains $4,390 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)

$500          MADIA – Manildra Christmas Fireworks

$300          Cudal Cricket Club

$350          Cudal Preschool

$300          Cudal Swimming Club to upgrade equipment 

$200          Cargo Public School P&C for their Christmas function.

$1050        School Presentation Ceremonies (Student Prizes)

 

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 18 - HIDDEN TREASURES HONOUR ROLL 2016

REPORT IN BRIEF

 

Reason For Report

To inform Council that three Cabonne residents have been included in the Hidden Treasures Honour Roll for 2016

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

0.0.0 - Item without specific IPR action

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\ECONOMIC DEVELOPMENT\REPORTING\COUNCIL REPORTS - 797184

 

 

Recommendation

 

THAT Council congratulate Marion Gosper OAM, Glenda Gibson and Jenny Middleton for being included in the NSW Government’s Hidden Treasures Honour Roll for 2016 and thank them for their contribution to their communities and Cabonne Shire in general.

 

Acting Economic Development Manager's REPORT

 

Three Cabonne residents have been named in the NSW Government’s Hidden Treasures Honour Roll for 2016, which celebrates women volunteers who have made a big difference to rural communities.

 

Marion Gosper OAM has been recognised for her work in the Cudal community, Glenda Gibson has been included on the honour roll for her dedication to the Manildra community and Jenny Middleton has been honoured for her volunteer service at Canowindra.

 

Marion, Glenda and Jenny were among 50 women in NSW who were added to the roll this year. The Hidden Treasures Honour Roll recognises and pays tribute to those women who give their time, expertise and energy to wide-ranging social and community organisations and initiatives.

 

In addition to being involved in many organisations within their communities, both Marion and Glenda have been long serving members of Cabonne Council’s Small Towns Development Committee and have made an invaluable contribution to that committee and to Cabonne Council over many years.

 

Marion, Glenda and Jenny were nominated by members of their communities and the following tributes have been published on the Hidden Treasures website:

 

Marion Gosper OAM

 

Marion moved to Cudal in the 1970s to take up a role as a primary school teacher at Cudal Central School. She met and married a local fellow and fortunately this kept Marion in the district. Today, she is a mother to two children and a very helpful grandmother to four little ones.

 

Over the years, Marion has been involved in and volunteered her time with a number of groups and committees such as the school P&C and children’s sports clubs. Marion has worked tirelessly as a member of Australian Red Cross and holds the position of treasurer.

 

She was a key founder of the Cabonne Food, Wine & Cultural Centre, which opened in 2001 in Cudal’s old General Store and operates on Fridays, Saturdays and Sundays using volunteer labour.

 

The store prides itself on selling local produce and products, as well as hosting a meeting space, free lending library and café. Marion is secretary of this organisation.

 

Marion spent many years researching her book Servicemen from the Cudal District. Along with Rev Jeanette, she re-established our ANZAC service. This is now a huge district event attracting visitors from far and wide.

 

For more than 10 years Marion has produced the Cudal News, sourcing and compiling news and arranging printing and distribution. She is a volunteer driver for Cabonne Community Transport, organiser of the Cudal

Anzac Day celebrations and Toogong dawn service.

 

In 2009 Marion was awarded an OAM for service to the community.

 

Marion is an outstanding hidden treasure. The Cudal community feels very fortunate to have such a generous, hard working person in our district.

 

Glenda Gibson

 

Glenda was born in the Manildra district and is married to a local farmer. She is the mother of six and grandmother of 20.

 

An active member of the Bocobra Rural Fire Brigade Glenda organises brigade meetings, coordinates food for the fire ground and mans the radio when necessary.

 

Glenda has been very involved with the local school where their children attended for more than 20 years.

 

She has been, and still is, a very active exhibitor of the Manildra Pastoral Association Show, especially in the floral and photography sections.

 

She has been a canteen worker at local football matches and a fashion parade model for various fundraisers over the years.

 

Glenda has been a very capable day care mum for more than 15 years and is currently working two days a week at a local childcare centre.

 

Glenda is a founding member of the Manildra & District Improvement Association, our local progress association, and at present is our very capable secretary. She has been able to source many grants for the beautification of our village.

 

A hands on person, if you need a job done, ask Glenda for assistance. A quiet achiever, Glenda is a valued member of our community – the town and district is a much better place for having her as a resident.

 

Jenny Middleton

 

I have had the pleasure of knowing Jenny Middleton since moving to Canowindra three years ago.

 

Jenny is an integral part of this wonderful little community. She, as the saying goes, “keeps the motor running”.

 

She heads the Country Women’s Association (CWA) in Canowindra, which has just totally renovated its kitchen and rooms, with most of the fundraising done by Jenny and her crew of workers. The CWA does lots of catering at the Canowindra Bowling Club.

 

She and I got together last year to save this club, and with a lot of fundraising we put a new dishwasher, tables, new carpet/curtains, spruced the club up and made it into a going concern.

 

She organises Christmas lunch for all the battlers every year on Christmas day and provides a wonderful atmosphere. She does countless hours of volunteer work – Meals on Wheels and CWA to name a few – a wonderful lady who is respected and loved by the whole town and a lady I am proud to call a great friend.

 

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

 

ITEM 19 - ADDITIONAL BACKLOG PROJECTS FOR 2016/2017

REPORT IN BRIEF

 

Reason For Report

Council to approve the additional backlog projects for 2016/2017

Policy Implications

Nil

Budget Implications

Backlog projects

IPR Linkage

1.1.1.a - Complete the annual rural and urban roads maintenance program

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\ROADS and BRIDGES\REPORTING\OPERATION MANAGER ROAD - BRIDGES REPORTS - 797133

 

 

Recommendation

 

THAT Council;

 

1.   Approve the additional projects as listed in the report to be included in the Heavy Patching and Backlog Programs for 2016/2017;

2.   Advertise the proposed expenditure; and

3.   Resolve that the expenditure is required and warranted to enable council’s heavy patching and backlog programs to be completed.

 

Acting Director of Engineering & Technical Services' REPORT

At the September meeting, Council revoted funds to complete the 2015/2016 Heavy Patching and Backlog programs due to unseasonal weather events.

Those programs are now complete and there is a balance of saved funds.

Council’s engineering staff have reviewed the road infrastructure network to identify locations where the saved expenditure of $490,000 in the Heavy Patching Program and $685,000 in the Backlog Program can be expended to reduce Council’s current backlog and undertake additional heavy patching.

The proposed works listed below has been compiled using asset management principles, maintenance history and customer service requests in addition to projects recommended by councillors.

 

Backlog Projects

Description

Project Estimated Cost

Kents Road Gravel Re-sheeting and Drainage

$                       130,000

Dedarang and Carlisle Streets Manildra

$                         90,000

Belgravia Road Gravel Re-sheeting and Drainage

$                       150,000

Strathmore Lane Pavement Rehabilitation

$                        150,000

Fish Fossil Drive Gravel Re-sheeting

$                            52,000

Davys Plains Road Pavement Rehabilitation

$                          113,000

TOTAL

$                          685,000

The backlog program includes a number of pavement rehabilitation and re-sheeting projects that will address localised issues on Council’s road network, in addition to a table drainage maintenance program that has been identified through asset inspections.

 

Heavy Patching Projects

Road

Project Estimated Cost

Cadia Road

$                        100,000

Clergate Road

$                        100,000

Bowan Park Road

$                        100,000

Obley Road

$                       190,000

TOTAL

$                          490,000

Please note that guidelines have been issued under Section 23A of the Local Government Act titled “Council decision making during merger proposal periods”.  Council must consider the guidelines in relation to each decision they make during the proposal period. Expenditure not included in council’s original budget and exceeding $250,000 during a proposal period must be advertised and Council must resolve in open council why the expenditure is required and warranted.

 

ITEM 20 - PURCHASE OF OUTREACH MOWER ATTACHMENTS

REPORT IN BRIEF

 

Reason For Report

For Council approval to purchase 2 outreach mower attachments.

Policy Implications

Nil

Budget Implications

$140,000 from the Plant Reserve Fund

IPR Linkage

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

Annexures

1.  Outreach Mower    

File Number

\OFFICIAL RECORDS LIBRARY\PLANT EQUIPMENT AND STORES\PLANT - EQUIPMENT\PURCHASE - 797448

 

 

Recommendation

THAT Council;

1.   Approve the expenditure for purchase of two (2) power arm outreach mower attachments 6.4m and length 1500mm width cut for $140,000 from the Plant Reserve fund.

 

2.   Resolve that the expenditure is required and warranted to enable vegetation to be continually controlled on council’s road network.

 

Acting Director of Engineering & Technical Services' REPORT

Council currently utilises two John Deere 5083 Tractors fitted with Howard HD 180 Slashers to undertake vegetation control on council’s road network that includes, a Hazard Reduction Program prior to the commencement of the Bush Fire Season. 

Due to the unseasonal weather conditions during Winter and Spring, it has been necessary to engage a contractor to supplement council’s plant in an endeavour to remain on target levels of service.  However, the type of slashing implement fitted to the tractor restricts the cutting capability to be carried out, to level ground only, with minimum gradient.  It prevents vegetation control to be undertaken in an effective manner.

Council staff have recently researched the availability of options that could maximise the effectiveness of mowing operations.  The staff found that the best option to suit council’s requirements and allow greater versatility to control most types of low growth vegetation on roadsides is the power arm outreach mower attachment 6.4m and length 1500mm width cut (see annexure for picture).  This attachment would replace the Howard Slashers on Council’s John Deere Tractors, and would require no upgrade of their hydraulic systems.

These machines also provide the versatility of mowing along road shoulders up to roadside furnishings and across steep batters not normally accessible by slashers.

Council have received an indicative pricing schedule for these attachments which is approximately $70,000 per item.

Please note that guidelines have been issued under Section 23A of the Local Government Act titled “Council decision making during merger proposal periods”. Council must consider the guidelines in relation to each decision they make during the proposal period. 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 21 - DEVELOPMENT APPLICATION 2017/0055 FOR FARM STAY ACCOMMODATION UPON LOT 100 DP 1122908 BEING 299 NANCARROW LANE, NASHDALE.

REPORT IN BRIEF

 

Reason For Report

To obtain council resolution to refuse the development application as the application does not comply with the relevant planning provisions.

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\2017\03-2017-0055 - 794514

 

 

Recommendation

 

THAT:

 

1.   Development Application 2017/0055 for farm stay/bed and breakfast accommodation upon Lot 100 DP 1122908 being 299 Nancarrow Lane, Nashdale be refused as the use is not consistent with the approved purpose of the allotment as a rural industry; and

 

2.   The applicant and landowner be advised that condition 6 of the development consent for DA 2007/161 prohibits the use of the subject building for any form of residential use.

 

Director of Environmental Services' REPORT

 

ADVISORY NOTES

Record of voting

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

 

Political Disclosures

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

 

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

 

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

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

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

 

Nil planning application disclosures have been received. 

 

Nil public submission disclosures have been received. 

 

 

SUMMARY

The following report provides an assessment of the development application submitted for use of a ‘dwelling’ as farm stay/bed and breakfast accommodation on land described as Lot 100 in DP 1122908 being 299 Nancarrow Lane, Nashdale.

 

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

 

It is recommended that the application be refused.

 

Applicant: DC (Partners)Nominees Pty Ltd c/- Mark Smith

Owner:      Andrew B Gartrell

Application signed by Mark Smith as Power of Attorney

Proposal:  Farm stay accommodation

Location:   Lot 100 DP 1122908, 299 Nancarrow Lane, Nashdale

Zone:         RU2 Rural Landscape

 

Background

Lot 100 in DP 1122908 was registered in February 2008, and had been approved by council (DA 2007/161) as an allotment for the purpose of rural industry.

 

Condition 6 of the development consent for DA 2007/161 states that the dwelling located upon Lot 100 was to be used only as an office and that no residential use of the building was permitted. Lot 100 was approved under clause 15 of the Cabonne Local Environmental Plan 1991 for the purpose of a rural industry.

 

THE PROPOSAL

It is proposed to use an existing building (former dwelling) situated on a 2ha rural industrial allotment for the purpose of farm stay accommodation.

 

The proponent indicated in his Statement of Environmental Effects that the subject building (approved by development consent DA 2007/ 161) for office use only) is being used as a manager’s / worker’s residence.

 

It is proposed to utilize the building to provide four (4) bedrooms, with shared access to a kitchen, lounge, bathroom, laundry, library and workshop. A small office area is proposed. The building has access to a single carport.

 

Vehicular access to the property is from Nancarrow Lane.

 

The proponent states that the business would operate 7 days per week and indicates the hours of operation are 10am to 6pm daily. (As the aim of the business is farm stay accommodation it is assumed however that the proposed activity would actually operate daily, most likely being in use 24 hours a day).

 

The proponent also alludes to future site development in a range of intensive horticulture, rural industrial uses as well as further dwellings / accommodation, extensive areas of car and bus parking, on-site water storage and a camping ground. It should be noted that separate application would be required for intensification and variation to the current approved use of the land.

 

Subsequent to the lodgment of the Development Application on 10 October 2016 and correspondence issued by council on 24 October 2016, the proponent provided further correspondence dated 29 November 2016 in which he requested that the application be altered to a proposed use as a ‘mixture of tourist accommodation (B&B and/or Farmstay) together with a more limited rural industry but now viable administrative office (and start-up agronomic operation including support for glass house protected cropping).

  

Site Map

7044275

9239930

 

MATTERS FOR CONSIDERATION

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

 

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

 

Clause 1.2 Aims of the Plan

The broad aims of the LEP are as follows:

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

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

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

 

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

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

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

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

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

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

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

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

 

Clause 1.9A Suspension of covenants, agreements and instruments

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

·    Covenants imposed or required by council

·    Prescribed instruments under s183A of Crown Lands Act 1989

·    Any conservation agreement under National Parks and Wildlife Act 1974

·    Any trust agreement under the Nature Conservation Trust Act 2003

·    Any property vegetation plan under the Native Vegetation Act 2003

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

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

     

      Mapping

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

     

Land zoning map

Land zoned RU2 Rural Landscape

Lot size map

Minimum lot size N/A

Heritage map

Not a heritage item or conservation area

Terrestrial Biodiversity Map

No biodiversity sensitivity on the subject land

Flood planning map

Not within a flood zone

Natural resource – karst map

Not within a karst area

Drinking water catchment map

Is within a drinking water catchment area

Riparian land and watercourse map, groundwater vulnerability map

Groundwater vulnerable

Land reservation acquisition map

N/A

 

      These matters are addressed in the report following.

 

Cabonne Local Environmental Plan 2012

The subject land is zoned RU2 Rural Landscape by the Cabonne Local Environmental Plan 2012.  Farm stay accommodation is permissible within this zone, subject to Council’s development consent. Bed and breakfast accommodation is permissible land use.

 

Farm stay accommodation is defined in the Cabonne Local Environmental Plan 2012 as follows:

 

farm stay accommodation means a building or place that provides temporary or short-term accommodation to paying guests on a working farm as a secondary business to primary production.

 

Bed and breakfast accommodation is defined by the Cabonne Local Environmental Plan 2012 as:

bed and breakfast accommodation means an existing dwelling in which temporary or short-term accommodation is provided on a commercial basis by the permanent residents of the dwelling and where:

(a)  meals are provided for guests only, and

(b)  cooking facilities for the preparation of meals are not provided within guests’ rooms, and

(c)  dormitory-style accommodation is not provided.

Note. See clause 5.4 for controls relating to the number of bedrooms for bed and breakfast accommodation. Bed and breakfast accommodation is a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.

Clause 5.4 Controls relating to miscellaneous permissible uses provides as follows:

 

Bed and breakfast accommodation

If development for the purposes of bed and breakfast accommodation is permitted under this Plan, the accommodation that is provided to guests must consist of no more than 5 bedrooms.

Note. Any such development that provides for a certain number of guests or rooms may involve a change in the class of building under the Building Code of Australia.

 

The definition for bed and breakfast accommodation relates to ancillary use associated with a lawfully occupied residence.

 

Objectives of the RU2 Rural Landscape zone

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

 

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

·    To maintain the rural landscape character of the land.

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

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

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

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

 

The proposal however does not satisfy the definition for ‘farm stay accommodation’ and is inconsistent with the provisions of former Cabonne LEP 1991 which established the subject land for a specific land use being a rural industry.

 

The proposal does not satisfy the definition for ‘bed and breakfast accommodation’ and is inconsistent with the current approved land use of the site, established via the former Cabonne LEP 1991 for a specific land use being a rural industry.

 

The use of the building as an office in association with the approved rural industry conforms with the development consent issued at the time the allotment was created by subdivision.

 

Any alteration to the approved use as a rural industry for packaging and marketing cherries would require a separate development application for determination. It is noted that the proponent indicates a future use of the site for intensive horticulture including greenhouse construction, and a double storey industrial building incorporating viewing areas, restaurant, meeting rooms and underground parking. An assessment has not been undertaken on these activities as the current development application is specifically for tourism accommodation within an existing building.

 

Part 4 – Principal development Standards

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

 

Part 5 – Miscellaneous provisions

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

 

Part 6 – Additional local provisions

Clause 6.4 Groundwater vulnerability

The objectives of this clause are as follows:

 

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

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

 

The subject land is within an area of mapped moderately high – high groundwater vulnerability. The development as proposed is unlikely to have an adverse impact upon environmental issues relating to groundwater.

 

3626423

 

 

Clause 6.5 Drinking water catchments

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

 

Council is required to consider:

 

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

 

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

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

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

 

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

 

The proposal is unlikely to have an adverse impact upon drinking water catchments as no additional building works are proposed.

 

6744913

 

Clause 6.8 Essential services

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

 

a.   The supply of water

b.   The supply of electricity

c.   The disposal and management of sewerage

d.   Stormwater drainage, &

e.   Suitable vehicle access

 

REGIONAL ENVIRONMENTAL PLANS

 

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

 

STATE ENVIRONMENTAL PLANNING POLICIES

 

State Environmental Planning Policy 44 – Koala Habitat

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

 

State Environmental Planning Policy (Rural Lands) 2008

The Rural Lands SEPP applies to the Cabonne Council area. The SEPP requires Council to consider the existing and approved uses of land in the vicinity of the development (when it involves subdivision or dwellings), and whether or not the development is likely to have a significant impact on predominant or preferred land uses. The surrounding area consists of agricultural land that is predominantly used for horticulture.

 

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

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

 

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

 

Development Control Plan No 5 – General Rural Zones applies to this development. The development is not inconsistent with the DCP.

 

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

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

 

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

 

Should the development proceed it is considered that additional traffic movements will be generated, as guests arrive and depart, and for the servicing of the building.

 

The likely minor increase in traffic along Nancarrow Lane can be accommodated within the existing road infrastructure.

 

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

 

Physical Attributes and Hazards

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

 

DEVELOPMENT CONTRIBUTIONS

 

No contributions apply to the development.

 

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

 

The proposed development is not advertised development. The proposed development was not neighbourhood notified.

 

PUBLIC INTEREST s79C(1)(e)

 

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

 

CONCLUSION

The proposed development does not comply with the relevant land use permissibility for the RU2 zone of the LEP.  A section 79C assessment of the development indicates that the development is unacceptable in this instance.  It is recommended that the application be refused.

 

It should also be noted that no residential occupation of the building is permissible and that site’s lawfully approved purpose is for a rural industry with ancillary office.

 

‘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 refusal is not contrary to the guidelines.’

 

 

ITEM 22 - DEVELOPMENT APPLICATION 2017/0012 TWO LOT SUBDIVISION (BOUNDARY ADJUSTMENT), LOT 263 DP 750162 AND LOT 1 DP 1114093, ORANGE ROAD, MANILDRA

REPORT IN BRIEF

 

Reason For Report

To obtain council's refusal of the development application as it is inconsistent with clause 5.10 and 6.8 of the Cabonne LEP 2012.

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\2017\03-2017-0012 - 794594

 

 

Recommendation

 

THAT Development Application 2017/0012 for a two (2) lot subdivision (boundary adjustment) of Lot 263 DP 750162 and Lot 1 DP 1114093, Orange Road, Manildra be refused as the development is inconsistent with clause 5.10 and clause 6.8 of the Cabonne Local Environmental Plan 2012.

 

Director of Environmental Services' REPORT

 

ADVISORY NOTES

Record of voting

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

 

Political Disclosures

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

 

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

 

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

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

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

 

Nil planning application disclosures have been received. 

Nil public submission disclosures have been received. 

 

 

SUMMARY

 

The following report provides an assessment of the development application submitted for the subdivision (boundary adjustment) on the land described as Lot 263 DP750162 and Lot 1 DP 1114093, Orange Road, Manildra.

 

It is recommended that the application be refused as RMS have declined to issue concurrence for additional vehicular access to Orange Road.

 

Applicant: Oliver Bennie

Owner:      Oliver Clive Bennie and Sonya Maree Thornberry

Proposal:  Two lot subdivision (boundary adjustment)

Location:   Lot 263 DP750162 and Lot 1 DP 1114093,

Orange Road, Manildra

Zone:         R5 – Large Lot Residential

 

THE PROPOSAL

 

It is proposed to adjust the boundary between two existing allotments having areas currently of 1.297ha and 7,480m². The subject land is located on the eastern outskirts of Manildra. The Orange Road (MR 61) runs along the northern boundary of the land. The site is undulating and drains towards Flash Jacks Creek and the Mandagery Creek.

 

The area is largely cleared of native vegetation, with several isolated trees remaining. A new dwelling is located towards the southern boundary of Lot 1 DP 1114093. Lot 263 DP 750162 contains a new shed approved for use as an animal breeding facility (rodents for pet food). A heritage item is identified on the allotment, being the former Manildra Police Station building (item i152 schedule 5 Cabonne Local Environmental Plan 2012).

 

It is proposed to realign the property boundaries to provide the following allotments:

 

Lot

Area

Purpose

3

4,006m

Large lot residential

(includes former police station / heritage item)

4

1.65ha

Large lot residential (includes existing dwelling, storage sheds and animal breeding business)

 

The development application was lodged on 18 July 2016 and was referred to council’s Heritage Advisor and the RMS for comment. The proposal was neighbourhood notified for 14 days and comments sought.

 

Site Map

 

6611095

 

1312875

 

Proposed subdivision layout

 

MATTERS FOR CONSIDERATION

 

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

 

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

 

Clause 1.2 Aims of the Plan

The broad aims of the LEP are as follows:

 

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

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

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

 

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

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

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

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

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

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

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

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

 

Clause 1.9A Suspension of covenants, agreements and instruments

 

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

 

·    Covenants imposed or required by council

·    Prescribed instruments under s183A of Crown Lands Act 1989

·    Any conservation agreement under National Parks and Wildlife Act 1974

·    Any trust agreement under the Nature Conservation Trust Act 2003

·    Any property vegetation plan under the Native Vegetation Act 2003

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

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

 

Mapping

 

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

 

Land zoning map

Land zoned R5 Large Lot Residential

Lot size map

4,000m²

Heritage map

Contains a heritage item (i152 – former Manildra Police Station c1890s building)

Terrestrial Biodiversity Map

Has biodiversity sensitivity on the subject land

Flood planning map

Not within a flood zone

Natural resource – karst map

Not within a karst area

Drinking water catchment map

Not within a drinking water catchment area

Riparian land and watercourse map, groundwater vulnerability map

Not affected by riparian, watercourse or groundwater vulnerability

Land reservation acquisition map

NA

 

These matters are addressed in the report following.

 

Cabonne Local Environmental Plan 2012

 

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

 

Objectives of the R5 Large Lot Residential zone

 

The proposal is not contrary to the aims of the LEP or the objectives of the R5 zone.  The development relates to and is consistent with the zone objectives which seek to

 

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

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

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

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

 

Part 4 – Principal development Standards

Clause 4.1 Minimum lot size

The minimum lot size permissible for subdivision of land within the R5 zone east of Manildra is 4,000m². The proposed allotments comply with the minimum lot size standard as the proposed lots will have areas of 4,006m² and 1.65ha.

 

Part 5 – Miscellaneous provisions

Clause 5.10 Heritage Conservation

An item of heritage significance is located upon the subject land being identified in schedule 5 of the Cabonne Local Environmental Plan 2012 as i152 – former Manildra Police Station.


The Cabonne LEP 2012 specifies the consent authority must, before granting consent under clause 5.10 in respect of a heritage item or heritage conservation area, consider the effect of the proposed development on the heritage significance of the item or area concerned. This applies regardless of whether a heritage management document is prepared or a heritage conservation management plan is submitted.

 

The development application was referred to council’s Heritage Advisor for comment. The comments are provided below:

 

‘In view of the impacts on the significance of the LEP Listed heritage item, the subdivision is recommended for refusal in the present form. A strategy for resolving the issues was prepared for presentation to the applicant.’

 

The proposal as submitted does not provide a conservation management strategy or adequate assessment of the future use of the identified heritage building.

 

A search of the National Library of Australia Trove web site indicates that this building is possibly the only surviving building of the early Manildra settlement that was established east of Mandagery Creek and pre dates the current village area. The early Manildra settlement located east of the creek included a hotel, church, and store. This information is supported by local history included in the book ‘Manildra on the Mandagery’.

 

Initially constructed as a general store, the subject building became the police station and residence, replacing an earlier police station that had been located at nearby Meranburn. The east Manildra police station and residence remained in use until the 1930s when the current police station was constructed at the corner of Orange and Derowie streets.

 

Part 6 – Additional local provisions

 

Clause 6.3 Terrestrial biodiversity

 

The lot is mapped as being biodiversity sensitive land containing Mulga ironbark woodland on hills. The proposed subdivision does not require the removal of any trees.

 

515941

 

Clause 6.8 Essential services

Council must be satisfied that the following essential services are available to the development: -

 

a.   The supply of water

b.   The supply of electricity

c.   The disposal and management of sewerage

d.   Stormwater drainage, &

e.   Suitable vehicle access

 

Utility services are available to the existing dwelling and buildings located upon proposed Lot 4. Utility services can be provided to proposed Lot 4.

 

The RMS has not issued its concurrence to vehicular access arrangements for proposed Lot 3. A significant safety issue affects the proposed access point due to its proximity to a 90-degree bend in the Orange Road (MR 61).

 

REGIONAL ENVIRONMENTAL PLANS

 

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

 

STATE ENVIRONMENTAL PLANNING POLICIES

 

State Environmental Planning Policy 55 – Remediation of land

This SEPP applies to the land. No soil contamination testing has been undertaken for the proposed Lot 3. A detailed history of the use of the subject land, other than as a store and a police station, is unknown. Based on the two known land uses it is considered unlikely that site contains contaminated land. The matter may be considered further should additional development be proposed for the holding.

 

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

 

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

 

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

 

Development Control Plan 6 – Rural Small Holdings applies to this land. The subdivision is not inconsistent with the DCP.

 

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

 

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

 

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

 

Siting /location

 

The proposed subdivision is located on the eastern approach to the village of Manildra and is set within an area of established large lot residential allotments.

 

The proposal seeks to effect a boundary adjustment between two allotments. The future use of proposed Lot 3 has not been specified. Proposed Lot 4 contains a dwelling, storage sheds and animal breeding business.

 

Access and traffic

 

The development proposal was referred to the RMS for comments as lawful access to proposed Lot 3 is sought off a classified road being Orange Road (MR62). The proposed vehicular access point is in close proximity to a 90-degree bend and does not achieve the minimum safe intersection sight distance necessary to provide a high level of safety between turning and through traffic on Orange Road.

 

The RMS in correspondence dated 31 August 2016 requested that the proponent amend the subdivision plans to show all vehicular access to the development obtained via the existing vehicular access from Orange Road (and servicing Lot 1 DP 1114093 being the location of continued access for proposed Lot 4. The RMS comments have been referred to the proponent however amended plans have not been forthcoming.

 

The RMS has not provided its concurrence to the development proceeding, therefore council is unable to consider a determination of the application for approval.

 

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 and no submissions were received during the notification phase.  

 

PUBLIC INTEREST s79C(1)(e)

 

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

 

CONCLUSION

 

The proposed development is permissible with the consent of Council. The development complies with the relevant aims, objectives but is inconsistent with clause 5.10 and 6.8 of the LEP.  A section 79C assessment of the development indicates that the development is not acceptable in this instance.  The application is recommended for refusal.

 

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 refusal is not contrary to the guidelines.

 

ITEM 23 - DEVELOPMENT APPLICATION 2016/0128 FOR PROPOSED OPEN CUT MINE (LIMESTONE MINE) AND ANCILLARY PROCESSING - PROPOSED LOTS 100 & 101 IN SUBDIVISION OF LOT 2 DP 590034, LOT 136 DP 664861 AND LOT 137 DP 652082, BEING LAND KNOWN AS 115 CANOMODINE LANE, CANOWINDRA.

REPORT IN BRIEF

 

Reason For Report

For determination of council due to submissions 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.  Notice of Consent

2.  Westlime Pty Ltd document to support    

File Number

\Development Applications\DEVELOPMENT APPLICATION\2016\03-2016-0128 - 797079

 

 

Recommendation

 

THAT Development Application 2016/0128 for an open cut mine (limestone mine) and ancillary processing upon land describes as proposed Lots 100 & 101 in a subdivision of Lot 2 DP 590034, Lots 136 DP 664861 and Lot 137  DP 652082, known as 115 Canomodine Lane, Canowindra, be granted consent subject to the conditions attached.

 

Director of Environmental Services' REPORT

 

ADVISORY NOTES

Record of voting

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

 

Political Disclosures

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

 

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

 

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

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

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

 

No planning application disclosures have been received. No public submission disclosures have been received. 

 

 

Introduction

 

The following planning assessment report was included in the council’s November business paper. The proponent addressed the council at its meeting and requested the item be deferred and invited the councillors to carry out a site inspection prior to consideration of the application. Council resolved accordingly. A site inspection was undertaken on 6 December 2016.

 

The proponent has submitted correspondence seeking variation to three draft conditions of consent (copy attached). Variation is sought to the following conditions:

 

Condition 10 – Biodiversity Offset area

The proponent seeks approval for a Biodiversity offset area of 41.3 ha rather than the requirement for a minimum area of 55ha as previously recommended by the NSW Department of Environment and Heritage.

 

Condition 20 – Road design and construction (Canomodine Lane)

The proponent seeks a reduction in the road surface seal from 10m down to 8m)

 

Condition 28 – Road upgrades

The proponent seeks approval to commence mining and processing activity onsite prior to completion of road system upgrade works, to enable road base to be provided from the site for the roadworks.

 

Planning assessment report

The following report provides an assessment of the development application 2016/128 submitted for an open cut mine (limestone mine) upon proposed Lots 100 and 101 in a subdivision of Lot 2 DP 590034, Lot 136 DP 664861 and Lot 137 DP 652082, being land known as 115 Canomodine Lane, Canowindra.   

 

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

 

Applicant:          Westlime Quarries Pty Ltd

(Aidan, Andrew and Nick Commins)

Owner:               Phillip Wythes

Proposal:           Open cut mine

Location:            Proposed Lots 100 and 101 in a subdivision of Lot 2 DP 590034, Lot 136 DP 664861 and Lot 137 DP 652082, being land known as 115 Canomodine Lane, Canowindra.   

Zone:                  RU1 Primary Production

Capital Value:   $4,500,000

 

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

 

Summary

Westlime Quarries Pty Ltd proposes to establish and operate an open cut limestone mine upon part of a rural holding located approximately half way between Cargo and Canowindra, accessed off Canomidine Lane. Westlime proposes to extract and process on-site up to 250,000 tonnes per annum of limestone over a period of 27 years, for sale and distribution locally and regionally.

 

Description of site

The development is located 13km north east of Canowindra and is described as proposed Lots 100 and 101 in a subdivision of Lot 2 DP 590034, Lot 136 DP 664861 and Lot 137 DP 652082, being land known as 115 Canomodine Lane, Canowindra.   The subject holding has an area of 218.3ha, of which the project area for the mine occupies an irregular shaped area of 12.3ha at the eastern end of the property, with a 43ha Biodiversity Offset area generally located along the northern section of the holding.

 

Surrounding land is typically utilized for grazing and cropping activities (extensive agriculture). The nearest dwelling to the proposed mine is located within the property approximately 1,150m to the south west. The nearest dwelling not associated with the proposed mine is located 1,450m to the south west of the mine.

 

The subject property has been used for agriculture, grazing and cropping. The site contains cleared farm land, limestone outcrops and remnant native vegetation. The remnant vegetation areas are classified as Endangered Ecological Community under the NSW Threatened Species Act 1995 and the Commonwealth Environmental Protection and Biodiversity Conservation Act 1999. An item of Aboriginal cultural significance has been identified upon the holding. A section of the proposed mine area has previously been subject to a small scale bauxite mine, the former mine now collapsed.

 

9788459Site map

 

7806004Aerial view of site

 

THE PROPOSAL

The applicant seeks development consent for an open cut mine (limestone mine) upon land currently known as 115 Canomodine Lane, Canowindra.  The area of the proposed mine has extensive outcrops of limestone and is subject to karst development with sinkholes and solution features located throughout the site.

 

Laboratory testing of the limestone indicated the purity of the limestone observed at surface level extends at least to a depth of 21m and that the material is generally high purity and likely to be suitable for the following uses:

·    Agricultural lime

·    Concrete aggregate

·    Cement manufacture

·    Plastics filler

·    Steel making flux

·    Soda ash manufacture

 

Further site drilling indicated clay filled cavities within the limestone with no groundwater intercepted in any of the drill holes.

 

The proposal involves the extraction and processing of limestone with an annual maximum production of 250,000 tonnes with an average annual production of 150,000 tonnes. The extraction process will be by blast and drill techniques within an open cut mine operation. Material would be extracted by an excavator or front end loader and transported to the processing plant using off-road trucks.

 

The proposal would provide:

·    extraction of up to 250,000 tonnes per annum of limestone and related material from the site for a period of 27 years

·    processing on-site of the extracted material to produce a range of products including agricultural lime

·    transportation of that material via the existing network of public roads

·    ancillary activity including construction and use of site infrastructure

 

The development would comprise of:

·    Construction of internal haul road, site clearing and infrastructure establishment

·    Construction of an access road intersection off Canomodine Lane and into the mine site

·    Upgrade and sealing of Canomodine Lane from the site access road west to the intersection with Cargo Road, including construction within the Canomodine Lane road reserve of a truck holding area and a school bus stopping area. A designated area, located either within the Canomodine Road reserve or upon the land owner’s holding is to be established as a sealed truck holding bay to accommodate traffic arriving prior to the 6am opening time of the mine. Canomodine Lane is to upgraded and sealed, with a pavement life of 27 years. It is noted that currently Canomodine Lane is not an authorized B-Double truck route.

·    Upgrade of the intersection of Canomodine Lane and Cargo Road (MR237)

·    Upgrade of Cargo Road (MR237) to the south west of its intersection with Canomodine Lane, including construction of vehicle turn lanes and road works to improve sight distance. The road in the vicinity of an existing rise is to be lowered approximately 1.9m to facilitate adequate sight distance for traffic

·    Extraction of limestone and weathered material within a 12.7ha area over a span of 27 years to a maximum extraction rate of 250,000 tonnes per annum

·    On-site crushing, screening, grinding and stockpiling of extracted materials for uses including road base, agricultural lime, industrial carbonate, horticultural products and general fill. The processing operation requires establishment of crushing and screening plant, 500 tonne silo, associated hopper and conveyor, ball mill and associated classifier and lime shed with a fine grinding circuit within the lime shed.

·    Transportation of product from the site using rigid trucks, truck and dog, semi-trailers and B-Double trucks

·    Establishment of ancillary infrastructure including water management structures, workshop, weighbridge and on-site offices

·    Construction and rehabilitation of final landform that would be geotechnical stable and suitable for grazing land use

 

The mine site is proposed to operate between 6am and 6pm Monday to Friday with product grinding operations to occur 24 hours daily. Between 8 and 12 persons will be employed at the mine, with additional employment to truck drivers and other contractors. Traffic generation from transport of limestone product from the site is estimated at an average of 15 truck (30 vehicle movements) per day reaching a maximum of 60 trucks (120 vehicle movements) per day. At maximum operation truck movements are calculated as 10 trucks (20 vehicle movements) per hour.

 

The proponent indicates that all laden trucks leaving the site would make left hand turns from Canomodine Lane onto Cargo Road travelling towards the Cudal – Canowindra Road. At the Cudal - Canowindra Road an estimated 80% of truck traffic would travel south through Canowindra with 20% of trucks travelling north towards Cudal. The proponent further indicates that unladen trucks would approach the site from the Canowindra approach with access from the northern approach denied. Light vehicles would enter Canomodine road from both approach directions.

 

The proponent has indicated that they are prepared to enter into an agreement with council for the payment of monetary contributions to the council for the ongoing maintenance of the local road system impacted by the mine traffic (Cargo Road between Canomodine Lane and the Canowindra-Cudal road intersection) for the life of the mine. The proponent proposes to upgrade Canomodine Lane from its intersection with Cargo Road to the eastern side of the mine access road, and to maintain that section of road pavement for the life of the mine.

 

The extraction operation would be implemented in the following stages:

·    Initial 12 months – site establishment

·    Years 1-5 eastern extraction area cleared, temporary processing and stockpile areas constructed, installation of mobile processing plant, construction of site access road and temporary stage 1 access road, work within the local road reserves, construction of Ball Mill and associated infrastructure, production commenced and stockpiling of ground lime products, install fixed crushing and screening plant.

·    Years 6-9 extension of extraction area west northwest, introduction of permanent mining fleet and establishment of multiple operational benches.

·    Years 10-27 ongoing development of extraction area to full approval extent and progressive rehabilitation of completed sections of the mine area.

·    Years 27-30 site rehabilitation operations

 

The final floor of the open cut mine area would be 28m lower than the existing surface level.  Blasting will be undertaken only during the hours of 9am and 5pm Monday to Saturday, with no more than one blast scheduled per day. A protocol for liaising with neighbours to advice of the blasting schedule, and to provide an environmental complaints hotline contact number will be implemented as part of the mine operation procedures.

 

Limestone material will be transported from the excavation site to the processing area where material will be crushed and milled, then stored prior to sale and transportation off site. Equipment required on-site will include a primary jaw crusher, one or more mobile crushers, screening crusher(s) and conveyors, fixed processing plant.

 

Extracted material will be transferred from the mine area to the processing plant and will be loaded into a hopper and processed through a primary and secondary crusher then screened and stockpiled. The material will then be loaded into a hopper feeder to a silo and passed into the ball mill. A fine grinding circuit is to be added to the procedure to produce ultra-fine product.

 

 

Potable water is to be transported to the site for purposes of drinking water supply. Rain water collection and tank storage will provide water supply to amenities Primary water source for operational activities will be from surface water collected in a sediment basin and pumped for use within the processing operation. The proponent also proposes to construct a bore in the vicinity of the workshop, subject to obtaining a Water Access License and the purchase of sufficient water allocation to ensure an adequate operational water supply. The approval for the production bore has been deferred from the current application. Water sources for initial site works ie dust suppression, is to be provided via water trucked to the site and stored in tanks.

 

Power is to be provided to the site by installation of an on-site power generation by way of two silenced diesel powered generators. The plant will service the crushing and screen plant, grinding plant and workshop. The crib room, office, water treatment plant, weighbridge and ancillary infrastructure are to be provided with solar power and if required, battery backup.

 

All site communication would be provided by mobile phone or two-way radio links.

 

Other than concept plans, no detailed plans or elevations have been provided with the development application for any of the proposed buildings or structures. All building works (other than exempt development criteria) will require separate submission of development applications and construction certificates to the relevant authority.

 

The subject land contains Endangered Ecological Community (EEC) being White Box – Blakely’s Red Gum - Yellow Box grassy woodland of the NSW south western slopes bioregion and derived tussock grasslands of the central western plains and lower slopes of NSW. The proponent proposes to implement a Biodiversity Offset Strategy to compensate for the disturbance of native vegetation. An off-set of 43.3ha is proposed and is to be secured through a conservation Property Vegetation Plan to be prepared under the Native Vegetation Act 2002. The plan is to be submitted by the land owner to the Central Tablelands Local Land Services for assessment.

 

The proponent will establish and facilitate a Community Consultative Committee in accordance with the guidelines issued by the Department of Planning – Guidelines for establishing and operating community consultative committees for mining projects, June 2007 (currently subject to review). The facilitation of a committee ensures transparent community engagement between the mine operators, nearby residents and the local council. 

 

The socio economic impact of the proposed mine includes employment of between 8 and 12 persons, with additional employment for contract transportation personnel, ongoing contributions to the local / regional / State economies through approximately $3.5m in wages and salaries/ purchase of goods and services, contractors/suppliers, rates and taxes.

 

The proposed development is classified as ‘Designated Development’ under clause 25 of schedule 3 of the Environmental Planning and Assessment Regulations 2000 as the development would result in disturbance of more than 2ha of land. The development does not trigger Regional or State Significance and may be determined by council as the local consent authority.

 

The proposal is considered to be Integrated Development under s91 of the Environmental Planning and Assessment Act 1979.

 

Background

On 5 June 2015 a planning focus meeting was facilitated by RW Corkery & Co on behalf of the proponent. A briefing meeting was held at the Cargo Hall prior to a site familiarization visit.

 

In August 2015 the land owner lodged an application for a two (2) lot subdivision of the subject property to create proposed Lot 100 having an area of 118.32ha contained cultivated farm land and an existing dwelling with ancillary outbuildings. Proposed Lot 101 has an area of 100ha and contains the proposed mine site and farm land. Development Consent was granted on 11 February 2016, and a modification to the application approved on 6 April 2016. An access compliance certificate was issued for provision of vehicular access to proposed Lot 101 on 16 August 2016. The subdivision has not been registered with the Lands Tiles Office to date.

 

Approved subdivision of subject land

 

Development Application 2016/128 and associated Environmental Impact Statement for the establishment of a limestone mine and ancillary material processing was lodged with council on 7 April 2016. The application was referred as designated and integrated development on 11 April 2016 to the NSW Department of Industry Division of Resources and Energy, NSW Office of Environment and Heritage, NSW Roads and Maritime Services, NSW Office of Water and NSW Environment Protection Authority. Additional information was subsequently sought by EPA, RMS, DPI Water, and OEH.

 

The application was advertised and also neighbourhood notified on 12 April 2016 with public submissions received up until 5pm on 13 May 2016.

 

The state agency and public submissions were forwarded to the proponent for comment and a Response to Submissions was received August 2016. The Response to Submissions document was circulated to the State agencies for further review.

 

General terms of approval were issued by EPA on 4 May 2016, Department of Industry on 13 May 2016, OEH on 29 August 2016, DPI Water on 30 August 2016, and RMS on 21 October 2016.

 

Amendments to the initial development proposal

The Response to Submissions document amended the development proposal by including a small parcel of Crown land (unnamed) within the project site that previously had not been identified on public cadastral databases.

 

The biodiversity offset area was amended by increasing the 41.3ha offset area by 2ha to account for a possible future dwelling to be sited upon the property. It should be noted that no development consent for a dwelling has been obtained, nor is there a requirement of the subdivision DA 2016/028 for a Building Envelope to be registered upon the approved agricultural allotment being proposed Lot 101.

 

The proposed production bore has been withdrawn from the current application. Instead the proposed bores identified as MB1, MB2, Site A and Site B will be constructed as monitoring bores only, with applications for a test bore and production bore to be separately submitted at a later time based upon the results of the monitoring bores. The proponent intends to truck water to the site for use during the initial construction phase. 

 

Mine lease area and proposed biodiversity offset areas

 

 

Proposed activities – project site

 

PLANNING ASSESSMENT

Legislative requirements (Environmental Planning & Assessment Act 1979)

Designated Development (Environmental Planning & Assessment Regulations 2000)

 

The proposed development is considered to be Designated Development as per the Environmental Planning & Assessment Regulation, 2000, Part 1 of Schedule 3 Designated Development, 20 Limestone mines and works:

 

(1) Limestone mines or works that disturb a total surface area of more than 2 hectares of land (being land associated with a mining lease or mineral claim under the Mining Act 1992 ) by:

(a) clearing or excavating, or

(b) constructing dams, ponds, drains, roads, railways or conveyors, or

(c) storing or depositing overburden, limestone or its products or       tailings.

(2) Mines that mine or process limestone and are located:

(a) in or within 40 metres of a natural waterbody, wetland, a drinking water catchment or an environmentally sensitive area, or

(b) if involving blasting, within 1,000 metres of a residential zone or within 500 metres of a dwelling not associated with the mine, or

(c) within 500 metres of another mining site that has operated within the past 5 years.

(3) Limestone works (not associated with a mine):

(a) that crush, screen, burn or hydrate more than 150 tonnes per day, or 30,000 tonnes per year, of material, or

(b) that are located:

(i) within 100 metres of a natural waterbody or wetland, or

(ii) within 250 metres of a residential zone or a dwelling not associated with the development.

 

The development proposal is for a limestone mine that will disturb a total surface area of more than 2ha of land, being a proposed extraction area of 12.3ha.

 

Integrated development (s91 Environmental Planning & Assessment Act 1979.

 

The development is considered to be Integrated Development as defined under section 91 of the Environmental Planning & Assessment Act 1979 as an Environmental Protection License is required to operate the mine.

 

In addition to development consent under the Environmental Planning & Assessment Act 1979, the proponent will also be required to obtain an Environmental Protection License under the Protection of the Environmental Operations Act 1997, Mining (Mineral Owner) Lease, Controlled Activity Permit under s91 Water Management Act 2000 and a s138 permit under the Roads Act 1993.

 

ASSESSMENT (s79C(1))

MATTERS FOR CONSIDERATION

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

 

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

 

Clause 1.2 Aims of the Plan

The broad aims of the LEP are as follows:

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

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

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

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

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

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

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

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

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

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

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

 

Clause 1.9A Suspension of covenants, agreements and instruments

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

·    Covenants imposed or required by council

·    Prescribed instruments under s183A of Crown Lands Act 1989

·    Any conservation agreement under National Parks and Wildlife Act 1974

·    Any trust agreement under the Nature Conservation Trust Act 2003

·    Any property vegetation plan under the Native Vegetation Act 2003

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

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

                  

      Mapping

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

     

Land zoning map

Land zoned RU1 Primary Production

Lot size map

Minimum lot size - NA

Heritage map

Not a heritage item or conservation area

Terrestrial Biodiversity Map

Has biodiversity sensitivity on the subject land

-     Endangered Ecological Community,  Blakeley’s Red Gum - Yellowbox grassy woodland

Flood planning map

Not within a flood zone

Natural resource – karst map

Within a karst area

Drinking water catchment map

Not within a drinking water catchment area

Riparian land and watercourse map, groundwater vulnerability map

Riparian, watercourse or groundwater vulnerability

Land reservation acquisition map

NA

 

      These matters are addressed in the report following.

 

Cabonne Local Environmental Plan 2012

The subject land is zoned RU1 Primary Production by the Cabonne Local Environmental Plan 2012.  An open cut mine (limestone mine) is permissible within this zone, subject to Council’s development consent.

 

Objectives of the RU1 Primary Production zone

The proposal is not contrary to the aims of the LEP or the objectives of the RU1 zone.  The development is considered to be not contrary to the zone objectives which seek to

 

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

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

·    To minimise the fragmentation and alienation of resource lands.

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

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

 

Part 6 – Additional local provisions

Clause 6.3 Terrestrial biodiversity

The objective of this clause is to maintain terrestrial biodiversity by:

a.   Protecting native fauna and flora, and

b.   Protecting the ecological processes necessary for their continued existence, and

c.   Encouraging the conservation and recovery of native fauna and flora and their habitats.

 

The subject land is identified as having terrestrial biodiversity, Endangered Ecological Community - Blakely’s Red Gum -  Yellowbox Woodland and derived tussock grassland. 

 

The EIS identifies that vegetation communities disturbed by the development proceeding relate to approximately 16.4ha of White Box – Blakely’s Red Gum – Yellow Box grassy woodland of the NSW South Western Slopes Bioregion, an Endangered Ecological Community (EEC) under the NSW Threatened Species Conservation Act, 1995, and approximately 1.76ha of Derived tussock grasslands of the central western plains and lower slopes of NSW.

 

This terrestrial biodiversity is a predominantly located on the eastern side of the site being the area proposed for the open cut mine.

 

The EIS indicated twenty-two (22) species and two (2) EECs listed under the Threatened Species Conservation Act have potential to occur within the subject area, and seven (7) protected species listed under the Commonwealth Environmental Protection and Biodiversity Act 1999.

 

The EIS indicates that with the implementation of management and mitigation measures, the proposed development was considered to be unlikely to have a significant impact on any of the identified species or EEC.

 

It is considered that land clearing in association with this development requires council’s development consent. The assessment of clearing vegetation forms has been addressed in the EIS, the RTS and within this report.

 

It is proposed to implement a Biodiversity Offset Strategy to offset vegetation clearing impacts, including a proposed 43ha biodiversity offset area. The Office of Environment and Heritage (OEH) have reviewed the EIS and RTS and are not satisfied that the offset strategy as proposed adequately offsets the impact to Box Gum Woodland EEC. OEH recommend additional areas of Box Gum Woodland EEC or derived native grassland be sourced to provide a minimum offset area of 55ha. A recommendation based upon the OEH recommendations is included in the draft notice of approval.

 

The proposal is not inconsistent with clause 6.3 terrestrial biodiversity.

 

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Clause 6.4 Ground water vulnerability

 

The objectives of this clause are as follows:

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

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

 

The proponent has addressed the hydrogeology of the area in the submitted EIS and demonstrated that appropriate measures can be implemented to ensure the protection of the groundwater within the area.

Clause 6.6 Riparian land and watercourses

The objective of this clause is to protect and maintain the following:

(a)  water quality within watercourses,

(b)  the stability of the bed and banks of watercourses,

(c)  aquatic and riparian habitats,

(d)  ecological processes within watercourses and riparian areas.

 

The submitted EIS addresses the mitigation measures proposed to ensure the protection of water quality, particularly associated with the nearby Grove Creek.  There is potential for runoff from the development and this is proposed to be managed by erosion and sediment control, sediment basin and  on-site clean water diversion.

 

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Clause 6.7 Land affected by karst

The objective of this clause is to ensure that development, in areas of subsidence risk from karst, matches the underlying geotechnical conditions of the land, is restricted on unsuitable land and does not endanger life or property.

 

The proposal satisfies the development standard. The area forms part of a karst environment, with known caves situated in similar geology nearby. The EIS notes presence across the development sit of solution cavities and sink holes. The proponent is encouraged to engage with geologists and speleologists in the event that a cave or cave system is located during mining activity.

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COMMONWEALTH LEGISLATION

Environmental Protection & Biodiversity Conservation Act 1999

An ecological assessment by OzArk Environmental Heritage and Management Pty Ltd accompanied the EIS. The report confirmed that the proposed development would not adversely impact upon any matter of natural environmental significance.

 

REGIONAL ENVIRONMENTAL PLANS

 

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

 

STATE ENVIRONMENTAL PLANNING POLICIES

 

State (State and Regional Development) 2011. The proposal does not meet the capital investment value threshold for assessment as either State or regional development.

 

State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007 specifies matters requiring consideration in an assessment of any mining, petroleum or extractive industry. The proposed open cut mine meets the relevant aims of the Policy with regard to orderly economic use of land, while addressing the ecological and environmental issues. The proposal is permissible with consent where agriculture may be carried out. The ancillary processing is a permissible use.

 

While there are extensive areas of land available for agricultural activity, there are limited areas for mining of limestone on a commercially viable scale. The proponent in the EIS has committed to rehabilitation of the subject land at the conclusion of the operation.

 

If approved the mine will be subject to conditions of consent including General Terms of Approval (GTA) by EPA and RMS.

 

Access to the site will be by public roads, there being no alternative form of transport option available to the proponent.

 

State Environmental Planning Policy (Infrastructure) 2007. The development does not meet the 200 or more vehicle movements per day criteria for consideration under the SEPP, however the application was referred to RMS for comment and GTA.

 

State Environmental Planning Policy No. 33 Hazardous and offensive development

The proposed development is not classified as a potential hazardous or offensive industry. It is noted that the site will however store diesel, oils and hydrocarbon goods, as well as explosives. These goods will be stored ion-site in controlled areas.

 

State Environmental Planning Policy No. 44 – Koala Habitat Protection applies to the Cabonne Council area. There are no known sightings of koalas in the locality of the subject land. The OzArk ecological report submitted with the EIS concluded that sporadic transient koala movements may occur in the project site.

 

State Environmental Planning Policy No. 55 Remediation of Land. The subject land has been utilized for agriculture, in particular livestock grazing, and it is considered that the historical land use is unlikely to have resulted in land contamination.

 

State Environmental Planning Policy (Rural Lands) 2008

The relevant aim of this policy relates to ‘measures designed to reduce land use conflicts’. The proposal is not contrary to the rural planning principles as noted in part 2 of the SEPP.

 

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

 

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

 

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

 

Development Control Plan No 5 – General Rural Zones applies to this development. The proposal generally complies with the DCP provisions.

 

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

As described within this report, various matters regarding the nature of the proposal, the consent authority and advertising have been addressed.

 

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

 

Context & Setting

The proposed mine site is located in an area of south sloping undulating hills situated between two northeast- southwest ridgelines. The site is surrounded by grazing and cultivation land. To the east are Cargo and Canomodine creeks which flow into the Belubula River 3km to the south of the subject land. Two unnamed watercourses transect the subject land.

 

To the east of the site is Black Rock Ridge, while Mount Canobolas is situated to the north east of the area. The village of Cargo is located approximately 13km to the north of the subject land. Canowindra is located approximately 13km to the south west.

 

Five dwellings are located within a radius of 3km of the proposed mine. The nearest residence is located xxm from the mine lease area and is occupied by the owner of the subject land. Central Tablelands Water infrastructure is located adjacent to Canomodine Lane with a pump station located immediately west of the mine site.

 

Adequate measures can be undertaken to minimse any adverse impact upon adjacent land as a result of the development proceeding, and the proposal is considered to be appropriate in terms of addressing context and setting.

 

Separate development consent will be required for any proposed structural building works including the weighbridge, site office, amenities, crib room, workshop any proposed storage shed that does not satisfy provisions for exempt and complying development. Approval will also be required under the Local Government Act 1993 for the proposed on site waste management system. Separate approval may also be required for any proposed advertising sign / business identification signage.

 

Hours of operation

The table below presents the proposed hours of operation of the mining activity.

 

Activity

Monday to Friday

Saturday

Sunday

Site establishment

6am – 6pm

6am – 3pm

Nil

Blasting

9am – 3pm

9am – 3pm

Nil

Extraction

6am – 6pm

6am – 3pm

Nil

Crushing & screening

6am – 6pm

6am – 3pm

Nil

Grinding

24 hrs daily

24 hrs daily

24 hrs daily

Loading and transportation

6am – 6pm

6am – 6pm

Nil

Rehabilitation

6am – 6pm

6am – 6pm

Nil

Note – operation on Public Holidays as per proposed hours for Sunday. No variations proposed for extended Day Light Savings / summer time.

 

Flora and Fauna

Flora and fauna studies of the site identified 68 flora species comprising 42 native species and 26 exotic species, and 43 vertebrate species were recorded comprising 30 bird species including two (2) threatened species and 13 mammal special including four (4) threatened species.

 

No threatened flora species were recorded during the field surveys.

 

The recorded threatened fauna species were identified as:

·    Large eared pied bat (Chalinolobus dwyeri)

·    Little pied bat (Chalinolobus picatus)

·    Eastern bent-wing bat (Miniopterus schreibersii oceanensis)

·    Yellow-bellied sheathtail bat (Polytelis swainsonii)

·    Barking owl (Ninox connivens)

 

The proposed development will have direct and indirect ecological impact resulting in the disturbance of approximately 16.4ha of White Box – Blakeley’s Rd Gum – Yellow Box grassy woodland and approximately 1.76ha of derived tussock grasslands. The proponent proposes to implement a Biodiversity Offset Strategy to compensate for the disturbance of the vegetation communities. The proposed Biodiversity Offset area would have an area of 43.3ha and would include 13.48ha of grassy woodland, 29.42 ha of derived tussock grasslands and 0.4ha disturbed/cropped land. The area may at a later date be reduced by 2ha to accommodate a potential future development by the landowner (possible future dwelling) thus reducing the tussock grassland offset area and providing a revised overall total area of 41.3ha.

 

The proponent and the land owner propose to secure a Biodiversity Offset Area through a Conservation Property Vegetation Plan prepared under the Native Vegetation Act 2003. The plan would be submitted to, and administered, by the Central Tablelands Local Land Services. Approval of the Property Vegetation Plan would be obtained prior to any site disturbance. Annual reporting will be provided as a mechanism to assess the management of the Biodiversity Offset area.

 

Cultural heritage

One potential Aboriginal heritage significance area was identified within the project area and will not be impacted by the development. A buffer area, and fence is to be installed to protect the site.

 

Access & Traffic

The access to the site for all vehicles will be from Cargo Road (MR237) into Canomodine Lane and then to the site. Significant road upgrading is proposed for Canomodine Lane and Cargo Road, with proposals for construction of a sealed internal haul road to service the development.

 

The development proposal was referred to the RMS for terms of concurrence and all RMS conditions have been included in the attached draft Notice of Consent.

 

Predicted traffic volumes would result in an average of an additional 24 light vehicle movements and 18 heavy vehicle movements per day during construction, and an average of an additional 18 light vehicle movements and 32 heavy vehicle movements per day during operations. In addition to heavy vehicle haul trucks the traffic generators include plant delivery vehicles, and fuel delivery vehicles.

 

The development will require construction of a basic right turn treatment is to be provided to Cargo Road at its intersection with Canomodine Lane. The widened road shoulder is to be sealed and built for a 100km/hr speed environment to provide a reasonable level of safety for traffic turning right into Canomodine Lane and to allow following traffic to pass on the left hand side.

 

A basic left turn treatment is to be provided in Cargo Road at its intersection with Canomodine Lane. This facility will need to be sealed and built for a 100km/hr speed environment. The intersection is to be designed to accommodate the turning path of the largest vehicle required to access the mine.

 

Upgrading of Canomodine Lane and Cargo Road in the vicinity of the intersection is required. Road widening and clearing of vegetation will be undertaken, along with reducing the Cargo Road crest located to the immediate south west of the Canomodine Lane intersection.

 

The increased heavy haul traffic will have an impact upon the wear of the road system exacerbating existing pavement defects and reducing the effective pavement life. A road maintenance levy is to be negotiated between council and the proponent and would be applied to the development for the life of the mine.

 

The development requires the relocation of two school bus stops currently located within the area of the intersection of Canomodine Lane and Cargo Road. The proponent proposes the relocation of the two bus stops, and it is noted that RMS require that the school bus bay adjoining the Cargo Road northbound travel lane be located on the departure side of the intersection and not as shown in the proposed plans as being located on the approach side.

 

The proponent indicates that a truck parking area is to be installed along part of Canomodine Lane. Should a parking area be required, to accommodate trucks arriving at the mine before the 6am commencement time, that the parking area be provided within the subject property and not upon the council road reserve. A condition of consent addresses this issue.

 

The Canowindra Limestone Project Transport Assesement prepared by Constructive Solutions Pty Ltd and dated March 2016 forms part of the submitted EIS.  Its summary of road and traffic mitigation measures is provided below:

 

Location

Recommendations

Responsibility

General

·      A construction traffic management plan shall be developed in consultation with council and RMS to alleviate the impacts of traffic generated by the construction phase and the associated roadworks

·      The nominated roadworks shall be complete prior to the transport of limestone from the site (other than road pavement materials)

·      A Driver’s Code of Conduct shall be developed. The location of all current school bus pick up and drop off locations shall be adequately conveyed to all heavy vehicle operators

·      Procedures shall be put in place to ensure that haulage vehicles are not overloaded and all haulage vehicles should be tarped

Proponent

Canomodine Lane (SR171)

·      SR171 shall be upgraded to provide an 8m seal on a 10m formation. The pavement and wearing course shall be designed to accommodate the ‘design traffic’ for the mine life

·      The mine access intersection with SR171 shall be constructed and shall meet a rural BAL/BAR standard. Suitable dimensional capacity shall be provided.

·      A sealed storage bay shall be provided for incoming haulage vehicles arriving prior to 6am.

Proponent

Cargo Road (MR237)

·      A s94 contribution shall be negotiated with council to meet the costs of upgrading and maintaining sections of MR237 commensurate with the impact of the heavy vehicles associated with the proposal. This should include any minor works associated with meeting the BAR standard at the intersection of the Canowindra – Cudal Rd (MR310)

·      It is recommended that this contribution be structured as a rate per tonne of product per kilometer

·      As assessment of the route shall be undertaken with Cabonne Council, the RMS, ad the National Heavy Vehicle Regulator for gazettal of this section of road for B-double vehicle use. Specific measures resulting from this assessment would also need to be addressed.

·      The intersection of MR 237 with SR171 shall be upgraded to a BAL/DAR intersection with suitable dimensional capacity. The crest shall be removed to the extent required to achieve the required SISD for all turn manoeuvres. A bus stop shall be incorporated in either direction

Proponent and council

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Proponent

 

Visual amenity

The proposed mine site is set within a rural landscape, and given the location within a valley, is effectively screened by topography. The mine would be visible from rural land to the norther and east of Grove Creek.

 

Given the rural setting, intrusion of night lighting of the mine operation may be visible. The proponent indicates that night time lighting will be the minimum required for safe operation, and directed towards the ground. Lighting when not required would be turned off. As electricity is not connected to the site, power is to be provided by generators, which in turn may impact upon the background noise levels for the area.

 

Noise and vibration

The proposed development is not anticipated to exceed the relevant standards of noise levels for construction and operation, traffic movements or night time / sleep disturbance criteria at any residence. The predicted overpressure and vibration levels associated with blasting is predicted to not exceed relevant criteria.

 

Blasting will be undertaken only during the hours of 9am and 5pm Monday to Saturday, with no more than one blast scheduled per day. A protocol for liaising with neighbours to advice of the blasting schedule, and to provide an environmental complaints hotline contact number will be implemented as part of the mine operation procedures.

 

Recommended noise criteria is summarized below:

 

 

Operational noise criteria (24 hrs)

Construction noise criteria (Day)¹

Sleep disturbance criteria (Night) ¹

Road noise criteria (Day)²

Road noise criteria (Night)²

Recommended criteria

35 dB(A) Leq(15 min)

35 dB(A) Leq(15 min)

45 dB(A) L1(1 min)

35 dB(A) Leq(1hr)

(external)

35 dB(A) Leq(1hr)

(external)

Note 1 – Day = 7am to 6pm evening = 6pm to 10pm, night = 10pm to 6am

Note 2 – Day = 7am to 10pm, night = 10pm to 6am

 

Overpressure and vibration levels from blasting would be assessed against the following criteria:

 

·    Recommended maximum overpressure level for blasting is 115dB

·    The level of 115dB may be exceeded for up to 5% of the total number of blasts over a 12 month period but should not exceed 120dB at any time

·    The recommended maximum vibration velocity for blasting is 5mm/s Peak Vector Sum (PVS)

·    The PVS level of 5mm/s may be exceeded for up to 5% of the total number of blasts over a 12 month period but should not exceed 10mm/s at any time.

 

Blast monitoring will be implemented to ensure compliance with criteria.  No site noise monitoring is proposed however the proponent has indicated that noise monitoring could be implemented should noise emission become an issue to nearby landowners.

 

The EIS notes a moderate risk to adjoining land owners from fly rock ejected from the mine are during blasting operations.

 

Noise sources and power levels from the operation of plant and machinery during site construction and the mine operation phases is summarized as follows:

 

Equipment

No.

Use

Lw dB(A)

Leq(15 min)

Lw dB(A)

Lmax

Excavator (60t)

1

Raw material excavation

112

119

Front end loader

2

Truck loading, processing and moving stockpiles

108

115

Dump truck (40t)

1

haulage

113

118

D10 dozer

1

Material handling in pit

114

123

Drill rig

1

Drilling blast holes

112

114

Screening plant

1

processing

110

115

Crusher (fixed / mobile)

1

Crushing raw material

102/110

117

Ball mill

1

Grinding raw materials

108

114

Road truck¹

1

Product haulage

92

108

Note 1 – based on two truck movements per 15min period

 

Mitigation measures proposed include defining hours of operation, controlled blasting, and the fitting of equipment with frequency modulated reversing alarms to all mobile equipment.

 

Dust and air quality

The EIS indicated that dust particle emissions would not adversely impact any privately owned residence

 

Currently there are four (4) non-project related rural dwellings located within 3km of the proposed mine site. The closest dwelling to the proposed mine is located 1,150m from the mine site and is occupied by the subject land owner. The nearest residence to the proposed mine, not part of the subject holding, is located 1,450m from the mine site to the south west.

 

 

The proponent indicated that no air quality monitoring data is available within or in the vicinity of the site, however as the area is rural with no major pollution sources, the local air quality is unpolluted.  Dust emissions from the mine would be the principle source of air contamination and would likely be associated with site preparation, road construction, limestone extraction, wind erosion form exposed surfaces and stockpile sites, movement of vehicles within unsealed sections of the mine site.

 

Management and mitigation measures are proposed to control air born particles, including a commitment to maintaining stockpiles in a moist condition using water carts and the application of water to all roads and trafficked areas to minimize dust.

 

Surface water /Groundwater

Two unnamed watercourses occur within the site, one of which merges to the immediate north of the mine site to Grove Creek, whilst the second watercourse travels south before also merging with Grove Creek.

 

Grove Creek merges with Canomodine Creek approximately 2.5km south east of the mine and the Belubula River approximately 3km away from the site. The site is located within the Water Sharing Plan for the Belubula Regulated River Water Source 2012. No water is to be extracted from the Belubula River (located some 3km south of the proposed mine) as part of the development.

 

The subject land is within the Lachlan Fold Belt Murray – Darling Basin fractured rock Groundwater Water Source area.

 

Operational water supply would be required for the development for dust suppression and wetting of agricultural lime prior to stockpiling, also for mine construction as well as wash down and road maintenance. The proponent anticipated two water sources with a constructed sediment basin providing as the primary source of operational water.  The secondary operational water source is proposed to be a production bore proposed to be constructed within the vicinity of the proposed workshop and weighbridge.

 

A sediment basin is to be constructed within the extraction area to capture all potentially sediment laden water from the mine area. This water will be used for mining related purposes only. Clean water will be diverted away from the mine area. A Surface Water Management Plan is to be implemented to ensure segregation of clean water and sediment laden water.

 

The proponent initially proposed water supply from production bores to provide sufficient capacity to meet the requirements of the mine. The proposal has been amended so that the proposed bores be monitoring bores only. Application for test and production bores will be subject to later and separate application to DPI Water. Assuming a suitable groundwater resource is located, the land owner and / or proponent would need to apply for a Water Access Licence and need to purchase sufficient water allocation to ensure an adequate water supply for the operational requirements of the proposed mine.

 

An identified alternate water source for the initial phase of construction of the mine has been identified by the proponent as water trucked to the site for on-site storage in tanks.??

 

The EIS notes that no groundwater dependent ecosystems are registered within 35km of the site, however the Murray-Darling Basin Water Sharing Plan lists the Canowindra and Canomodine Karst area as a high priority karst environment groundwater dependent ecosystem. The proponent states that it is not anticipated that the development will intersect groundwater or result in aquifer interference, however it is noted that karst systems are typically have a high degree of connectivity between surface and groundwater (due to fissures, conduits or caves) which can rapidly disperse contaminates.

 

Given the likelihood that the karst system is situated above a significant karst aquifer, and the high potential for transfer of contaminants into the aquifer, te Office of Environment and Heritage have suggested that ground water monitoring be required during the life of the mine (both quantity and quality /level). DPI Water have issued GTA that address ground and surface water issues. Conditions of development consent have been drafted based upon DPI Water’s GTA and the recommendations of OEH.

 

The proponent provided the following anticipated water balance requirements for the mine operation:

Source

Comment

Total (ML/yr)

Water Consumption

Dust suppression

Assumed water cart size = 16,000L

Allow 4 loads per day for summer months (November to April)

Allow 2 loads per day for winter months (May to October)

Allow 5.5 days per week

13.7

Product wetting

Allow 250,000tpa with an average moisture content of 3%

7.5

Total consumption

21.3

 

An application for a minimum 22ML of groundwater for ‘industrial’ use is proposed to satisfy the project demands. The likely scenario will be for groundwater to be pumped into a storage tank.

 

The hydrogeological assessment report accompanying the proponent’s EIS establishes that the site has groundwater potential to meet the project requirements, and that the necessary licences could be obtained.

 

Potable water

Potable water is to be transported to the site in 20L tanks for purposes of drinking. Water for ablutions is to be sourced from rain water collection from rooves of the various site buildings, and stored in rainwater tanks.

 

Management of waste

It is proposed to manage disposal of general waste materials generated by the occupation of the site as follows:

 

Waste type

management

Disposal

General waste

Covered bins or skips

Collected on regular basis by waste contractor and transported to a licensed waste disposal / recycling facility

General recyclables

As above

As above

Waste oils and greases

Placed in bunded tanks within workshop area

Collected on a regular basis by waste contractor and transported to a licensed facility for recycling

Batteries

Used batteries to be placed in a covered storage area for site removal

Used batteries to be collected on a regular basis by an appropriate contractor for recycling

Tyres

Used tyres would be placed in a marked storage area for removal or used for another purpose

Collected on a regular basis by a licensed waste contractor and transported to a licensed waste disposal facility

Scrap metal / steel

Stored in specific areas within workshop or elsewhere as required

Collected on a regular basis by a scrap metal recycler

Waste water

On site waste water treatment facility with treated water used for irrigation of pasture within the project site

System to be approved by council

 

Site contamination

A concrete sealed refuelling area is to be provided. A bunded and covered diesel and hydrocarbon store, incorporating an oil / water separator is to be provided. All concrete sealed area are to drain to an oil / water separator.

 

Site rehabilitation

A detailed Mining Operations Plan (MOP) is required to be prepared prior to commencement of mining related activity upon the site.  An Annual Environmental Management Report and / or amended MOP will be produced by the proponent throughout the life of the mine.

 

The proposed final landform for the site would include a free draining revegetated open cut with a flat to gently sloping east sloping floor and benches 7.5m high, a stick watering dam with stabilized spillway and all other areas returned to pre-existing landform. The final land use would be consistent with the existing land use, being agricultural activity – grazing within a native vegetation community.

 

Socio economic benefit

The development is considered to have benefit to the local and regional economy through employment and direct capital investment, and the generation of up to 250,000 tonnes of lime product annually for us in agriculture, construction and manufacturing industries.

 

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

 

Physical Attributes and Hazards

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

 

DEVELOPMENT CONTRIBUTIONS

 

No development contributions (s94 Environmental Planning & Assessment Act) apply to the development. The proposed development is not currently subject to the provisions of a Voluntary Planning Agreement under s93F of the EP & A Act. A condition of consent requires that within six (6) months of the date of the development consent, that the proponent enter into an agreement with council for the annual payment of a monetary contribution to the maintenance of local roads impacted by the additional heavy traffic generated by the mine proceeding.

 

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

 

The proposed development was advertised and neighbourhood notified.  Nine public submissions were received by the close of the exhibition phase.  One submission was received from a public authority, and nine (9) submissions were received from state agencies.

 

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

 

Issues

Comment

Submission 1

·    Questions how the truck movements as outlined in s2.5.2.1 of the EIS would be policed, ie trucks accessing Canomodine Lane only from the Canowindra direction along Cargo Rd.

·    Concerns regarding safety issues for local landholders from increased traffic volumes – ability of farmers to safely move livestock and farm equipment along Canomodine and Cargo roads.

·    Requests Canomodine Lane be upgraded to the same required standard as the proposed Cargo Road upgrade to accommodate B-double truck traffic

·    Are amenities such as toilets and rubbish bins required to service the proposed truck stop

·    Will existing rural mailboxes need to be relocated from the end of Canomodine Lane and has consultation occurred with mail service provider

·    School bus stop must be located on the southern side of Canomodine Lane for safety reasons Bus company and users should be consulted in regard to location and length of proposed relocated bus stop(s).

·    No mention of upgrades to other school bus stop locations that exist along Cargo Road between Canomodine Lane and the Cudal – Canowindra Rd intersection

·    Questions is minor widening of road shoulders along Cargo Road is going to be sufficient to address increased traffic use of the road.

·    Seeks information on the proposed truck route through Canowindra.

·    Concerned that neither the landowner or the proponent had contacted them.

·    In the event of a pollution incident affecting downstream Grove Creek, what would be the likely contaminants.

·    Concerned that 24hr per day grinding operation may impact the amenity of the area

·    Writer’s dwelling and ancillary buildings are located less than 3km from the proposed mine and notes that should there be impact from blasting at the mine they will be advising the proponent.

·    Directly east of the site situated along Canomodine Creek are multiple limestone caves that may have Aboriginal significance. Concern that blasting may have adverse impact upon the caves.

 

 

Compliance with proponent’s Driver Code of Conduct and internal regulation by the mine operator.

 

Noted

 

 

 

 

Conditions of consent apply

 

 

 

No

 

Noted – will be considered  at road upgrade / construction phase

 

Noted

 

 

 

 

 

Noted

 

 

Road construction standards apply

 

 

 

B-Double routes as authorized

 

Noted

 

Refer to EIS

 

 

Noted

 

Noted

 

 

 

 

Noted

 

Submission 2

·    If mine proceeds suggests Cargo Road from Canomodine Lane to Canowindra Rd up upgraded, as well as streets within Canowindra.

·    Current school bus stops along Cargo Road are unsafe now and must be reviewed as part of this development

·    Existing private driveway access onto Cargo Rd is already dangerous and danger will increase with the proposed truck traffic.

·    Concerns that blasting will damage house foundations

 

Noted.

B-Double movements restricted to authorized roads.

 

Noted

 

Review will occur as part of B-double route application

 

Noted

 

Submission 3

·    Primary concern is safety of children at the various school bus stops located along Cargo Road.

·    Concern over the current standard of Cargo Rd and the potential impact of additional heavy traffic.

·    Will an independent  body test for compliance with noise, air quality  etc once the proposal is in operation and if not what recourse will residents have should guidelines not be met.

 

Noted

 

 

Noted

 

 

Annual environmental report to be prepared

 

 

Submission 4

·    Considers existing school bus stop areas along Cargo Rd from Canomodine Lane towards the Canowindra Rd are inadequate and that either Westlime /RMS /council should upgrade bus pull off / pick areas to enable a bus to entirely pull off the roadway.

·    The section of road from the Canowindra Rd intersection to the first hill (Adams Hill) is atrocious

·    Writers private driveway access off Cargo Rd is unsafe and will become more of a risk with additional heavy traffic using Cargo Rd.

·    Questions potential for noise impact from blasting and processing operations given the writer can hear the Cadia Mine operation during night hours.

·    Questions species selection of revegetation strategy and suggests a greater emphasis on replanting White Box Grassy Woodland species.

·    Supports the mine going ahead subject to road issues and bus stop safety being adequately addressed.

 

 

Noted

 

 

 

 

Noted

 

 

Will be reviewed as part of B-Double route application

 

 

Subject to environmental controls and EPL

 

 

OEH recommendations included as conditions of consent

 

Noted

Submission 5

·    Supports development however seeks information as to whether trucks will be using Rodd Street, Canowindra

 

Rodd St is an existing authorized B-double route

Submission 6

·    EIS does not take into account LLS issued permits for movement of livestock along Canomodine Lane and Cargo Rd. Stock movement will continue and will require exclusive use of the road system for several hours at a time.

·    Increased traffic by the mine proceeding will create safety concerns for residents of the area and general nuisance. A reduction in heavy vehicle traffic movements and the times they are permissible is desirable.

·    Notes proposal to relocate bus stops(s). Requests input be sought from RMS and Hassad Australia to ensure safe locations are chosen

·    Does not support location the road intersection at the crest of a hill due to limited sight vision and reaction time by road users along Cargo Road.

·    Development will create permanent significant disturbance to neighbour and their livestock by way of traffic and operational noise, dust and vibration.

·    Noting a likelihood medium risk of fly rock being ejected from the site outside the blast zone.

·    Grinding plant operating 24 hours per day will have a constant sound and impact upon an otherwise rural area.

·    Requests baseline water sampling be undertaken before works commence and seeks assurance of recourse should water contamination of the groundwater or creeks occur. Similar requirements are sought to address air quality. Seeks a report on potential contaminants that could flow into Grove Creek or could seep into groundwater.

 

Proponent acknowledges stock permits

 

 

 

 

Noted

 

 

 

 

 

Noted

 

 

Conditions of consent apply to road upgrade and design

 

 

 

Noted

 

 

 

Noted

 

 

 

Noted

 

 

Ground water monitoring is to be undertaken.

EIS addresses potential for contamination of groundwater and mitigation controls to ensure contamination risk is minimal

Submission 7

·    Objects to the DA based upon the area also being subject to an Exploration License held by Sams Reed in respect to Group 1 Minerals. Concerns that the notification of the proposal did not identify that the proposal requires a Mining Lease. States lack of cooperation from Westlime to engage with Sams Reef

 

Noted

Submission 8

·    Objection to location of proposed mine immediately adjacent to neighbouring land.

·    Concerns regarding dust generated from the mine and adverse impact of dust drifting onto adjoining pasture land.

·    The site is to be inundated by the proposed Cranky Rock Dam.

·    There is a line of caves that runs under the proposed mine site. The caves have only been partially explored. Within the vicinity Grove Creek disappears underground only to reappear downstream. The ground sounds hollow and areas have caved in. Micro bats can be observed flying out at dusk.

·    The limestone hosts a rare Applebox Woodland that is being impacted by mistletoe.

·    Large marsupials are common on the site, namely Rock Wallabies, Wallaroo and Grey Kangaroos.

·    The valley, and the surrounding area have high visual amenity due to the rugged landscape and the rural environment.

·    A geologist has stated that the particular local limestone has a high silica content and is unsuitable for agricultural lime. Quartz seams run through the limestone formations.

·    There are already two limestone quarries in the Cabonne  area.

 

Noted

 

Environmental controls apply

 

Noted

 

Noted

 

 

 

 

 

 

 

Noted

 

 

Noted

 

 

Noted

 

 

Noted

 

 

 

Noted

Submission 9

·    Questions the validity of traffic surveys undertaken during the month of July, as the writer believes that to be a quiet time of year and not representative of actual traffic volumes. Existing roads are not of a standard to accommodate the additional heavy vehicle traffic.

·    Cites Canowindra Chamber of Commerce press statements that the future of the area is tourism, and comments that a mine would be counterproductive to tourism promotion. Increase of heavy traffic on country roads will be up to a 48% increase in traffic.

·    A significant community of Superb Parrots (threatened species) is recorded within 2km of the proposed mine site. Migratory birds use the valley corridor.

·    EIS notes present of regent honey eaters. The writer brings to council’s attention that the species is critically endangered.

·    A well-established wedge tail eagle nest is located within line of sight of the mine. The presence of the mine will impact upon the habitat

·    The presence of birds in the area and upon the site has been underestimated in the EIS.

·    EIS mentions impact of noise and dust from the mine and the crusher. No mention of light spillage and potential impact upon the area.

 

Noted

 

 

 

 

 

 

 

Noted

 

 

 

 

Noted

 

 

 

 

Noted

 

Noted

 

 

Noted

 

Noted. Addressed by condition of consent

 

 

Each of the issues in objection to the proposal has been addressed via conditions of consent, as such the development application can be authorised under delegated authority without being referred to the Environmental Services and Sustainability Committee.

 

NOTIFICATION TO PUBLIC AUTHORITIES

 

The application is integrated development and was referred to the RMS, EPA, OEH, DPI Water, Resource and Energy, Trade & Investment and Central Tablelands Water for comment and terms of approval.

 

Agency

Comment

Central Tablelands Water

CTW has infrastructure within close proximity of the proposed mine. A trunk main passes through part of the subject land, and a Water Pump Station is located to the west of the proposed development. CTW request it be noted that under the NSW Local Government Act 1993 it is an offence to damage CTW infrastructure.

EPA

The proponent should be required to prepare an Erosion and Sediment Control Plan prior to site establishment and construction activities.

While noting that a Mining Operations Plan will be required prior commencement of mining operations, EPS is concerned that progressive rehabilitation procedures have not been addressed. Concerns relating to the 24 hr daily operation of the grinding activities however will accept the activity provided the proponent ensures noise does not exceed the relevant criteria.

The proponent will be required to manage air quality to ensure management and mitigation measures proposed in the EIS are complied with.

DPI Water

With the removal of the production bores there is no confirmed water supply to the project. It is recommended that a reliable water supply be confirmed and any potential impacts in assessing this supply be identified prior to determining the application.

DPI Water supports installation of monitoring bores MB1 and MB2 and collection of base line data prior to commencement of site excavation.

 DPI Water is satisfied that no assessment against the NSW Aquifer Interference Policy is required. However, if groundwater is intercepted during excavation the proponent will be required to contact DPI Water to confirm approvals required.

The proposed clean water diversion will be a key component of the environmental management at the site. Ensuring its stability through the site and conveyance of water in a stable manner into the downstream watercourse will need to be addressed in the detailed design, construction and operation of the project. DPI Water recommends the works be carried out consistently with industry guidelines such as the ‘Managing Urban Stormwater – Soils and Construction – Mines and Quarries (DECC 2008)’ and the ‘Guidelines for controlled activities on waterfront land (DPI 2012)’

It is recommended that a condition of consent be included for the development of a Soils and Water Management Plan in consultation with DPI Water to address the following key issues at the site – erosion and sediment control, water supply and distribution, groundwater monitoring and management, surface water monitoring an management.

NSW Dept of Industry – Division of Resources and Energy – Royalties and Advisory Services

The EIS fundamentally addresses the Division’s Adequacy Review comments. The EIS has identified general rehabilitation strategies and objectives. The functional domains of the project have been adequately described and performance objectives and standards satisfactorily described.

RMS

Reviewed EIS and Response to Submissions and grants its concurrence to the upgrade of Canomodine Lane and Cargo Road (MR237) subject to conditions.

RMS will require construction of a basic right turn treatment is to be provided to Cargo Road at its intersection with Canomodine Lane. The widened road shoulder is to be sealed and built for a 100km/hr speed environment to provide a reasonable level of safety for traffic turning right into Canomodine Lane and to allow following traffic to pass on the left hand side.

A basic left turn treatment is to be provided in Cargo Road at its intersection with Canomodine Lane. This facility will need to be sealed and built for a 100km/hr speed environment. The intersection is to be designed to accommodate the turning path of the largest vehicle required to access the mine.

The proposed school bus bay adjoining the Cargo Road northbound travel lane is to be located on the departure side of the intersection and not as shown in the proposed plans as being located on the approach side.

Safe Intersection Sight Distance requirements outlined in Part 4A ‘Austroads Guide to Road Design’ and relevant RMS supplements are to be provided and maintained in both directions at the intersection of Cargo Road and Canomodine Lane. 

All activities including loading and unloading of goods associated with the development are to be carried out onsite, and all loads are to be adequately covered before vehicles exit the site.

Haulage operations on Cargo Road and Canomodine Lane coinciding with local student school bus pick up/drop off times are to be avoided.

The proponent will be required to prepare and implement a driver code of conduct for the task of transporting materials on public roads.

EOH

Reviewed EIS and RTS - The RTS does not address all of the concerns raised by OEH. Specifically, OEH is

not satisfied that the proposed offset strategy adequately offsets the proposed impacts to Box Gum

Woodland Endangered Ecological Community and recommends conditions of consent be applied including a requirement to increase the offset area to 55ha

Water NSW

At request of a landowner, advising council of possible impact to the subject site should the Cranky Rock dam proposal proceed.

 

Internal Referrals

Building assessment

Separate applications will be required to assess all structures proposed for construction upon the mine site (with exception of any structure that satisfies exempt development provisions.

 

Separate application will be required for the waste water treatment on on-site sewage system.

 

Engineering assessment

Council’s Development Engineer has reviewed the EIS and RTS and the agency GTA and supports RMS conditions of development consent relating to Cargo Road (MR237) subject to an additional requirement being that a roadworks construction certificate be obtained prior to any road works commencing.

 

The proponent proposes an upgrade to approximately 1.8km of Canomodine Lane from its intersection with Cargo Road to the access point of the mine, with an 8m seal on a 10m formation with some road re-alignment from the existing gravel road formation. Council would prefer that the seal be increased to 10m on a 10m formation to eliminate risk of road shoulders deteriorating. A condition of consent addresses this requirement.

 

PUBLIC INTEREST s79C(1)(e)

 

The proposed development is considered to be within the public interest as it provides employment both directly and indirectly. There is a 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 24 - DEVELOPMENT APPLICATION 2017/0031 FOUR LOT RURAL SUBDIVISION OF LOTS 35 & 47 DP 750389 AND LOTS 102 & 103 IN DP 1005154, 521 GOWAN ROAD, GOWAN

REPORT IN BRIEF

 

Reason For Report

To obtain council's determination of the development application 2017/0031

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.  Conditions of Consent    

File Number

\Development Applications\DEVELOPMENT APPLICATION\2017\03-2017-0031 - 797940

 

 

Recommendation

 

THAT Development Application 2017/0031 for a four lot rural subdivision of land described as Lots 35 & 47 in DP 750389 and Lots 102 & 103 in DP 1005154, known as 521 Gowan Road, Gowan, be granted consent subject to the conditions attached.

 

 

Director of Environmental Services' REPORT

 

ADVISORY NOTES

Record of voting

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

 

Political Disclosures

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

 

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

 

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

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

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

 

Nil planning application disclosures have been received. 

 

Nil public submission disclosures have been received. 

 

SUMMARY

 

The following report provides an assessment of the development application submitted for subdivision of land described as Lots 35 and 47 DP 750389, Lots 102 and 103 DP 1005154, being 521 Gowan Road, Gowan.

 

The application has been referred to council for determination as the application was neighbour notified for a period of 14 days as per council policy on subdivision notification with 3 submissions being received during the exhibition phase.

 

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

 

Applicant:          Fred Jeloudev c/- Geolyse

Owner:               Fred Jeloudev

Proposal:           Four (4) lot subdivision

Location:            Lots 35 and 47 DP 750389, Lots 102 and 103 DP 1005154, 521 Gowan Road, Gowan

Zone:                  RU1 Primary Production

 

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

 

THE PROPOSAL

It is proposed to seek consent for subdivision of the land to create four (4) allotments:

 

Proposed Lot

Area (ha)

Purpose

Lot 1

147.7

Primary Production

Lot 2

107.3

Primary Production

Lot 3

493.2

Primary Production with an existing dwelling

Lot 4

101.6

Primary Production

TOTAL

849.8ha

 

 

Building envelopes have been nominated for proposed Lots 1, 2 and 4 to take advantage of cleared areas to minimize disturbance to the area and limit vegetation clearing. As assessment has been provided of the Asset Protection Zones (APZ) required for future dwellings. The nominated building envelopes are sited such that the APZ may be implemented with minimal additional land clearing of native vegetation.

 

The proposed lots will access Gowan Road access locations for Lots 1, 2 and 3 making use of existing gateways. An additional access way will be required to service proposed Lot 4. Part of the existing Gowan Road formation is situated within the subject land and outside the road reservation.

 

Site

The site is located on the eastern side of Gowan Road some 22km north east of Orange. The area is characterized by largely undisturbed land containing stands of native timber. Agriculture in the area is generally limited to livestock grazing.   The property currently is divided into large paddocks for the purpose of grazing. 

 

4867842

 

Site map

 

2369502Aerial map of subject land

 

 

MATTERS FOR CONSIDERATION

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

 

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

 

Clause 1.2 Aims of the Plan

The broad aims of the LEP are as follows:

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

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

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

 

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

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

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

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

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

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

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

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

 

Clause 1.9A Suspension of covenants, agreements and instruments

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

 

·    Covenants imposed or required by council

·    Prescribed instruments under s183A of Crown Lands Act 1989

·    Any conservation agreement under National Parks and Wildlife Act 1974

·    Any trust agreement under the Nature Conservation Trust Act 2003

·    Any property vegetation plan under the Native Vegetation Act 2003

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

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

     

      Mapping

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

     

Land zoning map

Land zoned RU1 Primary Production

Lot size map

Minimum lot size 100ha

Heritage map

Not a heritage item or conservation area

Terrestrial Biodiversity Map

Has biodiversity sensitivity on the subject land (Stringy bark – Box – Gum Woodland, wetlands vegetation and Red Stringybark – Blakely’s Red Gum – Yellow Box Woodland)

Flood planning map

Not within a flood zone

Natural resource – karst map

Not within a karst area

Drinking water catchment map

Not within a drinking water catchment area

Riparian land and watercourse map, groundwater vulnerability map

Riparian land - watercourses

Land reservation acquisition map

 

 

      These matters are addressed in the report following.

 

Cabonne Local Environmental Plan 2012

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

 

Objectives of the RU1 Primary Production zone

The proposal is not contrary to the aims of the LEP or the objectives of the RU1 zone.  The development relates to and is consistent with the zone objectives which seek to

 

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

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

·    To minimise the fragmentation and alienation of resource lands.

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

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

 

Part 2 – Permitted or prohibited development

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

 

Part 4 – Principal development Standards

Clause 4.1 Minimum subdivision lot size

The subject land requires a MLS of 100 hectare for each lot created for land zoned RU1 Primary Production. The proposal meets the development standard for minimum lot size with proposed Lots 1, 2 and 4 having an area of at least a 100ha each and proposed Lot 3 having an area of 493ha with an existing dwelling.

 

Part 6 – Additional local provisions

Clause 6.3 Terrestrial biodiversity

 

The objective of this clause is to maintain terrestrial biodiversity by:

(a)  protecting native fauna and flora, and

(b)  protecting the ecological processes necessary for their continued existence, and

(c)  encouraging the conservation and recovery of native fauna and flora and their habitats.

 

The site is partially affected by Terrestrial Biodiversity as per the Terrestrial Biodiversity Map and is covered predominantly with Stringybark – Box – Gum Woodland. Several areas of wetlands vegetation are mapped within the property as well as Red Stringybark - Blakely's Red Gum - Yellow Box woodland.  While some land clearing has occurred the ridges have been conserved. The land has been modified from its natural state and has been used for agricultural purposes for the last century.

 

Local information suggests that the property has previously been a private conservation area, and that koala populations are known to be in the vicinity. The OEH BioNet Atlas of NSW Wildlife records koala in the vicinity of the Gowan Road property, although no sightings are recorded for the subject land.

 

All regrowth on land identified by NSW Office of Environment and Heritage as Vulnerable Land is protected by the Native Vegetation Act 2003. The OEH mapping of Vulnerable Land – Steep or Highly Erodible identifies land within the subject area as having a gradient of 18 degree or more. As no clearing is required to facilitate the subdivision as proposed boundaries will generally utilize existing paddock fence lines there will be minimal impact upon the terrestrial biodiversity of the property.

 

9716351

 

Clause 6.6 Riparian land and watercourses

The objective of this clause is to protect and maintain the following:

(a)  water quality within watercourses,

(b)  the stability of the bed and banks of watercourses,

(c)  aquatic and riparian habitats,

(d)  ecological processes within watercourses and riparian areas.

 

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

 

8003605

 

 

Clause 6.8 Essential services

Development consent must not be granted to development unless the consent authority is satisfied that any of the following services that are essential for the development are available or that adequate arrangements have been made to make them available when required:

 

(a)  the supply of water,

(b)  the supply of electricity,

(c)  the disposal and management of sewage,

(d)  stormwater drainage or on-site conservation,

(e)  suitable vehicular access.

 

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

 

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

 

The existing dwelling on proposed Lot 3 is currently serviced by on-site provisions for water and sewer, and connected to electricity and telecommunications.

 

Access is proposed via Gowan Road and as such, the proposal meets the requirement for adequate provision of essential services.

 

REGIONAL ENVIRONMENTAL PLANS

 

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

 

STATE ENVIRONMENTAL PLANNING POLICIES

State Environmental Planning Policy No.44 (Koala Habitat) applies to the land. Cabonne Council is identified within the SEPP 44 schedule as having koala habitat.  Koala colonies are known to be in the Gowan area with sightings recorded at the nearby Freemantle Nature Reserve and isolated reports of koala on private properties within the vicinity of the subject land.

 

The subdivision of the property does not require clearing of timber. Existing fence lines will generally be used to define the boundaries of the proposed allotments. The subdivision of the property is unlikely to impact upon the habitat or potential habitat of koala.

 

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

8 Rural Subdivision Principles

The Rural Subdivision Principles are as follows:

(a) the minimisation of rural land fragmentation,

The existing land consists of four (4) land titles with the holding predominantly held within Lot 35 and having an area alone of 748.9ha. The proposal whilst retaining the same numerical allotments will fragment the holding as far as potential ownership patterns and sustainability of extensive agriculture.

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

Agricultural land surrounds the subject land. While small scale agricultural practice can continue on each of the proposed allotments the development has the potential for additional dwellings and diversification of land use and lifestyle opportunities.  Conflict of land uses is considered to be minimal.

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

The subdivision will result in the fragmentation of an existing 858ha holding into four holdings having areas of 10101.6ha, 107.3ha, 147.7ha and 493.2ha. The lot sizes satisfy the minimum lot size for rural land where a dwelling may be permissible.

 

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

The land is identified as Class 5 land by the NSW Agriculture Land Classification. Class 5 land is typically steep country with poorer soil profiles and suitable for grazing land. The overall production level is low because of environmental constraints. The land has a history of use for agricultural production, mainly grazing

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

Building envelopes have been nominated for proposed Lots 1, 2 and 4 taking into account existing native vegetation and bush fore risk.

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

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

The subject land is zoned RU1 Primary Production.

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

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

(b) erection of a dwelling.

The application is for subdivision. A dwelling exists upon proposed Lot 3. Proposed Lots 1, 2 and 4 have areas of 100ha or greater and a dwelling may be a permissible land.  A further application will be required for any dwelling on the agricultural holdings and these applications would be subject to the planning provisions applicable at the time of application.

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

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

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

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

Agricultural use of the subject land is likely to continue.

 

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

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

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

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

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

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

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

 

State Environmental Planning Policy 55 – Remediation of land applies to the subject land. The land has historically been used for agriculture. A desk top search has not indicated evidence of a shearing shed or such farm infrastructure that may be associated with contaminated land. A small section of proposed Lot 1 was used as gravel quarry. The site has been remediated by Cabonne Council and its care and control reverted to the land owner.

 

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

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

 

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

 

Development Control Plan No 5 – General Rural Zones applies to this development. Section 2 of the DCP applies to subdivision of rural land. The SoEE submitted by the proponent adequately addresses the DCP  requirements. The proposed development is generally consistent with the provisions of the plan.

 

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

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

 

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

 

Lot size and shape

The proposed development is for the subdivision of a rural holding into four (4) lots being agricultural land having areas of at least 100ha each and proposed Lot 3 containing an existing dwelling and having an area of approximately 493.2ha.

 

The boundaries proposed for the development are irregular however follow existing fence lines and land form.

 

Visual amenity

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

 

Access and traffic

Access to proposed Lots 1, 2 and 4 will require access points to be either upgraded or constructed. Proposed Lot 3 has an existing access point that complies with council’s current specification. 

 

Increase in traffic generation from the subdivision proceeding is considered to be capable of accommodation within the existing road network. Section 94 road upgrade contributions apply to the development. 

 

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

 

Physical Attributes and Hazards

The land is mapped as bushfire prone. The development application was submitted to NSW Rural Fire Service as integrated development and a section 100B authority subsequently was issued. The RFS requirements are incorporated in the attached draft notice of consent.

 

1722264

DEVELOPMENT CONTRIBUTIONS

 

Section 94 Road Contributions are applicable to this development. The s94 road contribution is calculated at $157,511.62, however the reforms to the Local Development Contributions Circular issued by the Department of Planning (PS10-022) has resulted in a $20,000 capped contribution rate applying from 16 September 2010. Therefore, the proposed development incurs a maximum section 94 contribution of $16,413.50.

 

Council’s Bushfire Services Contributions Plan applies to the development. A contribution of $3,586.50 to The Ponds Brigade applies.

 

Conditions of consent has been included in the attached draft notice of consent.  

 

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

 

The proposed development is not advertised development however; the proposed development was neighbour notified for a period of 14 days with three (3) submissions being received during the exhibition phase. The submissions are summarized as follows:

 

Submission

Comment

Submission 1

Objects to the proposal based on increased traffic and current standard of Gowan Road. Should the road be sealed from Lewis Ponds Creek to proposed Lot 3 and/or the road be upgraded the objection would be withdrawn.

 

The development has been assessed by council’s Development Engineer and conditions of consent included requiring upgrade of access to the lots, also s94 contributions for Gowan Road upgrade.

Submission 2

Is the rezoning to be rural or rural residential?

Gowan Road is narrow, winding and dusty. How will council address traffic?

Cumulative impact of development along Gowan Road with other approvals issued for subdivision of land.

Suggests one access point to service all 4 lots

Has an environmental study been undertaken?

Is the site still a wildlife refuge?

Will council make the current and any new owners aware of their responsibility for west and pest animal issues?

Is the quarry still operational and what will happen to rehabilitation of the quarry? Will it be reopened?

What consideration has been given to near neighbours and impact of future buildings

The subdivision will impact upon the virtually uninterrupted views from the writer’s property.

 

The land isn’t proposed for rezoning. The development is a 4 lot subdivision of rural land.

Council’s Development Engineer has provided an assessment of road and traffic impacts.

 

Three lots will gain access from existing gateways. A 4th lot will require anew access.

A Statement of Environmental Effects was submitted with the DA.

The subject land is not a gazette Wildlife Reserve.

The DA was referred to council’s weeds officer. There are no current outstanding notices for the property.

The quarry ceased operation and the site remediated and returned to the land owner’s care.

Building envelopes have been identified as part of the DA.

 

The subdivision will have no impact upon views. Further development of the allotments will be subject to merit based assessment of applications.

Submission 3

Queries the location of the common boundary between the subject land, Lucky Creek and land to the west, north/west

Understood that Gowan Road is a ROW.

Inferior condition of Gowan Road results in dust problems and reduces driver visibility. The road is increasingly being used by recreation 4wd traffic. Recommends dust suppression material be laid near or in front of existing residences in proximity to the development.

Has traffic generation from the 3 new lots been considered?

Previous owner of the subject land indicated that a koala colony exists near the rear of proposed Lot 1.

 

The property will be subject to survey by a registered surveyor.

 

 

Gowan Road is constructed generally within the road reserve. A section of the formed road is outside the reserve. This matter is addressed by a condition of consent.

Section 94 road contributions apply to the development.

 

 

Yes

 

Noted

 

 

Public authority consultation

The development was referred to the NSW RFS and a s100B authority issued.

 

As a result of an enquiry by a nearby resident to the development, council was contacted by a ranger from NP & WS to advice it of the recorded sightings of koalas in the area, including the Freemantle Nature Reserve. The ranger confirmed that the property is not a gazetted Wildlife Refuge.

 

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

 

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

 

 

ITEM 25 - PLANNING PROPOSAL - REZONING OF FORMER CWA HALL, HILL STREET, MOLONG AND INCLUSION OF RURAL BOUNDARY ADJUSTMENT CLAUSE TO CABONNE LEP 2012.

REPORT IN BRIEF

 

Reason For Report

To obtain council authorisation to make the amending LEP plan

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

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

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\LAND USE AND PLANNING\PLANNING\AMENDMENT 5 TO LEP 2012 – CWA HALL MOLONG AND RURAL BOUNDARY ADJUSTMENT CLAUSE - 794601

 

 

Recommendation

 

THAT pursuant to section 59 of the Environmental Planning & Assessment Act 1979, council forward the Planning Proposal to the Department of Planning and Infrastructure for the Minister to make a Local Environmental Plan to:

 

1.   rezone Lot 272 DP 750170 and an adjoining road reserve, Hill Street, Molong from R1 General Residential to B2 Local Centre, and

2.   include an additional clause into the Cabonne LEP 2012 to address boundary adjustments upon rural land where such land is less than the minimum lot size.

 

Director of Environmental Services' REPORT

 

Council at its meeting of 28 June 2016 resolved to prepare a Planning Proposal for submission to the Department of Planning & Environment to:

 

1.   rezone the former CWA Hall land and adjacent road reserve located in Hill Street, Molong from R1 General Residential to B2 Local Centre, and

2.   include an additional clause into the Cabonne Local Environmental Plan 2012 to address boundary adjustments upon rural land where such land is less than the minimum lot size.

 

The Planning Proposal was subsequently drafted and the proposal was forwarded to the department on 15 August 2016. A Gateway Determination was issued by the department on 15 September 2016. The Gateway Determination required consultation with NSW Rural Fire Service, who reviewed the Planning Proposal and had no objection to the rezoning proceeding or the inclusion of the additional LEP clause.

 

The Planning Proposal was referred to the RFS on 19 September 2016, with their concurrence provided on 10 October 2016. The Department of Planning & Environment issued its approval on 25 October 2016 for the exhibition of the proposal to proceed.

 

The plan placed upon public exhibition for a period of 28 days commencing Monday 31 October 2016 and concluding on Friday 25 November 2016. During the exhibition period the Planning Proposal and all relevant documents were publically available at the council’s Molong, Cudal and Canowindra, as well as via council’s web site. Notification was made through public advertisement placed in the Central Western Daily newspaper, Molong Express, Forbes Advocate, the Canowindra press, as well as the community newspapers and newsletters.

 

Written notification was provided to adjacent and nearby landowners of the Hill Street land at Molong.

 

By the close of the exhibition period one submission had been received by council. The submission received from the NSW Roads & Maritime Services requested that consideration be given to traffic impact generated from commercial use of the Hill Street site such that the rezoning of the land would not reduce the level of service or road safety of Hill Street. RMS raised no objection to the rezoning of the adjacent road reserve or to the introduction of the additional LEP clause.

 

RMS recognized that the former CWA Hall building had previously been utilized for commercial activity.

 

The scale of business activity is not predicted to increase beyond that previously experienced onsite. The building area is generally constrained to the existing footprint. Car parking is not available on site, however adequate parking is available within the surrounding road network, and within the adjoining recreation ground to service the needs of the site in terms of customer access, employee parking and service deliveries.

 

The continuation of a previously established land use is not considered to be inappropriate or likely to adversely impact upon road use and safety within proximity of the subject land.

 

It is suggested that council proceed with the rezoning proposal and LEP amendment, and submit the Planning Proposal and relevant documentation to the Department of Planning and Infrastructure for the Minister to make a Local Environmental Plan to re zone the land to which this report applies and include an additional clause in the Cabonne LEP 2012 to address rural boundary adjustment provisions.

 

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

 

 

ITEM 26 - PLANNING PROPOSAL PREPARED BY ORANGE CITY COUNCIL TO AMEND ORANGE LOCAL ENVIRONMENTAL PLAN 2011 - AIRPORT ESTATE AT SPRING HILL

REPORT IN BRIEF

 

Reason For Report

To obtain council's endorsement supporting a review of the Blayney, Cabonne and Orange City council's Sub regional rural and industrial strategy, July 2008 as preferred to  addendum variations as proposed by Orange City in its proposal for rezoning of land near the Spring Hill Airport - the proposed rezoning being inconsistent with the adopted Sub Regional Rural and Industrial Land Use Strategy.

Policy Implications

The proposal by Orange City Council to rezone land in the vicinity of the Spring Hill Airport remains inconsistent with the Blayney, Cabonne and Orange City Sub Regional Rural and Industrial Land Use Strategy, July 2008 as adopted by Cabonne Council.

Budget Implications

Allocation of funds would be required for review of the Sub-Regional Strategy

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\DEVELOPMENT AND BUILDING CONTROLS\BUILDING AND DEVELOPMENT APPLICATIONS\JOINT DEVELOPMENT APPROVALS WITH OTHER COUNCILS - 794611

 

 

Recommendation

 

THAT Council reaffirm its resolution of its meeting held on 26 April 2016, that itAdvise Orange City Council and the Department of Planning and Environment that it does not support the ‘Orange City Council Rural and Industrial Sub-Regional Strategy Section 16 Review and update’ document; and would support a review of the ‘Councils of Blayney, Cabonne and Orange City Sub-Regional Rural and Industrial Lands Use Strategy, July 2008’ in its entirety, with such review to be undertaken prior to the Department of Planning and Environment’s Gateway determination of the Spring Hill Airport rezoning Planning Proposal, or any other sub regional planning proposal that is not in accordance with the current endorsed sub regional rural and industrial land use strategy’.

 

Director of Environmental Services' REPORT

 

Council has received correspondence from Orange City Council dated 21 November 2016 and received on 25 November 2016, seeking council’s comments by 12 December 2016 in relation to the Gateway consultation for the revised Planning Proposal and proposed rezoning of land adjacent to the Spring Hill Airport near Orange for a business park.

 

The proposal seeks to rezone approximately 114ha of land currently zoned RU1 Primary Production and E3 Environmental Management to a mix of IN1 General Industrial, B7 Business Park and RE1 Public Recreation.

 

On 17 October 2016, Orange City Council submitted an amended planning proposal to the Department of Planning seeking to reduce the scope of the original planning proposal from a project area of 200ha to 114ha to rezone land around Orange Airport for the purposes of an industrial and technology park.


The amended planning proposal seeks to rezone approximately 114ha of land directly adjacent to the Spring Hill airport terminal, bound by Forest Road and Aerodrome Road, known as 'Project Area Stage 1'. The amended proposal relates to land currently zoned SP2 Infrastructure (Airport), RU1 Primary Production and E3 Environmental Management.


The amended proposal seeks to rezone 75ha (out of a 114ha project area) to zones IN1 General Industrial and B7 Business Park, while the remaining 39ha (out of 114ha project area) is proposed to be zoned RE1 Public Recreation.

 

Details of the Planning Proposal (as amended) and all support documentation can be sourced from the Department of Planning’s LEP tracker web site:

www.leptracking.planning.nsw.gov.au or Orange City Council’s web site at www.orange.nsw.gov.au

 

Location map

 

 

Concept plan

 

Cabonne Council requested an extension of time for comments to be provided to Orange City Council so that Cabonne could consider the matter at its December council meeting. Orange City Council agreed to an extension, and has since announced in local media that the community consultation phase is to be extended until the end of January 2017.

 

Council may recall giving consideration to the Spring Hill Airport Planning Proposal at its meeting of 26 April 2016. Council resolved as follows:

 

THAT Council:

 

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

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

 

The revised Gateway Determination requires that the concurrence of Cabonne and Blayney councils be obtained by Orange City Council prior to the submission of the latter council’s section 59 report to the Department of Planning & Environment.

 

Whilst the latest amendment to the Orange City Council Planning Proposal further reduces the initial area proposed for industrial development and business activity, it is noted that the addendum seeking variation to the adopted Sub Regional Rural and Industrial Strategy 2008 does not address the sub regional status of demand and supply of rural and industrial land. The addendum represents a review of land within the Orange City Council Local Government Area.

 

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

 

 

ITEM 27 - DRAFT CONTAMINATED LAND POLICY

REPORT IN BRIEF

 

Reason For Report

To obtain council's resolution to place the draft contaminated lands policy on public exhibition.

Policy Implications

Drafting of a policy to  address contaminated land

Budget Implications

Staff resourcing will be required to establish and maintain the register, however provision for this task may be provided within  existing staffing resources and in association with the resources provided under the terms of the regional grant program.

IPR Linkage

4.5.3.f - Participate in relevant reference groups and meetings

Annexures

1.  Draft Contaminated Land Policy - Contamination Central Dec 2016    

File Number

\OFFICIAL RECORDS LIBRARY\ENVIRONMENTAL MANAGEMENT\PLANNING\CONTAMINATED LAND MANAGEMENT - 797130

 

 

Recommendation

 

THAT the draft Contaminated Land Policy be placed on public exhibition.

 

Director of Environmental Services' REPORT

 

Cabonne Council is a participant in a regional program that was successful in obtaining funding from the NSW State Government to prepare a Contaminated Land Policy that will be generally consistent between all of the member councils in the Central West.

 

The program known as Contamination Central has delivered a suite of information including the draft policy document to assist council meet its environmental obligations and to enable increased delivery of services to land owners, prospective purchasers and developers by advising of any known restrictions on the use of land as a result of previous land uses and the potential contamination that may have resulted. This action will ensure both current and future land owners are aware of possible health and safety risks of particular land, such as former industrial or mining sites.

 

When adopted the policy would provide guidelines and procedures for use by council when issuing Planning Certificates under section 149(2) and (5) of the Environmental Planning & Assessment Act 1979.

 

The adoption and implementation of the contaminated lands policy would have benefit to the environmental management of lands within Cabonne Council, and a cumulative benefit across the Central West region.

 

The draft policy has been developed by a Steering Committee and the Regional Contamination Officer, Craig Flemming who is based at Orange City Council. The draft Contaminated Land policy is attached, and sets out the procedures for the management of contaminated land within the council area. The policy reflects the requirements of the relevant State legislation, particularly State Environmental Planning Policy 55 – Remediation of Land.

 

The implementation of the policy will have an initial impact upon council’s staff resources as it will require the identification of current and historical uses of industrial and commercial land. The document will enable council to develop a data base of information that can be utilised to advise land owners and prospective purchasers of the likelihood of contaminated sites and the measures required to manage the site into the future.

 

It is understood that the Regional Contamination Coordinator will continue to be available to work with council to develop the data base and assist with the implementation of the policy.

 

It is proposed that the draft policy and management plan be placed upon public exhibition in order to engage with the community and seek feedback, before council gives consideration to the adoption of the regionally endorsed policy.

 

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

 

 

ITEM 28 - QUESTIONS FOR NEXT MEETING

REPORT IN BRIEF

 

Reason For Report

To provide Councillors with an opportunity to ask questions/raise matters which can be provided/addressed at the next Council meeting.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.1.g. Code of Meeting Practice adhered to

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\NOTICES - MEETINGS - 796350

 

 

Recommendation

 

THAT Council receive a report at the next Council meeting in relation to questions asked/matters raised where necessary.

 

Acting General Manager's REPORT

 

A call for questions for which an answer is to be provided if possible or a report submitted to the next Council meeting.

 

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

 

 

ITEM 29 - BUSINESS PAPER ITEMS FOR NOTING

REPORT IN BRIEF

 

Reason For Report

Provides an opportunity for Councillors to call items for noting for discussion and recommends remainder to be noted.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

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

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\PROCEDURES - 796351

 

 

Recommendation

 

THAT:

1.   Councillors call any items they wish to further consider.

2.   The balance of the items be noted.

 

Acting General Manager's REPORT

 

In the second part of Council’s Business Paper are items included for Council’s information.

 

In accordance with Council’s format for its Business Paper, Councillors wishing to discuss any item are requested to call that item.

 

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

 

ITEM 30 - MATTERS OF URGENCY

REPORT IN BRIEF

 

Reason For Report

Enabling matters of urgency to be called.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

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

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\NOTICES - MEETINGS - 796352

 

 

Recommendation

 

THAT Councillors call any matters of urgency.

 

Acting General Manager's REPORT

 

Council’s Code of Meeting Practice allows for the Council to consider matters of urgency which are defined as any matter which requires a decision prior to the next meeting or a matter which has arisen which needs to be brought to Council’s attention without delay such as natural disasters, states of emergency, or urgent deadlines that must be met”.

 

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

 

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

 

ITEM 31 - COMMITTEE OF THE WHOLE SECTION OF THE MEETING

REPORT IN BRIEF

 

Reason For Report

Enabling reports to be considered in Committee of the Whole.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.1.g. Code of Meeting Practice adhered to

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\PROCEDURES - 796353

 

 

Recommendation

 

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

 

Acting General Manager's REPORT

 

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

 

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

 

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

   


Item 7 Ordinary Meeting 20 December 2016

Item 7 - Annexure 1

 

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Item 8 Ordinary Meeting 20 December 2016

Item 8 - Annexure 1

 

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Item 12 Ordinary Meeting 20 December 2016

Item 12 - Annexure 1

 

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Item 13 Ordinary Meeting 20 December 2016

Item 13 - Annexure 1

 

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Item 15 Ordinary Meeting 20 December 2016

Item 15 - Annexure 1

 

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Item 17 Ordinary Meeting 20 December 2016

Item 17 - Annexure 1

 

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Item 20 Ordinary Meeting 20 December 2016

Item 20 - Annexure 1

 

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Item 23 Ordinary Meeting 20 December 2016

Item 23 - Annexure 1

 

 

 

DRAFT CONDITION OF CONSENT

DA 2016/0128

 

1.      DEVELOPMENT IN ACCORDANCE WITH PLANS

 

Objective

 

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

 

Performance

 

Development is to take place in accordance with the attached stamped plans (Ref: DA 2016/128), the Environmental Impact Statement prepared by RW Corkery & Co Pty Ltd dated March 2016 and associated documentation submitted with the application and subject to the conditions below, to ensure the development is consistent with Council’s consent.

 

NOTE:  Any alterations to the approved development application plans must be clearly identified with the application for a construction certificate. 

 

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

 

 

2.      ANNUAL EXTRACTION AND PRODUCTION RATE

 

Objective

 

To ensure the proposal operates in accordance with the proposed, assessed and determined proposal.

 

Performance

 

The proposed extraction and crushing of limestone shall be limited to 250,000 tonnes per year.

 

 

3.      HOURS OF OPERATION

 

Objective

 

To ensure the proposal hours of operation are in accordance with the proposed, assessed and determined proposal.

 

Performance

 

Construction and operational activities relating to the development must only be undertaken during the following hours:


 

 

 

Activity

Monday to Friday

Saturday

Sunday & Public Holidays

Site establishment

Extraction

Crushing & screening

6am to 6pm

6am to 3pm

Nil

Blasting

9am to 3pm

Nil

Grinding

24 hrs

24 hrs

Loading and transportation

Rehabilitation

6am to 6pm

Nil

 

The hours of operation specified above may be varied with written consent if the EPA is satisfied that the amenity of surrounding properties in the locality will not be adversely affected.

 

 

4.      ENVIRONMENTAL PROTECTION AUTHORITY GENERAL TERMS OF APPROVAL

 

Objective

 

To ensure the proposal operates in a manner not detrimental to the environment or locality.

 

Performance

 

The proposal shall comply with the General Terms of Approval issued by NSW Environmental Protection Authority in correspondence referenced as ‘Notice No: 1539865, Attachment A’. (Copy attached).

 

 

5.      DEPARTMENT PRIMARY INDUSTRIES  - WATER, GENERAL TERMS OF APPROVAL

 

Objective

 

To ensure the proposal operates in a manner not detrimental to the environment or locality.

 

Performance

 

The proposal shall comply with the General Terms of Approval issued by NSW DPI Water in correspondence dated 30 August 2016 referenced as Attachment 1. (Copy attached).

 

 

6.      PROTECTION OF ABORIGINAL SITE

 

Objective

 

To protect cultural heritage.


 

 

 

Performance

 

A high visibility fence must be constructed with a buffer of five (5) metres surrounding the known Aboriginal site Cargo-IF1 prior to commencement of ground works and be maintained for the life of the project.

 

 

7.      PROTECTION OF ABORIGINAL HERITAGE

 

Objective

 

To protect Aboriginal sites and relics.

 

Performance

 

If any previously undetected Aboriginal sites or relics are uncovered or unearthed during any activity, work at that location must cease immediately and an appropriate actin obtained from the relevant Local Area Land Council in conjunction with the NSW Department of Environment and Heritage.

 

 

8.      BIODIVERSITY PLAN OF MANAGEMENT

 

Objective

 

To ensure that the environmental impact is adequately managed.

 

Performance

 

A detailed Plan of Management must be prepared for the proposed Biodiversity Offset Area to ensure that the offsets are appropriately managed and funded. The Plan of Management must include;

 

(a) Measurable performance indicators and targets. The performance targets should reflect the different stages of succession of biodiversity management. Additionally, targets should relate to actual biodiversity outputs, including species requirements throughout different stages of succession, rather than simply inputs and outputs.

(b) Trigger points and subsequent corrective actions to be implemented id the monitoring program identifies that the performance targets (and therefore biodiversity management objectives) are not being met, and

(c)  A monitoring program that will assess the effectiveness of the management activities against the management objectives and performance indicators and targets

 

The Plan of Management must be submitted to the Office of Heritage and Environment for review.

 

 

9.      SUPPLEMENTARY PLANTING WITHIN BIODIVERSITY OFFSET AREA

 

Objective

 

To enhance the ecological management of the area.


 

 

 

Performance

 

Supplementary planting be conducted in the proposed Biodiversity Offset Area west of the project site boundary. Bird nesting boxes are to be constructed within the area, and timber containing hollows that is cleared from the mine site is to be relocated to the Offset Area as habitat.

 

 

10.    EXPANSION OF BIODIVERSITY OFFSET AREA

 

Objective

 

To enhance the integrity of the ecological management of the area.

 

Performance

 

Additional areas of Box Gum Woodland EEC in woodland or derived native grassland form be sourced to provide a minimum offset area of 55 hectares.

 

 

11.    BIODIVERSITY OFFSET AREA PERPETUITY

 

Objective

 

To ensure the perpetuity of the ecological management of the area.

 

Performance

 

The Biodiversity Offset Area must be secured in perpetuity using an appropriate legal mechanism. The Office of Environment and Heritage’s preferred mechanism is a BioBanking agreement.

 

Should the proponent intent to pursue a Property Vegetation Plan, both Cabonne Council and the proponent must liaise with the Central Tablelands Local Lands Service to determine whether this is a viable option for this project. Contact officer Tiffany Bracey, contact on 02 6391 3911 or email tiffany.bracey@lls.nsw.gov.au

 

 

12.    EVIDENCE OF FORMALISED BIODIVERSITY OFFSET AREA AGREEMENT

 

Objective

 

To ensure perpetuity of the Biodiversity Offset Area is recorded on the land title deed(s).

 

Performance

 

Documentary evidence of lodgement with Lands and Property Information authority of a section 88B instrument is to be submitted to Cabonne Council within 12 months of the date of this consent. The terms of the instrument are to reflect the EIS and additional requirements of Office of Environment and Heritage.

 


 

 

 

13.    CLEARING OF NATIVE VEGETATION

 

Objective

 

To ensure the impact of the development on identified and potential threatened species is minimal or negligible.

 

Performance

 

The clearing of native vegetation is prohibited unless it is in accordance with the provisions of the Native Vegetation Act 1993 as amended.

 

 

14.    REHABILITATION OBJECTIVES AND COMMITMENTS

 

Objective

 

To ensure the proposal operates in a manner that is not detrimental to the environment or locality.

 

Performance

The proponent must rehabilitate the site to the satisfaction of the Director, Environmental Sustainability Unit of the Division of Resources and Energy, NSW Department of Industry.

 

Rehabilitation must be substantially consistent with the rehabilitation objectives described in the EIS and the following objectives in the table below:

 

Rehabilitation Feature

Objective

Mine site (as a whole of the disturbed land and water)

Safe, stable and non-polluting, fit for the purpose of the intended post mining land use(s).

Rehabilitation materials

Materials(including topsoils, substrates and seeds of the disturbed areas) are covered, appropriately managed and used effectively as resources in the rehabilitation.

Landforms

Final landforms sustain the intended land use for the post-mining domain(s).

Final landforms are consistent with and complement the topography of the surrounding region to minimise the visual prominence of the final landforms in the post mining landscape.

Final landforms incorporate design relief patterns and principles consistent with natural drainage.

Water quality

Water retained on site is fit for the intended land use(s) for the post mining domain(s).

Water discharged from the site is consistent with the baseline ecological, hydrological and geomorphic conditions of the creeks prior to the mining disturbance.

Water management is consistent with the regional catchment strategy.


 

 

 

Native flora and fauna habitat and corridors

Size, locations and species of native tree lots and corridors are established to sustain biodiversity habitats.

Species are selected that re-establishes and complements regional and local biodiversity

 

 

Post-mining agricultural pursuits

The land capability classification for the relevant nominated agricultural pursuit for each domain is established and self-sustaining within 5 years of land use establishment (first planting of vegetation).

 

 

15.    PROGRESSIVE REHABILITATION

 

Objective

 

To ensure environmental management of the site.

 

Performance

 

The proponent shall carry out all surface disturbing activities (eg Pre-stripping in advance of mining operations) in a manner that, as far is reasonably practicable, minimises potential for dust emissions and shall carry out rehabilitation of disturbed areas progressively, as soon as reasonably practicable, to the satisfaction of the Director Environmental Sustainability, of the Division of Resources and Energy, Department of Industry, Skills and Regional Development.

 

 

16.    REHABILITATION PLAN

 

Objective

 

To ensure environmental management of the site.

 

Performance

 

The proponent must prepare and implement a Rehabilitation Plan to the satisfaction of the Director Environmental Sustainability of the Division of Resources and Energy, Department of Industry, Skills and Regional Development, Department of Industries.

 

The Rehabilitation Plan must:

 

(a) Be submitted and approved by the Director Environmental Sustainability prior to carrying out any surface disturbing activities of the development, unless otherwise agreed by the Secretary, Department of Industry,

(b) Be prepared in accordance with Division of Resource and Energy guidelines and in consultation with Department of Industry, Office of Environment and Heritage, Environmental Protection Authority, Department Primary Industry – Water and Cabonne Council,

(c)  Incorporate and be consistent with the rehabilitation objectives of the Environmental Impact Study,

(d) Integrate and build on, to the maximum extent practicable, the other management plans required under this approval, and

 

 

 

(e) Address all aspects of mine closure and rehabilitation, including post mining land use domains, rehabilitation objectives, completion criteria and rehabilitation monitoring and management.

 

Note: The approved Mining Operation Plan is required as a condition of the Mining Lease(s) issued in relation to this project and will satisfy the requirements of this condition foe a Rehabilitation Plan.

 

 

17.    APPLICATION OF BITUMEN SEAL TO THE INTERNAL SITE ACCESS ROAD

 

Objective

 

To ensure a suitable all weather, non-dust generating internal access road is provided.

 

Performance

 

The applicant is required to provide a bitumen sealed surface to the internal access road between Canomodine Lane and the infrastructure area which shall be maintained at all times.

 

 

18.    ADEQUATE ONSITE TRUCK PARKING

 

Objective

 

To provide an adequate onsite truck parking area.

 

Performance

 

The proponent shall ensure that:

(a) All vehicle parking is contained within the site

(b) No vehicles associated with the development shall be parked in the public road system, and

(c)  Vehicles do not queue on public roads at any time.

 

 

19.    PROVISION OF PRIVATE ACCESS

 

Objective

 

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

 

Performance

 

The applicant must provide a formal and practical access to Lot 2 DP 590034, Lot 136 DP 664861 and Lot 137 DP 652082 in the form of a basic right (BAR) and a basic left (BAL) turn treatment as shown in Figure 7.5 and Figure 8.2 Part 4A Austroads Guide to Road Design at the intersection of the internal access road and Canomodine Lane. The full width of the access point including the widened shoulders are to be bitumen sealed.


 

 

 

Prior to any Access Construction Certificate being issued, the applicant will be required to submit to Council for approval a detailed design of the proposed access.

 

An Access Construction Certificate must be obtained prior to commencement of construction of any access to the property from Canomodine Lane.

 

A joint inspection with the Principal Certifying Authority is to be held prior to commencing construction of the access.  Please telephone Council’s Development Engineer on 6392 3247 to arrange a suitable date and time for the inspection.

 

An Access Compliance Certificate for the access/ intersection must be issued by Council prior to the transporting of any extractive material from the site.

 

 

20.    ROAD DESIGN AND CONSTRUCTION (CANOMODINE LANE)

 

Objective

 

To ensure that the road upgrade is constructed in accordance with council’s requirements.

 

Performance

 

The applicant is required to bear the full cost of survey, design and construction of the proposed upgrade of Canomodine Lane which is to be built to a minimum design requirement for a “Rural Collector” road (10.0m seal width on a 10.0m formation).

 

A complete set of drawings is to be provided to council for approval before any ROADWORKS CONSTRUCTION CERTIFICATE is issued for the works.

 

A ROADWORKS COMPLIANCE CERTIFICATE FOR ALL ROAD WORKS IS TO BE ISSUED.

 

One set of printed copies plus an electronic copy (AutoCAD2000.dwg file format) of “Works as Executed” plans are to be submitted to Council for works carried out on Council’s Road in CONNECTION WITH THE APPLICATION FOR A ROADWORKS COMPLIANCE CERTIFICATE.

 

All relevant work to be completed PRIOR to the transporting of any extractive material from the site.

 

 

21.    EROSION AND SEDIMENTATION CONTROL PLANS

 

Objective

 

To prevent sediment and erosion from leaving the site and any watercourse contamination during construction of the Internal Access Road, Access Point, Upgrade to Canomodine Lane and Upgrade to the intersection of Canomodine Lane and Cargo Road.


 

 

 

Performance

 

An overall erosion and sedimentation control plan is to be prepared for the site to a standard acceptable to the Principal Certifying.

 

The plan is to note any proposed vegetation retention and planting and is to be submitted to and approved by Council prior to any construction works commencing.

 

Specific construction zone erosion and sedimentation control plans are to be prepared to a standard acceptable to the Principal Certifying Authority and are required to be approved prior to the issue of Construction Certificates for each and any stage of the development.

 

 

22.    PUBLIC LIABILITY INSURANCE

 

Objective

 

To ensure that council, Roads and Maritime Services and the applicant are all protected against any liability claim.

 

Performance

 

Prior to the commencement of any roadworks on council or Roads and Maritime Services controlled land including a public road, the applicant is to affect Public Liability Insurance in the minimum amount of $20 million. This insurance is to note both council and Roads and Maritime Services as interested parties and is to remain current for at least the period from the issue of the Construction Certificate until the issue of a Compliance Certificate for the roadworks.  Documentary evidence of the currency of this cover is to be provided to Council at the time when applying for a Roadworks Construction Certificate.

 

 

23.    ENTRANCE / EXIT POINTS

 

Objective

 

To ensure on-site traffic flows in the manner assessed by council.

 

Performance

 

Entrance / exit points are to be clearly signposted and visible from both the street and the site at all times.

 

 

24.    LOADING / UNLOADING

 

Objective

 

To ensure loading / unloading does not interfere with the amenity of the roadway.


 

 

 

Performance

 

All loading and unloading operations are to take place at all times wholly within the confines of the site.

 

 

25.    DUST SUPPRESSION

 

Objective

 

To ensure that dust does not become a nuisance to neighbouring properties or passing motorists.

 

Performance

 

The applicant will ensure to water down any nuisance dust that may arise from Canomodine Lane and its intersection with Cargo Road during the construction of the road and intersection upgrade.

 

 

26.    VEHICLE MANAGEMENT PLAN

 

Objective

 

To ensure that arrangements are made for all vehicles movements associated with the development.

 

Performance

 

The vehicle management plan is to detail all vehicle movements within the site including loading areas, truck parking/waiting areas, re-fueling zones and travel routes that are used during operation of the limestone quarry.

 

All persons involved in the quarry operations shall be issued with a copy of the Vehicle Management Plan. The Vehicle Management Plan shall be prepared by the applicant and then submitted for approval by Council prior to the transporting of any extractive material from the site.

 

 

27.    COMPLIANCE WITH RMS CONDITIONS

 

Objective

 

To ensure that all Roads and Maritime Services conditions are complied with.

 

Performance

 

•        A basic right (BAR) turn treatment as shown in Figure 7.5 Part 4A Austroads Guide to Road Design is to be provided in Cargo Road at its intersection with Canomodine Lane. The widened shoulder is to be sealed and built for a 100km/h speed environment to provide a reasonable level of safety for traffic turning right into Canomodine Lane and to allow following traffic an area to pass the right turning vehicle on the left hand side.  

 

 

 

 

Note:     The proposed rural school bus bay adjoining the Cargo Road northbound travel lane is to be located on the departure side of the intersection, not the approach side as shown in the submitted plans.

  

•        A basic left (BAL) turn treatment as shown in Figure 8.2 Part 4A Austroads Guide to Road Design (copy enclosed) and the submitted plans is to be provided in Cargo Road at its intersection with Canomodine Lane. The BAL facility will also need to be sealed and built for a 100km/h speed environment. The intersection is to be designed to accommodate the turning paths of the largest vehicle required to access the mine.

 

•        Safe Intersection Sight Distance (SISD) requirements outlined in Part 4A Austroads Guide to Road Design and relevant Roads and Maritime supplements are to be provided and maintained in both directions at the intersection of Cargo Road and Canomodine Lane.

 

In accordance with section 16 of State Environmental Planning Policy (Mining, Petroleum, Production and Extractive Industries) 2007, Roads and Maritime provides the following recommended conditions for Council’s consideration in the determination of DA2016/128:

 

•        All activities including loading and unloading of goods associated with the development are to be carried out onsite and all loads are to be adequately covered before vehicles exit the mine.

•        Haulage operations on Cargo Road and Canomodine Lane coinciding with local student school bus pick up/drop off times are to be avoided.

 

•        In accordance with clause 16(1) of State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007, the applicant is to prepare and implement a driver code of conduct for the task of transporting materials on public roads.

 

 

28.    ROAD UPGRADES

 

Objective

 

It is in the public interest that environmental impacts be identified and effects mitigated.

 

Performance

 

The proponent is to deliver all road upgrades as deemed necessary by RMS and Cabonne Council, and to the satisfaction of those authorities, prior to any on-site mine construction works commencing.

 

 

29.    ROAD REPAIR AND MAINTENANCE CONTRIBUTION

 

Objective

 

To ensure that the impact of the development on infrastructure is considered and appropriately mitigated.

 

 

 

Performance

 

Within six (6) months of the issue of this consent the proponent is required to enter into an agreement with Cabonne Council for payment of an annual road repair and maintenance based upon the heavy vehicle traffic generation for the development.

 

The contribution to council will apply to the repair and maintenance of Cargo Road (MR 237) from its intersection with Canomodine Lane and the intersection with the Canowindra – Cudal Road (MR 310). The contribution calculation is to be established by Cabonne Council. The proponent’s contribution will also include the costs to council of engaging environmental management expertise.

 

 

30.    DRIVER CODE OF CONDUCT

 

Objective

 

In the interest of public safety.

 

Performance

 

The Driver’s Code of Conduct outlined in the EIS must be implemented and abided to by all employees and contractors from the time the development commences.

 

 

31.    COMPLAINTS LINE - TELEPHONE HOT LINE

 

Objective

 

To ensure the impact of the development on the environment and surrounding properties is considered.

 

Performance

 

The proponent is required to establish a telephone complaints hot line, for the purpose of receiving any complaints from members of the public in relation to activities conducted at the site, or by vehicles and plant associated with the site activity. The proponent must notify the public of the complaints telephone line so that the impacted community is aware of the service. This condition does not apply until the mine site construction commences.

 

 

32.    COMMUNITY CONSULTATIVE COMMITTEE

 

Objective

 

To ensure ongoing community engagement between the proponent, surrounding land owners and council, during the life of the project


 

 

Performance

 

The proponent shall establish and maintain a Community Consultative Committee for the life of the mine. The Community Consultative Committee is to be established in accordance with the Department of Planning’s guidelines.

 

 

33.    ANNUAL REPORT

 

Objective

 

To respond to the public interest in identifying and mitigating environmental impacts associated with the development proceeding.

 

Performance

 

The proponent is required to submit to Cabonne Council on or before the 31 December yearly an Annual Report that includes (but is not limited to) the following:

 

(a) Total extraction volume for the year

(b) Total volume of material transported from the site for the year

(c)  A record of any complaints received, including time / date of complaint, details of the complaint, and any action to rectify the complaint.

 

 

34.    BUILDING CONTROL

 

Objective

 

To ensure compliance with statutory provisions.

 

Performance

 

No building or structure may be erected without prior gaining the appropriate approvals or permits, unless the development is considered exempt development under SEPP (Exempt and Complying Development Codes) 1008 or SEPP (Infrastructure) 2007.

 

 

35.    ON-SITE WASTE MANAGEMENT SYSTEM

 

Objective

 

To ensure compliance with statutory provisions

 

Performance

 

The proponent must obtain approval from Cabonne Council to install and operate a system of sewage management on the site under section 68 of the Local Government Act 1993. The installation and operation of the system must be carried out in accordance with the conditions of approval.


 

 

 

Note: All plumbing and drainage works which may be required to be carried out to comply with the approval must be completed by a licenced plumber and to the requirements of the NSW Environment and Health Protection Guidelines and AS/NZ Standard 1547:2000 On-site Domestic Wastewater Management, AS 3500, National Plumbing and Drainage and the NSW Code of Practise: Plumbing and Drainage.

 

 

36.    LIGHTING

 

Objective

 

To identify and manage environmental impacts

 

Performance

 

The proponent shall ensure that any lighting associated with the development complies with AS 4282 (INT) Control of Obtrusive Effects of Outdoor Lighting (as amended) and is mounted, screened and directed in such a manner that it does not create a nuisance for surrounding properties.

 

 

37.    STORAGE OF CHEMICALS, FUELS AND OILS

 

Objective

 

To identify and manage adverse environmental and water quality impacts

 

Performance

 

All chemicals, fuels and oils shall be stored in appropriate bounded areas with impervious flooring and have sufficient capacity to hold 110% of the largest container stored within the bund area. The bund shall be designed and installed in accordance with the requirements of all relevant Australian Standards.

 

 

ADVISORY NOTES

 

No advertising signage has been approved as part of this development consent. Any signage not complying with the exempt development provisions will require separate development consent.


 

 

 

Protection of the Environment Operations Act 1997

General Terms of Approval –    

Issued

 

Notice No: 1539865

South - Bathurst

(by Delegation)

ATTACHMENT A

EPA's GENERAL TERMS OF APPROVAL

 

Except as expressly provided by these General Terms of Approval or by any conditions of approval issued by Cabonne Shire Council or the conditions of an in-force environment protection licence issued by the Environment Protection Authority, works and activities must be carried out in accordance with the proposal contained in:

•   the Development Application 2016/128 submitted to Cabonne Shire Council on 12 April 2016;

and

•   the Supporting Documentation (EIS) dated March 2016;

Should any conflict exist between the abovementioned documents, the most recent document or revision supersedes the conflict, except where superseded by any conditions of approval issued by Cabonne Shire Council or the conditions of an in-force environment protection licence issued by the Environment Protection Authority.

The Proponent must apply for and hold an in-force (i.e. issued) environment protection licence issued by the Environment Protection Authority prior to the Proponent carrying out any scheduled activities under the Protection of the Environment Operations Act 1997 as proposed.

The Proponent must comply with any additional requirements imposed by an in-force environment protection licence issued by the Environment Protection Authority.

Attachment 1

General Terms of Approval — for works requiring a Licence under Part 5 of the Water Act 1912 (Monitoring Bores)

Our Reference

Canowindra Limestone Project

File No:

 

Site Address

Canomodine Lane, Canowindra

DA Number

DA2016/128

I-GA

Cabonne Shire Council

Number

Condition

Plans, standards and guidelines

1

These General Terms of Approval (GTA) only apply to activities constituting a Licence associated with the proposed Groundwater Monitoring as conceptually defined in the documentation relating to the Canowindra Limestone project.

Any amendments or modifications to the proposed works may render these GTAs invalid. If the proposed activities are amended or modified the DPI Water must be notified to determine if any variations to these GTA will be required.

2

Prior to the commencement of any works associated with Groundwater Monitoring for the Canowindra Limestone Project, the consent holder must obtain the necessary Licence under Part 5 of the Water Act 1912, from DPI Water.

3

The licence shall lapse if the works is not commenced and completed within three years of the date of the issue of the licence.

4

The licence holder must, within (2) months of completion or after the issue of the licence if the work is existing, furnish to DPI WATER:

(a)  Details of the work as set out on Form "A" attached to the licence.

(b)  A plan showing accurately the location of the work in relation to the property boundaries.

(c)  Details of any water analysis and/or pumping test.

5

The licensee shall allow DPI Water or any person authorised by it, full and free access to the works, either during or after construction, for the purpose of carrying out inspection or test of the works and its fittings and shall carry out any work or alterations deemed necessary by the department for the protection and proper maintenance of the works, or the control of the water extracted and for the protection of the quality and the prevention from pollution or contamination of sub-surface water.

6

If during the construction of the work, saline or polluted water is encountered above the producing aquifer, such water shall be sealed off by:-

(a)        inserting the appropriate length(s) of casing to a depth sufficient to exclude the saline or polluted water from the work.

(b)       cementing between the casing(s) and the walls of the bore hole from the bottom of the casing to ground level.

Any departure from these procedures must be approved by the department before undertaking the work.

7

(a)        the licensee shall notify DPI Water if a flowing supply of water is obtained. The bore shall then be lined with casing and cemented and a suitable closing gear shall be attached to the borehead as specified by DPI Water.

(b)       if a flowing supply of water is obtained from the work, the licensee shall only distribute water from the bore head by a system of pipe lines and shall not distribute it in drains, natural or artificial channels or depressions.

www.water.nsw.qov.au

209 Cobra Street, Dubbo, NSW 2830 | PO Box 717 Dubbo, NSW 2830, Australia I e water.enquiries@dpi.nsw.gov.au

                                                                                                                 Attachment 1

Our Reference

Canowindra Limestone Project

File No:

 

Site Address

Canomodine Lane, Canowindra

DA Number

DA2016/128

I-GA

Cabonne Shire Council

Number

Condition

8

If a work is abandoned at any time the licensee shall notify DPI Water that the work has been abandoned and seal off the aquifer by:-

(a) backfilling the work to ground level with clay or cement after withdrawing the casing (lining); or

(b) such methods as agreed to or directed by DPI Water.

9

The licensee shall not allow any tailwater/drainage to discharge into or onto:- any adjoining public or crown road;

- any other persons land;

- any crown land;

- any river, creek or watercourse;

- any native vegetation as described under the native vegetation conservation act 1 997;

- any wetlands of environmental significance.

10

If the bore authorised by this license is lined with steel or plastic casing the inside diameter of that casing shall not exceed 220 mm.

I l

Water shall not be pumped from the bore authorised by this license for any purpose other than groundwater investigation.

12

Subject to condition (11) the licensee shall within two months of the date of completion of the bore authorised by the license

(1) backfill it with clay or cement to ground level, after withdrawing any casing(lining), or:(2) render it ineffective by any other means acceptable to the department.

13

Condition (10) shall have no force or effect if:-

(1)        at the relevant time there is with DPI Water, an application in respect of which the department has not made a decision to convert the groundwater investigation bore into a production bore; or

(2)        the licensee has completed the bore for the purpose of measuring water levels or water quality by the addition of casing with a diameter not exceeding 220mm.

END OF CONDITIONS

End of Attachment 1

www.water.nsw.qov.au

209 Cobra Street, Dubbo, NSW 2830 | PO Box 717 Dubbo, NSW 2830, Australia I e water.enquiries@dpi.nsw.gov.au

 


Item 23 Ordinary Meeting 20 December 2016

Item 23 - Annexure 2

 

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Item 24 Ordinary Meeting 20 December 2016

Item 24 - Annexure 1

 

DRAFT CONDITIONS OF CONSENT

 

1.   DEVELOPMENT IN ACCORDANCE WITH PLANS

 

Objective

 

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

 

Performance

 

Development is to take place in accordance with the attached stamped modified plans (Ref: Geolyse, proposed site plan, project number 216243, sheet TP03 of TP03 - marked revision A) and documentation submitted with the application and subject to the conditions below, to ensure the development is consistent with Council’s consent. 

 

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

 

 

2.   LOT DESIGN AND PURPOSE

 

Objective

 

To ensure the subdivision proceeds in accordance with Council’s consent and that the purpose of the newly created Lots are clarified in the context of Cabonne Local Environmental Plan, 2012.

 

Performance

 

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

(b)       Lots 1, 2, 3, and 4 have been approved under Clause 4.1(3) of the Cabonne Local Environmental Plan, 2012.

 

 

3.      APPLICATION FOR CERTIFICATION

 

Objective

 

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

 

Performance

 

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

 

AN ACCESS CONSTRUCTION CERTIFICATE to satisfy the requirements of Condition 10

AN ACCESS COMPLIANCE CERTIFICATE to satisfy the requirements of Condition 10

SUBDIVISION CERTIFICATE to satisfy the requirements of Condition 4

 

 

4.   REGISTRATION OF PLAN OF SUBDIVISION

 

Objective

 

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

 

Performance

 

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

 

 

5.      ASSET PROTECTION ZONES – RFS S100B Authority


Objective

 

The intent of measures is to provide sufficient space and maintain reduced fuel loads so as to ensure radiant heat levels of buildings are below critical limits and to prevent direct flame contact with a building. To achieve this, the following conditions apply

 

Performance

 

The existing Asset Protection Zones (APZs) around the existing dwelling are to be maintained as outlined within section 4.1.3 and Appendix 5 of ‘Planning for Bush Fire Protection 2006’ and the NSW Rural Fire Service’s document ‘Standards for asset protection zones’.

 

6.      WATER AND UTILITIES – RFS S100B Authority

 

Objective

 

The intent of measures is to provide adequate services of water for the protection of buildings during and after the passage of a bushfire, and to locate gas and electricity so as to not contribute to the risk of fire to a building.

 

Performance

 

The provision of water, electricity and gas shall comply with section 4.1.3 of ‘Planning for Bush Fire Protection 2006’.

 

 

7.      ACCESS – RFS S100B Authority

 

Objective

 

The intent of measures for property access is to provide safe access to/from the public road system for fire fighters providing property protection during a bush fire and for occupants faced with evacuation.

 

 Performance

 

Public road access shall comply with 4.1.3(1) of ‘Planning for Bushfire Protection 2006’.

 

 

8.      PROVISION OF RURAL ADDRESS NUMBER

 

Objective

 

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

 

Performance

 

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

 

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

 

9.      ERECTION OF RURAL ADDRESS NUMBER

 

Objective

 

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

 

Performance

 

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

 

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

 

10.    PROVISION OF PRIVATE ACCESS

 

Objective

 

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

 

Performance

 

Access must be provided to all proposed lots in accordance with Council’s Provision of Private Access Specification that is current at the time of application.

 

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

 

A joint inspection with the Principal Certifying Authority is to be held prior to commencing construction of the access.  Please telephone Council’s Development Engineer on 6392 3247 to arrange a suitable date and time for the inspection.

 

An Access Compliance Certificate for the accesses must be submitted to Council before any Subdivision Certificate can be issued for the development.

 

 

11.    TRAFFIC AND PEDESTRIAN MANAGEMENT PLAN

 

Objective

 

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

 

Performance

 

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

 

12.    CONTRIBUTION TO BUSHFIRE SERVICES

 

Objective

 

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

 

A copy of this Plan is available for inspection at Councils Department of Environmental Services Bank Street, Molong during business hours.

 

Performance

 

The applicant will make a contribution of $1,195.50 x 3 = $3,586.50 towards the improvement of Bushfire Services and Amenities for The Ponds Brigade (Income No: 1032) to Cabonne Council before any Subdivision Certificate can be issued for the development.

 

13.    ROAD IMPROVEMENT CONTRIBUTION (SUBDIVISION)

 

Objective

 

To make equitable contribution to address the impacts of development on Council roads.  The contribution has been levied to make improvements to the stated road in accordance with Council’s Road Contributions Plan dated April 2007, (General Rural Zone) or June 1993 (Rural Small Holdings Zone).

 

Performance

 

The applicant is required to make a road improvement contribution of $16,413.50 towards the improvement to Gowan Road (Income Number: 5321) to Cabonne Council before any Subdivision Certificate can be issued for the development.

 

 

14.    PROVISION OF POWER FOR SUBDIVISION

 

Objective

 

To ensure financial equity in providing adequate power supply for newly created Lots 1, 2 & 4.

 

Performance

 

Prior to the issuing of a Subdivision Certificate, the applicant will submit a Compliance Certificate from the Electricity Authority indicating that adequate power supply would be available to proposed Lots 1, 2 & 4 shall it be required.

 

 

15. COMPLIANCE WITH CONDITIONS OF CONSENT

Objective

 

To ensure the development proceeds in the manner as determined by Council.

 

Performance

 

All conditions of this consent are to be complied with to the standards specified prior to issue of a subdivision certificate.

 

 

ADVISORY NOTE

 

Objective

Advisory condition only where survey indicates the need for correction of the road alignment.

 

Performance

In the event that, during the course of the survey, it is found that part of a constructed public road intrudes onto the subject property, the applicant will be required to bear all survey costs which are common to that of the subdivision. Any request to Council for reimbursement for additional survey costs which relate directly to the road re-alignment should be direct council’s General Manager.


Item 27 Ordinary Meeting 20 December 2016

Item 27 - Annexure 1

 

 

 

 

 

 

Agenda of Ordinary Meeting - 20 December 2016

    

 


 

{Instruction for Contaminated Land Policy Template:

1      text in {} brackets are advisory notes and must be deleted in the final Council Specific policy.

2      text in [] square brackets are statements that are considered optional in developing your own council specific policy.

3      search for {  or [ to locate section to modify.

4      while the final policy format and content will be up to each council to determine, the more consistent policies are between councils the more effective they will be in improving CLM across the whole region. Therefore it is highly recommended that, with the exception of those statements identified as optional, the policy be adopted as is.}

Addendum May 2016

11.3  point 8 underground petroleum storage system to Underground Storage tank

12.3.2 add condition 5 fencing and erosion and sediment controls

17 correct regulation title

Appendix A add two historical land uses for electrical switch gear and transformers and off site impacts from regulated sites

Update Category 1 table of areas and zones with Standard Instrument details

Addendum September 2016

12.2 Addition considerations for Category 1 remediation DAs

12.3.2 update condition 14, replace condition 15 with condition 15, 16 and 17

12.5 add “report”

13.1 Clarify how reports may be assessed and audited 

14 Clarify Auditing requirements for Tier 2 and 3 risk assessments

16 correct offence provisions for unlawful waste facility

17 Add reference to planning considerations for UPSS regulation

Appendix A Minor edits and identify Table 1 activities

Appendix B Clarifying statements on how standard wording is to be used

 

Update standard conditions for

·    Remediation Action Plans,

·    Validation,

·    Site Management Plans

·    Site Audit Statements

·    Category 1 remediation conditions 1, 3, 7, 8, 9, 18, 20

Additional conditions around

·    Where evidence of contaminating activity is to be destroyed

·    Ongoing site management

Appendix C Amendments to Summary Report Template

Table of Contents

{Instruction for Contaminated Land Policy Template: 2

Table of Contents. 3

1            Preamble. 5

2            Policy Objectives. 6

3            Application. 6

4            Policy Statement. 7

5            Abbreviations. 7

6            Glossary. 8

7            Legislation. 12

8            Potentially contaminating land uses. 13

9            Information management. 13

9.1 Contaminated Land Information System definition. 13

9.2 What the information is used for. 14

9.3 Including or removing land from Council’s CLIS. 14

9.4 Land Contamination Investigation Status. 15

9.5 Provision of information. 16

9.6 Information provided on the s149 planning certificate. 17

10          Rezoning. 21

11          Development Applications. 22

11.1 Pre Development Application Meetings. 22

11.2 Development Assessment consideration of contamination. 23

11.3 Triggers for preliminary site investigation. 25

11.4 Conditions of consent requiring remediation. 25

11.5 Unexpected findings protocol 25

12          Remediation. 26

12.1 Remediation Overview and SEPP 55. 26

12.2 Category 1 remediation (requires consent). 26

12.3 Category 2 remediation (carried out without consent, SEPP 55). 29

12.3.1 Notification. 29

12.3.2 Conduct of remediation. 29

12.4 Underground Storage Tanks and Underground Petroleum Storage Systems. 32

12.5 Validation reports and Notice of completion of remediation. 32

13          Contaminated Land Consultants. 33

13.1 Reports. 33

13.2 Certification of consultant. 34

13.3 Insurance. 34

13.4 Summary Report. 34

14          Site Auditing. 35

15          Site Management Plans. 36

16          Contaminated land standards for pollution. 36

17          The Protection of the Environment Operations (Underground Petroleum Storage System (UPSS) Regulation (2014) enforcement. 37

Appendix A - potentially contaminating land uses. 39

Appendix B Standard Conditions of Consent. 43

Development Applications for contaminated sites. 43

Request for information: 43

Site History. 43

Preliminary investigations. 43

Detailed investigations. 43

Deferred Commencement or prior to Construction Certificate: 43

Remediation Action Plans. 44

Validation. 44

Environmental or Site Management Plans. 44

Site Audit Statement. 45

Category 1 remediation: 45

Appendix C Summary Report Template. 49

 


 

1         Preamble

Contaminated land is managed by Council to minimise the impacts of past land use on the orderly development of land in the future. Land may have become contaminated by actions in the past when issues around contamination, pollution and waste management were not considered important by the community and the long-term effects of some chemicals on the environment and human health were poorly understood.

The Environment Protection Authority (EPA) is the State body that regulates contaminated land under the Contaminated Land Management Act 1997; however Council has responsibility to ensure that when exercising its statutory planning functions in relation to the development of contaminated land, all the relevant information is considered. 

To do this Council must:

•     Consider the likelihood of land contamination as early as possible in the planning and development control process;

•     Link decisions about the development of land with the information available about contamination possibilities;

•     Adopt a policy approach which will provide strategic and statutory planning options based on the information about contamination; and

•     Exercise statutory planning functions with a reasonable standard of care.

This policy is made to guide Council on how it will carry out its planning functions, and to provide a local context for decision making in relation to contaminated land.  This policy is intended to supplement, and should be read together with, the Managing Land Contamination Planning Guideline (1998) with reference to Part 7A of the Environmental Planning and Assessment Act 1979.

It is expected that the reader of this policy will be familiar with the general contaminated land management framework that is set out in the Managing Land Contamination Planning Guideline (Department of Urban Affairs and Planning and EPA 1998), State Environmental Planning Policy 55 Remediation of Land (SEPP 55), the National Environmental Protection (Assessment of Site Contamination) Measure 1999, and other applicable legislation.

This policy sets out the local requirements for {insert Council Name} and must be read in conjunction with the other documents mentioned. Further information about the general principles of contaminated land management and how Council’s policy may relate to the sale or redevelopment of your land may be found on {insert appropriate website}.

This policy is based on the Central West Councils Regional Contaminated Land Policy Template, developed with assistance from the New South Wales Government through the EPA’s Contaminated Land Management Program under funding by the NSW Environment Trust.

 

2         Policy Objectives

The objectives of the policy are to describe how Council will keep relevant records, provide information to interested parties and make decisions regarding contaminated land. Specifically this policy will describe how:

·    Information about potentially contaminated land is collected;

·    Information is to be maintained in a Contaminated Lands Information System (CLIS);

·    Council will use information to appropriately manage the use of land and what information is required for the development of the land;

·    Information will be provided to owners of affected land and the public;

·    Information will be provided on s149 planning certificates;

·    Council should be notified of remediation activities within it LGA;

·    Clarify where Category 1 remediation activities will be identified;

·    how remediation activities should be conducted;

·    Consultants should report on contaminated sites;

·    A Site Audit Statement may be required;

·    A Site Management Plan will be enforced;

·    Council will use contaminated land standards and principles to address illegal land filling;

·    The UPSS (Underground Petroleum Storage System) Regulation is to be administered by Council.

3         Application

This policy applies to all land within the [insert Council name] Local Government Area and includes:

1      Where Council is duly exercising one of the following planning functions:

a.    Preparation of a planning proposal;

b.    Processing and determination of a development application or the modification of a development consent;

c.     Processing and determination of an application for a complying development certificate; and

d.    Furnishing of advice in a certificate under section 149; or

2      Where Council is:

a.    Investigating or remedying illegal land filling; or

b.    Administering the Protection of the Environment (Underground Petroleum Storage System) Regulation 2012.

Note: the functions described in paragraph 2 above are not 'planning functions' to which Council is afforded protection from liability under section 145B of the EP&A Act. 

4         Policy Statement

Where Council is aware of any past or present potentially contaminating land uses or activities (as described in this policy) it will maintain relevant information about the land on which that use or activity occurred or is occurring to ensure:

·    That land owners and other interested parties may be made aware of those uses; and

·    Council can assess land contamination issues and monitor remediation under State Environmental Planning Policy 55 Remediation of Land  (SEPP 55).

The information held is intended to aid decision-making regarding contaminated land investigations, land use planning and determinations.

This policy will restrict the use of land by:

1      Prescribing the circumstances where land is required to undergo some level of assessment for land contamination, or remediation, before consent can be granted for any development on that land or the land can be rezoned; and

2      Enforce the restrictions that, in the opinion of the consultant or auditor, are required through the imposition of a Site Management Plan that may be imposed on the land following remediation.

Council will set standards for the conduct of remediation and reporting of contaminated land matters to ensure that contamination and remediation can be effectively managed and monitored for the benefit of the community.

While Council will endeavour to develop and maintain a comprehensive collection of relevant information, it does not guarantee the completeness or accuracy of all the information held. To the degree that information is not required to be provided to Council or hitherto has not been required to be kept by Council, Council may not be in possession of all the relevant information for any given property at any given time.

5         Abbreviations

CLIS              Contaminated Land Information System

CLM             Contaminated Land Management

CLM Act     Contaminated Land Management Act 1997

DA                Development Application

DSI               Detailed Site Investigation

EPA              NSW Environment Protection Authority

EP&A Act   Environmental Planning and Assessment Act 1979

EP&A Reg  Environmental Planning and Assessment Regulation 2000

EPI                Environmental Planning Instrument

LEP               Local Environment Plan

NEPM         National Environmental Protection (Assessment of Site Contamination) Measure 1999

POEO Act   Protection of the Environment Operation Act 1997

PSI                Preliminary Site Investigation

RAP              Remediation Action Plan

SAS              Site Audit Statement

SEPP 55       State Environmental Planning Policy 55 Remediation of Land

SMP             Site Management Plan

UPSS           Underground Petroleum Storage System

UST              Underground Storage Tank

6         Glossary

Assessment of site contamination        A formal investigation and report carried out by a contaminated land consultant in accordance with the Planning Guideline, the Reporting Guidelines or the UPSS Regulation and may include a preliminary site investigation, a detailed site investigation, a remediation action plan or a validation report.

Category 1 remediation                            As defined in SEPP 55, being remediation that requires development consent.

Category 2 remediation                            As defined in SEPP 55, being remediation that may be undertaken without development consent.

Contaminated Land Management        In regard to Council’s responsibilities: The management of records relating to past or present land use, assessment of site contamination, provision of relevant information, monitoring of remediation and the determination of suitability for rezoning and development consents as described within this policy.

Contamination                                              As defined in EP&A Act: contaminated land means land in, on or under which any substance is present at a concentration above the concentration at which the substance is normally present in, on or under (respectively) land in the same locality, being a presence that presents a risk of harm to human health or any other aspect of the environment.

                                                                            or in CLM Act: Contamination of land, for the purposes of this Act, means the presence in, on or under the land of a substance at a concentration above the concentration at which the substance is normally present in, on or under (respectively) land in the same locality, being a presence that presents a risk of harm to human health or any other aspect of the environment.

                                                                            Note: Contamination and Pollution have similar statutory definitions, and while Council has statutory powers to regulate pollution (in particular under the Protection of the Environment Operations Act 1997) this policy is primarily concerned with contamination. A pollution incident is considered to be a matter that is dealt with in the short term by the relevant powers. Pollution can result in contamination if the pollution is not cleaned up in the short term or Council does not become aware of the issue within a reasonable time to be able to enforce a suitable remedy. 

Contamination assessment                     See Assessment of site contamination.

Deferred Commencement                       A development consent is granted subject to a condition that the consent is not to operate until the applicant satisfies the consent authority as to any matter specified in the condition, in accordance with s 80 (3) of the Environmental Planning and Assessment Act 1979.

Detailed Site Investigation                       Stage 2 – Detailed Investigation as defined in Planning Guideline, the Reporting Guidelines and the NEPM. An investigation that will define with high precision the nature, extent and risks posed by contamination.

Environmental Management Plan        See Site Management Plan.

Phase                                                                A term commonly used to refer to the formal stages of contamination assessment; however, it is not reliably consistent with the terms defined in this policy.

Planning Guideline                                      Managing Land Contamination Planning Guideline (Department of Urban Affairs and Planning and EPA 1998) or otherwise specified by s 145C Environmental Planning and Assessment Act 1979.

Pollution                                                          As defined in POEO Act
pollution means:
a          water pollution, or
b          air pollution, or
c           noise pollution, or
d          land pollution.
pollution incident means an incident or set of circumstances during or as a consequence of which there is or is likely to be a leak, spill or other escape or deposit of a substance, as a result of which pollution has occurred, is occurring or is likely to occur. It includes an incident or set of circumstances in which a substance has been placed or disposed of on premises, but it does not include an incident or set of circumstances involving only the emission of any noise.
land pollution or pollution of land means placing in or on, or otherwise introducing into or onto, the land (whether through an act or omission) any matter, whether solid, liquid or gaseous:
a          that causes or is likely to cause degradation of the land, resulting in actual or potential harm to the health or safety of human beings, animals or other terrestrial life or ecosystems, or actual or potential loss or property damage, that is not trivial, or
b          that is of a prescribed nature, description or class or that does not comply with any standard prescribed in respect of that matter, but does not include placing in or on, or otherwise introducing into or onto, land any substance excluded from this definition by the regulations.
See note under contamination.

Preliminary Site Investigation                 Stage 1 – Preliminary investigation as defined by the Planning Guideline, the Reporting Guidelines and the NEPM. An investigation that defines the potentially contaminating activities carried out on a site, the areas where contamination is most likely to exist and, if necessary, sufficient soil or groundwater sampling to confirm whether the land has been contaminated or not.

Reporting Guidelines                                 Guidelines for Consultants Reporting on Contaminated Sites (EPA 1997 updated 2011).

Remediation                                                  As defined in SEPP 55 remediation means:

a.    removing, dispersing, destroying, reducing, mitigating or containing the contamination of any land, or

b.    eliminating or reducing any hazard arising from the contamination of any land (including by preventing the entry of persons or animals on the land).

Remediation Action Plan                           Stage 3 – Site Remediation Action Plan as defined by the Planning Guideline and the Reporting Guidelines. A plan that sets out how a contaminated site can be made suitable for its intended use including methodology, clean-up criteria and validation procedures.

s149 planning certificate                           A planning certificate as defined under section 149 of the EP&A Act.

Site Audit                                                        Non Statutory Site Audit means a site audit undertaken by a site auditor that is not a requirement of a statutory instrument such as a development consent or regulation by the Contaminated Land Management Act (1997).

                                                                            Statutory Site Audit as defined in section 47 of the Contaminated Land Management Act (1997) means a site audit carried out in order to secure compliance with, among other things, a requirement of SEPP55 or a development consent.

                                                                            Site Audit Statement contains the Site Auditor’s findings and is in the form approved by the EPA. See s53B CLM Act.

Further information about Site Audits can be found in the NSW EPA website:
http://www.epa.nsw.gov.au/clm/auditorscheme.htm

Site Management Plan                              A plan that is intended to manage residual contamination following suitable remediation of a site.

Specific potentially contaminating        A land use specified in Appendix A that will, if determined to

land use                                                           have been carried out on the land, be used to identify land for contaminated land management under this policy.

Suitably qualified person                          Means a person who has such competence and experience in relation to the assessment of site contamination as is recognised as appropriate by the contaminated land management industry. They will also be, or be reasonably able to be, or supervised by a consultant who is, certified under a contaminated land consultant certification scheme recognised by the EPA.

UPSS regulation                                            Protection of the Environment Operations (Underground Petroleum Storage Systems) Regulation 2014

Validation Report                                        Stage 4 – Validation and monitoring as defined by the Planning Guideline and the Reporting Guidelines. A report detailing the results of the post-remediation testing against the clean-up criteria stated in the RAP.

7         Legislation

Contaminated Land Management Act 1997  

Provides for Site Auditing (s47), and specific requirements for 149 planning certificates in relation to the Act (s59).

Environmental Planning and Assessment Act 1979

Provides the basis of the planning system in NSW and permits the creation of State Environmental Planning Policies. Part 7A specifically details the liabilities for Planning Authorities in respect of contaminated land and defines the contaminated land Planning Guideline.

Environmental Planning and Assessment Regulation 2000

Sets out the requirements for s149 planning certificates (Schedule 4).

National Environmental Protection (Assessment of Site Contamination) Measure 1999.

Sets a national standard for contaminated site assessment.

Protection of the Environment Operations Act 1997

Enables the EPA, and Councils, to regulate pollution and waste in NSW.

Protection of the Environment Operations (Waste) Regulation 2014

Regulation of waste in NSW.

Protection of the Environment Operations (Underground Petroleum Storage Systems) Regulation 2014

Self-regulation regime of underground fuel storage in NSW

State Environmental Planning Policy No 55-Remediation of Land

Establishes the mandatory considerations for consent authorities when considering development applications in relation to contaminated land, and criteria for remediation of land before development can occur.

{Local Environment Plan for LGA}

8         Potentially contaminating land uses

This policy will identify those land uses that have a reasonable potential to result in land contamination that may need to be addressed during development.

The list of land uses and activities that this policy will specifically identify as having the potential to result in land contamination are in Appendix A. These land uses have the potential to cause land contamination because of the materials typically used, processed or stored on-site, the generation of contaminating waste products or the use of thermal processing.

In addition, the storage of significant volumes of petroleum or chemicals or activities involving the maintenance of motor vehicles or mechanical plant will be considered to be potentially contaminating land uses.

Where a property has been identified as having been associated with one or more of these land uses or activities, it will be included in the Contaminated Land Information System so that relevant information can be recorded and used for the purpose of this policy.

9         Information management

Note: Council’s records and classifications are not intended to reflect the risk of harm to human health or the environment for a property in its current state or by its current land use. Where there are concerns that need to be addressed in the short term, the Council should use its powers under the Protection of the Environment Operations Act 1997 or refer the matter to the EPA.

9.1 Contaminated Land Information System definition

Council will maintain a Contaminated Land Information System (CLIS) to record relevant information regarding land, its historical uses and activities carried out on it, assessments for contamination, remediation and Site Audits.

Information pertaining to a specific location shall include:

·    Current and historical property description;

·    Historical land uses or activities that have the potential to contaminate (See Appendix A);

·    The land contamination investigation status;

·    Reports and notices relating to contamination assessment;

·    Reference to and brief comments relating to development applications, development consents, planning proposals to rezone land approved (or refused on the basis of contamination-related issues) and complying development certificates;

·    Site Audit Statements; and

·    EPA correspondence.

The information will not include personal information except personal information that is included in an assessment report.

9.2 What the information is used for

The information held in the CLIS will be used for the purpose of fulfilling the policy statement (see Section 4 Policy Statement above).

Specifically the information will be used to:

·    Provide information on s149 planning certificate;

·    Inform development applications, modification applications, complying development certificate applications and assessments, including pre-DA meetings and assessment;

·    Inform strategic planning and the preparation of Planning Proposals;

·    Monitor and regulate remediation of contaminated land; and

·    Administer the UPSS regulation.

9.3 Including or removing land from Council’s CLIS

Land is included in the CLIS based primarily on information known to Council regarding land use and does not necessarily reflect whether the land is actually contaminated or not. Land will be identified on the CLIS if Council:

·    Holds records, or is aware, that the land has been used for a potentially contaminating land use as defined in Appendix A;

·    Has carried out an inspection that suggests the land is likely to have been affected by contamination, pollution, landfilling, or by being used in an environmentally unsatisfactory manner (refer to definitions in the POEO Act);

·    Is aware that the land has been the subject of remediation; 

·    Believes the land could have lawfully been used for a purpose listed in Appendix A and has no evidence to the contrary; or

·    Is aware that the land is, or has been, zoned for industrial purposes.

Any land where a new development is commenced, whether approved by Council, subject to a Complying Development Certificate or exempt development, that is consistent with land uses defined in Appendix A will be included on the CLIS when Council becomes aware of it.

Land will not be included where:

·    The use is at a domestic scale;

·    The land use is clearly operated at a scale that is unlikely to cause land contamination; or

·    The activity is, and has always been, generally of a retail or warehousing nature provided that any fuels, oil and chemicals remain in sealed containers from the manufacturer and are not dispensed or decanted into other containers; and,

·    Council is not otherwise aware that the land is likely to be contaminated.

 

Note: It is acknowledged that both agricultural and residential land can be subject to incidental contamination and that, in some circumstances, could give rise to a risk to human health and the environment, however it is considered unreasonable to apply this policy where there is no evidence of circumstances presenting such a risk. Areas of agricultural land such as fuel storages and stock dips will be considered for contamination assessment when a DA is received however the whole land parcel will not be included in the CLIS unless specific reports are provided to Council.

[A maximum of three land use descriptors will apply to each record.]

[When land is added to the CLIS the owner will be notified.]

As it is a requirement that Council review its records every time it issues a s149 planning certificate and considers land contamination before determining a development application, a record of land must not be removed from the CLIS unless Council is satisfied that the information held does not relate to the land, or that any potentially contaminating activity has not taken place on the land.

Where land is subdivided or consolidated, information about the former land uses on the land will be carried onto the new property description(s).

9.4 Land Contamination Investigation Status

To assist Council to monitor and communicate the level and quality of information about contamination on any land parcel, each parcel on the CLIS will be classified according to the significance of the information the Council holds about the parcel. Each parcel on the CLIS will be classified into one of five classifications:

Table 1.  Contaminated site investigation status classification

Investigation Class

Description

A - Identified

·    Council has identified that the land should be included on the CLIS because a potentially contaminating land use is known to have been undertaken (Appendix A), but the results of any formal investigation have not been provided to Council.