Agenda of Ordinary Meeting - 20 December 2016

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.

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.

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.

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.

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.

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.

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;

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.

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.

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.

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

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.

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

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.

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.

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,

(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

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

Political Disclosures

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

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

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

Nil planning application disclosures have been received.

Nil public submission disclosures have been received.

SUMMARY

The following report provides an assessment of the development application 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

4,006m

Large lot residential

(includes former police station / heritage item)

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,