Agenda of Ordinary Meeting

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 - 828068

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 - 2017 - 828069

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 - 828070

Recommendation

THAT any Political Donations be noted.

Acting General Manager's REPORT

A call for declarations of any Political Donations.

ITEM 4 - MAYORAL MINUTE

REPORT IN BRIEF

Reason For Report	To recommend that Council conduct a poll of electors in conjunction with the September 2017 Council elections.
Policy Implications	To determine future support for Council's direction.
Budget Implications	$10,000 additional to standard election costs.
IPR Linkage	4.5.1.c - Provide appropriate mechanisms for democracy and participation for Cabonne residents
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\AMALGAMATIONS\BLAYNEY SHIRE, CABONNE AND ORANGE CITY COUNCILS PROPOSED MERGER 2016 - 829411

Recommendation

THAT Council conduct a poll in conjunction with the September 2017 Council elections asking the question “Do you want Cabonne Shire Council to amalgamate with another Council”.

MAYORAL MINUTE

The Minister for Local Government, Hon Gabrielle Upton, wrote to council on 25February 2017 advising that a decision had been made not to proceed with the proposed merger of Blayney Shire, Cabonne and Orange City Councils and that local government elections would be conducted on 9 September 2017.

Following the announcement, a proposal put forward for the eastern section of Cabonne to break away and join with Orange LGA that was originally put forward five years ago has again been promoted.

Although council has previously conducted a survey indicating a very strong desire from ratepayers for Cabonne to remain as a whole entity, the outcome of this survey has been questioned in some areas due to the survey not being compulsory. To this end, I would recommend that council conduct a poll in conjunction with the 2017 elections asking the question

“Do you want Cabonne Shire Council to amalgamate with another Council”

The results of the poll could then be examined on both the overall percentage in favour and against, as well as by polling place. This would mean that results in areas where it has been stated that the residents wish to amalgamate with another area could be addressed. In 2012 the polling places were as follows:

· Borenore Public School

· Canowindra High School

· Cargo Public School

· Cudal Public School

· Cumnock Hall

· Eugowra Public School

· Manildra Public School

· Molong Anglican Church

· Mullion Creek Public School

· Nashdale Public School

· Orange High School

· Spring Hill Public School

· Spring Terrace Public School

· Yeoval Central School

Council has previously resolved to conduct a constitutional referendum to seek approval to reduce the number of councillors to nine, in conjunction with the 2016 elections. At that time, it was reported that the cost over and above the normal election cost for conducting the referendum would be $10,000, it is likely that the cost to conduct another poll would result in an equal cost being incurred.

ITEM 5 - 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 - 828073

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 6 - 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 - 828074

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 7 - 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 - 828075

Recommendation

THAT:

1. Councillors call any items they wish to further consider

2. Items 8 to 12 be moved and seconded.

Acting General Manager's REPORT

Items 8 to 12 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 8 - 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. February 28 2017 Ordinary Council minutes ⇩
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - MINUTES - 2017 - 828076

Recommendation

THAT the minutes of the Ordinary meeting held 28 February 2017 be adopted.

Acting General Manager's REPORT

The following minutes are attached for endorsement:

1. Minutes of the Ordinary Council meeting held on 28 February 2017.

ITEM 9 - WBC BOARD MEETING

REPORT IN BRIEF

Reason For Report	To endorse the minutes of the WBC Board Meeting held 27 February 2017.
Policy Implications	Nil
Budget Implications	Redundancy costs to be included in 2017/18 Budget
IPR Linkage	4.5.1.d - Maintain effective membership of Centroc, WBC Strategic Alliance, Hawkesbury City Council, Weddin Shire Council and Cabonne Council Country-City Alliance, LGNSW and other forums
Annexures	1. 20170227 Minutes WBC Board meeting ⇩
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNMENT RELATIONS\LOCAL AND REGIONAL LIAISON\WBC - 829447

Recommendation

THAT endorse the minutes of the WBC Strategic Alliance Board meeting of 27 February 2017.

Acting General Manager's REPORT

The WBC Alliance Board met on 27 February 2017 to discuss the future of the WBC Alliance. The Mayor, Clr MacSmith and the Acting General Manager were in attendance.

The Board reflected on the significant outcomes achieved during the 14 years of operation but acknowledged that the future of the current arrangement needed consideration. This had been previously identified in 2011 and 2012 with the various reports and studies; the savings made and levels of collaboration had plateaued to a point that the next stage was potentially even a shared services model. This research and investigation had been put on hold pending Destination 2036 in Dubbo and the subsequent review of local government in NSW by the Independent Review Panel conducted in 2012/13.

In 2015 Wellington Council withdrew from the Alliance due to the pending merger with Dubbo. Since then Central Tablelands Water (CTW) have moved from an affiliate membership to an equal role, and contributing the additional membership fees to meet the short fall from the withdrawal of Wellington. Due to the proposed merger situation in our region over the last 18 months the Alliance had not been operating in a formal collaborative sense as it had done previously, as each of the councils had competing resource demands. The focus of the work for the WBC Executive Manager during this time has been to provide support to the individual councils across a range of activities and functions, which was of course valuable and worthwhile. Also, whilst CTW remain a supportive partner, their investment from the Alliance if it remained the same post June 2017 and into the future was also reviewed and assessed.

The Board discussed the future options and models for the Alliance including the opportunity and importance to engage with potential new partners to maintain a focus on strengthening connections with like-minded rural councils in the region. It determined however, that whilst the model that had been in place from 2003 had been very valuable, this was not the model for the future.

Accordingly, the Board determined that the position of Executive Manager is not required beyond 30 June 2017 because the role has achieved the objectives of the WBC Alliance. In accordance with the resolution passed on 22 June 2016, the Board noted that the negotiated redundancy costs should be shared 50:50 between Cabonne and Blayney Shire Councils as Central Tablelands Water was only an affiliate member until 2015.

The member council’s however wish to reaffirm their commitment to the ongoing value of the Alliance and the Board will be investigating the advancement of a rural Councils' Alliance.

ITEM 10 - YOUTH WEEK CELEBRATIONS

REPORT IN BRIEF

Reason For Report	Youth Week is to be held between the 31 March and 9 April 2017.
Policy Implications	Nil - existing practice
Budget Implications	To be funded by a grant from the NSW Government.
IPR Linkage	3.1.2.d - Hold Youth Week activities
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\COMMUNITY RELATIONS\SPONSORSHIP - DONATIONS\SPONSORSHIP - DONATIONS - 2017 - 786414

Recommendation

THAT Council:

1. Contribute $500 to Youth Week Activities at Canowindra High School; and

2. Contribute $730 to Youth Week Activities at Molong Central School.

Community Services Manager's REPORT

Council has $1,230 to distribute to Youth Week Activities. In past years these funds have been directed to help one major event take place in Cabonne.

Notable past youth weeks have included a skate park event at Manildra, a full day of Youth Week activities at Yeoval Central School, and a day of activities followed by a disco at Molong Central School.

This year is Canowindra High’s turn to host a youth week event and the students there have organised a fluoro disco.

The student council at Canowindra have recently advised that they only require $500 to host the event.

At short notice Molong Central School has been contacted and they are willing to help facilitate a range of Youth Week activities at their school with the balance of the funding.

In addition to the Youth Week activities the schools have been contacted to organise an address by students at a future Council meeting.

ITEM 11 - FEBRUARY 2017 LOCAL TRAFFIC COMMITTEE

REPORT IN BRIEF

Reason For Report	For Council to ratify the recommendations of the committee.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.1.a - Provide quality administrative support and governance to councillors and residents
Annexures	1. Traffic Committee Minutes 23 February 2017 ⇩
File Number	\OFFICIAL RECORDS LIBRARY\CORPORATE MANAGEMENT\MEETINGS\TRAFFIC COMMITTEES - 829550

Recommendation

THAT Council ratify the recommendations of the Local Traffic Committee.

Acting Technical Services Manager's REPORT

Attached are the minutes of the Local Traffic Committee meeting held on 23 February, 2017. The items addressed and their associated recommendations are as follows:

Item 3. Orange Rally – Pipeking Southern Cross Rally Series

THAT council note the Orange Rally – Pipeking Southern Cross Rally Series.

Item 4. Royal Far West Riding for Country Kids 2017

THAT Council request more information in regard to the Royal Far West Riding for Country Kids 2017 event.

Item 5. Canowindra Balloon Festival

THAT Council approve the Canowindra Balloon Festival subject to:

1. Due to the proximity of each marshall, all marshalls must be in radio contact

2. The ‘Event, Drive Carefully’ flags are NOT to be used within any road reserve or road related area

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

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

b. Only RMS accredited Traffic Controllers (Blue/Grey Ticket) shall operate Stop/Slow bats if required

c. A 40kph speed zone is to be implemented past the event area as per the supplied TCP and Council is to be reimbursed for the cost of the application for the Speed Zone Authorisation (SZA).

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

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

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

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

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

Item 6 Change in Priority of Intersections

THAT:

1. The Waldegrave Rd/Long Swamp Rd/Woodville Rd intersection is realigned with:

a. Rumble Bars installed on the bitumen on the Waldegrave Rd approach.

b. ‘Stop Ahead’ signage installed on the Waldegrave Rd approach.

c. The eastern Long Swamp Rd approach realigned to create a staggered T intersection.

d. Rumble Bars installed on the bitumen on the eastern Long Swamp Road approach.

e. ‘Stop Ahead’ signage installed on the eastern Long Swamp Road approach.

f. Stop Signs installed on the Waldegrave Rd and eastern Long Swamp Rd approach.

g. ‘Give Way’ signage removed on the Woodville Rd approach.

h. Double Barrier lines on the bend of Woodville Rd and western end of Long Swamp Rd.

i. Chevron Alignment Markers installed on the bend of Woodville Rd and western end of Long Swamp Rd.

2. The Gavins Lane/Davys Plains Rd intersection is realigned where Gavins Lane/southern section of Davys Plains Road become the Through Road.

3. The Yellowbox Rd/Coates Creek Rd intersection is constructed as a Staggered T intersection. Coates Creek Road is to become the Through Road and the northern part of Yellowbox Road is to be shifted to the east.

Item 7 Temporary Removal of Mass Limit

THAT Council keep the 10t load limit on Council’s section of Vittoria Road and inform RMS that other options be considered.

Item 8 The Escort Way Intersection, Eugowra

THAT Council take no action at The Escort Way Intersection, Eugowra.

Item 9 Bus Route Extension along Bowens Lane - Resubmission

THAT Council not support the route extension along Bowens Lane.

Item 10 Concealed Driveway Sign – Cargo Road

THAT Council install a ‘Concealed Driveway’ sign on Cargo Road 100m to the east of the Woods Lane intersection, for traffic heading eastbound.

Item 11 Request for Signage on Wellington Street Molong

THAT Council install ‘Limit Exhaust Break’ and ‘B Doubles Not Permitted’ signage at the Edward St/Wellington St intersection and the Mitchell Hwy/Wellington St intersection.

ITEM 12 - EXEMPTION TO THE ALCOHOL PROHIBITED AREA AND ALCOHOL FREE ZONE AT THE VILLAGE GREEN, MOLONG FOR AN APPROVED EVENT - 100 MILE DINNER

REPORT IN BRIEF

Reason For Report	To release the restriction for the alcohol free area at the Village Green, Molong for the approved Food Week Event the 100 Mile Dinner
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\2014\03-2014-0124 - 829798

Recommendation

THAT:

1. Council agree to the Molong Advancement Group and Orange FOOD Week Committee’s request to suspend the Alcohol Prohibited Order and Alcohol Free Zone for the Village Green and the road reserve/pavement bounding Bank Street and Gidley Street, Molong for Monday 3 April 2017.

2. Advertise the abovementioned changes in the Molong Express prior to the event.

Senior Town Planner's REPORT

Council has received a request from the Molong Advancement Group and Orange Food Week Committee to temporarily revoke the alcohol restrictions that apply to the Village Green for one of Orange Food Week’s signature events, 100 Mile Dinner to be held on Monday 3 April, 2017. The committee also seeks to relax the order for the alcohol free zones on the road reserve and pavement along Bank and Gidley streets. Whilst the DA has approved hours from 2pm till Midnight on the day of the event (including set-up and clean-up), licensing for the sale and consumption of alcohol will only be permitted during the hours of 6:30pm to 10:30pm.

The order from the General Manager stipulates that it is prohibited to consume or bring alcohol onto the Village Green. It should be noted Orange City Council has agreed to similar requests to relax orders for events such as Slow Summer and Wine Week at Robertson Park in Orange.

Under Clause 645 of the Local Government Act there is the ability to either suspend or cancel an alcohol free zone or alcohol prohibited area. This may occur as a result of a request from a person or body, or at the Council’s own initiative. Consultation with the Canobolas Local Area Command Licensing Officer has been undertaken with no objections for the suspension of the alcohol restrictions for the duration of the event.

Should council agree to support the request from Molong Advancement Group and Orange FOOD Week Committee the changes will be formally advertised in the Molong Express at full cost to the event organisers.

CONCLUSION

A resolution from Council is needed to suspend the Alcohol Prohibited Order and the Alcohol Free Zone for the Molong Village Green and the surrounding road reserve and pavement areas for the proposed event – 100 Mile Dinner. Council will also have to formally advertise these changes in the media in accordance with the Local Government Regulations.

ITEM 13 - 2017 NATIONAL GENERAL ASSEMBLY

REPORT IN BRIEF

Reason For Report	To advise of call for Motions for the 2017 National General Assembly.
Policy Implications	Nil
Budget Implications	Registration, travel & accommodation costs approximately $3,000
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\AUSTRALIAN LOCAL GOVERNMENT ASSOCIATION - 827986

Recommendation

THAT Council:

1. Determine whether it requires representation at the 2017 National General Assembly.

2. If required, nominate and authorise the attendance of council representatives to the 2017 National General Assembly.

3. Submit any matters for motions which fall within the theme for consideration at the 2017 National General Assembly to the Acting General Manager.

Acting General Manager's REPORT

The Australian Local Government Association (ALGA) has made a call for motions for this year’s National General Assembly to be held in Canberra from 18-21 June.

The ALGA is calling for motions under this year’s theme “Building Tomorrow’s Communities”. Debate at this year’s NGA will focus on the role of Local Government in building tomorrow’s communities. The discussions will look at how councils can work in partnership with the Australian Government to meet the current and future needs of local communities.

To be eligible for inclusion motions must follow the principles:

· Fall under the NGA theme;

· Be relevant to the work of local government nationally; and

· Complement or build on the policy objectives of state or territory association

· Be from a council which is a financial member of their state or territory local government associate; and

· Not be advanced on behalf of external third parties which may seek to use the NGA to apply pressure to Board members, to gain national political exposure for positions that are not directly relevant to the work of, or in the national interests of the local government sector.

Motions are to be submitted online by Friday 21 April 2017.

Council did not attend last year’s NGA however has in previous years been represented at the NGA by the Mayor and General Manager. The costs for registration, accommodation and expenses is approximately $3,000 for two people.

ITEM 14 - 2017 AUSTRALIAN LOCAL GOVERNMENT WOMEN'S ASSOCIATION (NSW) ANNUAL CONFERENCE

REPORT IN BRIEF

Reason For Report	Seeking Councillors' interest in attending the ALGWA NSW Annual Conference in Penrith 4-6 May 2017.
Policy Implications	Nil
Budget Implications	To be funded from existing councillor professional development budget.
IPR Linkage	4.5.1.e Provide adequate training & professional development opportunities for Councillors.
Annexures	1. ALGWA_2017_ProgramOnline ⇩ 2. ALGWA_2017_Registration_Form ⇩
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNMENT RELATIONS\LOCAL AND REGIONAL LIAISON\LOCAL GOVERNMENT WOMENS ASSOCIATION - 828045

Recommendation

THAT interested councillors be authorised to attend the 2017 ALGWA (NSW) Conference.

Acting General Manager's REPORT

The 2017 ALGWA (NSW) Conference will be held in Penrith from 4-6 May 2017.

Conference program and registration details are attached. Any councillor interested in attending should nominate to be authorised to attend.

ITEM 15 - MULLION CREEK HALL

REPORT IN BRIEF

Reason For Report	To advise of proposed refurbishment/renewal of the Mullion Creek Hall by the Trustees.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	3.3.5.a - Review community need for new and upgraded facilities
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\ECONOMIC DEVELOPMENT\LIAISON\MULLION CREEK PROGRESS ASSOCIATION - 829808

Recommendation

THAT Council meet with the Mullion Creek Hall Trustees to discuss possible assistance with the renewal/refurbishment of the Mullion Creek Hall.

Acting General Manager's REPORT

The Mullion Creek & District Progress Association Inc have written to council in their capacity as Trustees for the Mullion Creek Hall. The Trust have had plans prepared by a local trade person for a new hall and seeking council assistance. They have also received numerous pledges of support from local tradespersons to assist with work in kind for the project.

There have been a number of Mullion Creek residents who have indicated a preference for maintaining the existing hall, with refurbishment works to be carried out, however the ultimate decision will rest with the Trust. To enable council to gain a better understanding of the requirements of the Trust it is recommended that representatives of council meet with them to determine a way forward.

ITEM 16 - CUMNOCK SHOWGROUND UPGRADES

REPORT IN BRIEF

Reason For Report	To advise on a request to pay for upgrade works from a reserve fund.
Policy Implications	Nil
Budget Implications	Funds available in reserve held for Capital Works in Cumnock.
IPR Linkage	3.3.5.a - Review community need for new and upgraded facilities
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\ECONOMIC DEVELOPMENT\LIAISON\CUMNOCK and DISTRICT PROGRESS ASSOCIATION - 830287

Recommendation

THAT Council contribute $4404.00 from reserve funds for payment of upgrades to the Cumnock showground amenities.

Acting General Manager's REPORT

Council has received a request from the Cumnock & District Progress Association to contribute $4004.00 to assist with payment for upgrades to the Cumnock Showground amenities block.

The Secretary of the Association has indicated that the total invoice amount is $9137.15 and that the Association is able to contribute $4733.15 with $4404.00 remaining.

A number of years ago Council sold the former Amaroo Shire Hall and set aside the proceeds of the sale in a reserve for future capital works in Cumnock. The current balance of the reserve is $4404.00 and the contribution would be in keeping with the original purpose of the reserve.

ITEM 17 - CENTRAL WEST LIBRARIES FUTURE SUPPORT

REPORT IN BRIEF

Reason For Report	For determination on which model Council will use with regard to the ongoing management of Central West Libraries
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	3.3.2.b - Participate in decision making processes and initiatives of Central West Libraries (CWL)
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\COMMUNITY SERVICES\LIBRARY AND PUBLIC INFORMATION ACCESS\CENTRAL WEST LIBRARIES - 829188

Recommendation

THAT Council adopt option 1 as detailed in the report as the preferred future model of Central West Libraries.

Acting Director of Finance & Corporate Services' REPORT

Councillor Culverson and Council’s Acting Director of Finance & Corporate Services attended the zone meeting of Central West Libraries on Wednesday 8 March 2017.

Central West Libraries Future Model was discussed at the meeting. In this model there were three options available: -

Option 1

Under this model it is intended that the service will still be provided under the branding of Central West Libraries (CWL), however the CWL entity will be dissolved and Orange City Council (OCC) would then assume the full responsibility of the service currently provided by CWL. Under this model OCC would enter into a multi-year performance based contract for the delivery of this service with each member council.

Risk: Under this model there would be no Central West Libraries Committee which has the potential for member councils to be disengaged.

Cost Variables: Under this model it is envisaged that the cost for the provision of library services would remain unchanged, on the assumption that the current level of service that is provided, also remains unchanged.

Option 2

Under this model it is intended that the service will still be provided under the branding of CWL, however the CWL entity will be dissolved and individual member councils assume the staff and administration of the libraries within their respective local government areas. Each council would need to take on the staff in their respective libraries and take responsibility for existing entitlements. Under a fee-for-service arrangement OCC will co-ordinate the resources (book stock, audio and e-resources) and the Library Management System (LMS) for each facility.

Risk: There are a number of service delivery implications in the transfer of staff to individual member councils:

· This would limit the flexibility and current practice of deploying staff across branches/Council areas

· Potential inequities of salary and professional development across CWL with variable service level implications

· Unclear reporting lines between employer (member councils) and professional expertise (CWL)

· Professional isolation

Cost Variables: Under this model it is envisaged that the total cost to member councils for the provision of library services would remain unchanged comprising a direct cost for staff and the charges from OCC. This is based on the assumption that the current level of service that is provided, is maintained. However, this option would provide greater flexibility to individual Councils to vary the level of library services provided to their communities, thereby creating an option to vary the cost of the service.

Option 3

The service that is currently being provided by CWL remains unchanged.

Risk: That member councils will not actively participate in the Central West Libraries Committee. In the recent past there have been examples of non-commitment by member councils which has resulted in the cancellation of Committee meetings due to the lack of a quorum. This could be addressed by a review of the Central West Libraries Charter and the reduction in the number of members needed for a quorum.

Option 1 is considered the preferred model as this will give Council the option to retain the existing costing model. Alternatively, Council may wish to negotiate with Orange City Council and increase or decrease the current level of service provided to the community, and therefore make changes to the costing model as agreed between both parties.

ITEM 18 - RELATED PARTY DISCLOSURE POLICY

REPORT IN BRIEF

Reason For Report	For Council to consider adoption of the draft Related Party Disclosure Policy
Policy Implications	Yes - if adopted will become Council's policy
Budget Implications	Nil
IPR Linkage	4.5.1.a - Provide quality administrative support and governance to councillors and residents
Annexures	1. DRAFT Related Party Disclosure Policy ⇩
File Number	\OFFICIAL RECORDS LIBRARY\CORPORATE MANAGEMENT\POLICY\POLICY CORRESPONDENCE - 827899

Recommendation

THAT:

1. The attached draft Related Party Disclosure Policy be adopted.

2. The Mayor, councillors and other designated Key Management Personnel complete and submit an initial Related Party Disclosure form within 30 days of the adoption of this policy.

Administration Manager's REPORT

From July 2016, the Australian Accounting Board Standard – Related Parties Disclosures (AASB 124) applies to councils in New South Wales.

Council is required to disclose Related Party Transactions and Relationships and Key Management Personnel compensation in the annual Financial Statements to comply with AASB 124. Council’s auditor will be making a presentation on the meeting day regarding disclosures required.

In order to be able to disclose the required information the attached draft policy provides for designated Key Management Personnel (KMP) to complete a Related Party Disclosure. KMPs are identified as:

· Mayor and Councillors

· Administrators

· General Manager

· Directors

· Anyone acting in one of the above positions

A copy of the proposed disclosure form is attached to the draft policy.

ITEM 19 - ANZAC DAY 2017

REPORT IN BRIEF

Reason For Report	ANZAC Day celebrations will be conducted throughout the Cabonne region
Policy Implications	Yes. Attendance at Orange and authorisation for attendance at any services in Cabonne is consistent with current policy.
Budget Implications	Yes, providing of wreaths to all services that will have councillor attendance.
IPR Linkage	4.4.1.c. Provide assistance to community groups
Annexures	1. ANZAC Day Services in Cabonne Timetable 2017 ⇩
File Number	\OFFICIAL RECORDS LIBRARY\RECREATION AND CULTURAL SERVICES\EVENTS MANAGEMENT\ANZAC DAY 2017 - 828728

Recommendation

THAT Council:

1. Authorise the Mayor or Deputy Mayor or a nominated councillor to attend the civic commemoration service in Orange on ANZAC Day 2017.

2. Nominate and authorise councillors to represent Council at ANZAC Day services throughout the Cabonne LGA.

3. Advise Canobolas and Orana Local Area Commands that Council offers no objection to the temporary closure of the streets involved, subject to compliance with local police regulations, in any of the towns and villages, which are to conduct ANZAC Day marches in the Cabonne LGA.

Administration Officer's REPORT

There will be 13 ANZAC Day services held in Cabonne Local Government Area (LGA) in 2017 as listed in the attached timetable.

It is customary for Council to grant approval to the various towns and villages for such marches, subject to the organisers of the march complying with the requirements of the local police concerning traffic barricades and police participation, if necessary.

The Council’s “ANZAC Day Commemorations Policy” endorses Council to provide a wreath to be presented at any of the services that councillors nominate to attend at the cost of $55.00 per wreath.

Traditionally the ANZAC Day Committee for the Civic Commemoration Service in Orange requests that Council provide a representative to take part in the wreath laying ceremony in Orange City on ANZAC Day and be a guest for the official ANZAC luncheon

The service will be held at the Cenotaph in Robertson Park commencing at 11.00am. Council’s representative will be among those in the wreath laying ceremony and invited as a guest for the official ANZAC luncheon at the Ex-Services Club at 12.30pm.

The Council's “ANZAC Day Commemorations Policy” states that the Mayor should represent Council at the ANZAC Day Celebrations in Orange. Should the Mayor not be available then Council will be represented by, in descending order of preference, the Deputy Mayor or one of the Councillors.

The Mayor has advised that he will be attending the Cudal service for 2017 as the Right Reverend Ian Lambert; Anglican Bishop to the Australian Defence Force, is to be the guest speaker and will be dedicating new plaques on the Memorial Gates at the commencement of the service

A resolution of Council is required to determine council’s representation at the Orange ANZAC Day service for 2017, and advise of councilor attendance at the services in Cabonne so that payment of travel expenses can be authorised, committees can be informed, and wreaths can be ordered.

ITEM 20 - LOCAL GOVERNMENT WEEK 2017

REPORT IN BRIEF

Reason For Report	To determine activities for Local Government Week 2017
Policy Implications	Nil
Budget Implications	Yes - dependant on which events are held.
IPR Linkage	4.5.2.c. Engage with community to determine future needs & objectives
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\RECREATION AND CULTURAL SERVICES\EVENTS MANAGEMENT\LOCAL GOVERNMENT WEEK 2014 - 2018 - 829089

Recommendation

THAT activities for Local Government Week 2017 be determined.

Administration Officer's REPORT

Local Government Week (LGW) is due to take place from Monday 31 July until Sunday 6 August 2017.

This year's theme is ‘Discovery, Diversity, Democracy'.

As per previous years, Council needs to determine activities that can be held for Local Government Week.

Examples of possible events Council could hold might include:

1. Celebrating the 25^th Anniversary of Cabonne/Blayney Family Day Care

The Cabonne/Blayney Family Day Care service commenced in August 1992 making August 2017 the 25^th anniversary of the service.

Council could hold a family friendly weekend event at the Molong Recreation Ground, hosting a BBQ lunch and family games and a jumping castle to coincide with Local Government Week and celebrate 25 years of delivering Family Day Care services to the communities.

2. Host an open day of the new Manildra Recycling Centre

Cabonne Council and the NSW Environment Protection Authority (EPA) officially opened the new Manildra Community Recycling Centre (CRC) on Monday 13 February 2017, where householders can drop off problem wastes for free.

Council received a $98,000 grant to establish the new centre under the NSW Government’s Waste Less, Recycle More initiative.

Council could hold an open day to further promote the Manildra Recycling Centre and allow the community to ask questions they may have to Councillors or council staff on the day.

3. Celebrate the rebranding of the previously named Home and Community Care Services in Cabonne

Council’s Home and Community Care Coordinator has advised that the name Home and Community Care has been changed to the Commonwealth Home Support Program, which no longer accurately describes what the service offers.

The service is currently calling for submissions for options of names that could be used to rebrand service.

Once the new name has been chosen, Council could organise to promote the services offered through the Council website and Facebook page and/or host an open day in Canowindra where the community can gain more information about the services that are offered in Cabonne.

4. Create a postcard competition for school students in Cabonne.

The theme being “Discovery, Diversity, Democracy”, with gift cards being awarded to the 1^st, 2^nd and 3^rd prize winners.

5. Host a “Meet the Councillors” open day in the Cabonne area

Give local residents the opportunity to meet the local councillors and discuss issues of importance in the Cabonne region.

6. Take a Councillor Tour of New Projects that Council has been working on in the current 12 months.

Some projects could include:

· Refurbishments at the Cudal Office and Cudal Hall

· Construction of the Multi-Purpose Sports Complex in Molong

· Refurbishment of the Molong Community Hall Kitchen

· Widening and pavement rehabilitation at Pinnacle Road

· The rock scaling at Escort Way and resealing the entrance, and safety guard rail at Escort Rock

· Widening, drainage, and sealing on Convent Road and at the Borenore School.

7. Hold a mock Australian Citizenship Ceremony with students reading the Oath and singing the National Anthem.

Council, when required hosts Australian Citizenship Ceremonies for new citizens that reside in Cabonne.

To follow the “Diversity” part of the theme for LGW 2017, Council could hold a mock Australian Citizenship Ceremony with students from the area to help understand the lengthy procedures that have to be undertaken before a person can gain Australian Citizenship and why students should be proud to be Australian Citizens.

ITEM 21 - EVENTS ASSISTANCE PROGRAM 2016/2017

REPORT IN BRIEF

Reason For Report	For Council to consider the applications for funding under the 2016/2017 Events Assistance Program
Policy Implications	Nil
Budget Implications	$1,500 funded under the Events Assistance Program 2016/2017
IPR Linkage	4.4.1.c - Provide assistance to community groups
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GRANTS AND SUBSIDIES\PROGRAMS\EVENTS ASSISTANCE PROGRAM 2016 - 2017 - 829136

Recommendation

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

1. Cumnock Show Society $500; and

2. Eugowra Country Fair $1,000.

Acting Economic Development Manager's REPORT

Council has received two applications from community organisations for funding under Council’s Events Assistance Program (EAP) for 2016/2017 for events to be held in Cabonne.

Council’s Community Development and Tourism Coordinator has provided the following assessments:

Application 1.

Organisation: Cumnock Show Society

Event: The Long White Lunch

Date: Saturday, 1 April 2017

Requested Amount: $500

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

Event Description

The Cumnock The Long White Lunch is one of the opening events in the 2017 F.O.O.D Week event program. The goal is to celebrate local produce and wine that showcase our various villages and organisations to the numerous visitors and local community.

The relaxed lunch encourages guests to wear white which will add interest and novelty to the event. Locally sourced products will be prepared by Edwina Mitchell and served with local beer, wine and cider. The wine is provided by Printhie Wines and the beer by Borenore Brewery who are all businesses located in Cabonne.

The Cumnock Show Society has organised the event to help raise sufficient funds to improve the amenities at the Cumnock Showground where the lunch is to be held. This goal has the intention of benefiting the whole of Cumnock for their various future community events.

The organisers plan to cap the event at 400 attendees and the current data indicates that 80% will be visitors to the area and come from outside the shire.

· Cabonne Council logo will be included on all promotional material

· Increase spend in the area

· Council and Cabonne’s profile will be raised

Assessment

This application meets the event assistance funding program objectives of a developing event. It will attract visitation to the area and support a number of Cabonne enterprises and in return support the Cumnock community with the funds raised.

Application 2.

Organisation: Eugowra Promotion and Progress Association

Event: Eugowra Country Fair

Date: 4 x Country Fairs (Summer Oct & Dec, Winter April & July)

Requested Amount: $984.60

To be funded: A contribution towards the marketing and advertising of the four seasonal events

Event Description

The Country Fair comprises both local and circuit stallholders providing art, craft, clothes and bric-a-brac. The aim is to expand the fairs’ profile and develop an ongoing venue for the shire’s artists, craftspeople and stallholders.

The four country fairs have been split into two venues. The October and December events will be held at Apex Park and the April and July fairs will be staged in Byrnes Park.

The country fairs are planned to provide a great family attraction and are aimed to be pivotal in assisting Eugowra’s economic growth. The funds raised from the country fairs are planned to be reinvested into community assets.

Assessment

This application meets the funding category of a developing event, as the event was held last year the organisers intend to continue to grow the fairs by adding value and additional activities for visitors to the Eugowra village. As there are four country fairs to be held during the year and promotional material produced and marketing required for each. The events will experience increased promotional costs. Therefore, it is recommended Council consider $1,000 to support and sponsor the four Eugowra Country Fair events.

· Cabonne Council logo will be included on all promotional material

· Increase spend in the area

· Council and Cabonne’s profile will be raised

· Increased visitors to the area

Events Assistance Program (EAP) status to date:

EAP Funding Allocation 2016/2017	$50,900
EAP Expenditure to Date 2016/2017
26 July Orange Wine Festival 14-30 October 2016	$5,000
23 Aug Canowindra Balloon Challenge 2017	$20,000
23 Aug Canowindra Airing of the Quilts 1-3 October 2016	$3,000
23 Aug Cycling NSW Masters Road Cycling Championship 2017	$5,000
27 Sept Canowindra Baroquefest	$2,000
27 Sept Taste Orange@Barangaroo	$500
27 Sept Mulga Bill Pioneers Camp Cooking Experience	$500
28 Feb MBC Women Agri-Business - What the Future Holds	$1,500
28 Feb Canowindra Creative Centre Make it, Bake it, Grow it	$500
28 Feb Canowindra@home 100Mile Dinner 2017	$1,000
28 Feb F.O.O.D Week 2017	$5,000
28 Feb Banjo Paterson Festival	$1,000
28 Feb At the Vineyard Presents	$500

Total Expenditure	$45,500
Remaining Funds	$5,400

ITEM 22 - DRINKING WATER BUBBLERS

REPORT IN BRIEF

Reason For Report	For Council to agree to replace water bubblers
Policy Implications	Nil
Budget Implications	Possible expenditure of $10,500
IPR Linkage	3.3.6.a - Maintain sporting, recreational, council and community facilities
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\PARKS AND RESERVES\MAINTENANCE\MOLONG RECREATION GROUND - DR ANDREW ROSS MEMORIAL PARK - 829400

Recommendation

THAT Council: -

1. Agree to the replacement of drinking water bubblers at Molong, Canowindra and Manildra at a cost of $3,800 per bubbler;

2. Install an additional water bubbler at the Skate Park precinct at Canowindra; and

3. Contact Central Tablelands Water to share the cost of replacement bubblers and the additional bubbler at Canowindra.

Acting Director of Engineering & Technical Services' REPORT

Council at its February meeting resolved to receive a report concerning the water bubblers at Canowindra, Manildra and Molong.

The bubblers, located in Morris Park at Canowindra and Kiewa Street in Manildra are in need of repair, but due to the suppliers going out of business, spare parts to undertake the necessary repairs are unavailable. The third bubbler located in the Village Green is still operational, but it would be prudent to replace it with the others, to maintain product consistency and a guarantee of replacement parts.

Council received quotations for replacement bubblers of a more robust construction and the installation cost is estimated at $3,800 per bubbler.

Further, a request has been submitted to Council for an additional bubbler to be installed adjacent to the Skate Park at Canowindra.

Central Tablelands Water were a co-sponsor with Council for the original bubblers and it is recommended that they be requested to continue to share the costs of replacement bubblers and the installation of the additional bubbler at Canowindra.

ITEM 23 - MODIFICATION TO DEVELOPMENT APPLICATION 2016/141/1 - REQUEST TO DELETE CONDITION 12 - PROPOSED FARM STAY ACCOMMODATION AT 92 HEIFER STATION LANE, BORENORE BEING LOT 4 DP 1025766

REPORT IN BRIEF

Reason For Report	To obtain council's review of a condition of development consent
Policy Implications	Applicant seeks exemption from s94 roads contribution plan levy
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. Modification Development Application - Farmstay Accommodation ⇩
File Number	\Development Applications\DEVELOPMENT APPLICATION\2016\03-2016-0141 - 829091

Recommendation

THAT Modification of a Development Consent (DA 2016/141) seeking deletion of condition 12 of the consent for a proposed farm stay accommodation development at 92 Heifer Station Lane, Borenore being land described as Lot 4 in DP 1025766, be refused and that the Section 94 Roads Development Contribution Plan 2007 condition of consent, as issued, apply to the development.

Director of Environmental Services' REPORT

ADVISORY NOTES

Record of voting

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

Political Disclosures

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

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

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

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

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

Nil planning application disclosures have been received.

Nil public submission disclosures have been received.

SUMMARY

The following report provides an assessment of the modification application to Development Application 2016/141/1 seeking deletion of condition 12 of that development consent.

The development application relates to a proposal for two (2) self-contained, one-bedroom farm stay accommodation cabins to be constructed upon a 23.7ha rural allotment located at 92 Heifer Station Creek Lane, Borenore.

The application has been referred to the Council for determination as the proponent seeks a variation to planning standards.

It is recommended that the application be refused.

Applicant: Andrew Saunders and Helen Chegwidden

Owner: Andrew Saunders and Helen Chegwidden

Proposal: Requesting deletion of condition 12 of development consent DA 2016/141

Location: Lot 4 DP 1025760 – 92 Heifer Station Lane, Borenore

Zone: RU2 Rural Landscape

Background

The subject lot was created vide DA 2001/003 as an irrigated agriculture allotment. A section 94 road development contribution applied to the subdivision. Subsequently in 2012 a development application was lodged and approval granted for the use of the allotment for irrigated agriculture and an ancillary dwelling. No section 94 development contributions applied as contributions had applied at the subdivision stage. Central West Certifiers issued a Construction Certificate for the dwelling in September 2013. No notification has been received of the issue of a Final Occupation Certificate for the development.

A development application for farm stay accommodation was lodged with council in April 2016. The two (2) proposed cabins are to provide short stay visitor accommodation with a target market including the district’s FOOD and Wine Week and other festivals and events including the ANFD event at Borenore.

Development Consent was issued under council’s delegated authority on 20 June 2016 subject to conditions of consent. Condition 11 of the Notice of Consent required a Bushfire Services Contribution Plan levy of $382.70, while condition 12 of the consent required a Road Contributions Plan levy of $9,073.75. Although the development was for two cabins, a discount was applied to the contributions rates as the cabins were both one bedroom facilities and the traffic generation of the two buildings combined was considered equivalent to that of a standard residential dwelling.

A construction certificate was issued for the two cabin development by a private certifier in August 2016. There is no record that a final occupation certificate has been issued for the development, however it is noted that the proponent is advertising the cabins as available for bookings with rates for weekend and week days based upon a minimum 2-night stay.

THE PROPOSAL

The proponent requests the deletion of condition 12 of the development consent. Condition 12 reads as follows:

12. ROAD IMPROVEMENT CONTRIBUTION (RURAL DWELLING)

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 $9,073.75 towards the improvement to Heifer Station Lane (Income Number: 5366) to Cabonne Council prior to any Occupation Certificate being issued for the dwelling.

Site Map

8082172

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)

In accordance with Section 96(1) of the Environmental Planning and Assessment Act 1979 the proposed modification is of minimal environmental impact and is substantially the same development for which consent was granted.

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

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 100ha
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 (Molong Drinking Water)
Riparian land and watercourse map, groundwater vulnerability map	Groundwater vulnerable (Moderately High – High)
Land reservation acquisition map	NA

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. The proposed development for farm stay accommodation is permissible within this zone, subject to council’s development consent.

Objectives of the RU2 Rural Landscape zone

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

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

· To maintain the rural landscape character of the land.

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

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

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

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

Part 2 – Permitted or prohibited development

The proposed development is a permitted land use in the RU2 zone.

Part 4 – Principal development Standards

The modified application does not alter the previous assessment.

Part 5 – Miscellaneous provisions

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

Part 6 – Additional local provisions

No additional measures are required to minimize or mitigate the impacts of the proposed modified development.

Clause 6.4 Groundwater vulnerability

The subject land has been identified as “Groundwater Vulnerable” on the Groundwater Vulnerability Map (Moderately high-high). The proposed modified development will not have any adverse impacts on groundwater dependent ecosystems nor any cumulative effect on the groundwater itself.

Clause 6.5 Drinking water catchments

The site is identified as “Drinking water catchment” on the Drinking Water Catchment Map (Molong Drinking Water). The proposed modified development is not considered to have an adverse impact upon the quality and quantity of water entering drinking water storages.

Clause 6.8 Essential services

Adequate provision of power, telecommunications, potable water, on site effluent management and access can be provided for the site.

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 application. The proposed modified development will not impact upon any existing vegetation.

State Environmental Planning Policy (Rural Lands) 2008 applies to the development. The modified development is not inconsistent with the provisions of the SEPP.

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

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

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

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

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

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

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

Access and traffic

Access to the subject site is via an existing access point off Heifer Station Lane being an unsealed road.

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

Council’s Bushfire Services Contributions Plan and Section 94 Road Contribution Plan for Rural Zones 2007 are applicable to the development and conditions of consent were applied to the initial consent.

The proponent seeks deletion of the road contribution condition (submission attached) based on there being no nexus between the development and there being no specific works schedule relating to upgrade of Heifer Station Lane. The submission suggests council review its s94 Development Contributions Plan for wider landuse application.

In reviewing the applicant’s request, council may consider either supporting the submission, or alternatively, maintaining the status quo.

The council’s Development Engineer has reviewed the submission and provided the following comments:

In the assessment of the proposed farm stay (x 2 cabins) it was considered that proposed development met the ‘Nexus’ under the “Road Contributions Plan (Section 94) for General Rural Zones” as per the following extract:

(a) Determination of the additional population (or dwellings, floor space, etc) generated by the development (causal relationship); and

(b) Determining from the above, the increased demand for amenities and services and where and when they will be needed (the physical and temporal relationship).

Council’s original assessment of the proposed farm stay accommodation proposal determined that the proposed development would generate additional population and floor space (causal relationship), along with increased demand for amenities and services when they are needed (physical and temporal relationship), and that condition 12 of the issued development consent should be retained.

The council has consistently applied s94 contributions across the Cabonne LGA in accordance with the above nexus. The applicant is correct that a works schedule is not an annexure to the roads contributions plan. Council is currently reviewing its contributions plans.

The Cabonne Council Road Contributions Plan (section 94) for general rural zones was adopted by council on 16 April 2007 and came into effect on 21 April 2007. The plan supported the then operative Cabonne Local Environmental Plan 1991 or subsequent amendments to that plan, and related to land zoned Rural 1(a) General Rural, 7(c) Environmental Protection – Water catchments, and 1(f) Forestry. These zones transitioned in the standard instrument Cabonne Local Environmental Plan 2012 to RU1 Primary Production, RU2 Rural Landscape and RU3 Forestry.

The purpose of the roads contributions plan is to provide a framework to ensure public facilities are provided as part of new development so that the existing community is not burdened by the provision of facilities and public services as a result of the development occurring.

Section 2.3(b) of the plan states that the purpose of the plan is to ‘ensure that adequate public facilities are provided for as part of any new development’.

Section 3 of the roads contributions plan addresses ‘nexus and basis for contributions’. The document states:

‘Fundamental to the levying of s94 is the establishment of a nexus between the proposed development and the need for increased amenities and services. If council fails to demonstrate an increased demand for amenities and services, it cannot charge section 94 contributions.

Three aspects of nexus can be identifiers – casual (sic), physical and temporal. That is, the need for the service or facility being levied for it must be a direct result of the development being levied; the service or facility must be near enough in physical terms to provide benefit to the development; and finally, that the service r facility must be provided within a reasonable time.

Where a clear relationship between development and demand for amenities and services can be demonstrated, council has satisfied the nexus precondition for the levying of a section 94 contribution. (Dept of Planning 1992 Section 94 Contributions Manual p7)’

‘The basis for the council’s position with respect to the nexus for Roads Contributions is that additional subdivision development generates additional traffic on the service roads to such developments, which in turn increases and brings forward the need for capital improvements to such road. There is, therefore, a clear nexus between new development fronting an existing Shire road and increasing traffic volume on that road. In turn, this increase in traffic volume has a cost resulting from the need to improve the road. The developer should therefore pay for that part of the increase in road standard needed to address the impacts of his/her development.’

‘Council will hold contributions levied in the name of the access road system servicing the development. Contributions will only be expended in accordance with the works schedule and will only be spent on improvements to the gravel access road relating to the development.’

The subject land was approved as a rural allotment. The site contains a 1.9ha apple orchard, improved pasture for livestock grazing and a three-bedroom dwelling approved as being ancillary to the existing and proposed irrigated agricultural activity. A 4.3ha olive grove is proposed to be established. Subsequently, two dwellings have been constructed for use as short term farm stay accommodation.

The increase in commercial activity upon the site, being the provision of short tern accommodation in purpose built cabins is considered to be an additional traffic generating use of the existing unsealed local road being Heifer Station Lane. Condition 12 of the development consent for DA 2016/141 reflects the nexus between the commercial accommodation use incorporated into an existing farm site and an increased demand for public access along Heifer Station Lane.

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

The proposed modified development is not advertised development; and due to the nature of the development was not required to be neighbour notified.

PUBLIC INTEREST s79C(1)(e)

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

The council’s Development Contributions Plans, including the 2007 contributions plan require review. In particular, the plans need to be revised to incorporate current legislation and the Cabonne LEP 2012’s emphasis on tourism / traffic generating developments.

The review is being carried out by GLN Planning who are specialists in this field. While the review of the current plans, and the preparation of a comprehensive draft development contributions plan has proceeded substantially, it cannot be finalized until a costed 10-year capital works program can be provided to the consultant by council.

CONCLUSION

That Modification Application for DA 2016/141/1 requesting deletion of Condition 12 of the issued development consent be considered by council, and that the road contribution be required for the farm stay development proposed for land described as Lot 4 DP 1025766, 92 Heifer Station Lane, Borenore.

ITEM 24 - REQUEST TO MODIFY DEVELOPMENT CONSENT - DEVELOPMENT APPLICATION 2015/133/1 - 104 KENT ROAD, MULLION CREEK

REPORT IN BRIEF

Reason For Report	To obtain council's consideration of the applicant's request to review the development determination.
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. Letter ⇩
File Number	\Development Applications\DEVELOPMENT APPLICATION\2015\03-2015-0133 - 829423

Recommendation

THAT the Modification Application seeking to delete condition 11 of Development Application 2015/133 for a dwelling upon Lot 102 DP 1070947, 104 Kent Road, Mullion Creek, be refused.

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 modification application submitted for review of Condition 11 of the consent issued for construction of a three-bedroom dwelling upon a concessional allotment being Lot 102 DP 1070947 known as 104 Kent Road, Mullion Creek.

The application has been referred to the Council for determination as the proposal seeks a variation to development consent.

It is recommended that the application be refused.

Applicant: T & S Low

Owner: Sarah L Low

Proposal: Deletion of condition 11 of development consent

Location: Lot 102 DP 1070947 – 104 Kent Road, Mullion Creek

Zone: RU1 Primary Production

Background

Development consent was issued under council’s delegated authority on 22 April 2015 for a three-bedroom dwelling to be constructed upon a concessional allotment known as 104 Kent Road, Mullion Creek. A private certifier issued a Construction Certificate for the development on 25 February 2016.

The subject land was created via subdivision under the former Cabonne Local Environmental Plan 1991, and subsequently registered 21 July 2004. Lot 102 was created under Clause 14 of the Cabonne Local Environmental Plan 1991 which allowed a dwelling (formerly known as a concessional lot). As such, a dwelling is permissible under the provisions of CLEP 2012 Clause 4.2A(3)(c).

The development consent issued for construction of a dwelling required compliance with a number of conditions of development consent. Condition 10 of the consent required an upgrade of the vehicular access to the property noting that the access as installed at the time of subdivision had not been maintained and had eroded. Condition 11 of the consent required removal of roadside vegetation to ensure adequate sight distance to permit safe ingress / egress to the property.

Other conditions of consent related to provision of an internal access road, adequate on-site water supply and use of non-reflective building materials.

The conditions of consent applied to the dwelling proposal relate to the environmental assessment of the suitability of the site to accommodate the proposed development. The removal of roadside vegetation has been required to ensure safety to vehicles accessing the concessional lot and to ensure the safety of road users. The requirements are generated by the increased activity proposed upon the subject land, it previously being rural land in character.

THE PROPOSAL

The proponent requests that council delete 11 of the development consent. (letter attached). The proponent states that the vegetation is located upon council’s road reserve and should be removed by council at its cost, or that the vegetation should have been removed by the developer at time of subdivision of the land.

Condition 11 reads as follows:

11. REMOVAL OF VEGETATION

Objective

To ensure that safe egress is achieved by maintaining adequate sight distance.

Performance

The applicant is required to remove, at his/her full cost, vegetation to the west and east of the existing access to achieve a safe sight distance of 250 metres stipulated in the RMS Guidelines for Safe Intersection Sight Distances.

Before Works can commence the applicant must, in consultation with Council, identify those trees, which will need to be removed to achieve the designated sight distance.

The proponent agrees that the vegetation clearing is required. In discussions on site between the proponent and council’s Development Engineer it was identified that vegetation including a pine tree and three gum trees would need to be removed to ensure safe sight distance was provided to the driveway.

Site Map

The subject land is rectangular in shape and has an area of approximately 5.01ha. There is a pine windbreak around the majority of the perimeter of the site with the remainder of the site being cleared of vegetation. There are no watercourses or dams on the site. There is an existing shed in the north eastern corner of the site. Surrounding land uses include grazing operations and associated dwellings.

MATTERS FOR CONSIDERATION

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,