cabonne Council colour 200 wide

 

 

 

 

 

 

 

 

19 July 2017

 

 

NOTICE OF ORDINARY COUNCIL MEETING

 

Your attendance is respectfully requested at the Ordinary Meeting of Cabonne Council convened for Tuesday 25 July, 2017 commencing at 2.00pm, at the Cabonne Council Chambers, Bank Street, Molong to consider the undermentioned business.

 

 

 

Yours faithfully

SJ Harding

GENERAL MANAGER

 

 

ORDER OF BUSINESS

 

1)       Open Ordinary Meeting

2)       Consideration of Mayoral Minute

3)       Consideration of General Manager’s Report

4)       Resolve into Committee of the Whole

a)    Consideration of Called Items

b)    Consideration of Closed Items

5)      Adoption of Committee of the Whole Report

 

 

 

 

 

 


 

ATTENDEES – JULY 2017 COUNCIL MEETING

 

 

2.00pm

Philip Donato and his Senior Electorate Officer Brett Cooke

 

Jan Kerr Canowindra Balloon Challenge – outcomes report from 2017 Canowindra Challenge

 

 

 

 

 

 

 

 

 

 


 

 

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

 

 

 

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

 

 


         

 

 

 

 

 

 

 

 

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 


GENERAL MANAGER’S REPORT ON MATTERS FOR DETERMINATION SUBMITTED TO THE Ordinary Council Meeting TO BE HELD ON Tuesday 25 July, 2017

Page 1

TABLE OF CONTENTS

 

 

 

ITEM 1      APPLICATIONS FOR LEAVE OF ABSENCE.................................. 4

ITEM 2      DECLARATIONS OF INTEREST....................................................... 4

ITEM 3      DECLARATIONS FOR POLITICAL DONATIONS.......................... 5

ITEM 4      MAYORAL MINUTE - APPOINTMENTS........................................... 5

ITEM 5      COMMITTEE OF THE WHOLE........................................................... 6

ITEM 6      GROUPING OF REPORT ADOPTION.............................................. 7

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

ITEM 8      COUNCIL PICNIC DAY........................................................................ 8

ITEM 9      LOCAL GOVERNMENT WEEK 2017 UPDATE............................... 9

ITEM 10    INTEGRATED PLANNING & REPORTING - OPERATIONAL PLAN FINAL QUARTER REVIEW............................................................................ 10

ITEM 11    ORANA HOUSE................................................................................... 11

ITEM 12    REVOTE OF ITEMS FROM THE 2016/17 BUDGET.................... 12

ITEM 13    REQUESTS FOR DONATIONS........................................................ 12

ITEM 14    EVENTS ASSISTANCE PROGRAM 2017/2018............................ 14

ITEM 15    PROPOSAL FOR ESTABLISHMENT OF A TRUCK WASH AT MOLONG 19

ITEM 16    MAY 2017 LOCAL TRAFFIC COMMITTEE................................... 20

ITEM 17    COUNCIL POOLS............................................................................... 22

ITEM 18    CANOWINDRA MEN'S SHED........................................................... 24

ITEM 19    REQUEST FOR THE APPLICATION OF COUNCIL SEAL FOR VARIATION OF RESTRICTION ON USE OF LAND LOT 224 DP 1064871, 8 JAMES DALTON LANE, WINDERA................................................................................ 24

ITEM 20    REQUEST FOR THE APPLICATION OF COUNCIL SEAL FOR VARIATION OF RESTRICTION ON USE OF LAND FORMERLY DESCRIBED AS LOT 100 DP 1019244 AND CURRENTLY IDENTIFIED AS LOTS 40 & 41 DP 1231827, 298 LAKE CANOBOLAS ROAD, CANOBOLAS.................................. 25

ITEM 21    DEVELOPMENT APPLICATION 2017/129 SHIPPING CONTAINER LOT 3 DP 11160, 19 HAIG STREET, CUMNOCK............................................ 26

ITEM 22    DEVELOPMENT APPLICATION 2017/158 FOR ADVERTISING SIGNAGE UPON CANOWINDRA SERVICES AND CITIZENS CLUB IN GASKILL STREET, CANOWINDRA.................................................................................... 28

ITEM 23    DEVELOPMENT APPLICATION 2017/89 FOR A DWELLING AND ECOTOURIST FACILITY UPON LOT 712 DP 792758 LAND ON MCMURRAYS LANE, CARGO................................................................................................................. 36

ITEM 24    QUESTIONS FOR NEXT MEETING................................................ 48

ITEM 25    BUSINESS PAPER ITEMS FOR NOTING...................................... 48

ITEM 26    MATTERS OF URGENCY................................................................. 48

ITEM 27    COMMITTEE OF THE WHOLE SECTION OF THE MEETING... 48

Confidential Items

 

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

 

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

Procedural

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

Procedural

ITEM 3      DEBT RECOVERY REPORT OF OUTSTANDING DEBTS

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

ITEM 4      SEWER ACCOUNT 5451010002 REQUEST FOR CONSIDERATION OF INTEREST CHARGES

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

ITEM 5      WATER ACCOUNT 4420010001 REQUEST FOR CONSIDERATION OF CONSUMPTION CHARGES

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

ITEM 6      WATER ACCOUNT 4100100009 REQUEST FOR CONSIDERATION OF CONSUMPTION CHARGES

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

ITEM 7      REQUST FOR CONSIDERATION OF SEWER CHARGES 4028000000

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

ITEM 8      SECTION 18A WEEDS NOTICES

(e) information that would, if disclosed, prejudice the maintenance of law

ITEM 9      SECTION 18 WEEDS NOTICES

(e) information that would, if disclosed, prejudice the maintenance of law   

 

ANNEXURE ITEMS

 

ANNEXURE 7.1    June 27 2017 Ordinary Council minutes........... 48

ANNEXURE 9.1    Timetable and Map LGW Councillor Tour 2017 48

ANNEXURE 10.1  Integrated Planning & Reporting - Operational Plan Final Quarter Review 2016/17.............................................. 48

ANNEXURE 12.1  Revotes 2016/17................................................................ 48

ANNEXURE 13.1  OCCSH FEE PROPOSAL.................................................... 48

ANNEXURE 16.1  TRAFFIC COMMITTEE 2017 05 25 - MINUTES.............. 48

ANNEXURE 18.1  2017 CANOWINDRA MEN'S SHED DRAFT CROWN RESERVES STANDARD LICENCE AGREEMENT............................... 48

ANNEXURE 23.1  2017 89 Draft Conditions of Consent Rossiter    48 

 


 

 

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 - 852190

 

 

Recommendation

 

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

 

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 - 852191

 

 

Recommendation

 

THAT the Declarations of Interest be noted.

 

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 - 852192

 

 

Recommendation

 

THAT any Political Donations be noted.

 

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 - 852193

 

 

Recommendation

 

THAT the information contained in the Mayoral Minute be noted.

 

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 - 852194

 

 

Recommendation

 

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

 

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 - 852196

 

 

Recommendation

 

THAT:

1.    Councillors call any items they wish to further consider

2.    Items 7 to 9 be moved and seconded.

 

 

General Manager's REPORT

 

Items 7 to 9 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.  June 27 2017 Ordinary Council minutes    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - MINUTES - 2017 - 852197

 

 

Recommendation

 

THAT the minutes of the Ordinary meeting held 27 June 2017 be adopted.

 

General Manager's REPORT

 

The following minutes are attached for endorsement:

 

1.   Minutes of the Ordinary Council meeting held on 27 June 2017.

 

 

 

ITEM 8 - COUNCIL PICNIC DAY

REPORT IN BRIEF

 

Reason For Report

Seeking Council's approval to conduct the annual Picnic Day.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.6.a. Performance measures are in place

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\PERSONNEL\ARRANGEMENTS\PICNIC DAY - 854513

 

 

Recommendation

 

THAT:

 

1.    Council approve the annual Picnic Day to be held on Friday 13 October 2017.

2.    Council authorise the attendance of all councillors at the Picnic Day.

3.    Councillors note the cost of $52 for attending the Picnic Day to be paid to the Picnic Committee from the Councillor Expense Account.

 

 

General Manager's REPORT

 

Council has received a request from the Staff Picnic Committee, seeking Council’s consent to hold the annual Council picnic day on Friday 13 October 2017.

 

Council has always supported the conduct of the Council picnic day for all staff members, and a continuation of this practice is supported.

 

The usual practice for the conduct of the picnic is to make the picnic available for all staff who purchase a picnic ticket and attend on the day.   Staff who do not participate in the picnic day have the option to take annual leave or a rostered day off, as appropriate.

 

This year’s picnic will be held in Molong.  The day will consist of golf, tennis, bowls and lunch.  The cost of attending the picnic day is $52 which covers the cost of activities, lunch and refreshments.

 

Councillors are welcome to attend and should notify the General Manager if they wish to do so, noting this will relate to the newly elected councillors following the election.

 

 

 

ITEM 9 - LOCAL GOVERNMENT WEEK 2017 UPDATE

REPORT IN BRIEF

 

Reason For Report

To confirm activities for Local Government Week 2017

Policy Implications

Nil

Budget Implications

Yes - expenses for Councillor Bus Tour

IPR Linkage

4.5.2.c. Engage with community to determine future needs & objectives

Annexures

1.  Timetable and Map LGW Councillor Tour 2017   

File Number

\OFFICIAL RECORDS LIBRARY\RECREATION AND CULTURAL SERVICES\EVENTS MANAGEMENT\LOCAL GOVERNMENT WEEK 2014 - 2018 - 854266

 

 

Recommendation

 

THAT Council note the proposed Local Government Week council program, including the variation of lunch at the Cabonne Food, Wine & Cultural Centre (Cordon Store) in Cudal.

 

 

Administration Officer's REPORT

 

At the 28 March 2017 Council meeting Council resolved the following:

 

“THAT Council hold a tour of new projects together with visits to Mullion Creek, Borenore and Cudal Schools and hold a BBQ at the new Manildra Recycling Centre as the Cabonne activities for Local Government Week 2017.”

 

A draft timetable has been prepared to facilitate the school visits and site inspections on 1 August 2017.  To ensure that timeframes can be reasonably adhered to, the Acting General Manager has suggested that a variation be considered, proposing Cudal as a convenient lunch stop.  This would coincide with inspections of Cudal projects, and enable utilization of facilities at Cordon Store for a lunch break.  The Manildra Community Recycling Centre (CRC) would be inspected as part of the afternoon schedule.

 

The initial proposal for a BBQ at the Manildra CRC would require outsourcing to cater for the function, and may be impacted should inclement weather be encountered.

 

A schedule of the tour including the proposed change of venue for lunch is attached to the report for Council’s information.

 

 

ITEM 10 - INTEGRATED PLANNING & REPORTING - OPERATIONAL PLAN FINAL QUARTER REVIEW

REPORT IN BRIEF

 

Reason For Report

To provide Council with the final quarter review for the 2016/2017 Integrated Planning & Reporting Operational Plan.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

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

Annexures

1.  Integrated Planning & Reporting - Operational Plan Final Quarter Review 2016/17    

File Number

\OFFICIAL RECORDS LIBRARY\CORPORATE MANAGEMENT\PLANNING\INTEGRATED PLANNING AND REPORTING 2016-2017 - 854471

 

 

Recommendation

 

THAT, subject to any alterations the Council deems necessary at the July Council meeting, the update of the Operational Plan to 30 June 2017, as presented be adopted.

 

Acting Director of Finance & Corporate Services' REPORT

 

The Local Government Act requires Council to consider a quarterly report on the review of its annual Operational Plan.

 

The purpose of this report is to allow Council to assess its performance against its agreed objectives, actions and strategies.

 

The final quarter updates for the Integrated Planning & Reporting Operational Plan for 2016/2017 is attached which shows the culmination of the actions and strategies undertaken during that quarter.

 

ITEM 11 - ORANA HOUSE

REPORT IN BRIEF

 

Reason For Report

To advise Council of receipt of structural engineer's report

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.4.1.c - Provide assistance to community groups

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\COUNCIL PROPERTIES\MAINTENANCE\CANOWINDRA ORANA HOUSE - 854768

 

 

Recommendation

 

THAT:

 

1.   The information outlined in the report be noted.

 

2.   Council proceed with the sale of Orana House as previously resolved.

 

3.   Alternate locations be sourced to accommodate current user groups of Orana House.

 

Acting Director of Finance & Corporate Services' REPORT

 

Council recently requested a structural engineer inspect Orana House and provide an assessment report to determine structural integrity of the building for commercial under taking.

 

The engineers report has detailed significant cracking in internal and external brick walls and joint failures between the walls, cracks ranging from 4mm to 15mm are evident. The eastern external wall has separated from the adjacent wall ranging from 15mm to 30mm.  

 

Corrugated roof iron sheets are in an unserviceable condition.  Damp proof course is absent in the wall construction and there is no proper alignment of the foundation slab from east to west on the southern wall. There is a potential health hazard as there are possible danger of bacterial, fungal and mould attacks to occupants of the building.

 

It is recommended that in the interim, prior to the sale of the premises, and to ensure public health and safety, that council consider relocating current community user groups to an alternate location.

 

ITEM 12 - REVOTE OF ITEMS FROM THE 2016/17 BUDGET

REPORT IN BRIEF

 

Reason For Report

The work identified in the projects listed in the report was not commenced in the 2016/17 budget year and permission is sought to enter these projects in the 2017/18 budget

Policy Implications

No

Budget Implications

No

IPR Linkage

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

Annexures

1.  Revotes 2016/17    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - BUSINESS PAPERS - 2017 - 852589

 

 

Recommendation

 

THAT the items listed as revotes in the attached report be entered into the 2017/18 Budget.

 

Senior Accounting Officer's REPORT

 

The attached list of works identify those projects which did not commence in the 2016/17 budget year.

 

Various factors contributed to that result including, contractors availability, timing, staff changes, uncertainty due to proposed  amalgamation and delays experienced in estimating the scope of works.

 

Additionally, the August 2016 extreme rainfall events caused lengthy delays. Other work had to be prioritised to cope with the additional work created in the repair of State, Regional and Local road network within the shire. Cabonne staff carried out additional RMS Ordered Works to the value of $5 million for flood damage and Newell Highway contraflow.

 

The revotes are covered by Reserve transfer, including those funded from the budget for 2016/17. Those projects have been placed in a revoted expenditure reserve for use in the 2017/18 year.

 

 

ITEM 13 - REQUESTS FOR DONATIONS

REPORT IN BRIEF

 

Reason For Report

For Council to consider the requests for donations recieved.

Policy Implications

Nil

Budget Implications

To be funded from existing budget allocation.

IPR Linkage

4.4.1.c - Provide assistance to community groups

Annexures

1.................................................... OCCSH Fee Proposal    

File Number

\OFFICIAL RECORDS LIBRARY\COMMUNITY RELATIONS\SPONSORSHIP - DONATIONS\SPONSORSHIP - DONATIONS - 2017 - 854526

 

 

Recommendation

 

THAT Council donate:

 

1.  $500 to the Orange, Cowra, Cabonne Science Hub project; and

2.  $300 to the Manildra Pre-School Fundraising Committee.

 

Community Services Manager's REPORT

 

The Orange – Cowra - Cabonne Science Hub (OCCSH) is seeking a contribution of $5,000 each from Orange, Cowra and Cabonne Councils to enable the employment of a facilitator one day a week to assist with projects being delivered in 2017-2018 for OCCSH.

 

The hub is a part of the National Innovation and Science Agenda and is supported by the Cowra based CORRIDOR project which is the lead organisation for the OCCSH (Orange Cowra Cabonne Science Hub).

 

The Hub is currently financially supported by Inspiring Australia and the Department of Industry and Science to foster public participation in science, technology and innovation in local regional communities.

 

Between July 2016- June 2017 they have secured $37,000 in successful funding for STEM projects. STEM education is the learning of science, technology, engineering and mathematics in an interdisciplinary or integrated approach. This funding is primarily for community and school STEM engagement delivering seminars, workshops, field trips, talks and STEM equipment.

 

Currently they are developing an expert led, facilitated and programmed travelling STEM maker space in Orange, Cowra and Cabonne, and producing six podcasts for Science Week August 12th-20th 2017 in STEM professions with Luke Wong from Orange ABC OPEN, for under 18 year olds.

 

They have offered to address a Council meeting on the OCCSH activity over the last few years and on their future plans.

 

At the time of writing it is unknown what level of support will be received from Orange and Cowra Councils.

 

If this project was funded for the full amount of $5,000 from the s.356 budget there will be insufficient funds to contribute to the many other worthy requests received by Council and there is no alternative budget allocation available for this.

 

The Manildra Pre-school Fundraising Committee has been working for the past 3 years to upgrade the children's outdoor learning environment at the Manildra Preschool.

 

The first stage of the project involved the removal of trees and unsafe play equipment, and upgrading and building a deck around the sandpit at a cost of $10,000. The next stage involves a pathway from the gate to the front door, a dry creek bed and further landscaping costing another $10,000.

 

The committee have raised a further $2,500 this year towards this stage and are seeking other support to help fund the rest of the outdoor learning environment project.

 

There is $8,400 available for donations for the 2017/18 financial year.

 

 

 

ITEM 14 - EVENTS ASSISTANCE PROGRAM 2017/2018

REPORT IN BRIEF

 

Reason For Report

For Council to consider the applications for funding under the 2017/2018 Events Assistance Program

Policy Implications

Nil

Budget Implications

$31,600 funded under the Events Assistance Program 2017/2018

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 2017-2018 - 852240

 

 

Recommendation

 

THAT Council approve funding of under the 2017/2018 Events Assistance Program (EAP) for the following events.

 

1.   $600 for Yeoval & District Progress Association 

2.   $5,000 for Orange Vignerons Association

3.   $5,000 for Canowindra Fine Music Inc

4.   $20,000 for Canowindra Balloon Challenge

5.   $1,000 for Manildra District Improvement Association

 

 

 

COMMUNITY DEVELOPMENT & TOURISM COORDINATOR REPORT

 

Council has received five applications for funding under its 20017-2018 Events Assistance Program (EAP) for events to promote Cabonne and attract visitors to experience the area.

 

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

 

Application 1.

 

Organisation:                               Yeoval & District Progress Association

Event:                                             Back to Yeoval Weekend

Date:                                               28, 29 & 30 July 2017

Requested amount:                    $575

Reason for funding:                             A contribution towards offsetting the marketing, promotion and event management commitments.

                                                                             

Event Description:

 

Yeoval & District Progress Association is organising the “Back to Yeoval Weekend” that will celebrate the 10th anniversary of the Mulga Bill Quick Shear and the 60th anniversary of the Yeoval Satellite newsletter.

 

Cabonne Council’s logo will be included on all marketing and promotional material distributed prior to the event. An advertisement will appear in the Central NSW Discover magazine for the month of July and banners displayed that recognise Cabonne Council’s support of this event and throughout the weekend at the various activities.

 

The event aims to attract many visitors from outside the region to the ‘Back to Yeoval’ weekend. This will help to promote the village and the many businesses involved during the weekend activities. This event presents an opportunity to display the Towns and Villages Guide at the Banjo Paterson More than a Poet Museum that highlights all villages in Cabonne and the many attractions to experience in the shire.

 

Assessment

 

This application meets the event assistance funding program objectives of a developing event. Its aim is to attract visitation to the area and support a number of Cabonne business enterprises.

 

Application 2.

 

Organisation:                               Orange Vignerons Association

Event:                                             Orange Wine Festival 2017

Date:                                               13 - 22 October 2017

Requested amount:                    $5,000

Reason for funding                              A contribution towards offsetting the marketing, promotion and event management of the Orange Wine Festival 2017

 

Event Description:

 

Orange Wine Festival is one of four major events in the region that showcase the region’s renowned food and wine and attracts strong visitor numbers and interest to the area.

 

This year the Orange Wine Festival will be held over 10 days with events and activities that highlight the region’s wines through various wine shows, tastings, educational workshops, cellar doors, restaurants and celebrations with local produce and talent.

 

Cabonne Council has approximately 80% of the district’s wine growers, cellar doors and vineyards located in the shire. Reports state that the area now boasts 70 vineyards with 40 cellar doors operating in the region.

 

Orange Wine Festival helps to build awareness of our region, it attracts numerous new visitors and builds community pride in our assets and attractions in the area.

 

Cabonne Council will receive the following in recognition, benefits and opportunities for supporting and participating in this key event.

 

·    Council logo placed on the Orange Wine Festival Program with 10,000 hard copies printed and 2,700 downloaded.

·    Increased visitors to the region

·    Increased spend from visitors to the region

·    Raise awareness and enhance the Cabonne profile of our producers and vignerons and will build on the Discover the Riches villages campaign

 

Assessment

 

The submitted application meets the grant criteria of the Events Assistance Program as a flagship event that attracts visitors to Cabonne and makes a significant contribution to the economy of Cabonne and our region.

 

In 2016 Council allocated $5,000 under the Events Assistance Program to support the Orange Wine Festival 2016.

 

 

Application 3.

 

Organisation:                               Canowindra Baroquefest

Event:                                             Canowindra Fine Music Inc.

Date:                                               October 2017

Requested amount:                    $5,390

Reason for funding:                             A contribution towards offsetting the marketing, promotion and event management commitments.

Event Description:

 

Following on the success from 2016, the organisers have now planned for this to be an annual music and cultural festival in the Canowindra event calendar. This is the third Festival to held, it has been successful in attracting musicians from around the region, state and international who have contributed in a positive way to the fine music education of school students.

 

The 2017 program will offer a blend of day and night performances that will stimulate cultural interest. It is a celebration of fine music that presents four concerts, busking, art, dinners, wine and VIP events utilising a variety of Canowindra venues.

 

Canowindra Baroquefest has formed a partnership with the Canowindra Arts Group to increase the cultural experience and maximise the entertainment variety.

 

The application meets the grant criteria of a Category Core event under Events Assistance Program. The Canowindra Baroquefest took place first in 2015 and has since established itself on the Cabonne Event’s calendar in attracting visitors and increasing spend.

 

The Canowindra Baroquefest will:

·    Place Council’s logo on all promotional material.

·    Increase visitors to the region.

·    Increase visitor spend in the region.

·    Raise awareness and enhance the region’s profile and its many village attractions to the visitors.

In 2016 Council allocated $5,000 under the Events Assistance Program to support Canowindra Baroquefest.

 

 

Application 4.

 

 

Organisation:                     Canowindra Challenge Inc

Contact:                              Jan Kerr

Event:                                  Canowindra Balloon Challenge

Date:                                    18 -25 April 2018

Requested Amount:         $20,000

To be funded for: :                      A contribution to support the festival’s marketing and program development

 

Event Description:

 

The renowned Canowindra Balloon Challenge is a weeklong competitive ballooning event that aims to offer a world-class balloon competition that attracts many visitors to the area.  Additional activities conducted during the week include Balloon Glow Spectacular, Family Friendly Food and Wine market, variety of market stalls and a rugby match.

 

Canowindra Balloon Challenge is a significant spectator event that attracts visitors from all over the state and international. The 2018 the forecast is expected to exceed 10,000 people to attend the event along with over 250 competitors, crew, officials and volunteers.

 

This is the last year of the tri-annual Regional Flagship funding provided by Destination NSW.

 

Canowindra Challenge Inc. Chair Graham Kerr and Secretary Jan Kerr will deliver a presentation to Council at the meeting 25 July 2017. The presentation will outline their event plans for 2018 and deliver a summary report and financial on the outcomes of this year’s Balloon Challenge.

 

The Canowindra Balloon Challenge event will:

 

·    Place Council’s logo on all promotional material.

·    Increase visitors to the region.

·    Increase visitor spend in the region.

·    Raise awareness and enhance the region’s profile and its many attractions to the visitors.

 

Assessment

 

The submitted application meets the grant criteria of the Events Assistance Program as a flagship event that will attract visitors to Cabonne and make a significant contribution to the regional economy.

 

In 2017, Cabonne Council allocated $20,000 to support the Canowindra Balloon Challenge.

 

Application 5.

 

Organisation:                     Manildra District Improvement Association Contact:                              Glenda Gibson

Event:                                  Manildra Christmas Party & Monster Fireworks

Date:                                    13 December 2017

Requested Amount:         $1,000

To be funded for:                        A contribution to support the festival’s marketing and program development

 

Event Description:

 

The Manildra District Improvement Association have organised the Manildra 

Christmas Party for a number of years now with the aim to foster community spirit. Five years ago, the organisers included the monster fireworks display that has added excitement and created strong community interest. The event attracts families and people of all ages from across Cabonne and has grown considerably each year by promoting fun and the festive season.

 

The Manildra Christmas Party venue is the Jack Huxley Oval and the program includes, novelty children events, Lions BBQ, entertainment, Christmas carols by the local choir, Santa will make an appearance along with the monster fireworks display.

 

The overall benefit of this event is that it demonstrates the strength of community and brings all local businesses and organistations together to unite and work together to ensure all are welcome.

 

Council has previously supported this event under the Events Assistance program for $500. It has been reported that the event is growing in attracting new visitors and strong community interest.

 

Assessment

 

The submitted application meets the grant criteria of the Events Assistance Program as a developing event that will attract visitors to the Cabonne village and make a significant contribution to local businesses and community groups

 

Events Assistance Program (EAP) status to date:

 

EAP Funding Allocation 2017/2018

$50,900

EAP Expenditure to Date 2017/2018

 

 

 

Total Expenditure

$ 0

Funds Available

$50,900

 

 

ITEM 15 - PROPOSAL FOR ESTABLISHMENT OF A TRUCK WASH AT MOLONG

REPORT IN BRIEF

 

Reason For Report

Council to accept grant funding for the proposed Molong Truck Wash.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

1.4.1.b - Construction of Regional Roads

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\ROADS and BRIDGES\PROGRAMS\FIXING COUNTRY TRUCK WASHES 2017-2018 - 848930

 

 

Recommendation

 

THAT Council accept funding of $505,060 from Transport for NSW for the construction of a Truck Wash facility at Molong.

 

Acting Director of Engineering & Technical Services' REPORT

 

Council has received notification from Transport for NSW under the Fixing Country Truck Washes program that it was successful with its recent application and has approved the funding amount of $505,060.

 

The proposed project, to be located at Molong, is aimed to service local farm and stock transporters who freight stock from saleyards to properties, or between farmland locally. The proposed facility would comprise construction of a single bay truck wash, effluent disposal pit and treatment system.

 

With the inclusion of an effluent disposal pit, it would allow transporters who carrying stock through Molong to empty their effluent tank en-route, thus minimising potential risk of spillage that would have environmental impacts.

 

The placement of the proposed truck wash facility at Molong will deliver reduced truck time on roads, as the nearest facility is a 164km round trip to Carcoar, hence having environmental benefits regarding potential disease spread and lower fuel usage.

 

Council staff will be preparing a further report to council pending investigations into the feasibility of implementing the project.

 

 

 

ITEM 16 - MAY 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 – 25 May 2017    

File Number

\OFFICIAL RECORDS LIBRARY\CORPORATE MANAGEMENT\MEETINGS\TRAFFIC COMMITTEES - 853029

 

 

Recommendation

 

THAT Council ratify the recommendations of the Local Traffic Committee.

 

Manager Technical Services' REPORT

Attached are the minutes of the Local Traffic Committee meeting held 25 May 2017. The items addressed and their associated recommendations are as follows:

 

Item 3. West Charity Tractor Trek Group Inc – 2017 Tractor Trek

 

THAT Council approve the event 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 the NSW Police Regional Commander under Section 115 of the Roads Transport Act (2013)

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

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

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

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

 

Item 4. Proposed School Bus Route Extension at Mullion Creek

 

THAT Council supports the bus route extension.

 

Item 5. Proposal to Increase Parking in Bank Street Molong

 

THAT Council conduct a study into the feasibility of nose-in parking in Bank Street Molong. including 60 degree parking option instead of 45 degree parking.

 

Item 6. Signage on Boree Lane

 

THAT Council undertake a Crash analysis of Boree Lane; and Erect new signage advising Boree Lane is a No Through Road.

 

Item 7. No Access to Lake Canobolas Sign – Manchester Lane Nashdale.

 

THAT Council install a No Through Road sign on Manchester Lane, Nashdale.

 

Item 8. Give Way Sign at Kangaroobie Road and Belgravia Road Intersection

THAT Council:

 

1. Install Give Way signage at the intersection of Kangaroobie Road and Belgravia Road, with Belgravia being the right of way;

2. Install advanced warning signage for upcoming Give Way sign and intersection; and

3. Investigate the need for signage indicating Kangaroobie Road

 

ITEM 17 - COUNCIL POOLS

REPORT IN BRIEF

 

Reason For Report

For Council to approve expenditure for employment of casual pool attendants and carrying out repairs at Canowindra Pool

Policy Implications

Nil

Budget Implications

Yes - $170,000 from the Recreation & Culture Reserve

IPR Linkage

3.3.3.a - Maintain pools to an operational and safe standard

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\COUNCIL PROPERTIES\AUDIT\SWIMMING POOL AUDIT - 854308

 

 

Recommendation

 

THAT Council:

 

1.   Approve expenditure of $120,000 to employ qualified pool attendants at Council’s Cumnock, Yeoval, Manildra, Cudal and Eugowra Swimming Pools;

2.   Fund the expenditure of $120,000 from the Recreation & Culture Reserve; 

3.   Approve expenditure of $50,000 to professionally repair the identified leaking expansion joints at the Canowindra Pool; and

4.   Fund the expenditure of $50,000 from the Recreation & Culture Reserve.

 

Operations Manager - Urban Services and Utilities' REPORT

 

Casual Pool Attendants

 

Prior to last year’s pool season Council conducted an audit on Council’s swimming pools that are under the care, control and management of Section 355 Committees.   This audit highlighted that the minimum standard required for pool attendants was a bronze medallion qualification. 


As the majority of the Section 355 Committees designated pool attendants did not hold this minimum qualification, Council took steps to engage appropriately trained staff (through Complete Staff Solutions) for the role of pool attendants at each of the five locations.  This measure ensured that Council complied with legislation and ensured the safety of all patrons attending the pools during operational hours.

 

Council in continuing to support the Section 355 Committees through the optimum care, control and management of the respective swimming pools along with legislative and safety requirements are required to provide this assistance again this coming pool season at a cost of $120,000.  This matter was inadvertently omitted for consideration in the 2017/2018 budget.

 

 

Repairs at Canowindra Swimming Pool

 

It became strongly evident towards the end of last pool season that the Canowindra swimming pool had developed a leak in either one or multiple locations.

 

With the strong evidence of a leak, Council to affirm and quantify the leak zones recently engaged a specialised pool leak inspection company. This involved divers entering the pool and completing dye testing directly over the top of all expansion joints within the pool.

 

This inspection confirmed that approximately thirty five (35) metres of expansion joints had failed, encompassing three (3) sections including a vertical expansion joint, a floor expansion joint and an expansion joint where the floor meets the wall (corner).

 

The inspection also highlighted the subsidence of some concrete slabs adjoining the pool. At this point in time it cannot be positively ascertained that the leak has caused this subsidence but it would need to be presumed there is a strong link between this subsidence and the leak.  Council has engaged a company to undertake a ground penetrating survey of the affected area to determine the extent of any possible damage.

 

Council Officers have consulted with industry professionals and have determined the ideal way forward involves engaging an adhesive engineering company to complete major repair works. These works involve emptying the pool, the removal of tiles either side of the failed joint, removal of a one hundred and sixty (160) millimetre wide section of concrete slab centred over the expansion joint forty (40) millimetres deep, the application of an adhesive, the placing of a rubber mat material (radmat), the application of a bonded flexible material applied back up to original height and then the relaying of laying of the tiles. This is a permanent repair with the estimated cost of the repairs being $50,000.

 

 

ITEM 18 - CANOWINDRA MEN'S SHED

REPORT IN BRIEF

 

Reason For Report

Seeking Council approval to affix Council seal to Crown Lands Licence

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

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

Annexures

1.  2017 Canowindra Men’s Shed Draft Crown Reserves Standard Licence Agreement    

File Number

\OFFICIAL RECORDS LIBRARY\COUNCIL PROPERTIES\USAGE\BUILDINGS - 853406

 

 

Recommendation

 

THAT Council’s seal be affixed to the Crown Lands License for the Canowindra Men’s Shed.

 

Urban Assets Coordinator's REPORT

The Canowindra Men’s Shed has been operating for a number of years from the former scout hall on Crown land, which is part of the reserve for public baths at Canowindra. Crown Lands has amended the reserve purpose to include community use to accommodate the operation of the Men’s Shed.

Crown Lands require a licence agreement to be prepared on the Crown Lands template. This licence agreement replaces the former lease agreement. The licence agreement will be in operation for ten years. The implementation of the licence agreement will assist the Men’s Shed to facilitate improvements to the premises.

Once the licence agreement has been signed and sealed by Council it will be forwarded to Crown Lands for Ministerial sign off.  

 

 

ITEM 19 - REQUEST FOR THE APPLICATION OF COUNCIL SEAL FOR VARIATION OF RESTRICTION ON USE OF LAND LOT 224 DP 1064871, 8 JAMES DALTON LANE, WINDERA.

REPORT IN BRIEF

 

Reason For Report

To request the application of Council seal to legal documents.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

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

Annexures

Nil   

File Number

\Development Applications\DEVELOPMENT APPLICATION\2016\03-2016-0040 - 853827

 

 

Recommendation

 

THAT the Common Seal of Cabonne Council be affixed to the section 88B Conveyancing Act variation document, to release a building envelope restriction currently applying to Lot 224 DP 1064871, 8 James Dalton Lane, Windera.

 

Development Engineer's REPORT

 

Council has received a request from Peter Basha Planning & Development to authorise a variation to an s88B restriction applying to a 7.836ha allotment of land described as Lot 224 DP 1064871, and known as 8 James Dalton Lane, Windera. For the information of council, the current owners of the subject land are Mr JE Coote and Mrs JM Coote.

 

It is proposed to release the current building envelope restriction, to allow for the creation and registration of three new building envelopes as part of an approved three-lot subdivision of the existing allotment ( subdivision approved vide DA 2016/0040). There are no planning objections to the proposal. Previous soil testing of the area has identified the site’s suitability for future development within the proposed building envelopes.

 

 

 

ITEM 20 - REQUEST FOR THE APPLICATION OF COUNCIL SEAL FOR VARIATION OF RESTRICTION ON USE OF LAND FORMERLY DESCRIBED AS LOT 100 DP 1019244 AND CURRENTLY IDENTIFIED AS LOTS 40 & 41 DP 1231827, 298 LAKE CANOBOLAS ROAD, CANOBOLAS.

REPORT IN BRIEF

 

Reason For Report

To request the application of Council's seal to legal documents.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

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

Annexures

Nil   

File Number

\Development Applications\DEVELOPMENT APPLICATION\2012\03-2012-0032 - 853807

 

 

Recommendation

 

THAT the Common Seal of Cabonne Council be affixed to the section 88B Conveyancing Act variation document, to release the dwelling restriction on the land described as formerly Lot 100 in DP 1019244 and currently identified as Lots 40 & 41 DP 1231827, 298 Lake Canobolas Road, Canobolas.

 

DEVELOPMENT ENGINEERS REPORT

 

Council has received a request from planning and survey consultants Geolyse to release a s88B restriction placed upon the title deed of a 27ha rural allotment, being land identified as Lot 100 DP 1019244 and located at 298 Lake Canobolas Road, Canobolas. For the information of the council, the current owner of the subject land is Mr HB Gartrell and the property contains a vineyard, cellar door, restaurant and tourist accommodation.

 

Lot 100 DP 1019244 has been subject to further subdivision vide DA 2012/0032. The latter subdivision was completed creating Lots 40 & 41 DP 1231827. During the process of registering the new linen plan the applicant over looked the existence of the restriction affecting the use of land associated with Lot 100. It is proposed to release the restriction on the use of land (being that area of land formerly described as Lot 100 DP 1019244) as it is no longer required and has been superseded by the creation of Lots 40 & 41 DP 1231827. There are no planning objections to the proposal.

 

 

 

ITEM 21 - DEVELOPMENT APPLICATION 2017/129 SHIPPING CONTAINER LOT 3 DP 11160, 19 HAIG STREET, CUMNOCK

REPORT IN BRIEF

 

Reason For Report

For council determination of a development application where the recommendendation is for refusal of the development proposal.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

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

Annexures

Nil   

File Number

\Development Applications\DEVELOPMENT APPLICATION\2017\03-2017-0129 - 851241

 

 

Recommendation

 

THAT Development Application 2017/129 for use of a shipping container and attached awning upon Lot 3 DP 11160, being land known as 19 Haig St, Cumnock, be refused on the grounds that the building does not meet the minimum construction and environmental standards for its use (dwelling) and is not consistent with the village streetscape.  

 

 

Senior Town Planner's REPORT

 

ADVISORY NOTES

Record of voting

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

 

Political Disclosures

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

 

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

 

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

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

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

 

Nil planning application disclosures have been received. 

Nil public submission disclosures have been received. 

 

 

SUMMARY

 

The following report provides an assessment of the development application 2017/147 submitted for a shipping container and attached awning upon Lot 3 DP 11160, land also known as 19 Haig St, Cumnock.

 

The application has been referred to the council for determination as the proposal is recommended for refusal.

 

Applicant: John Haeata

Owner:      J J Haeata

Proposal:  Shipping Container

Location:   Lot 3 Section A DP 11160, 15-19 Haig St, Cumnock

Zone:         RU5 Village      

 

A Development Application 2017/129 has been lodged seeking approval for the use of a shipping container as a storage area upon a village allotment. The application relates to the use of the shipping container with additions being an awning and attached toilet at land in Haig Street, Cumnock. Upon inspection of the subject land it was evident the shipping container was already established upon the site and the awning constructed prior to seeking any development approval. It was also evident the shipping container is being used by the landholder as a permanent residence. The shipping container is partially clad with zincalume corrugated iron with gutters and downpipes to drain roof water to tanks. It also includes a wood heater and chimney. There are no other modifications to the structure.

 

The building is not connected to town water or reticulated sewer, however both are available to the property boundary and, in other circumstances, would be required to be connected prior to any residential occupation. Electricity is already connected to an industrial power box on the building.

 

The shipping container does not comply with minimum requirements for a habitable dwelling as per the Building Code of Australia and no commitment is made to convert the building for habitable use. Furthermore, the building is not connected to basic services including water or sewer, which could present hygiene problems. The building is not considered to be consistent with the village character of the area and has an adverse impact to the streetscape in terms of visual amenity.

 

In conclusion, it is recommended the application for a shipping container upon Lot 3 DP 11160, land in Haig Street, Cumnock, be refused, and that further action be undertaken by council staff to ensure the structure is not used for residential purposes.  

 

ITEM 22 - DEVELOPMENT APPLICATION 2017/158 FOR ADVERTISING SIGNAGE UPON CANOWINDRA SERVICES AND CITIZENS CLUB IN GASKILL STREET, CANOWINDRA

REPORT IN BRIEF

 

Reason For Report

For council determination of a development application where the recommendendation is for refusal of the development proposal.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

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

Annexures

Nil   

File Number

\Development Applications\DEVELOPMENT APPLICATION\2017\03-2017-0158 - 854261

 

 

Recommendation

 

THAT Development Application 2017/158 for advertising signage upon the Canowindra Services and Citizens Club in Gaskill Street, Canowindra be refused on the grounds it does not comply with the provisions of State Environmental Plannin Policy No. 64 Advertising Signage and Council’s Development Control Plan No. 13 Advertising Signage in Conservation Areas.

 

 

Senior Town Planner's REPORT

 

ADVISORY NOTES

Record of voting

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

 

Political Disclosures

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

 

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

 

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

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

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

 

Nil planning application disclosures have been received. 

 

Nil public submission disclosures have been received.  

 

SUMMARY

 

The following report provides an assessment of the development application 2017/158 submitted for advertising signage to be erected upon the Canowindra Services and Citizens Club in Gaskill Street, Canowindra.

 

The application has been referred to the Council for determination as it is recommended that the application be refused on the grounds it does not comply with the relevant provisions of State Environmental Planning Policy No. 64 Advertising Signage.

 

Applicant: Signmanager Pty Ltd

Owner:      Canowindra Services and Citizens Club

Proposal:  Advertising Signage

Location:   Lot 1 DP 112524, Lot 1 DP 74038 and Lot 15 DP 74037

Zone:         B2 Local Centre        

 

The PROPOSAL

Council approval is sought for four (4) advertising signs to be erected upon the Canowindra Services and Citizens Club building in Gaskill Street, Canowindra.

 

Proposed sign 1 measures 1.8m x 1.2m and is to be erected upon the roof of the building.

 

Proposed signs 2 & 3 measure 2.44m x 0.3m and will be hung under the building awning in Gaskill Street. These signs are proposed to be illuminated.

 

Proposed sign 4 is a custom size fascia sign which is proposed to be erected upon the northern side of the awning.

 

The proposed signs each display part promotional advertising (Great Northern Brewing Co.) and part business identification (Canowindra Services and Citizens Club). They are in the corporate colours and text of Great Northern Brewing Company ® .

 

 

 

The SITE

 

 

MATTERS FOR CONSIDERATION

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

 

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

 

Clause 1.2  Aims of the Plan

The broad aims of the LEP are as follows:

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

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

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

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

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

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

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

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

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

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

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

 

Clause 1.9A Suspension of covenants, agreements and instruments

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

·    Covenants imposed or required by council

·    Prescribed instruments under s183A of Crown Lands Act 1989

·    Any conservation agreement under National Parks and Wildlife Act 1974

·    Any trust agreement under the Nature Conservation Trust Act 2003

·    Any property vegetation plan under the Native Vegetation Act 2003

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

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

 

      Mapping

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

 

     

Land zoning map

Land zoned B2 Local Centre

Lot size map

No minimum lot size

Heritage map

Is within a heritage conservation area

Terrestrial Biodiversity Map

No biodiversity sensitivity on the subject land

Flood planning map

Is within a flood zone

Natural resource – karst map

Not within a karst area

Drinking water catchment map

Not within a drinking water catchment area

Riparian land and watercourse map, groundwater vulnerability map

Groundwater vulnerable

Land reservation acquisition map

NA

 

      These matters are addressed in the report following.

 

Cabonne Local Environmental Plan 2012

The subject land is zoned B2 Local Centre by the Cabonne Local Environmental Plan 2012.  Advertising signage is permissible within this zone, subject to Council’s development consent.

 

Objectives of the B2 Local Centre zone

The proposal is not contrary to the aims of the LEP or the objectives of the B2 zone.  The development relates to and is consistent with the zone objectives which seek to

 

• To provide a range of retail, business, entertainment and community uses that serve the needs of people who live in, work in, and visit  the local area.

• To encourage employment opportunities in accessible locations.

• To maximize public transport patronage and encourage walking and cycling.

• To encourage mixed-use development that will promote community activity and safety without compromising business development opportunities.

Part 4 – Principal development Standards

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

 

Part 5 – Miscellaneous provisions

 

Clause 5.10 Heritage conservation

The objectives of this clause are as follows:

a.   To conserve the environmental heritage of Cabonne,

b.   To conserve the heritage significance of heritage items and heritage conservation areas, including associated fabric settings and views,

c.   To conserve the archaeological sites,

d.   To conserve Aboriginal objects and Aboriginal places of heritage significance.

 

Development consent is required for altering the exterior of a building within a heritage conservation area (including, in the case of a building, making changes its detail, fabric, finish or appearance). Before granting consent under clause 5.10, in respect of a heritage conservation area, Council must consider the effect of the proposed development on the heritage significance of the area concerned.

 

The proposed advertising signage is within the Gaskill Street Conservation Area therefore development controls (DCP No. 13) apply to the proposal. The objectives of the DCP refers to heritage significance and character of the area in question.

 

The proposed advertising signage is not considered to comply with the provisions of the development standards in the DCP, therefore the proposal is not considered to meet the objectives of cl 5.10 of the Cabonne LEP 2012. See comments further below relating to Heritage Conservation.

 

Part 6 – Additional local provisions

There are no additional local provisions that apply to the proposed development.

 

REGIONAL ENVIRONMENTAL PLANS

 

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

 

 

STATE ENVIRONMENTAL PLANNING POLICIES

 

SEPP 64 Advertising Signage applies to all signage that is visible from a public place or public reserve.

 

Clause 9 & 10 of the SEPP specifies the display of an advertisement is prohibited on land that, under an environmental planning instrument, is within any heritage area. This Part applies to all signage other than business identification signs, building identification signs, signage that is exempt development and signage on vehicles.

 

The site is identified as being within a heritage conservation area (Gaskill Street Precinct) under the provisions of the Cabonne LEP 2012. As such, any advertising signage that does not comply with the requirements of clause 9 & 10 of the SEPP is considered to be prohibited.

 

The four (4) proposed signs mostly contain content that is promotional to Great Northern Brewing Company ® and not business or building identification. Council have undertaken an assessment of the application against the requirements of the Policy and the proposal has been found to be non-consistent with the provisions of clause 9 & 10 for advertising signage within a heritage area.

 

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. 13 Advertising Signage in Conservation Areas applies to the site. Council approval is required for the erection of advertising signs within the conservation areas.

 

The objectives of the DCP are that advertising within the conservation area should:-

 

-     Be designed and located in a manner which conserves heritage significance whilst permitting adequate identification and business advertising

-     Enhance the valued environmental character of the conservation areas and reinforce the architectural design and treatment of the building

-     Ensure that signs are in keeping with the scale and character of the building to which they are affixed and do not detract from the heritage significance

-     Encourage a coordinated and cooperative approach to the total marketing of the conservation area by establishing an image for the conservation area

-     Be part of a policy which integrated landscaping, urban design and overall heritage management of the conservation areas

-     Ensure that signs are generally harmonized with other civic features and have regard to the size, character and juxtaposition of other signs

-     Take into consideration the building as a whole and the public benefits of dis-benefits which may flow from any specific proposal for part of the building or the conservation area generally

-     Reduce the visual complexity and clutter within the streetscape by providing fewer but more effective signs

 

 

The proposal is for four (4) signs at different locations on the building, all proposed signs will be visible from Gaskill Street and the footpath. The proposed signage is non-compliant with the development standards of the DCP in the following manner:-

 

Sign Location

 

6.2 Signage should be below the height of the awning on a particular building. Above awning signs or signs above the parapet are not suitable in most circumstances.

 

Number of Signs

 

6.3 The number of signs will be restricted to up to three signs located on a building or verandah and one hanging sign under the verandah per premise.

 

Types of Signs

 

7.2 Standardised modern ‘trademark’ advertising is not considered to be appropriate. 

 

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)

 

Visual amenity

 

The proposed signs would be visible from a public place, being the street and footpath. Due to the nature of adverting, it is positioned on the building for maximum impact. While the colours and text do not detract from the building and are complimentary to standard heritage colours, the proposal is not consistent with the development standards for advertising on heritage buildings. For example, the roof sign detracts from the roof line of the Club building and other buildings in the conservation area. Non-compliance with the relevant development standards for advertising indicates the development is not considered to be acceptable in terms of visual amenity.

 

Otherwise, there would be no other adverse impacts from the development proceeding.

 

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

 

Physical Attributes and Hazards

The subject land is affected by flooding hazards. An assessment of the impact of the development has been carried out and the proposed development is not likely to have any impact to flood waters.

 

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.

 

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 proposal does not comply with the provisions of State Environmental Planning Policy No. 64 Advertising Signage. Specifically, the proposal does not satisfy clause 9 & 10 of the Policy for advertising signage in heritage areas.

 

Furthermore, the proposal does not meet the development standards in Council’s Development Control Plan No. 13 for Advertising Signage in Conservation Areas (Molong & Canowindra).

 

In considering the proposal, it is recommended that Council refuse the Development Application (2017/158) on the grounds it does not satisfy the relevant State Policy requirements or local development standards.

 

ITEM 23 - DEVELOPMENT APPLICATION 2017/89 FOR A DWELLING AND ECOTOURIST FACILITY UPON LOT 712 DP 792758 LAND ON MCMURRAYS LANE, CARGO

REPORT IN BRIEF

 

Reason For Report

Development Application 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.  2017 89 Draft Conditions of Consent Rossiter    

File Number

\Development Applications\DEVELOPMENT APPLICATION\2017\03-2017-0089 - 854751

 

 

Recommendation

 

THAT Development Application 2017/89 for a dwelling, detached garage, eco-tourist facility and machinery shed upon Lot 712 DP 792758 land on McMurrays Lane, Cargo be approved subject to the attached draft conditions of consent.

 

Senior Town Planner's REPORT

 

ADVISORY NOTES

Record of voting

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

 

Political Disclosures

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

 

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

 

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

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

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

 

Nil planning application disclosures have been received. 

 

Nil public submission disclosures have been received. 

 

 

SUMMARY

 

The following report provides an assessment of the development application 2017/89 submitted for a dwelling and eco-tourist facility upon Lot 712 DP 792758, land on McMurrays Lane, Cargo.

 

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

 

Applicant:          Fiona, Paul & William Rossiter

Owner:               WP & FA Rossiter

Proposal:           Dwelling with detached garage, machinery shed & eco-tourist facility

Location:            Lot 712 DP 792758, McMurrays Lane, Cargo

Zone:                  RU1 Primary Production

 

The PROPOSAL

Council approval is sought for construction of a new dwelling and establishment of an eco-tourist facility being a permaculture training and education camp.  

 

The proposed new dwelling is a single storey 3 bedroom weatherboard and colorbond dwelling with a total floor area of 269.2m2. It is also proposed to construct a detached, colorbond two (2) car garage with dimensions 10m x 6m. The proposed new dwelling and garage is to be constructed in a cleared section on the ridge. It is setback approximately 55m from the northern boundary. Access to the proposed dwelling is via an existing internal road which connects to McMurrays Lane. It is proposed to construct a new access and decommission the existing access to the site.

 

The proposed ecotourism facility comprises six (6) cabins, 10 camping structures, training class-room, car parking, amenities building, machinery shed and internal road. The training camp is a co-educational facility focusing on sustainable energy principals, permaculture and resource management.  A permaculture course will held in the facility approximately 3 – 5 times per year and other short courses on weekends (approximately once per month – depending on the season). Up to 30 people would attend each course at any one time. Course participants could stay in the cabins or camping area or away from the camp in Orange and Cargo. Permaculture classes would be held from 8am to 7pm.

 

As a reference, permaculture is a specifically designed system of agriculture which has the diversity, stability, and resilience of natural ecosystems. It is the harmonious integration of the landscape with people providing their food, energy, shelter and other material and non-material needs in a sustainable way.

 

Self-contained Cabins

Cabins 1 & 2 comprise a single bedroom weatherboard structure with kitchenette, bathroom and attached verandah. Cabins 3 to 6 are also weatherboard, however these cabins are slightly larger and will have 2 bedrooms, combined bathroom/laundry and living/kitchen. The cabins are arranged on the side of the slopes in a cleared section of the property near the proposed class-room and amenities. Each cabin will have a rainwater tank.

 

Camping Structures

The proposed camping structures are 4m x 4m timber deck with colorbond roof. There are ten (10) camping structures proposed in total. They are located in a circle pattern on the eastern side of the property.

 

Training Room

The proposal also includes a 20m x 14m permaculture training facility comprising a classroom, dining area, common room and shared kitchen. External construction materials of the training room are colorbond wall and roof sheeting. The training room will be located at the front entrance to the property, 50m from the eastern boundary being McMurrays Lane. It is also proposed to construct a car park next to the facility for 20 cars.

 

Amenities Block

Bathroom facilitates for the permaculture camp will be provided in a 13m shipping container internally fitted with stalls and composting chambers underneath. It is also proposed to construct an attached deck, access ramp and colorbond roof on the shipping container. The proposed amenities are located 25m from the permaculture training room.

 

Machinery Shed

The proposed machinery shed is 12m x 8m four bay colorbond structure with cement slab. The proposed machinery shed is to be located in line with the proposed permaculture training room, which is setback 50m from the front boundary.

 

 

 

 

The SITE

 

Lot 712 DP 792758 has an area of approximately 36.1 hectares and is located on the western side of McMurrays Lane. The site has existing native timber cover upslope with the remainder of the site having existing native timber cover in the north eastern and south eastern sections of the lot. Access is provided via McMurrays Lane which connects to Edinboro Lane, which connects to Cargo Road. The site contains an existing dam and railway carriage. It is approximately 4kms east of the village of Cargo.

 

 

MATTERS FOR CONSIDERATION

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

 

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

 

Clause 1.2  Aims of the Plan

The broad aims of the LEP are as follows:

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

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

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

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

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

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

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

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

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

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

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

 

Clause 1.9A Suspension of covenants, agreements and instruments

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

·    Covenants imposed or required by council

·    Prescribed instruments under s183A of Crown Lands Act 1989

·    Any conservation agreement under National Parks and Wildlife Act 1974

·    Any trust agreement under the Nature Conservation Trust Act 2003

·    Any property vegetation plan under the Native Vegetation Act 2003

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

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

         

     

      Mapping

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

     

Land zoning map

Land zoned RU1 Primary Production

Lot size map

Minimum lot size 100 Ha

Heritage map

Not a heritage item or conservation area

Terrestrial Biodiversity Map

Dry open-forest on ranges of the lower slopes (Hervey Ranges)

*Timbered land on western side of property is subject to a Tree Preservation Order

Flood planning map

Not within a flood zone

Natural resource – karst map

Not within a karst area

Drinking water catchment map

Not within a drinking water catchment area

Riparian land and watercourse map, groundwater vulnerability map

Not affected by riparian, watercourse or groundwater vulnerability

Land reservation acquisition map

 

 

      These matters are addressed in the report following.

 

Cabonne Local Environmental Plan 2012

The subject land is zoned RU1 Primary Production by the Cabonne Local Environmental Plan 2012.  An eco-tourist facility is permissible within this zone, subject to Council’s development consent.

 

Objectives of the RU1 Primary Production zone

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

 

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

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

·    To minimise the fragmentation and alienation of resource lands.

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

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

 

 

Part 4 – Principal development Standards

Clause 4.2A Dual occupancies and rural dwellings on land on RU1 and RU2 zones

 

Lot 712 DP 792758 was created via subdivision (DA 89/78) under Clause 13(4) of the Cabonne Local Environmental Plan No.2; a SEPP 1 variation to the 40 ha standard was applied to the allotment, creating a 36ha allotment. The subdivision was registered on 17 October 1989.  A dwelling may be permissible upon the land pursuant to clause 4.2A (3)(c) of the current Cabonne LEP 2012.

 

Part 5 – Miscellaneous provisions

Clause 5.13 Eco tourist facilities

 

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

a.   To maintain the environmental and cultural values of land on which development for the purpose of eco-tourist facilities is carried out,

b.   To provide for sensitively designed and managed eco-tourist facilities that have minimal impact on the environment both on and off-site,

 

2)   This clause applies if development for the purposes of an eco-tourist facility is permitted with development consent under this Plan.

 

3)   Council must not grant consent under this Plan to carry out development for the purposes of an eco-tourist facility unless Council is satisfied that:

 

a.   There is a demonstrated connection between the development and the ecological environmental and cultural values of the site or area, and

b.   The development will be located, constructed, managed and maintained so as to minimise any impact on, and to conserve, the natural environment, and

c.   The development will enhance an appreciation of the environmental and cultural values of the site or area, and

d.   The development will enhance an appreciation of the environmental and cultural values of the site or area, and

e.   the site will be maintained (or regenerated) where necessary to ensure the continued protection of natural resources and enhancement  of the natural environment, and

f.    waste generation during construction and operation will be avoided and that any waste will be appropriately  removed, and

g.   the development will be located to avoid visibility above ridgelines an against escarpments and from watercourses and that any visual intrusion will be minimized through the choice of design, colours materials and landscaping with local indigenous flora, and

h.   any infrastructure services to the site will be provided without significant modification to the environment, and

i.    any power and water to the site will be provided without significant  modification to the environment, and

j.    the development will not adversely affect the agricultural productivity of adjoining land, and

k.   the following matters are addressed or provided for in a management strategy for minimizing any impact on the natural environment:

i. measures to remove any threat of serious or irreversible damage,

ii. the maintenance (or regeneration where necessary) of habitats,

iii. efficient and minimal energy and water use and waste output,

iv. mechanisms for monitoring and reviewing the effect of the development on the natural environment,

v.  maintaining improvements on an on-going basis in accordance with relevant ISO 14000 standards relating to management and quality control.

 

 

The proponent has demonstrated that the subject land has substantial connection between the development and the ecological and natural environmental values of the site. There is substantial native vegetation upon the land and the use of the land for an environmental and educational activity is considered complementary to the natural landscape. With the focus on sustainability, permaculture and resource management, the physical characteristics of the property, its soils, vegetation and wildlife are consistent with environmental and cultural values. The design of the buildings promote sensitive design principals being a solar design using timber products that support the eco-tourism and educational concept. Further, that the environmental footprint and location of the proposed buildings will ensure that sensitive areas of native bushland and waterways situated upon the land will be suitably protected. The implementation of a worm composting amenities building and 0ff-grid solar system are also positive with regard to minimsing impact and impact and conserving the natural environment at the site and from a broader environmental carbon footprint perspective.

 

Upon assessment of the development application, and taking into consideration the proponents comments in regards to the permaculture facility, the proposed development is considered to be consistent with each of the above-mentioned requirements under clause 5.13 of the Cabonne LEP 2012

 

 

Part 6 – Additional local provisions

Clause 6.3 Terrestrial biodiversity

The development site is identified as having terrestrial biodiversity comprising dry open-forest on ranges of the lower slopes (Hervey Ranges). The sites for the proposed new dwelling and permaculture camp are mostly cleared and no further vegetation is required to be removed. As such, it is deemed there will be no impact to terrestrial biodiversity at the site.

 

Clause 6.8 Essential services

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

a.   The supply of water

b.   The supply of electricity

c.   The disposal and management of sewerage

d.   Stormwater drainage, &

e.   Suitable vehicle access

 

REGIONAL ENVIRONMENTAL PLANS

 

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

 

STATE ENVIRONMENTAL PLANNING POLICIES

 

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

 

State Environmental Planning Policy No.21 – Caravan Parks applies to the proposed development.

 

In this policy the definition of a caravan park includes a camping ground and as such an assessment of this policy is relevant to the development proposal.

 

Clause 10 – matters to be considered by Council

(a) The proponent seeks approval for an education and training facility (permaculture) and the camping ground will be used solely to accommodate participants in the short courses. The proposed camping structures (ten 10 in total) are considered appropriate for housing small numbers of people over a short period during the courses. The courses will be run 3-5 times per year and other short courses once per month. Course participants will also be housed in the self-contained cabins at the site.

(b) The proposal does not seek consent to establish a caravan park for long term use.

(c)  Along McMurrays Lane and Edinboro Lane, there is no existing provision that adequately caters for use as a temporary camping ground to accommodate tourism. No existing tourist accommodation will be displaced by the use of the site and have no long term residences.

(d) The proposal will have no effect on the adequacy of low cost housing or land available for low cost housing within the locality.

(e) The proposal will not require community facilities or services within the site however these are available within close proximity to the site approximately 10km away in the village of Cargo.

(f)  There are no known relevant guidelines issued by the Director.

(g) Due to the nature of the proposal Local Government (Caravan parks and Camping Grounds) Transitional Regulation 1993 do not apply.

 

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.

 

Access

The applicant has proposed to access the allotment from McMurrays Lane. The existing access to the site does not meet Council’s current specifications and as such, access will be required to be upgraded. The internal access road to the proposed new dwelling and ecotourist facility will be required to be upgraded to two (2) wheel drive access.

 

Agricultural Impact

The site has an area of 36.1ha. The land is identified as Class 4 or Class 5 land (Agricultural Land Classification Map) and as such this land is best suited to light grazing and has little or no agricultural production. Agricultural impact would be minimal.

 

Setbacks

The proposed development satisfies the requirement of the DCP for setbacks. The development is in excess of 100m of adjoining land and the minimum setback is in excess of 20m from any boundary adjoining the property on the north, south and west of the property.

 

Effluent Disposal

The applicant has not provided details of effluent disposal for the proposed development. Condition of consent has been included to address the issue of on-site effluent disposal.

 

Visual Amenity

The proposed dwelling and cabins will be required to be constructed of non-reflective materials to minimise any visual impact of the site and the surrounding locality.

 

Bushfire Protection

Further discussion and assessment is provided in other sections of the report. Appropriate conditions have been included to address building requirements, water supply and access for compliance with Planning for Bushfire Protection 2006 and construction of buildings in bushfire prone land (AS3959-2009).

 

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

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

 

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

 

Siting & Location

All proposed structures are located in a cleared section on the side of the hill (Columbine Hill) which slopes away to a series of natural drainage channels. The proposed dwelling is setback 55m from the northern boundary and the proposed permaculture training facility is setback 55 m from the eastern boundary. Setbacks comply with minimum requirements in the DCP. There will be no adverse impact from the development in terms of siting and location.

 

Visual amenity

The development site is mostly screened by advanced remnant vegetation and is not likely to be visually prominent from the road or neighboring properties.

 

Access & traffic

Upon inspection of the site it was noted there are two paddock accesses which connect to McMurrays Lane.  It is proposed to upgrade the southern access and maintain the other gateway for paddock access only. There is an internal road, however this is also required to be upgraded to two (2) wheel drive standard and must comply with the requirements of section 4.2.7 of ‘Planning for Bushfire Protection 2006’. Conditions will therefore apply for provisions of private access, internal road and rural addressing. 

 

It is also proposed to construct a car park for the eco-tourist facility with up to 19 car parking spaces, including a disabled access parking space. The car park is considered to be adequate for the scale of the development and it is not required to be sealed. Erosion and sediment control should be implemented around the proposed new car park and internal road. A condition will apply for implementation of an erosion and sediment control plan.

 

 

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

 

Physical Attributes and Hazards

The subject land is affected by bushfire hazards. A bushfire assessment and bushfire emergency management and evacuation plan has been prepared for the development

and concurrence from the NSW Rural Fire Services has been granted under section 100B of the Rural Fires Act 1997, subject to conditions for asset protection zones, water & utilities, access, evacuation & emergency management as well as design & construction. RFS conditions are included in the attached draft conditions of consent.

 

DEVELOPMENT CONTRIBUTIONS

 

Council’s Bushfire Services Contributions Plan and Road Contributions Plans apply to this development.

Section 94 Road Calculations are 1.4kms of gravel road (McMurrays Lane) and 1.8kms of gravel road (Edinboro Lane)

Zone B (50% discount)

$11,225.90 + ($11,225.90 x 2.2 x 0.5) = $23,574.39

Section 94 Bushfire Contribution = $1,220.60 the Cargo Brigade (10003).

Reforms to the Local Development Contributions (PS 10-022) has resulted in a $20,000 capped contribution per development being applied as of the 16 September 2010. Therefore, the proposed development will incur a maximum section 94 contribution of $20,000.

The section 94 contributions will be broken up as follows:-

Section 94 Road Improvement Contribution = $9,389.70 to Edinboro Lane (20103)

$9,389.70 to McMurrays Lane (20106)

Section 94 Bushfire Contribution = $1,220.60 the Cargo Brigade (10003).

 

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

 

The proposed development was neighbourhood notified. Four submissions were received in objection to the proposed tourist facility. The objections are summarized as follows:-

 

Submission 1

 

Road suitability

 

-     The access road (McMurrays Lane), as well as adjoining roads are unsealed and constructed with dirt and gravel that is not designed for high traffic flow.

-     There is not appropriate road signage

-     A tourism facility would result in increased traffic which would ultimately create a higher risk for individuals travelling on the road.

-     In order for the roads in the area to be safe, Council would have to consider a major road upgrade

 

Site suitability

 

-     The area in which the tourism facility is proposed contains a significant amount of native bushland on a slope. The slope of the bushland make it inaccessible to such a service in the event of a fire.

 

Privacy/Risk

 

-     The location of the proposed facility adjoins adjacent land used for farming and agriculture. Given there is no signage or appropriate boundary fencing, guests are more likely to trespass onto neighbouring properties, creating risk of harm by machinery, electric fencing and rough terrain. In addition, there is also potential harm to neighbouring properties and livestock.

 

Zone Objectives

 

-     The proposed facility includes 10 camping structures, 6 cabins, a training facility, amenities building and car parking – the facility appears to be far from ‘low-key’ and therefore not appropriate for the RU1 Primary Production zone.

 

Submission 2

 

Access & Traffic

 

-     McMurrays & Edinboro Lanes are gravel roads with corrugations, slippery areas, blind spots, ramps, narrow pipes and close trees. The width of the road dictates when a that when two cars are passing one needs to stop or pull off the road. Residents are aware of this and drive cautiously.

 

Livestock

 

-     Stock are frequently moved along the roads. An increase of vehicles whose drivers are not familiar with how livestock react or do not heed warning signs increases the risk of serious injury or death to livestock and selves.

 

Security & trespass (not matters for consideration in this development assessment report)

 

Fire Risk

 

-     An increase in visitors would bring an increased risk of accidental or negligent lighting of fires. The Columbine Mountain has not seen a major fire in decades and the dry fuel loads in the timbered areas are immense.

 

Pets

 

-     Increased risk of dogs attacks if pets are bought onsite.

 

Environmental Issues

 

-     How would effluent be managed onsite? How will residue oil from the proposed carpark be kept from entering downstream?

 

Submission 3

 

Fire Risk

 

-     See previous notes regarding fire risk

 

Privacy

 

-     A large establishment on the road will affect our privacy.

 

Road Infrastructure

 

-     See previous noted regarding road and access arrangements

 

Submission 4

 

Roads (Edinboro Lane & McMurrays Lane)

 

-     Both of these roads are not designed to handle the potentially large amounts of traffic that these facilities would most likely produce.

-     The roads are quiet narrow for two cars to pass each other resulting in one car having to move to the side of the road to allow the other car to pass safely.

-     Both of these roads can become dangerous in wet weather and will get ‘chopped up’.

 

High Risk Fire Danger

 

-     Columbine Hill is extremely steep and very thickly covered in timber and scrub, if hill was to potentially to catch on fire there would be no stopping the fire if it was to reach the tree line of the hill.

-     If a fire was to start tourists and residents would be trapped, being located on a no-through road.

-     Proximity to Canobolas State Forrest

 

Tourist Safety

 

-     Risk of snake bite, injury from steep incline or potentially drown in dam.

 

Privacy of residents

 

-     Excessive amounts of proposed buildings will destroy natural beauty of the valley.

-     Will destroy neighbours views

-     Privacy of properties will be destroyed.

-     Non- rural tourist not understanding boundary fences and trespassing onto neighbouring properties.

 

Neighboring Residents Safety

 

-     (Not a matter for consideration in this development assessment report)

 

Trespass

 

-     (Not a matter for consideration in this development assessment report).

 

 Water Run-off

 

-     The site is on a hill and building sites would have to be levelled for buildings and structures. This will result in changes to the natural water run-off of rain water, and in turn will result in an impact to dams and creeks lower down. All properties below the site are rural properties and rely greatly on the run off from this property to supply water to their livestock via dams and creeks.

-     A change in the natural formation of the land could result in soil erosion as this land has not been disturbed for many years (levelled or ploughed)

 

Each of the above four (4) submissions are from adjoining land holders who were notified of the proposal.

 

The following comments are made in response to the matter raised above:-

 

Fire Risk

In terms of fire risk, the proponent has prepared a Bushfire Assessment and Bushfire Emergency Management & Evacuation Plan for the development. It is deemed that adequate arrangements have been made by the proponent for fire mitigation at the property and for safe shelter in case of a bushfire emergency. Also, conditions of consent have been included by NSW RFS to ensure compliance with the relevant standards under Planning for Bushfire Protection.  

 

Road Standard

The existing road infrastructure, including Edinboro Lane and McMurrays Lane, is considered adequate for the minor increase in traffic that will be generated as a result of the eco-tourist facility. Furthermore, section 94 contributions by the developer ($20 000) can be used towards upgrading the road which would benefit those using the tourist facility and local residents.

 

Livestock

Should there be any risk to livestock from road users, McMurrays should be fenced - subject to survey. This would ensure stock were not on the road without the appropriate roadside signage to warn motorists. It is noted Council is exempt from contributing to any of the costs associated with boundary fencing along a road reserve.

 

Privacy

The site contains substantial native vegetation that acts as a screen around the development site. It is considered there is adequate setbacks between the facility and any neighbouring dwellings. Also, due to the topography of the site, the proposed cabins and infrastructure associated with the eco-tourist facility will not be visible from any neighboring dwellings or visually prominent from a public place, being the road reserve. In this regard it is considered there will be no impact to privacy and amenity of surrounding residents.

 

Tresspass, theft & dog attacks

Each of these issues are not matters for consideration in a development assessment report. Should these matters arise from the development proceeding they should be referred to other relevant government authorities, for example NSW Police.

 

PUBLIC AUTHORITY CONSULTATION

 

A tourism facility is classed as Special Fire Protection Purposes (SFPP) and therefore requires Integrated Development approval in accordance with Section 91 of the ‘Environmental Planning and Assessment Act 1979.

 

The proponent has prepared the appropriate documentation for the proposed use, being a Bushfire Assessment and Bushfire Emergency Management and Evacuating Plan for the facility. This was forwarded to NSW RFS seeking general terms of approval. A bushfire safety authority was subsequantly issued for the development, subject to conditions for an asset protection zone, water supply, access, evacuation & emergency management, as well as construction standards for new buildings.  These RFS conditions are included in the draft conditions of consent.

 

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 relates to the establishment of a new dwelling, detached garage, machinery shed and ecotourist facility comprising 6 self-contained cabins, 10 camping structures, training facility and car park on land described as Lot 712 DP 792758, McMurrays Lane, Cargo. The proposal is considered to be permissible within the zone and complies with relevant provisions of DCP No 5 and the Cabonne LEP 2012.

 

A Section 79C assessment of the development proposal has been undertaken and is considered adequate.  On this basis, the proposed development is considered satisfactory for the site. Attached is a draft notice of Approval subject to conditions.

 

 

ITEM 24 - QUESTIONS FOR NEXT MEETING

REPORT IN BRIEF

 

Reason For Report

To provide Councillors with an opportunity to ask questions/raise matters which can be provided/addressed at the next Council meeting.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.1.g. Code of Meeting Practice adhered to

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\NOTICES - MEETINGS - 852200

 

 

Recommendation

 

THAT Council receive a report at the next Council meeting in relation to questions asked/matters raised where necessary.

 

General Manager's REPORT

 

A call for questions for which an answer is to be provided if possible or a report submitted to the next Council meeting.

 

 

ITEM 25 - BUSINESS PAPER ITEMS FOR NOTING

REPORT IN BRIEF

 

Reason For Report

Provides an opportunity for Councillors to call items for noting for discussion and recommends remainder to be noted.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

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

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\PROCEDURES - 852201

 

 

Recommendation

 

THAT:

1.   Councillors call any items they wish to further consider.

2.   The balance of the items be noted.

 

General Manager's REPORT

 

In the second part of Council’s Business Paper are items included for Council’s information.

 

In accordance with Council’s format for its Business Paper, Councillors wishing to discuss any item are requested to call that item.

 

 

ITEM 26 - MATTERS OF URGENCY

REPORT IN BRIEF

 

Reason For Report

Enabling matters of urgency to be called.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

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

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\NOTICES - MEETINGS - 852202

 

 

Recommendation

 

THAT Councillors call any matters of urgency.

 

General Manager's REPORT

 

Council’s Code of Meeting Practice allows for the Council to consider matters of urgency which are defined as any matter which requires a decision prior to the next meeting or a matter which has arisen which needs to be brought to Council’s attention without delay such as natural disasters, states of emergency, or urgent deadlines that must be met”.

 

This item enables councillors to raise any item that meets this definition.

 

 

 

ITEM 27 - COMMITTEE OF THE WHOLE SECTION OF THE MEETING

REPORT IN BRIEF

 

Reason For Report

Enabling reports to be considered in Committee of the Whole.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.1.g. Code of Meeting Practice adhered to

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\PROCEDURES - 852203

 

 

Recommendation

 

THAT Council hereby resolve itself into Committee of the Whole to discuss matters called earlier in the meeting.

 

General Manager's REPORT

 

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

 

This item enables councillors to go into “committee of the whole” to discuss items called earlier in the meeting.

   


Item 7 Ordinary Meeting 25 July 2017

Item 7 - Annexure 1

 

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Item 9 Ordinary Meeting 25 July 2017

Item 9 - Annexure 1

 

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Item 9 Ordinary Meeting 25 July 2017

Item 9 - Annexure 1

 

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Item 10 Ordinary Meeting 25 July 2017

Item 10 - Annexure 1

 

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Item 12 Ordinary Meeting 25 July 2017

Item 12 - Annexure 1

 

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Item 13 Ordinary Meeting 25 July 2017

Item 13 - Annexure 1

 

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Item 16 Ordinary Meeting 25 July 2017

Item 16 - Annexure 1

 

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Item 18 Ordinary Meeting 25 July 2017

Item 18 - Annexure 1

 

 

CABONNE COUNCIL CROWN RESERVES RESERVE r.66072 TRUST

 

 

 

 

 

 

 

And

 

 

 

 

 

 

 

CANOWINDRA MEN’S’ SHED

 

 

 

 

 

 

LICENCE AGREEMENT FOR OCCUPATION OF LAND FOR  PUBLIC BATHS AND COMMUNITY PURPOSES

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Item 18 Ordinary Meeting 25 July 2017

Item 18 - Annexure 1

 

AGREEMENT dated 1st OCTOBER 2017

 

BETWEEN     CABONNE COUNCIL CROWN RESERVES Reserve Trust, a corporation established, constituted and appointed, in terms  of Section 92, Crown Lands Act  1989, as Trustee of  RESERVE 66072, PUBLIC BATHS AND COMMUNITY PURPOSES, (hereinafter called the “Licensor”).

 

AND                CANOWINDRA MEN’S SHED.

 

THE PARTIES AGREE AS FOLLOWS.

 

 

 

1          INTERPRETATIONS, DEFINITIONS AND ADMINISTRATION

          Authority for grant of Licence

 

1.1      The Licensor warrants that the Premises are, COMPRISES PART OF R66072 FOR PUBLIC BATHS AND COMMUNITY PURPOSES AS SHOWN ON PLAN “A” within  the meaning of the CL Act and that the Reserve Trust is empowered pursuant to sections 102 and 103 of  the CL Act  to Licence the Premises.

        

            or alternative 1.1

 


1.1      The Licensor warrants that the Premises are [INSERT  RESERVE  TENURE  DETAILS]

within the meaning of the CL Act and that the Reserve trust is empowered pursuant to

sections 102A of the CL Act to Licence the Premises.

 

Effect of Instrument

 

1.2       The Licensor and the Licensee expressly acknowledge that no rights or interests are

conferred on either Party by the provisions of this instrument unless;

 

(a)        the Minister has granted consent under Section 102 of the CL Act to the grant of this Licence; or

 

(b)        the Minister has authorised the grant of this Licence without consent under Section 102A of the CL Act.

 

 

2         DEFINITIONS

 

In this Licence unless the contrary intention appears:

 

Access Plan means the drawing annexed to each Premises Appendix depicting the Premises and a description of the route of access to the Enclosed Area.

 

Base Annual Rent means:

 

(a)   the Initial Rent where the rent has not been redetermined or adjusted

            in accordance  with  sub-clauses  14.4  or 14.5 ; or

(b)        in any other case - the Rent as last redetermined or adjusted in accordance with those provisions;

 

Business Day means any day which is not a Saturday, Sunday or Public Holiday in New South Wales;

 

CL Act  means the Crown Lands Act 1989;

 

Commencement Date means the date referred to in Column 2 of Item 16 of Schedule 1;

 

            Consumer Price Index Number means in relation to a quarter the number for that quarter appearing in the Consumer Price Index (All Groups Index) for Sydney published by the Australian Statistician; 

 

Due Date means the date for payment of Rent under this Licence as is specified in Column 2 of Item 6, of Schedule 1;

 

Enclosed Area means the fenced area (which comprises the Premises and Third Party  Exclusive Areas) described in each Premises Appendix as the Enclosed Area and shown on the Plan annexed to each Premises Appendix where land is, or is intended to be fenced;

 

Environmental Law means any law or state protection policy incorporated by reference

to or being part of any Law relating to protection of the environment;

 

Expiry Date  means the date referred to in Column 2 of Item 17 of Schedule 1;

 

"GST", "taxable supply", "consideration", "tax invoice" and “GST amount” have the meanings given to those terms in A New Tax System (Goods and Services Tax) Act 1999;

 

Hazardous Substance  means a substance that because of its quality, concentration, acute or chronic toxic effects, carcinogenicity, teratogenicity, mutagenicity, corrosiveness, flammability,  physical, chemical or infectious characteristics, may pose a hazard to property, human health or the environment when improperly treated, stored, disposed of or otherwise managed;

 

Improvements means any structure of a permanent nature attached to the land;

 

Initial Rent means the Rent payable under this Licence in respect of each Premises as is specified in Column 2 of Item 5 of Schedule 1;

 

Law includes the provisions of any statute, rule, regulation, proclamation, ordinance or by-law, present or future, whether state, federal or otherwise;

 

Licence means this licence including all Schedules and Annexures hereto;

 

Licensee means the licensee referred to in Column 2 of Item 2, of Schedule 1;

 

Licensor  means the licensor referred to in Column 2 of Item 1 of Schedule 1 and includes its assigns and for the purpose of  clauses 35, 36, 37, 38, 39, 40, 41, and 42 includes Her Majesty the Queen, the State of New South Wales and the Minister and their heirs, successors, agents, servants, employees and contractors;

 

Market Rent means the Rent as specified in Column 2 of Item 3, of Schedule 1 that would reasonably be expected to be paid for the site if it were offered for the same or a substantially similar use to which the site may be put under the Licence;

 

           Market Rent Review Date means the date described as such in Column 2 of Item 8, of Schedule 1 and expressed as an absolute dollar or as a percent of the Market Rent;

 

           Minister means the Minister administering the CL Act;

 

           Party/Parties means the parties to this Licence;

 

           Premises means the land and/or the buildings described in the Premises Appendix and on the plan annexed thereto;

 

           Permitted Use means the use shown in Column 2 of Item 15, of Schedule 1;

 

           Regulations means the Crown Lands Regulation 2006;

 

Rent means the Base Annual Rent calculated and payable upon each Due Date  less any Rent Rebate granted to the Licensee together with all other payments due to be paid by the Licensee as Rent under this Licence;

 

Rent Rebate means such amount as specified in Column 2 of Item 4 of Schedule 1 given to the Licensee from the Licensor as per clause 14.6 as expressed either as an absolute dollar value or a percentage of the market value;

 

Sub-Licensee means a person who holds a sub-licence of any part of the Premises from the Licensee in accordance with the provisions of this Licence;

 

Tenant Fixtures means any plant or equipment, fittings or improvements in the nature of fixtures brought onto the Premises by, or on behalf of, or at the request of, the Licensee;

 

Term  means the term of operation of this Licence in relation to the Premises;

 

Term of Agreement means the figure set out in Column 2 of Item 18, of Schedule 1;

 

Third Party Exclusive Areas means those areas that are exclusively for the use of third parties as shown on the Plan annexed to each Premises Appendix.

 

 

3        CONSTRUCTION

 

3.1       This Licence shall be constructed in accordance with this clause unless the context  requires otherwise;

 

3.1.1 Plurals

 

                Words importing the singular include the plural and vice versa;

 

3.1.2  Gender

 

Words importing any gender include the other gender;

    

3.1.3    Persons

 

                A reference to a person includes:

          

(a)        an individual, a firm, unincorporated association, corporation and a government;

 

and

 

(b)        the legal personal representatives, successors and assigns of that person;

 

3.1.4  Headings

 

Headings (including any headings described as parts and sub-headings within clauses) wherever appearing shall be ignored in constructing this Licence;

 

3.1.5    Clauses and sub-clauses

 

(a)        A reference to a clause includes all sub-clauses, paragraphs, sub-paragraphs and other components which form part of the clause referred to;

 

(b)        A reference to a sub-clause includes any sub-paragraphs and other components of the sub-clause referred to;

 

3.1.6    Time

A reference to time is a reference to local Sydney time;

 

3.1.7    Money

A reference to $ or dollars is a reference to the lawful currency of Australia;

 

3.1.8    Defined Terms

If a word of phrase is defined cognate words and phrases have corresponding definitions. A defined term, unless inconsistent with the context of its use, is denoted by the appearance of that word using a capital letter at the beginning of that word;

 

3.1.9    Writing

A reference to writing includes any mode of representing or reproducing words in tangible and permanently visible form;     

 

3.1.10  Contra Preferentum

No rules of construction shall apply to the disadvantage of any Party responsible for preparation of this Licence or any part of it;

 

3.1.11  Statutes

A reference to a Statute, Act, legislation, ordinance, code or other law includes regulations and other statutory instruments under it and consolidations, amendments, re-enactments or replacements of any of them made by any legislative authority;

 

 

3.1.12  Licence

A reference to this Licence shall include any extension or variation of this Licence;

     

3.1.13  Priorities

If an inconsistency occurs between the provisions of this Licence and the provisions of a licence granted in accordance with this Licence, the provisions of this Licence shall prevail.

 

3.2       Warranties and Undertakings

(a)        The Licensee warrants that it:

 

(i)         has relied only on its own inquiries about this Licence; and

 

(ii)        has not relied on any representation or warranty by the Licensor or any person acting or seeming to act on the Licensor’s behalf.

 

(b)        The Licensee shall comply on time with undertakings given by or on behalf of the Licensee.

 

3.3       Further Assurances

Each Party must do everything necessary to give full effect to this Licence.

 

(a)        Pursuant to clause 7, this Licence and any other agreement subsidiary to this Licence continue in full force and effect.

 

3.4      Relationship of Licensor and Licensee

Nothing contained or implied in this Licence shall be deemed or construed to create the relationship of partnership or of principal and agent or of joint venture between the Licensor and the Licensee. Specifically, the Parties understand and agree that neither the method of computation of Rent, nor any other provision, nor any acts of the Licensee and the Licensor or either of them will be deemed to create any relationship between them other than the relationship of Licensor and Licensee upon the terms and conditions only as provided in this Licence.

3.5       Time to be of the Essence

Where in any provision of this Licence a Party is given or allowed a specified time within which to undertake or do any act or thing or any power is conferred or any event occurs after the lapsing of a specified time, time shall be the essence of the contract in that regard.

 

4          SEVERABILITY

Any provision of this Licence which is prohibited or unenforceable in any jurisdiction shall as to such jurisdiction be ineffective to the extent of such prohibition or inability to enforce without invalidating the remaining provisions of such provisions in any other jurisdiction.

 

 


        ESSENTIAL CONDITIONS OF LICENCE

            

            The Licensor and the Licensee agree that the clauses specified in Column 2 of Item 19  

            of Schedule 1 are essential conditions of this Licence.

    

 

6        PERMITTED USE

 

6.1       Grant of Licence

The Licensor grants to the Licensee a right to occupy the area delineated on the plan annexed to the Premises Appendix [ATTACH PLAN] for the Permitted Use.

 

6.2     Permitted Use only

The Licensee shall not:

 

(a)        use the Premises;

 

(b)        or allow them to be used (except pursuant to a Licence lawfully granted by the Licensor),

 

for any purpose other than the Permitted Use specified or referred to in Column 2 of Item 15 of Schedule 1.

 

6.3     No exclusive possession

The Licensee acknowledges that this Licence does not confer exclusive possession of the Premises upon the Licensee.

 

7        COMMENCEMENT OF LICENCE AND TERM

This Licence shall commence on the date (and where a time is specified or referred to at that time) specified or referred to in Column 2 of Item 16, of Schedule 1 and subject to clauses 10 and 11 shall continue in force until the Expiry Date (and where a time is specified or referred to at that time) specified or referred to in Column 2 of Item 17, of Schedule 1.

 

8          NO RIGHT TO PURCHASE OR TRANSFER OF LICENCE RIGHTS

8.1       In respect of this Licence, and without limitation, the grant of this Licence does not confer upon the Licensee:

(a)        a right to purchase or lease any part of the Premises; or

 

(b)        any tenancy or other estate or interest in any part of the Premises other than contractual rights as Licensee under this Licence.

 

8.2       Subject to any other provisions of this Licence the Licensee shall not during the Term of this Licence, sub-licence, part with possession of the Premises, transfer or create any interest in the Licence or authorise or permit any person to occupy the Premises without the prior written consent of the Licensor and the Minister.

9          LICENSEE TO YIELD UP

9.1     The Licensee shall forthwith upon the termination of this Licence or any extension of          it peaceably vacate the Premises at the Licensee’s expense.

9.2       The Licensee shall:

 

(a)        remove all Licensee Fixture/s, signs, names, advertisements, notices or hoardings erected, painted, displayed, affixed or exhibited upon, to or within the Premises by or on behalf of the Licensee (other than a notice displayed by the Licensor); and

 

(b)        rehabilitate the Premises, (to the extent to which it has been altered or affected by the Licensee’s occupation and use of the Premises) as nearly as practicable to the original condition before the installation of the Licensee’s Fixtures to the reasonable satisfaction of the Licensor; and

 

(c)        ensure that when it vacates the Premises in relation to its occupation of the Premises under this Licence, the Premises comply with any Environmental Law to the extent applicable at the time of granting of this Licence; and

 

(d)        leave the Premises in a clean and tidy condition.

 

9.3      Sub-clause 9.2 does not apply unless the Licensor permits the Licensee to carry out

           any works on the Premises reasonably required in order to comply with that clause.

 

10        TERMINATION OF LICENCE - S109 TO APPLY

10.1   Without limiting the Licensee’s statutory or other rights apart from this Licence, the Parties acknowledge that subject to subclause 10.2 this Licence shall terminate under section 109 of the CL Act if the Reserve is revoked or that part of the Reserve is revoked that comprises the whole or part of the Premises unless the revocation notification otherwise provides.

10.2     Where only part of the Premises is affected by the revocation or proposed revocation the Parties undertake to consult to determine if an agreement under Section 109(3) can be reached for the continuation of this Licence in respect to that part of the Premises not affected by the revocation.

 

10.3   The Licensee expressly acknowledges that as provided by Section 109(5) of the CL Act no compensation is payable in respect of the termination of this Licence by the operation of Section 109 and no compensation shall be payable.

 

11       TERMINATION OF LICENCE ON DEFAULT

 

11.1     The Licensor may terminate this Licence in the manner set out below in the following circumstances:

 

(a)        if the Rent or any part of it or any moneys owing to the Licensor under the Licence is  or are in arrears for one month, whether formally demanded or not;

 

(b)        if the Licensee breaches an essential condition of this Licence or any rule or regulation made under this Licence;

         

(c)        if defects notified under a provision of this Licence are not remedied within the time specified in the notice;

        

(d)        if the Licensee is a corporation and an order is made or a resolution is passed                  for its winding up except for reconstruction or amalgamation;

 

(e)        if the Licensee is a company and ceases or threatens to cease to carry on business or goes into liquidation, whether voluntarily or otherwise, or is wound up or if a liquidator or receiver (in both cases whether provisional or otherwise) is appointed;

         

(f)        if the Licensee is a company and is placed under official management under corporations law or enters a composition or scheme of arrangement;

 

(g)        if the interest the Licensee has under this Licence is taken in execution;

 

(h)        if the Licensee or any person claiming through the Licensee conducts any business from the licensed Premises  after the Licensee has committed an act of bankruptcy.

 

11.2     In the circumstances set out in sub-clause 11.1 the Licensor may end this Licence by:

 

(a)        notifying the Licensee that it is ending the Licence; or

 

(b)        re-entering the Premises, with force if necessary, and ejecting the Licensee and all other persons from the Premises and repossessing them; or

 

(c)        doing both.

 

11.3     If the Licensor ends this Licence under this clause, the Licensee shall not be released

from liability for any prior breach of this Licence and other remedies available to the Licensor to recover arrears of Rent shall not be prejudiced.

 

11.4     If the Licensor ends this Licence under this clause or the Licence terminates under clause 10, the Licensor may remove the Licensee’s property and store it at the Licensee’s expense without being liable to the Licensee for trespass, detinue, conversion or negligence. After storing it for at least one month, the Licensor may sell or dispose of the property by auction or private sale. It may apply any proceeds of the auction or sale towards any arrears of Rent or other moneys or towards any loss or damage or towards the payment of storage and other expenses.    

 

12      ACCEPTANCE OF RENT NOT WAIVER

Demand or acceptance of Rent or any other moneys due under this Licence by the Licensor after termination does not operate as a waiver of the termination.

13      HOLDING OVER BY LICENSEE

(a)        At the end of the Term of Agreement as specified in Column 2 of Item 18 of Schedule 1, the Licensee shall be entitled with the consent of the Licensor and the Minister to remain in possession of the Premises on the following terms and conditions:

 

(i)         the Licensee shall become a monthly tenant of the Licensor at a monthly rental equivalent to one twelfth proportion of the annual Rent payable at the time of expiration or sooner determination of this Licence;

 

(ii)        the Licensee shall comply with and be bound by the terms and conditions of this Licence insofar as the terms and conditions are applicable, provided that the Licensor may from time to time by notice in writing served on the Licensee direct that any particular condition not apply or be amended in the manner set out in the notice.

 

(b)        The Licensor and the Licensee expressly agree that where any provision of this Licence confers any right, duty, power or obligation on a Party upon the expiration or determination of this Licence or on the Expiry Date and the Licensee is authorised to remain in possession of the Premises pursuant to a consent granted under this clause the emergence of the right, duty, power or obligation shall be postponed until such time as the Licensee ceases to be entitled to possession pursuant to this clause.

 

(c)        The tenancy created by operation of this clause may be determined by the Licensor serving on the Licensee a notice to quit. The notice shall take effect at the expiration of the period of one month from the date of service of the notice or such further period as may be specified in the notice.

 

(d)        The tenancy created by operation of this clause may be determined by the Licensee serving on the Licensor a notice stating that as from a date specified in the notice the tenancy is surrendered.

 

14        LICENSEE'S RENT AND OUTGOINGS

14.1     Licensee to Pay Rent

The Licensee covenants with the Licensor that the Licensee shall during the whole of the Term of Agreement and any extension of it pay the Rent to the Licensor in accordance with the provisions of this clause without demand free of exchange and without deduction whatsoever.

14.2     Goods and Services Tax

(a)        The Parties agree that all payments to be made and other consideration to be provided by the Licensee under the Licence are GST exclusive unless explicitly expressed otherwise. If any payment or consideration to be made or provided by the Licensee to the Licensor is for a taxable supply under the Licence on which the Licensor must pay GST and the Licensor gives the Licensee a tax invoice, the Licensee shall pay to the Licensor an amount equal to the GST payable (“the GST Amount”) by the Licensor for that taxable supply upon receipt of that tax invoice.

 

 

(b)        The Parties agree that they are respectively liable to meet their own obligations under the GST Law. The GST Amount shall not include any amount incurred in respect of penalty or interest or any other amounts payable by the Licensor as a result of default by the Licensor in complying with the GST Law.

 

14.3     Rent and Adjusted Rent

The Licensee shall pay to the Licensor on the Commencement Date the Initial Rent and thereafter must pay on each Due Date, Rent in advance adjusted as provided in sub- clauses 14.4 and 14.5.

 

14.4     Calculation of Annual Rental Adjustment

(a)        On each anniversary of the Due Date the Rent will be adjusted in accordance with the following formula:

where:

R         represents the Base Annual Rent following adjustment under this clause;

B  represents the Base Annual Rent before adjustment under this clause;

C         represents the Consumer Price Index Number for the last quarter for which such a number was published before the Due Date; and

D         represents the Consumer Price Index Number for the last quarter of the last adjustment of Rent for which such a number was published.

 

(b)      In the event that such index be discontinued or abolished the Minister may at his absolute discretion nominate another Index.

 

(c)        If the reference base for the Consumer Price Index is changed regard shall be had only to Index numbers published in terms of the new reference base or to Index numbers converted to the new reference base in accordance with an arithmetical conversion factor specified by the Australian Statistician. 

 

(d)        Any Rent adjusted under this sub-clause shall be adjusted to the nearest whole dollar.

 

(e)        An adjustment of Rent made under this clause shall take effect on its Due Date, notwithstanding than any Rent notice to the Licensee is not issued until after that date specified or referred to in Column 2 of Item 6 of  Schedule 1.

 

14.5     Market Rent Review

(a)        In addition to the Rent adjustment provided for in clause 14.4 the Rent may, subject to the following provisions of this clause, be redetermined to an amount that is the Market Rent on that date with effect on and from each Market Rent Review Date by the Licensor;

 

(b)        A redetermination of Rent for the purposes of sub-clause 14.5(a) shall be taken to have been made on the Market Rent Review Date if it is made at any time within the period of six months before and up to six months after that Market Rent Review Date specified or referred to in Column 2 of Item 8 of Schedule 1.

 

(c)        Where the Licensor does not redetermine the Rent as provided for in sub-clause 14.5(a) it may subsequently redetermine the Rent at any time before the next Market Rent Review Date. No succeeding Market Rent Review Date shall be postponed by reason of the operation of this clause.

 

(d)        A redetermination of Rent made under sub-clause 14.5(a) or 14.5(c) shall take effect and be due and payable on the next Due Date following the date of issue of the notice of redetermination (or where the said Due Date and the date of issue of the notice of redetermination are the same, then that date) even if the Licensee wishes to dispute the redetermination. 

 

14.6     Rent Rebate for Charitable or Non Profit Organisations

 

(a)        At the absolute discretion of the Licensor, the Licensor may determine that the Licensee is entitled to a Rent Rebate on the basis that the Licensee is a recognised charitable or non profit organisation;

 

(b)        Subject to sub-clause 14.6(a), the Rent is calculated by subtracting the Rent Rebate from the Base Annual Rent but must exceed the statutory minimum rental applicable to tenures under the CL Act;

 

(c)        Where the Licensee is not entitled to a Rent Rebate, the Base Annual Rent applies.

 

15      CONTINUING OBLIGATION

The obligation of the Licensee to pay Rent is a continuing obligation during the Term of Agreement and any extension of it and shall not abate in whole or in part or be affected by any cause whatsoever.

 

16        NO REDUCTION IN RENT

Subject to this Licence the Licensee shall not without the written consent of the Licensor by any act, matter or deed or by failure or omission impair, reduce or diminish directly or indirectly the Rent reserved or imposed by this Licence. However, if at any time during the Licence:

 

(a)        some natural disaster or other serious event occurs which is beyond the reasonable control of the Licensee; and

 

(b)        as a result of the damage caused by the natural disaster or other serious event, the Licensee is not able to use the Premises in a reasonable manner,

 

the Licensee’s obligations to pay Rent shall abate to the extent proportional to the effect on the Licensee’s ability to occupy and use the Premises until the Premises are restored to a condition in which the Licensee is able to conduct the Licensee’s activities and/or occupy the Premises in a reasonable manner.

 

17        LICENSEE TO PAY RATES

17.1     The Licensee shall when the same become due for payment pay all (or in the first and last year of the Term of Agreement the appropriate proportionate part) rates, taxes, assessments, duties, charges and fees whether municipal, local government, parliamentary or otherwise which are at any time during the currency of this Licence separately assessed and lawfully charged upon, imposed or levied in respect of the Licensee's use or occupation of the Premises to the extent referable to the Licensee's use or occupation of the Premises.

17.2     Where the Licensor requires evidence for such payments the Licensee shall produce such evidence within ten Business Days after the respective due dates for payment.

17.3     In the case where such rates, taxes, duties and fees so covenanted to be paid by the Licensee are not paid when they become due the Licensor may if it thinks fit pay the same and any such sum or sums so paid may be recovered by the Licensor as if such sums were Rent.

18        LICENSEE TO PAY OTHER CHARGES

The Licensee shall pay all other fees, charges and impositions for which it may properly be liable which are imposed by an authorised third party and which are at any time during the Term of Agreement payable in respect of the Premises or on account of the use and occupation of the Premises by the Licensee.

19        LICENSEE TO PAY FOR SERVICES

The Licensee shall as and when the same become due for payment pay to the Licensor or to any other person or body authorised to supply the same all proper charges for gas, electricity, water or other services supplied to the Licensee or consumed in or on the Premises, by the Licensee.

20        LICENSEE TO PAY COST OF WORK

Whenever the Licensee is required under this Licence to do or effect any act, matter or thing then the doing of such act matter or thing shall unless this Licence otherwise provides be at the sole risk, cost and expense of the Licensee.

21      COSTS PAYABLE BY LICENSEE TO LICENSOR

            Except when law limits costs being recovered from a Licensor by a Licensee, the Licensee shall pay in full the Licensor's reasonable legal costs, the fees of all consultants and all duties fees, charges and expenses incurred reasonably, properly and in good faith by the Licensor in consequence of or in connection with or incidental to:

(a)        the preparation and completion of this Licence;

 

(b)        any variation of this Licence made otherwise than at the request of the Licensor;

 

(c)        any application for the consent of the Licensor and the Minister if applicable under this Licence;

 

(d)        any and every failure to comply breach or default by the Licensee under this Licence;

 

(e)        the exercise or attempted exercise of any right power privilege authority or remedy of the Licensor under or by virtue of this Licence;

 

(f)        the examination of plans, drawings and specifications of any improvement erected or constructed or to be erected or constructed on the Premises by the Licensee and the inspection of it, in this case the costs to be mutually agreed;

 

(g)        any entry, inspection, examination, consultation or the like which discloses a breach by the Licensee of any covenant of this Licence;

 

(h)        the Licensee requiring the Licensor to do any act, matter or thing under this Licence, unless otherwise provided for in this Licence.

22      COSTS PAYABLE BY LICENSOR

The Licensor shall pay its own direct and external consultants costs in relation to any rental redetermination matter without reimbursement from the Licensee.

 

23        INTEREST ON OVERDUE MONEYS

The Licensee shall pay interest to the Licensor on any moneys due and payable under this Licence or on any judgment in favour of the Licensor in an action arising from this Licence until all outstanding moneys including interest are paid in full.  The rate of interest applicable is the rate set by the Licensor’s Bank for the time being as its benchmark rates for overdrafts of one hundred thousand dollars ($100,000.00) or more.  Interest shall accrue and be calculated daily.

 

24        MANNER OF PAYMENT OF RENT AND OTHER MONEYS

The Rent and other moneys payable in accordance with this Licence shall be paid to the address or bank account specified in Column 2 of Item 9,  of Schedule 1 or to such other person or at such other address as the Licensor may from time to time direct by notice in writing served on the Licensee.

 

 25      OBLIGATIONS AND RESTRICTIONS RELATING TO PREMISES

 25.1  Access

Subject to the sub-clauses hereunder the Licensor confirms that the Licensee shall have unfettered and free access to and from, the Premises at all times, provided however that:

 

(a)        The Licensee shall strictly observe the reasonable directions and requirements of the Licensor at all times regarding the methods and routes of access to the Premises taken by the Licensee;

 

(b)        If the Licensee has shown the position of its intended access on the Access Plan [INSERT DETAIL ON ATTACHED PLAN] and described the nature of the activity to be conducted on the land at those positions, then in respect of that access, the Licensor shall not require further notice;

 

(c)        The Licensee as far as is practicable, shall be required to use existing access tracks to, from, within and surrounding the Premises;

25.2     Entry by the Public

The Licensee shall allow the public to have right of access over that part of the Premises as specified in Column 2 of Item 20, of Schedule 1 and any such part of the Premises shall be suitably signposted. Otherwise the Licensee may prohibit unauthorised entry to the remainder of the Premises. If required by the Licensor plans showing the areas where public access is authorised and unauthorised shall be displayed in a prominent location at the entrance to the Premises.

25.3     Additions and Alterations

The Licensee shall not make any additions or alterations to the Premises without first obtaining the written consent of the Licensor, the Minister and CABONNE COUNCIL Council in its role as the statutory planning authority. Any additions or alterations consented to by the Licensor and the Minister shall be carried out at the Licensee’s expense.

25.4     Maintenance of Premises and Enclosed Areas

The Licensee shall keep the Premises, and shall ensure that the Premises are kept clean and tidy and in good order and condition, having regard to the extent of the Licensee’s occupation of the Premises under this Licence.

 

25.5     Licensee to erect barricades etc

Where the Premises or any part of the Premises become to the knowledge of the Licensee (or which ought reasonably to be in the knowledge of the Licensee) unsafe, hazardous or dangerous the Licensee shall forthwith erect such warning signs, fences and barricades as may be necessary until the Premises are rendered safe.

 

25.6     No residence on Premises

The Licensee shall not reside or permit any other person to reside on the Premises, unless Schedule 2, Special Conditions, permit otherwise.

 

25.7     Licensee not to remove material

(a)        The Licensee shall not mine, remove, extract, dig up or excavate any sand, stone, gravel, clay, loam, shell or similar substance from, on or in the Premises or permit any other person to undertake such action without the prior consent in writing of the Licensor and the Minister and subject to such conditions as the Licensor or the Minister may determine.

 

(b)        Sub-clause 25.7(a) does not apply to any removal, digging up or excavation as may be necessary to construct or undertake any Improvement authorised by or under this Licence provided that any such removal, digging up or excavation is undertaken in accordance with the requirements of that authorisation.

 

(c)        A failure by the Licensee to comply with any condition imposed pursuant to sub-clause 25.7(a) constitutes a failure by the Licensee to comply with a provision or covenant of this Licence.

 

25.8     Licensee not to burn off

            The Licensee shall not carry out any burning off on the Premises except with the prior consent of the Licensor in writing, which consent shall not be unreasonably withheld, and after compliance with the requirements of the Rural Fires Act 1997.  Any consent granted in accordance with this clause shall be subject to such reasonable conditions as the Licensor may impose.

25.9     Rodents and Vermin

The Licensee shall take all reasonable precautions to keep the Premises free of rodents, vermin, insects and pests and shall in the event of failing to do so if required by the Licensor employ from time to time a duly certified pest exterminator at cost of the Licensee and as approved by the Licensor whose approval will not be unreasonably withheld. In performing its obligations pursuant to this clause the Licensee and any one acting on the Licensee's behalf shall not use any substance or undertake any activity prohibited by any legislation.

 

26        ADVERTISING

(a)        The Licensee shall not permit to be displayed or placed on the Premises or any part of them any sign, advertisement or other notice without first obtaining the Licensor's written consent other than safety signs, in respect of which the Licensor's consent shall not be required; and

 

(b)        The Licensor may at any time by notice in writing require the Licensee to discontinue to use any piece or mode of advertising to which the Licensor has granted consent under sub-clause 26(a) which in the opinion of the Licensor has ceased to be suitable or has become unsightly or objectionable and the Licensee on receipt of the notice shall comply accordingly.

 

27        NOTIFICATION OF ACCIDENT

The Licensee shall give to the Licensor prompt notice in writing of any serious accident or serious defect at or in the Premises or any part of them unless the defect or accident is capable of being and is promptly remedied by the Licensee.

 

28        LICENSEE NOT TO COMMIT NUISANCE ETC

The Licensee shall not:

 

(a)        carry on or permit to be carried on at the Premises any noxious, nuisance or offensive trade or business; or

 

(b)        carry on or permit to be carried on at the Premises any act, matter or thing which results in nuisance damage or disturbance to the Licensor or owners or occupiers of adjoining or neighbouring lands or buildings; or

 

(c)        use the Premises for any illegal activity.

 

29        HAZARDOUS SUBSTANCES

The Licensee shall not keep any Hazardous Substance on the Premises without prior consent of the Licensor, which consent shall not be unreasonably withheld.

 

30        RELICS

(a)        Unless authorised to do so by a permit under section 87 or a consent under section 90 of the National Parks and Wildlife Act 1974 and subject to observance and compliance with any conditions imposed on the grant of such permit or consent the Licensee shall not knowingly disturb, destroy, deface or damage any aboriginal relic or place or other item of archaeological significance within the Premises and shall take every reasonable precaution in drilling excavating or carrying out other operations or works in the Premises against any such disturbance, destruction, defacement or damage.

 

(b)        If the Licensee becomes aware of any aboriginal relic or place or other item of archaeological significance within the Premises the Licensee shall within 24 hours notify the Licensor and the Director-General of the Department of Environment and Conservation of the existence of such relic place or item.

 

(c)        The Licensee shall not continue any operations or works on the Premises likely to interfere with or disturb any relic, place or item referred to in sub- clause 30(b) without the approval of the Director-General of the Department of Environment and Conservation and the Licensee shall observe and comply with all reasonable requirements of the said Director-General in relation to carrying out the operations or works.

 

31        ARTEFACTS

All fossils, artefacts, coins, articles of value, articles of antiquity, structure and other remains or things of geological historical or archaeological interest discovered on or under the surface of the Premises shall be deemed to be the absolute property of the Licensor and the Licensee shall as authorised by the Licensor watch or examine any excavations and the Licensee shall take all reasonable precautions to prevent such articles or things being removed or damaged and shall as soon as practicable after discovery thereof notify the Licensor of such discovery and carry out the Licensor's orders as to the delivery up to or disposal of such articles or things at the Licensor's expense.

 

32        OWNERSHIP AND REMOVAL OF TENANT FIXTURES AND IMPROVEMENTS

(a)        During the Term of Agreement and any extension of it, ownership of Tenant Fixtures vests in the Licensee. Notwithstanding anything contained in this Licence, so long as any Rent or other moneys are due by the Licensee to the Licensor or if the Licensee has committed any breach of this Licence which has not been made good or remedied and whether the Licensee is still in possession or not, the Licensee shall not be entitled to remove any of the Tenant Fixtures, fittings or equipment from the Licensed property.

 

(b)        Upon expiry of the Licence all Improvements undertaken by the Licensee become the property of the Licensor.

 

33        GENERAL REQUIREMENT TO REPAIR

Without prejudice to the specific obligations contained in this Licence the Licensee shall to the satisfaction of the Licensor at all times keep the Premises in good repair and properly maintained in all respects.

 

34        BREAKAGES

The Licensee shall immediately at the Licensee's expense make good any breakage defect or damage to the Premises (including but not limited to broken glass) or to any adjoining premises or to any facility or appurtenance of the Licensor occasioned by want of care, misuse or abuse on the part of the Licensee or the Licensor's other Licensees occupants occupiers or other persons claiming through or under the Licensee or otherwise occasioned by any breach or default of the Licensee hereunder.

 

35        INDEMNITIES AND INSURANCE

35.1            Indemnity for use of Premises

(a)        The Licensee shall indemnify and keep indemnified the Licensor from and against all actions, suits, claims, demands, proceedings, losses, damages, compensation, sums of money, costs, legal costs, charges and expenses whatsoever to which the Licensor shall or may be or become liable for or in respect of the Licensee’s occupation operation and use of the Premises or for or in respect of all losses, damages, accidents or injuries of whatsoever nature or kind and howsoever sustained or occasioned (and whether to any property or to any person or resulting in the destruction of any property or the death of any person or not) at or upon the Premises or originating on the Premises although occurring or sustained outside the same except to the extent that any such claims and demands:

(i)         arise from or are contributed to by the negligence or wilful act or omission on the part of the Licensor; or

 

(ii)        arise from the occupation, operation or use of the Premises by any other occupier, or the acts of any person who has access to the Premises with the consent of another occupier, and the Licensor is adequately indemnified by that other occupier in respect of the relevant claim or demand, and the Licensor shall use its reasonable endeavours to ensure that an indemnity in this form is contained in any agreement with any other occupier of the Premises.

 

35.2     Indemnity Continues After Expiration of Licence

The obligations of the Licensee under this clause continue after the expiration or other determination of this Licence in respect of any act, deed, matter or thing happening before such expiration or determination for the period limited by the Statute of Limitations.

35.3     Exclusion of Consequential Loss

Despite any other provision of this Licence, both Parties exclude, and agree that they shall have no rights against the other for liability for consequential or indirect loss arising out of this Licence including (without limitation) in respect of loss of profits or loss of business. This clause does not apply in respect of wilful acts by either Party.

36        INSURANCE - PUBLIC RISK

The Licensee shall effect and maintain with a reputable and solvent insurer with respect to the Premises and the activities carried on in the Premises public risk insurance for an amount not less than the amount set out in Column 2 of Item 12, of Schedule 1 or such other amount as the Licensor may from time to time reasonably require as the amount payable in respect of liability arising out of any one single accident or event. The Licensor acknowledges that the Licensee may effect the public risk insurance pursuant to an insurance policy which is not specific as to the location of risk.

 

37        PROVISIONS RE POLICIES

(a)        All insurance policies required to be effected by the Licensee pursuant to this Licence are specified in Schedule 2, Special Conditions and shall be in place prior to the Licensee occupying the Premises.

 

(b)        The Licensee shall produce to the Licensor, once per calendar year or once per period of insurance (whichever first occurs), a certificate of insurance and/or a certificate of currency in respect of the insurance policies required to be effected by the Licensee pursuant to this Licence.

 

(c)        The Licensee shall not at any time during the Term of Agreement do or bring upon the Premises anything which it ought reasonably believe may render void or voidable any policy of insurance.  If the Licensee brings anything onto the Premises whereby the rate of premium on such insurance is liable to be increased, the Licensee shall obtain insurance cover for such increased risk and pay all additional premiums on the Premises required on account of the additional risk caused by the use to which the Premises are put by the Licensee.

 

(d)        The Licensee shall use all reasonable endeavours to ensure that full, true and particular information is given to the office or company with which the said insurances are effected of all matters and things the non-disclosure of which might in any way prejudice or affect any such policy or policies of insurance or the payment of all or any moneys there under.

 

38        INDEMNITY FOR NON-COMPLIANCE WITH LEGISLATION

The Licensee shall indemnify and keep indemnified the Licensor from and against any and all actions, suits, claims, demands, proceedings, losses, damages, compensation, sums of money, costs, legal costs, charges and expenses whatsoever arising from the non-compliance by the Licensee with any New South Wales or Commonwealth legislation that may apply to the Licensee’s use and occupation of the site and access thereto and the Licensee’s operation of their business from the site and access thereto.

 

This clause shall not merge on the expiration or other determination of this Licence in respect of any act, deed, matter or thing happening before such expiration or determination.

 

39        INDEMNITY FOR BREACH OF ENVIRONMENTAL LAW

Without prejudice to any other indemnity granted by this Licence, the Licensee shall indemnify and keep the Licensor indemnified against all claims whatsoever arising from a breach by the Licensee of any Environmental Law which breach is in relation to the Premises. This clause shall not merge on expiration or other determination of this Licence in respect of any act, deed, matter or thing happening before such expiration or determination.

 

40        NO LIABILITY FOR FAILURE OF SERVICES

The Licensor shall not be under any liability for any loss, injury or damage sustained by the Licensee or any other person at any time as a result of or arising in any way out of the failure of the electricity, telephones, gas, water supply, sewerage, drainage or any other services or facilities provided by the Licensor or enjoyed by the Licensee in conjunction with the Premises or this Licence provided that such failure is not due to the negligent or wilful  act or omission of the Licensor its servants or agents.

 

41        LICENSEE NOT TO IMPOSE LIABILITY ON LICENSOR

Subject to any other provision of this Licence, the Licensee shall not without the written consent of the Licensor by any act, matter or deed or by failure or omission cause or permit to be imposed on the Licensor any liability of the Licensee under or by virtue of this Licence even though the Licensee is entitled to do so under any law present or future or otherwise.

 

42        RELEASE OF LICENSOR FROM LIABILITY

(a)        The Licensee shall occupy, use and keep the Premises at the risk of the Licensee and hereby releases to the full extent permitted by law the Licensor from all claims and demands of every kind resulting from any accident, damage or injury occurring therein but excluding such claims and demands to the extent that such claims and demands arise out of the negligent or wilful acts omissions or default of the Licensor and the Licensor shall have no responsibility or liability for any loss of or damage to fixtures and/or personal property of the Licensee or any agent or servant of the Licensee or of any member of the public whilst in or upon the Premises  but excluding such loss or damage claims and demands to the extent that such loss or damage, claims and demands arise out of the negligent acts or wilful omissions or default of the Licensor.

 

(b)        The obligations of the Licensee under this clause shall continue after the expiration or other determination of this Licence in respect of any act, deed, matter or thing happening before such expiration or determination for which the Licensee is responsible. Such obligation is to be governed by the Statute of Limitations.

 

43      LICENSOR’S WARRANTIES AND COVENANTS

43.1     Hazardous Chemicals

            The Licensor warrants that it has not received any notice pursuant to the Environmentally Hazardous Chemical Act, 1985 (NSW).

 

 44       LICENSOR'S POWERS AND FUNCTIONS

44.1     Approval by Licensor

(a)        In any case where pursuant to this Licence the doing or executing of any act, matter or thing by the Licensee is dependent upon the approval or consent of the Licensor such approval or consent shall not be effective unless given in writing and may be given or withheld (unless the context otherwise requires) by the Licensor and may be given subject to such conditions as the Licensor may determine unless otherwise provided in this Licence provided such consent or approval is not unreasonably withheld or such terms and conditions are not unreasonable.

 

(b)        Any failure by the Licensee to comply with a condition imposed by the Licensor pursuant to sub-clause 44.1(a) constitutes a failure by the Licensee to comply with a condition of this Licence.

 

 45       APPLICATION OF CERTAIN STATE AND COMMONWEALTH LAWS

45.1     Proportionate Liability

          Part 4 of the Civil Liability Act 2002 (NSW) does not apply to this Licence.

 

45.2     Licensee to Comply with all Commonwealth and NSW State Laws

 (a)       The Licensee shall comply with the requirements of all Statutes, regulations or by-laws and requirements of all relevant public and local authorities in so far as they apply in relation to the use and occupation of the Premises to the extent to which the Licensee is bound at law to comply with the same and nothing in this Licence affects this obligation.

 

(b)        The Licensee shall forthwith on being served with a notice by the Licensor comply with any notice or direction served on the Licensor by a competent authority relating to the destruction of noxious animals or plants or pests or the carrying out of repairs alterations or works on or to the Premises.

 

45.3     Licensee to Comply with Environmental Laws

In relation to its use of the Premises, the Licensee shall, during the Term of Agreement, and in relation to the Premises:

 

(a)        comply with relevant Environmental Law;

 

(b)        use its best endeavours to prevent a breach of any Environmental Law;

 

(c)        report any breach even if accidental; and

 

(d)        provide to the Licensor as soon as reasonably practicable details of notices received by or proceedings commenced against the Licensee pursuant to an Environmental Law:

 

(i)         relating to a breach or alleged breach by the Licensee of an Environmental Law; or

 

(ii)        requiring the Licensee to carry out works to decrease the affectation of the Premises by any Hazardous Substance.

45.4     Licensee’s Failure to Comply with Statutory Requirements

Where the Licensee breaches any law in relation to its use of the Premises it is taken to breach a condition of the Licence, provided that:

(a)   the Licensee has been found guilty of the breach, and

(b)        the Licensor determines that the breach warrants the termination of the Licence.

      

 

 

46        NOTICES

46.1     Service of Notice on Licensee

Any notice served by the Licensor on the Licensee must be in writing and shall be sufficiently served if:

(a)        served personally or left addressed to the Licensee at the address stated in Column 2 of Item 10, of Schedule 1 or such other address as the Licensee notifies in writing to the Licensor; or

 

(b)        sent by email to the Licensee’s email address stated in Column 2 of Item 10, of Schedule 1 or such other address as the Licensee notifies in writing to the Licensor;

 

(c)       sent by facsimile to the Licensee’s facsimile number stated in Column 2 of Item 10, of Schedule 1 or such other number as the Licensee notifies in writing to the Licensor; or

 

(d)        forwarded by prepaid security mail addressed to the Licensee at the address stated in Column 2 of  Item 10, of Schedule 1;

 

and every such notice must also be served on the Licensee’s solicitors as they may be nominated from time to time, or such other address or facsimile number as the Licensee’s solicitors notify in writing to the Licensor, by any methods identified in subclauses 46.1 (a), (b) and (c).

 

46.2     Service of Notice on Licensor

Any notice served by the Licensee on the Licensor must be in writing and shall be sufficiently served if:

 

(a)        served personally or left addressed to the Licensor at the address stated in Column 2 of Item 11, of Schedule 1 or such other address as the Licensor notifies in writing to the Licensee; or

 

(b)        sent by email to the Licensor’s email address stated in Column 2 of Item 11,  of Schedule 1 or such other address as the Licensor notifies in writing to the Licensee;

 

(c)        sent by facsimile to the Licensor’s facsimile number stated in Column 2 of Item 11, of Schedule 1 or such other number as the Licensor notifies in writing to the Licensee; or

 

(d)        forwarded by prepaid security mail addressed to the Licensor at the address stated in Column 2 of  Item 11, of Schedule 1

 

and every such notice must also be served on the Licensor’s solicitors, as they may be nominated from time to time, or such other address or facsimile number as the Licensor’s solicitors notify in writing to the Licensee, by any methods identified in subclauses 46.2 (a), (b) and (c).

 

46.3     Notices

(a)        Any notice served by the Licensor or the Licensee under this Licence shall be effective if signed by a director or secretary or the solicitors for the Party giving the notice or any other person or persons nominated in writing from time to time respectively by the Licensor or by the Licensee to the other.

 

(b)        Any notice sent by prepaid security mail shall be deemed to be served at the expiration of 2 Business Days after the date of posting.

.

(c)        Any notice sent by facsimile machine shall be deemed to be served on the first Business Day after the date of transmission (provided that the sending Party receives a facsimile machine verification report indicating that the notice has been transmitted).

 

47        PROCEDURE - DISPUTE RESOLUTION

(a)        In the event that the Licensor and the Licensee are in dispute regarding any matter relating to or arising under this Licence or in respect of any approvals or consents to be granted by the Licensor (except those approvals or consents where the Licensor has an obligation to act reasonably) to the Licensee hereunder or where it is acting in its statutory capacity, then either the Licensor or the Licensee may give notice and particulars of such dispute to the other Party.

 

(b)        Where a notice of dispute is served pursuant to this clause the Parties agree to enter into informal negotiations to try and resolve the dispute in good faith and in an amicable manner.

 

(c)        If the dispute is not resolved informally within 21 days of service of written notification, the Parties may confer with a mutually agreed third party whose role will be to assist in the resolution of the dispute by mediation or expert appraisal of the dispute. The Parties agree to provide all information and assistance reasonably requested by such third party, including access to any accounting or other business records relating to or arising out of the Licence.

 

(d)        A third party appointed in accordance with this clause may decide in which proportions any fees will be borne by the respective Parties. In the absence of any such decision by the third party fees shall be borne equally by the Parties.

 

(e)        Neither Party shall be entitled to commence or maintain any proceedings in any court or tribunal until negotiations or mediations have taken place pursuant to this clause except where either Party seeks urgent interlocutory relief.

 

(f)        Either Party may at any time bring negotiations or mediation to an end by serving upon the other Party written notice stating that the dispute has failed to be resolved. Upon service of such notice both Parties shall be entitled to pursue any legal remedies available to them in relation to the dispute.  This sub-clause does not in any way limit a mediator's power to apportion fees under sub-clause 47(d).

 

 (g)       Notwithstanding the existence of a dispute under this or any other clause of this Licence the Parties must, unless acting in accordance with an express provision of this Licence, continue to perform their obligations under this Licence.

 

MISCELLANEOUS

 

48        NO MORATORIUM

Any present or future legislation which operates to vary obligations between the Licensee and the Licensor, except to the extent that such legislation is expressly accepted to apply to this Licence or that its exclusion is prohibited, is excluded from this Licence.

 

49        NO WAIVER

No waiver by a Party of any breach of any covenant obligation or provision in this Licence either express or implied shall operate as a waiver of another breach of the same or of any other covenant obligation or provision in this Licence contained or implied.  None of the provisions of this Licence shall be taken either at law or in equity to have been varied waived discharged or released by a Party unless by express consent in writing.

 

 

50        NO MERGER

Nothing in this Licence merges, postpones, extinguishes lessens or otherwise prejudicially affects the rights and remedies of the Parties under this Licence or under any other agreement.

 

 

51               COUNTERPARTS

(a)        A Party may execute this Licence by signing any counterpart.

 

(b)        All counterparts constitute one document when taken together.

 

52        CONTACT PERSON

The Licensor and the Licensee each must nominate a person to contact about matters arising under this Licence. The person so nominated is the person referred to in Column 2 of Items 13 and 14, of Schedule 1 or such other person as the Licensor nominates in writing to the Licensee and the Licensee nominates in writing to the Licensor from time to time.

 

53        APPLICABLE LAW

This Licence shall be construed and interpreted in accordance with the law of New South Wales.

 

54        NO HOLDING OUT

The Licensee shall not in connection with the Premises or otherwise directly or indirectly hold out or not permit to be held out to any member of the public any statement, act, deed, matter or thing indicating that the Premises or the business conducted or operated thereon or any parts or parts thereof are or is being carried on or managed or supervised by the Licensor nor shall the Licensee act as or represent itself to be the servant or agent of the Licensor.

 

55      WHOLE AGREEMENT

 

(a)        The provisions contained in this Licence expressly or by statutory implication cover and comprise the whole of the agreement between the Parties.

 

(b)        No further or other provisions whether in respect of the Premises or otherwise shall be deemed to be implied in this Licence or to arise between the Parties hereto by way of collateral or other agreement by reason or any promise representation warranty or undertaking given or made by any Party hereto to another on or prior to the execution of this Licence.

 

(c)        The existence of any such implication or collateral or other agreement is hereby negatived.

 

 

56      SPECIAL CONDITIONS

 

The Special Conditions set out in Schedule 2 apply and form part of this Licence.

 

 

 

      

 


SCHEDULE 1

Item

Clause

Column 1

Column 2

1

2

Licensor

Cabonne Council Crown Reserves Reserve Trust

2

2

Licensee

Canowindra Men’s Shed

3

2

Market Rent

$458.00

4

2

Rent Rebate

Nil

5

2

Initial Rent

$458.00

6

2

Due Date

1st   July 2018 and each anniversary of this date in each year of the Term of Agreement and any holding over period. Day usage fees are to be paid quarterly.

7

14.4

Annual Rental Adjustment

12 months from commencement and annually there after

8

14.5

Market Rent Review Date

3 years from Commencement Date of Licence and every 3 years thereafter [as applicable depending on the Term of  Licence]

9

24

Address for Payment of Rent

 

Cabonne Council

PO Box 17

MOLONG NSW 2866

 

10

46.1

Licensee’s address for Service of Notices

 

Lot 3

Tilga Street

Canowindra

Attention: Warwick Bowd

Phone: 63.442025

Email:     _-------

63..442025

46.2

 

Licensor’s address for Service of Notices

 

 

General Manager

Cabonne Council,

PO Box 17, Molong, NSW, 2866

Phone: 63.923200

 

12

36

Public Risk Insurance amount

$20 Million

13

52

Licensor’s Contact Person

Denis O’Brien

14

52

Licensee’s Contact Person

Warwick Bowd

15

6

Permitted Use

Public Baths and Community Purposes 

16

7

Commencement Date

1st October 2017

17

7

Expiry Date

30th September 2027

18

2

Term of Agreement

10 years

19

5

Essential Conditions of Licence

Clauses 6.2, 6.3, 8, 14, 33, 36, 37, 38, 45.2, 45.3, 45.4

20

25.2

Entry by the public

Tilga Street, Canowindra, all hours

 

End of Schedule 1

 

 

 

 

 

Schedule 2 Special Conditions

No special conditions

 

 

 

 

 

 


Dated this                              day of                           , 2017

 

THE COMMON SEAL of CANOWINDRA MEN’S SHED  was affixed in the presence of:

 

 

THE COMMON SEAL of CABONNE COUNCIL

 

Signature

 

Print Name

 

Office Held

 

 

First Signatory

 

Print Name

 

Office Held

SIGNED BY THE LICENSEE in the presence of

 

Signature of Witness

 

Print Name

 

 

Second Signatory

 

Print Name

 

Office Held


Item 18 Ordinary Meeting 25 July 2017

Item 18 - Annexure 1

 

 

 

Ministerial Consent*

Under authority of Section 102 of the Crown Lands Act 1989.

Dated this                             day of                           , 2017

 

SIGNED by ……………………………………………………under delegation

 

Print Name

 

Print Position of Delegate

 

 

 

 

 

 

 

 

 

 

 

If Ministerial consent is not required under Section 102 of the Crown Lands Act, please attach evidence of authorisation.

 

*Note on Minister’s Consent to a licence (other than a temporary licence)

Before consenting to a licence by a reserve trust, the delegated departmental officer should consider whether the proposed licence:

□    conforms with the Lands template as appropriate in the circumstances

□    purpose is compatible with  the reserve purpose

□    is in the public interest

□    is compatible with the plan of management (if applicable)

□    is for an appropriate term

□    was or is proposed to be selected by public competition or, if not, the circumstances relating to the selection of the proposed licensee

□    proposed rent represents a proper return to the public for the use of the public land

□    contains provisions for the periodic updating or review of the rent

□    has no native title impacts

□    contains clauses relating to:

the termination of the licence in the event of a revocation of the reserve

the indemnification of the Reserve Trust, the Crown and the NSW Government against claims for compensation

appropriate insurance provisions.


PREMISES APPENDIX

THIS IS A PREMISES APPENDIX REFERRED TO AND DEFINED IN THE LICENSE AGREEMENT BETWEEN THE CABONNE COUNCIL CROWN RESERVES RESERVE TRUST AND CANOWINDRA MEN’S SHED IN ACCORDANCE WITH THE PROVISIONS OF CL ACT FOR THE PERMITTED USE PUBLIC BATHS AND COMMUNITY PURPOSES THIS PREMISES APPENDIX VARIES AND FORMS PART OF THE LICENCE AND ITS TERMS ARE INCORPORATED IN THEIR ENTIRETY INTO THE LICENCE

Descriptions of Land

Parish

COLLETT

County

ASHBURNHAM

Locality

CANOWINDRA

Deposited Plan

DP 750147

Commencement Date

1ST OCTOBER 2017

Expiry Date

30TH SEPTEMBER 2027

Initial Rent

$ 458.00

Plan

Plan attached and marked as “A”

Third Party Exclusive Area

N/A

Enclosed Area

N/A

 


MAP OF MEN’S SHED AND SWIMMING POOL WITH RESERVE MARKED IN RED

 

PLAN “A”

 

 

Tilga Street Men’s Shed         Canowindra swimming pool           Gaskill Street


Item 23 Ordinary Meeting 25 July 2017

Item 23 - Annexure 1

 

 

 

DRAFT CONDITIONS OF CONSENT

 

1.   DEVELOPMENT IN ACCORDANCE WITH PLANS

 

Objective

 

To ensure the development proceeds in the manner assessed by Council.

 

Performance

 

Development is to take place in accordance with the attached stamped plans (Ref: DA 2017/89 Saunders & Staniforth, ref 712McMurray, sheets 1 to 10 , dated 4 July 2017) and documentation submitted with the application and subject to the conditions below, to ensure the development is consistent with Council’s consent. 

 

The Principal Certifying Authority for the project may request an application for modification of this consent or a new application in the event that changes to the approved plans are subsequently made.  An application to modify the development consent under s96 of the Environmental Planning and Assessment Act, 1979, as amended and will be subject to a separate fee.

 

 

2.   BUILDING CODE OF AUSTRALIA 2016 – AUSTRALIAN STANDARDS

 

Objective

 

To satisfy the Building Code of Australia 2016 and relevant Australian Standards.

 

Performance

 

The approved buildings must meet the relevant Australian Standards and the performance requirements of the Building Code of Australia 2016. Compliance with the Performance Requirements can only be achieved by:-

 

a)      complying with the Deemed to Satisfy Provisions; or

b)      formulating an Alternative Solution which:-

 

          i)        complies with the Performance Requirements; or

          ii)       is shown to be at  least equivalent to the Deemed to Satisfy Provisions; or

          iii)      a combination of both a) and b).

 

 

3.   APPOINTMENT OF PRINCIPAL CERTIFYING AUTHORITY

 

Objective

 

To ensure compliance with s81A of the Environmental Planning and Assessment Act 1979 as amended.

 

Performance

 

The person having the benefit of this consent must appoint a Principal Certifying Authority for the development, pursuant to Section 81A of the Environmental Planning and Assessment Act 1979, as amended and advise Council in writing of that appointment BEFORE WORKS COMMENCE.

 

That Certifying Authority may be the Council, or an Accredited Certifier appointed under the Act.  The required written notice to Council may be satisfied by supplying a copy of the Application for a construction Certificate (Form 11) under the Environmental Planning and Assessment Regulation 1994, as amended and must include the name, contact address, telephone and accreditation numbers of the selected Certifying Authority.

 

The Principal Certifying Authority and any other Certifiers appointed by that Authority will be responsible for the post-consent certification of the development.  Copies of all certification is to be submitted to Cabonne Council referenced by the Development Application Number.

 

 

4.   APPLICATION FOR CERTIFICATION

 

Objective

 

To satisfy the post-consent requirements of this Development Consent, and to comply with S.109 of the Environmental Planning and Assessment Act 1979, as amended.

 

Performance

 

The person having the benefit of this consent is required to apply for a:

 

CONSTRUCTION CERTIFICATE, and

OCCUPATION CERTIFICATE

5.   HOME BUILDING ACT 1989

 

Objective

 

To ensure all residential work is covered by insurance and is in compliance with Part 6 of the Home Building Act 1989.

 

Performance

 

Building work (within the meaning of the Home Building Act 1989) must not be carried out unless the principal certifying authority for the development:

 

a)      in the case of work done by a licensee under the Act:

(i)         has been informed in writing of the licensee’s name and contractor license number, and

(ii)        is satisfied that the licensee has complied with the requirements of Part 6 of that Act, OR

b)      in the case of work to be done by any other person:

(i)         has been informed in writing of the person’s name and owner-builder permit number, or

(ii)        has been given a declaration, signed by the owner of the land, that states that the reasonable market cost of the labour and materials involved in the work is less than the amount prescribed for the purposes of the definition of owner-builder work in section 29 of the Act,

 

and is given appropriate information and declarations under paragraphs (a) and (b) whenever arrangements for the doing of the work are changed in such a manner as to render out of date any information or declaration previously given under either (a) or (b).

 

NOTE:  A certificate issued by an approved insurer under Part 6 of the Home Building Act 1989 that states that the person is the holder of an insurance policy is sufficient evidence to satisfy this condition

 

 

6.   RFS CONDITIONS

 

Objective

 

To comply with the Bush Fire Safety Authority under Section 100B of the ‘Rural Fires Act 1997’

 

Performance

 

Asset Protection Zones

 

The intent of measures is to provide sufficient space and maintain reduced fuel

loads so as to ensure radiant heat levels of buildings are below critical limits and to

prevent direct flame contact with a building. To achieve this, the following conditions

shall apply:

 

1.         At the commencement of building works and in perpetuity the property around the manager's dwelling to a distance of;

● 15 metres on the northern elevation

● 25 metres on the western elevation

● 28 metres on the eastern elevation and

● 35 metres on the southern elevation, shall be maintained as an inner protection area (IPA) as outlined within section 4.1.3 and Appendix 5 of 'Planning for Bush Fire Protection 2006' and the NSW Rural Fire Service's document 'Standards for asset protection zones'.

 

2.         At the commencement of building works and in perpetuity the property around the training facility (refuge) to a distance of;

● 42 metres on the northern, western and southern elevations and

● 50 metres on the eastern elevation, shall be maintained as an inner protection area (IPA) as outlined within section 4.1.3 and Appendix 5 of 'Planning for Bush Fire Protection 2006' and the NSW Rural Fire Service's document 'Standards for asset protection zones'.

 

3.         All remaining grassland areas as shown on plan, Figure 2 Vegetation structure within 140m of dwelling and training facility and asset protection zones, prepared by Enivirowest Consulting Pty Ltd, dated 1/4/17, shall be maintained as an inner protection area (IPA) as outlined within section 4.1.3 and Appendix 5 of 'Planning for Bush Fire Protection 2006' and the NSW Rural Fire Service's document 'Standards for asset protection zones'.

 

Water and Utilities

 

The intent of measures is to provide adequate services of water for the protection of

buildings during and after the passage of a bush fire, and to locate gas and

electricity so as not to contribute to the risk of fire to a building. To achieve this, the

following conditions shall apply:

 

4.       Water and gas are to comply with the following requirements of section 4.1.3

of 'Planning for Bush Fire Protection 2006'.

● In recognition that no reticulated water supply exists a 20000 litre water supply

shall be provided for fire fighting purposes for the dwelling and 10000 litre water supply for the training facility and each cabin.

● A 65mm metal Storz outlet with a gate or ball valve shall be provided.

● If an above ground tank is to be installed it shall be manufactured of concrete or metal and raised tanks are to have their stands protected. Plastic tanks shall not be used.

● If an underground tank is to be installed it shall have an access hole of 200mm to allow tankers to refill direct from the tank.

● The gate or ball valve, pipes and tank penetration are adequate for full 50mm inner diameter water flow through the Storz fitting and are metal.

● All associated fittings to the tank shall be noncombustible.

● A minimum 5hp or 3kW petrol or diesel powered pump shall be made

available to the water supply for the dwelling and training faciility. A 19mm (internal diameter) fire hose and reel shall be connected to the pump.

● An 'SWS' marker shall be obtained from the local NSW Rural Fire Service and

positioned for ease of identification by brigade personnel and other users of the SWS. In this regard:

a) Markers must be fixed in a suitable location so as to be highly visible; and

b) Markers should be positioned adjacent to the most appropriate access for

the static water supply.

 

● Reticulated or bottled gas is to be installed and maintained in accordance with Australian Standard AS/NZS 1596:2014: 'The storage and handling of LP gas' and the requirements of relevant authorities. Metal piping is to be used.

 

Access

 

The intent of measures for property access is to provide safe access to/from the

public road system for fire fighters providing property protection during a bush fire

and for occupants faced with evacuation. To achieve this, the following conditions

shall apply:

 

5.       Property access to the proposed dwelling shall comply with sections 4.1.3(2)

of 'Planning for Bush Fire Protection 2006'

 

The intent of measures for internal roads is to provide safe operational access for

emergency services personnel in suppressing a bush fire, while residents are

accessing or egressing an area. To achieve this, the following conditions shall

apply:

 

6.       Vehicular access (internal access) is to be provided from a public road to the

nominated refuge building and comply with the requirements of Section 4.2.7

of 'Planning for Bush Protection 2006'.

 

Evacuation and Emergency Management

 

The intent of measures is to provide suitable emergency and evacuation (and

relocation) arrangements for occupants of special fire protection purpose

developments. To achieve this, the following conditions shall apply:

 

7.       Arrangements for emergency and evacuation are to comply with section 4.2.7

of 'Planning for Bush Fire Protection 2006'.

8.         Pedestrian paths from the cabins and camping area to the refuge are provided and clearly signposted.

 

Design and Construction

 

The intent of measures is that buildings are designed and constructed to withstand

the potential impacts of bush fire attack. To achieve this, the following conditions

shall apply:

 

9.         New construction for the dwelling on the northern, eastern and southern elevations shall comply with Sections 3 and 7 (BAL 29) Australian Standard AS3959-2009 'Construction of buildings in bush fire-prone areas' and section A3.7 Addendum Appendix 3 of 'Planning for Bush Fire Protection 2006'.

 

10.       New construction for the dwelling on the western elevation shall comply with Sections 3 and 6 (BAL 19) Australian Standard AS3959-2009 'Construction of

buildings in bush fire-prone areas' and section A3.7 Addendum Appendix 3 of

'Planning for Bush Fire Protection 2006'.

 

11.       New construction for the training facility shall comply with Sections 3 and 5 (BAL 12.5) Australian Standard AS3959-2009 'Construction of buildings in bush fire-prone areas' and section A3.7 Addendum Appendix 3 of 'Planning for

Bush Fire Protection 2006'.

 

 

 

7.   PLUMBING AND DRAINAGE WORKS

 

Objective

 

To ensure compliance with the requirements of the relevant legislation.

 

Performance

 

All plumbing and drainage work shall be carried out by a licensed plumber and drainer to the requirements of the National Plumbing and Drainage Code AS3500.

 

 

8.   DRAINAGE RECORDS

 

Objective

 

To provide an accurate record of drainage works.

 

Performance

 

A works as executed plan drawn to the scale of 1 in 200 of drainage is to be submitted to Council prior to an Occupation Certificate being granted.

 

 

9.   STORMWATER

 

Objective

 

To ensure satisfactory disposal of roof stormwater run-off.

 

Performance

 

All roofwater shall be collected through guttering and downpiping, connected to a 100mm or 90mm PVC pipeline and shall be disposed of:-

 

1.       3m away from the building,

2.       to the existing storm water drainage system,

3.         well clear of the effluent absorption area to prevent infiltration or runoff to the area, or

4.         convey all roof rainwater to an approved absorption / rubble trench, having a cross-sectional area of 600 mm x 600 mm and being one (1) metre long for every 25m2 of roof area drained thereto.  Trenches are to be located three (3) metres clear of any Building or Lot boundary and not in a position to permit infiltration or overland flow to an effluent disposal area.

 

 

10. SOIL EROSION

 

Objective

 

To protect the water catchments.

 

Performance

 

Provide and maintain a silt intercept fence along the lower boundary of the site or as otherwise directed by the Council to ensure that silt does not enter the stormwater system/catchment.

 

 

11. NOISE

 

Objective

 

To limit the impact of noise on adjoining properties.

 

Performance

 

Building work may only be carried out on the site between the following hours:

 

7.00am and 6.00pm Monday to Friday

8.00am and 1.00pm Saturdays

No work is to be carried out on Sundays or Public Holidays. This includes site works and deliveries.

 

 

12. IDENTIFICATION OF SITE

 

Objective

 

To clearly identify the site.

 

Performance

 

Provide a clearly visible sign to the site stating:-

a)   Unauthorised entry is prohibited

b)   Builders name and license number; or owner builders permit number;

c)   Street number or lot number;

d)   Contact telephone number/after hours number;

e)   Identification of Principal Certifying Authority.

 

 

13. PROVISION OF TEMPORARY FACILITIES

 

Objective

 

To provide temporary toilet facilities.

 

Performance

 

A temporary sewer or chemical toilet is to be provided on the property while building work is in progress to comply with the requirements of the Workcover Authority.  NOTE:  This must be on-site prior to the first inspection.

 

14. POWER

 

Objective

 

To ensure the new dwelling has an adequate power supply.

 

Performance

 

The applicant will meet any costs associated with connection of the dwelling to the electricity supply.   Documentary evidence from the Power Authority is to be submitted detailing connection.

 

 

15. BASIX CERTIFICATE

 

Objective

 

To ensure the dwelling is constructed in the approved manner.

 

Performance

 

All the required commitments shown on the Basix Certificate (No: 841348S) and approved plans are to be completed PRIOR to a Final Occupation Certificate being issued.

 

16. WATER SUPPLY

 

Objective

 

To ensure provision is made for adequate rural water supply.

 

Performance

 

In rural areas (where town water is not available)

 

a.   Storage facilities for at least 90,000 litres of water for domestic purposes are to be provided, 20,000 litres of which are to be retained at all times for fire fighting purposes; or

 

b.   The 90,000 litres storage facilities may be reduced to 45,000 litres where an alternative acceptable potable water supply source is available, capable of delivering at least 1,300 litres per hour. Separate application is to be made to the Consent Authority – Cabonne Council.

 

c.   The water supply tanks are required to have, for bush fire fighting requirements, openings in the top of the storage for drafting water or an approved suitable outlet and access to the storage for conventional fire fighting suction hose.

 

The take off point for the domestic supply is to be located in such manner to ensure that the 20,000 litres of water is retained at all times for bushfire fighting purposes.

 

1.   The outlet for fire fighting purposes shall be fitted with 65 mm STORZ fitting and 65mm gate valve, and

 

2.   The outlet for (1) above shall be located so that access for fire fighting units is provided, ie directly where there is vehicle access to the outlet or via plumbing where such direct access is not possible.

 

 

 

17. ACCESS/EGRESS FOR PEOPLE WITH DISABILITIES

 

Objective

 

To ensure safe, equitable and dignified access and egress for people with disabilities.

 

Performance

 

Disabled access is required to comply the Disability (Access to Premises — Buildings) Standards 2010.

 

 

18. KITCHEN FACILITIES – CONSTRUCTION AND FITOUT

 

Objective

 

To ensure the design and construction of the kitchen is adequate for the proposed activities, fixtures, fittings and equipment to ensure the premises can be effectively cleaned and if necessary sterilized.

 

Performance

 

The construction and fitout of the kitchen is to meet the requirements of AS4674. The food premises are to operate in accordance with the requirements of the Australia New Zealand Food Standards Code.

 

Council recommends that prior to fitout of the kitchen, a floor plan/details of the fitout be submitted to Council to ensure it will meet the requirements of the Food Standards Code.

 

19. SECTION 68 – INSTALLING A MANUFACTURED HOME

 

Objective

 

To ensure the manufactured home is designed, constructed and installed in an appropriate manner and in accordance with the requirements of the Local Government Act 1993 & Regulations.

 

Performance

 

A Section 68 approval for installation of any manufactured home will be required to be lodged with Council prior its placement on site together with any structural engineers details/certification for the works.

 

 

20. INTERNAL ACCESS

 

Objective

 

To ensure a satisfactory all weather access is available to the new dwelling site.

 

Performance

 

The applicant is required to upgrade an internal road prior to occupation from the point of access to Lot 712 DP 792758 to the proposed new dwelling, training facility and proposed cabins. To a standard that is in accordance with Planning for Bush fire protection 2006 and allows access by a typical 2-wheel drive vehicle in wet weather, at the applicants cost.

 

 

21. PROVISION OF RURAL ADDRESS NUMBER

 

Objective

 

To provide each eligible rural property with a rural address number in accordance with Standard AS/NZS 4819:2011:Geographic Information – Rural and Urban addressing.

 

Performance

 

The location of each eligible access will be established and a number allocated based upon measurements taken by the Principal Certifying Authority which will be in accordance with Standard AS/NZS 4819:2011.

 

The applicant is to contact Council’s Environmental Services Department on 63923247 to obtain an application form and instructions.

 

 

22. ERECTION OF RURAL ADDRESS NUMBER

 

Objective

 

To ensure each eligible rural property has a suitably erected and clearly visible rural address number in accordance with Standard AS/NZS 4819:2011 Geographic Information – Rural and Urban Addressing.

 

Performance

 

The designated number plate shall be obtained and erected in accordance with the Specifications for Erection of Rural Address Numbers as supplied by Council.  (Note: These plates are available from Council at the fee specified in Council’s Fees and Charges)

 

Written notification is to be provided to Council indicating rural addressing number has been erected.  This letter is to be supplied to Council or Principal Certifying Authority PRIOR to the issue of any Occupation Certificate.

 

 

23. ON SITE WASTE WATER MANAGEMENT

 

Objective

 

To ensure that an accredited sewage management facility is designed, constructed and installed.

 

Performance

 

The Onsite Wastewater Management System is to be designed following a site specific examination of the site by a suitably qualified person, details of the proposed system along with an application to install an onsite wastewater management system are to be provided to Council prior to the issue of a Construction Certificate.

 

 

24. EROSION AND SEDIMENTATION CONTROL PLANS

 

Objective

To prevent soil erosion and watercourse contamination during and subsequent to the course of the development.

Performance

An overall site erosion and sedimentation control plan is to be prepared to a standard acceptable to the Principal Certifying Authority.

The site erosion and sedimentation control plan is to note any proposed vegetation retention and planting and is to be submitted to Council and approved prior to any Construction Certificate for the development is issued.

 

25. CONTRIBUTION TO BUSHFIRE SERVICES  (Rural Dwellings)

 

Objective

 

To make an equitable contribution towards improvement of Bushfire Services and Amenities for the specified Brigade. The contribution has been levied in accordance with Councils Bushfire Service Contributions Plan, February, 1993.

 

A copy of this Plan is available for inspection at Councils Department of Environmental Services Bank Street, Molong during business hours.

 

Performance

 

The applicant will make a contribution of $1,220.60 towards the improvement of Bushfire Services and Amenities for Cargo Brigade (Income No: 10003) to Cabonne Council prior to any Occupation Certificate being issued of the dwelling.

 

26. ROAD IMPROVEMENT CONTRIBUTION

 

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 road improvement contributions of $9,389.70 towards the improvement of Edinboro Lane (20103) and $9,389.70 towards the improvement of McMurrays Lane (20106) to Cabonne Council prior to any Occupation Certificate being issued of the development.

 

 

27. PROVISION OF PRIVATE ACCESS

 

Objective

 

To ensure that safe and practical access is provided to the subject land.

 

Performance

 

Access must be provided to all proposed lots in accordance with Councils’ Provision of Private Access Specification  that is current at the time of application.

 

An Access Construction Certificate must be obtained prior to any Construction Certificate being issued or commencement of construction of any access or accesses to the property from the adjoining road.

 

A joint inspection with the Principal Certifying Authority is to be held prior to commencing construction of the access.  Please telephone Council’s Development Engineer on 6392 3247 to arrange a suitable date and time for the inspection.

 

An Access Compliance Certificate for the access must be issued by Council before any Occupation Certificate can be issued development.

 

28. TRAFFIC AND PEDESTRIAN CONTROL PLAN

 

Objective

 

To ensure that any traffic or pedestrian movement through or past the work site is safe.

 

Performance

 

The applicant is to prepare and implement a Traffic Control Plan that provides necessary direction to traffic or pedestrian movement through or past the work site.  The Traffic Control Plan is to be prepared by a suitably qualified person in accordance with the provisions of the relevant Australian Standards and is to be submitted to Council for approval PRIOR to its implementation.

 

 

29. SCALE (GENERAL)

Objective

To ensure the scale of the activity does not increase beyond the scope of this approval without the further assessment of possible impact.

Performance

This approval enables the applicant to operate at a scale as submitted in the proposal.  Any increase in the scale of the activity as submitted, will require the further approval of Council.

 

30. COMPLIANCE WITH CONDITIONS OF CONSENT

Objective

 

To ensure the development proceeds in the manner as determined by Council.

Performance

 

All conditions of this consent are to be complied with to the standards specified prior to any occupation.

 

 

31. OCCUPATION CERTIFICATE

 

Objective

 

To ensure compliance with the Environmental Planning & Assessment Act 1979.

 

Performance

 

All buildings will require an Occupation Certificate PRIOR to occupation/use of the building.

 

 


GENERAL MANAGER’S REPORT ON MATTERS FOR NOTATION SUBMITTED TO THE Ordinary Council Meeting TO BE HELD ON Tuesday 25 July, 2017

Page 1

TABLE OF CONTENTS

 

 

 

ITEM 1      RATES SUMMARY............................................................................. 48

ITEM 2      INVESTMENTS SUMMARY.............................................................. 48

ITEM 3      RESOLUTIONS REGISTER - INFOCOUNCIL - ACTIONS REPORTING    48

ITEM 4      STRATEGIC DIRECTIONS WORKSHOP - OUTCOMES............ 48

ITEM 5      COMMUNITY FACILITATION FUND............................................... 48

ITEM 6      CORRECTION TO ATTACHMENT REPORT FROM 27 JUNE 2017 "COUNCIL'S POLICY REGISTER - ADOPTION OF RELATED PARTY DISCLOSURE POLICY" ................................................................................................................. 48

ITEM 7      UNFINISHED WORKS THAT COMMENCED IN THE 2016/17 BUDGET THAT HAVE NOT BEEN COMPLETED AND THEREFORE ARE REQUIRED TO BE CARRIED FORWARD TO THE 2017/18 BUDGET. ..................... 48

ITEM 8      FIRST DATA RELEASE CENSUS 2016......................................... 48

ITEM 9      COUNCIL ASSISTANCE FOR VICTIMS OF DOMESTIC VIOLENCE 48

ITEM 10    ECONOMIC DEVELOPMENT ACTIVITIES REPORT.................. 48

ITEM 11    COUNCIL'S SPORTING GROUNDS - SKATE PARK LAND AVAILABILITY AND PROVISION OF FEMALE CHANGE ROOMS............................... 48

ITEM 12    ENGINEERING AND TECHNICAL SERVICES UPDATE REPORT   48

ITEM 13    PREPARATION OF DRAFT PLAN OF MANAGEMNET FOR COMMUNITY LAND - VILLAGE GREEN, MOLONG............................................................ 48

ITEM 14    HERITAGE ADVISOR'S REPORT................................................... 48

ITEM 15    DEVELOPMENT APPLICATIONS RECEIVED DURING JUNE 2017 48

ITEM 16    DEVELOPMENT APPLICATIONS APPROVED DURING JUNE 2017         48

ITEM 17    BURIAL STATISTICS......................................................................... 48

ITEM 18    MEDIAN PROCESSING TIMES 2017.............................................. 48  

 

ANNEXURE ITEMS

 

ANNEXURE 1.1    Rates graph 30 June 2017.......................................... 48

ANNEXURE 2.1    Investment Summary June 2017............................. 48

ANNEXURE 3.1    Traffic Light Summary............................................... 48

ANNEXURE 3.2    Council................................................................................ 48

ANNEXURE 6.1    Draft Related Party Disclosure Policy....... 48

ANNEXURE 7.1    Carried Forwards from 2016/17........................... 48

ANNEXURE 8.1    summary 2016 Census quickstats....................... 48

ANNEXURE 12.1  Engineering Report July 2017............................... 48

ANNEXURE 14.1  Heritage Advisors Report July 2017................. 48 

 


 

 

ITEM 1 - RATES SUMMARY

REPORT IN BRIEF

 

Reason For Report

Information provided in relation to Council's Rates collections.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.4.a - Level of rate of collection

Annexures

1.  Rates graph 30 June 2017    

File Number

\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\FINANCIAL REPORTING\FINANCIAL REPORTS TO COUNCIL - 853523

 

Senior Rates Officer's REPORT

 

Rate Collection Summary to 30 June 2017 is attached for Council’s information.  The percentage collected is 94.7%, which is comparable to previous years.

 

 

 

ITEM 2 - INVESTMENTS SUMMARY

REPORT IN BRIEF

 

Reason For Report

Information provided in relation to Council's Investment Schedule.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.4.b. Maximise secure income through investments

Annexures

1.  Investment Summary June 2017    

File Number

\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\FINANCIAL REPORTING\FINANCIAL REPORTS TO COUNCIL - 853844

 

Acting Finance Manager's REPORT

 

Council’s investments as at 30 June 2017 stand at a total of $46,101,549.

 

Council’s average interest rate for the month was 2.49%.   The effect of the low cash rate is having a negative impact on term deposit rates offered by financial institutions.  The Reserve Bank’s official cash rate remained steady at 1.50% during the month of June.   However, Council’s average rate is higher than Council’s benchmark rate of the 30 Day Bank Bill Swap Rate of 1.61%. 

 

Council’s investments are held with multiple Australian financial Institutions with varying credit ratings according to Council’s Investment Policy.  The annexure to this report shows a break up of each individual institution that Council invests with and its “Standard and Poor’s” Credit Rating.

 

The Schedule of Investments for June 2017 is attached for Council’s information.

 

 

ITEM 3 - RESOLUTIONS REGISTER - INFOCOUNCIL - ACTIONS REPORTING

REPORT IN BRIEF

 

Reason For Report

To provide Council with a report on progress made in actioning its resolutions up to last month's Council meeting and any committee meetings held.

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 Light Summary

2.  Council    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\RESOLUTION REGISTER - 852211

 

Acting General Manager's REPORT

 

InfoCouncil generated reports are annexed including actions up to the previous month’s meetings resolutions.

 

Progress comments are provided until the final action comment which will also show “COMPLETE”: that item will then be removed from the register once resolved by the council.

 

Attached also is the “traffic light” indicator system that enables the council to identify potential areas of concern at a glance.

 

Councillors should raise any issues directly with the directors as per the mayor’s request.

 

 

ITEM 4 - STRATEGIC DIRECTIONS WORKSHOP - OUTCOMES

REPORT IN BRIEF

 

Reason For Report

To report on the key projects identifed at the strategic direction workshop held on 11 August 2015.

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\WORKSHOPS - 852212

 

General Manager's REPORT

 

On 11 August 2015, Mr Stephen Blackadder of Blackadder & Associates, consultants, facilitated a Future Directions Forum review session with 9 councillors and the senior staff team at council chambers.

 

At its August 2015 meeting, Council resolved to receive an update report about each key project identified at the workshop for the balance of the council term unless a project is completed.

 

The key ‘projects’ identified were as follows, with advice on the status of each item outlined after each one:

 

1.   Road program

Refer to Engineering and Technical Services update report.

 

2.   Molong quarry

Lease finalised 30 June 2017 and lessee has taken over the site as at that date.  Erection of shed in progress.

 

3.   Canowindra Retirement Village

OLG have requested further information.

 

4.   Molong Library and Visitor Information Centre

As per council resolution, request has been made to State Libraries NSW for an extension to utilise the grant funds with the view that the incoming council review the project.

 

5.   Yeoval & Cumnock Sewerage Scheme

Small Towns Sewer Scheme complete

 

6.   Asset Management Plans

Asset Management plans approved at June 2016 council meeting, review currently underway.

 

7.   Review of asset holdings

Delayed due to staff resignations

 

8.   Multi-purpose sport facility

Facility has been handed-over to council.  Tenders for fencing closed 28 June 2017.  Plans underway for official opening in consultation with funding body.

 

 

ITEM 5 - COMMUNITY FACILITATION FUND

REPORT IN BRIEF

 

Reason For Report

To report on approved expenditure under the Community Facilitation Fund (CFF).

Policy Implications

Nil

Budget Implications

Within existing budget allocation

IPR Linkage

3.3.5.a. Review community need for new and upgraded facilities

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GRANTS AND SUBSIDIES\PROGRAMS\COMMUNITY FACILITATION FUND - 852213

 

General Manager's REPORT

 

Council adopted guidelines for the Community Facilitation Fund (CFF) in March 2015.  The CFF was created for smaller community projects not originally included in the council’s budget, to be allocated at the discretion of the Mayor and Deputy Mayor.

 

As a reminder, the guidelines for the CFF are as follows:

 

1.   Projects where no existing vote for the works has been allocated or the vote is insufficient to complete the project.

 

2.   Recipients must be community based not-for-profit groups.

 

3.   Mayor and Deputy Mayor to jointly approve funds (with the General Manager as proxy if one is not available).

 

4.   Allocation of funds to be reported to the next available council meeting.

 

5.   Limit of $3,000 per allocation unless other approved by council.

 

Allocation of funds made in the past month were:

 

Canowindra Historical Society

Contribution to 50th Anniversary Celebrations

$500

 

 

                  

 

ITEM 6 - CORRECTION TO ATTACHMENT REPORT FROM 27 JUNE 2017 "COUNCIL'S POLICY REGISTER - ADOPTION OF RELATED PARTY DISCLOSURE POLICY"

REPORT IN BRIEF

 

Reason For Report

To provide the relevant attachment associated with the related report.

Policy Implications

Nil

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 - 854560

 

Administration Officer's REPORT

 

At the 27 June 2017 Council meeting Council resolved to adopt the amendment to the date of disclosure to the Related Party Disclosure Policy.  It was subsequently noted that the attachment associated to the report was the incorrect version.

 

The correct attachment has been added to this report for Council’s information.

 

 

 

ITEM 7 - UNFINISHED WORKS THAT COMMENCED IN THE 2016/17 BUDGET THAT HAVE NOT BEEN COMPLETED AND THEREFORE ARE REQUIRED TO BE CARRIED FORWARD TO THE 2017/18 BUDGET.

REPORT IN BRIEF

 

Reason For Report

To advise Council that some of the works allocated to the 2016/17 Budget have not been completed and are required to be carried forward to the 2017/18 Budget

Policy Implications

No

Budget Implications

No

IPR Linkage

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

Annexures

1.  Carried Forwards from 2016/17    

File Number

\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\BUDGETING\CABONNE COUNCIL ANNUAL BUDGET - 854393

 

Senior Accounting Officer's REPORT

 

The attached List of “Carried Forward” amounts refer to works commenced in the 2016/17 year that were not completed.

 

Under Regulation 211, Council is permitted to carry forward unspent balances of jobs/works that have been commenced or contracted in the year for which they were proposed, to the following year.

 

As at the date of writing this report the cumulated balance of the works total $1,578,498, this balance may vary after the end of year has been finalised, and are fully covered by reserve transfers.

 

ITEM 8 - FIRST DATA RELEASE CENSUS 2016

REPORT IN BRIEF

 

Reason For Report

To provide an overview of Census Data for Cabonne

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

0.0.0 - Item without specific IPR action

Annexures

1.  summary 2016 Census quickstats   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNMENT RELATIONS\LOCAL AND REGIONAL LIAISON\AUSTRALIAN BUREAU OF STATISTICS - ABS - 853843

 

Community Services Manager's REPORT

 

The Australian Bureau of Statistics has released the first of the data from the 2016 Census.

 

The data available includes that for Cabonne but does not yet provide information down to a village or district level.

 

Notable characteristics for Cabonne includes the following;

 

·    The population for Cabonne is 13,386 made up of 6,692 males and 6,699 females.

 

·    There were 496 people from an Aboriginal or Torres Strait Islander background comprising 3.7% of the population with this being slightly more than the state average of 2.9% for NSW

 

·    The median age for Cabonne residents was 43 compared to the state average of 38.

 

·    The majority of people in Cabonne were Australian born. In Cabonne 86.3% of residents were Australian born compared to 65.5% for NSW.

 

·    There is an average of 2.6 people per household in Cabonne and the median weekly household income is $1,301 which is higher than the Central West median household income of $1,166 and a little below the median income for NSW of $1,486.

 

·    There is a high rate of home ownership in Cabonne compared to NSW with the other side of this being a low level of rental accommodation. This is best illustrated by the below graphs.

 

 

 

The age profile of Cabonne is distinctive with a higher proportion of older and younger people. This is largely due to an outward migration of people in their late teens for employment or education and the Cabonne population does not seem to fully recover until people reach their 40s.

 

 

 

 

The higher proportion of the Cabonne population for both children and older people will have implications for the services needed by our communities.

 

Further information is attached to this report and the raw data is available on the Australian Bureau of Statistics website http://www.censusdata.abs.gov.au/census_services/getproduct/census/2016/quickstat/LGA11400?opendocument

 

 

 

ITEM 9 - COUNCIL ASSISTANCE FOR VICTIMS OF DOMESTIC VIOLENCE

REPORT IN BRIEF

 

Reason For Report

To Council of options available for assisting victims of domestic violence

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\GOVERNMENT RELATIONS\LOCAL AND REGIONAL LIAISON\GWAHS,LHD now PHN - PRIMARY HEALTH NETWORK - 763066

 

Community Services Manager's REPORT

 

Domestic Violence is a serious problem in every community and the Australian Local Government Women’s Association has been pressing Councils to take a proactive stance in dealing with victims of family violence.

 

The Consumer Utilities Advocacy Centre cites National statistics indicate that one in three Australian women will experience family violence in their lifetime, and it is estimated that economic abuse occurs in at least 50 per cent of family violence cases. That means roughly two million women in Australia are victims of family violence and economic abuse.

 

The two areas in which Council is likely to interact with victims of domestic violence are;

 

·    Employees who may be experiencing domestic violence and need time off to deal with legal and practical matters.

 

·    Council customers who may be experiencing difficulty in paying accounts due to economic abuse or marital breakdown because of domestic violence.

 

The new Local Government State Award came into effect on the 1 July 2017 and under section L. SPECIAL LEAVE

(i)         The  employer  may  grant  special  leave,  either  with  pay  or  without  pay,  to an employee  for  a  period  as  determined   by   the  employer  to  cover   any  specific matter approved by the employer, including but not limited to:

(a) leave for victims of family and domestic violence;

 

In accordance with the award, Council will deal compassionately with any requests from employees requiring leave because of Domestic Violence.

 

For Council customers two commonly experienced domestic violence outcomes may include:

 

·    Victims incurring utility and other debts incurred by their abusive partner (or both of them jointly) during and after the relationship and

 

·    Victims with their own debts, but because of the crippling nature of domestic violence and economic abuse, they are unable to pay their bills.

 

In these circumstances, it is appropriate for Council to include these people in current arrangements extended to people in financial distress.

 

Current practice is to report these matters to a closed Council meeting and where appropriate to negotiate an agreement extending the time available for people to pay rates and other accounts and considering writing off the interest charges on overdue accounts in circumstances where people have made and kept an arrangement to pay.

 

ITEM 10 - ECONOMIC DEVELOPMENT ACTIVITIES REPORT

REPORT IN BRIEF

 

Reason For Report

Updating councillors on economic development activities undertaken by Council's Economic Development and Tourism team

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

2.1.1.a. Develop a current economic development plan for Cabonne

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\ECONOMIC DEVELOPMENT\REPORTING\COUNCIL REPORTS - 854406

 

Acting Economic Development Manager's REPORT

 

Activities undertaken by the Acting Economic Development Manager and Tourism and Community Development Coordinator are listed below.

 

Projects and Programs

 

Cabonne Country Tourism Advisory Committee (CCTAC)

TP Action 1.2.2

 

The bi-monthly CCTAC meeting was held on Tuesday 27 June 2017 as scheduled at the Council Chambers in Molong. There were three apologies, Tony Moody, Cheryl Newsom and Jan Kerr.

 

Libby Oldham advised the Committee members of her intention to officially resign as a CCTAC member as she intends to stand in the upcoming Local Government elections to be held in September and therefore wishes to concentrate her efforts is this area and the arts. The committee effectively now has seven active members that meet the CCTAC charter of a minimum of seven members.

 

The main tourism issues discussed included Molong becoming a Motor Bike Friendly town. The committee felt that this is an opportunity that could expand to include all villages in Cabonne. At this stage, the committee are currently exploring all options and potential opportunities relevant to this tourism issue.

 

Clr Davison updated the committee on the development and status of the new Orange Regional tourism entity and Council projects and directions.  

 

 

 

What’s On In Cabonne Newsletter

TP Action 2.1.1, 3.1.2

 

The Cabonne ‘What’s On’ newsletter for July promoted 19 events and activities. The significant events included Borrodell Truffle Hunt, Amusu Theatre screenings and various Christmas in July events, Eugowra Fair plus the various village markets, gallery, museums, art exhibitions and music events held throughout the month.

 

The What’s On newsletter was distributed via email to regional Visitors Centres, Cabonne tourism operators, accommodation providers, schools, progress associations, community groups and regional and local media. The newsletter is loaded on the Cabonne Council and Cabonne Country websites and Facebook pages, with 350 hard copies distributed throughout the Cabonne shire villages.

 

Cabonne Country Website

TP Action 3.1.2, 3.4.2, 3.5.2

 

Statistics collected from the Cabonne Country website indicate the following tourism trends:

 

Month

Activity

2015

2016

2017

January

Visits

8,971

10,457

39,097

Hits

83,274

123,475

392,053

February

Visits

7,813

7,846

39,285

Hits

88,736

73,042

150,047

March

Visits

7,937

6,259

69,361

Hits

80,202

113,645

227,938

April

Visits

8,313

7,132

65,767

Hits

88,480

100,572

223,558

May

Visits

7,293

6,567

64,327

Hits

91,554

105,668

207,622

June

Visits

6,757

7,966

61,156

Hits

96,266

133,625

226,287

July

Visits

7,489

8,007

 

Hits

109,530

190,403

 

August

Visits

7,889

7,687

 

Hits

129,623

229,557

 

September

Visits

7,024

7,816

 

Hits

84,260

178,115

 

October

Visits

7,933

9,554

 

Hits

139,823

371,346

 

November

Visits

7887

12,853

 

Hits

124,306

402,807

 

December

Visits

7,211

18,696

 

Hits

109,865

484,766

 

Year Total

Total Visits

 92,517

103,153

338,993

Total Hits

1,137,183

2,402,115

1,427,505

 

Caravanning Developments

 

The dump point ordered and planned for installation at the Yeoval Showground is still waiting for Development Application approval.

 

Meetings

 

7 June 2017       CENTROC Matrix 

8 June 2017      Heifer Station TASAC Signposting assessment

15 June 2017     Tourism Transition Organisation Sub – Committee Orange

5 July 2017         CENTROC Tourism Managers Blayney

13 July                 Adloyalty – End of Term Report

 

Advertising / Magazines

TP Action 3.1.2

 

Tourism-related editorial and or advertisements placed in the following printed media:

 

a.   Discover Central NSW Magazine

b.   IMAG on the webpage

c.   Canowindra News.

d.   Caravanning Australia

e.   Central Lifestyle Magazine

f.    Orange Wine Week Program October 2017

g.   ANFD Program

h.   Dubbo & surrounds Cartoscope Map

 

Upcoming Events

 

Upcoming events in the Cabonne LGA include:

 

a.   Manildra Show 2 September

b.   Cudal Show 10 September

c.   Eugowra Show 15 &16 September

d.   Molong Show 17 September

e.   Canowindra Show 22 & 23 September

f.    Sydney Wine Festival, Rosehill Racecourse 14 & 15 October (NSW wines only)

g.   Orange Wine Festival 13 - 22 October

h.   Baroque Festival Canowindra

i.    Wine Heroes, Barangaroo 27 -  29 October

j.    Wahroonga Food and Wine Festival 29 October

k.   Australian National Field Days 26 - 28 October

l.    Canowindra Blue Moon Festival 4 November

m.  Canowindra Domestic Violence White Ribbon March  24 November

n.   Taste@Barangaroo 26 November

 

 

 

 

 

Community Group Development

EDS Objective 9.4

 

The ED&T Team has administered the following enquires and/or met with:

 

a.          Age of Fishes Museum – ongoing support

b.          Central NSW Tourism

c.          Brand Orange

d.          TASAC

e.          Campervan & Motorhome Club of Australia –RV Friendly Towns.

f.           Orange Regional Viticulture Organisation

g.          Borrodell Vineyard

h.          Eugowra Progress Association

i.           TDO Tourist Transition Board

j.           Molong Real Estate

k.          MAG Molong liaison

l.           Cumnock Progress Association

m.         Yeoval Progress Association

 

 

Business Inquiries & Development

EDS Objective 10.7, 9.2

 

Council has administered the following enquires and/or met with:

 

a.   Brand Orange.

b.   CENTROC.

c.   Orange City Council.

d.   Blayney Council.

e.   NSW State Masters Road Championship.

f.    Adloyalty

g.   Orange Wine Region.

h.   BEC Orange.

i.    Dubbo Regional Council

j.    Age of Fishes Museum.

k.   Yeoval Progress Association.

l.    Central NSW Tourism.

m.  Orange Tri-Athlete Association

n.   Leukaemia Foundation - Light the Night November  

 

 

 

ITEM 11 - COUNCIL'S SPORTING GROUNDS - SKATE PARK LAND AVAILABILITY AND PROVISION OF FEMALE CHANGE ROOMS

REPORT IN BRIEF

 

Reason For Report

Councils report from May 2017 Council meeting "Questions for next meeting".

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

3.3.3.d - Maintain playgrounds to safe operational standards

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\COUNCIL PROPERTIES\MAINTENANCE\SPORTING FACILITIES - 854409

 

Acting Director of Engineering & Technical Services' REPORT

At Council’s May 2017 meeting, a report was requested on availability of land for skate parks at Cudal, Cumnock and Yeoval and establishment of female change rooms at all Council sporting fields.

Council has investigated locations in Cudal, Cumnock and Yeoval that would be suitable for the installation of a skate park.  The most appropriate sites that would accommodate such a facility would be at the sportsgrounds in the respective villages. This would be in line with the skate parks located in Molong and Canowindra.  Dependent on the design and configurations of the skate parks, the sportsgrounds have adequate space and are serviced with other utilities if required such as water, sewer and electricity.

Council currently has unisex change rooms at each sporting ground.   In order to provide separate change room facilities, it would be necessary to construct new structures at each location. Inspections of the current facilities have indicated that the change rooms could not be effectively or economically reconfigured to provide separate change rooms.

 

ITEM 12 - ENGINEERING AND TECHNICAL SERVICES UPDATE REPORT

REPORT IN BRIEF

 

Reason For Report

To update council on works progress in the Engineering and Technical Services Department.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

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

Annexures

1.  Engineering Report July 2017    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\REPORTING\ENGINEERING AND TECHNICAL SERVICES REPORTING - 854722

 

Acting Director of Engineering & Technical Services' REPORT

 

Please find attached to this report an update of the 2016/17 works in the Engineering and Technical Services department. 

 

ITEM 13 - PREPARATION OF DRAFT PLAN OF MANAGEMNET FOR COMMUNITY LAND - VILLAGE GREEN, MOLONG

REPORT IN BRIEF

 

Reason For Report

To provide information to council on the preparation of the Plan of Management

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.3.1.d - Ensure Council owned development complies with Heritage conservation

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\PARKS AND RESERVES\PLANNING\PLANS OF MANAGEMENT - 855433

 

Director of Environmental Services' REPORT

 

Community land must be managed according to the provisions of the NSW Local Government Act 1993 and the NSW Local Government (General) Regulation, 2005. The Local Government Act requires all council owned land to be classified as either Operational or Community land. Community land is defines as land that must be retained for the use of the general community and cannot be sold. Community land is required to be managed in accordance with a Plan of Management and any other laws regulating the use of that land.

 

The land located on the north west corner of Bank and Gidley streets, Molong, known as the Village Green, was acquired by council in the mid 1970s. The purpose of the space was for the establishment of a village green for the use and enjoyment of the broader community. Over time the site has attracted a range of monuments, memorials and street furniture, that individually responded to a purpose – but collectively has fragmented the intended us of the land.

 

A Plan of Management has been drafted to address legal requirements for the management of the site, and to enable community engagement to ensure the future use of the space satisfies the broader community aims.  The Plan of Management once adopted by council will provide a key framework to identify the values of the land, the proposed use of the space, its care and maintenance and assist in council’s delivery of services by way of adequate  performance monitoring and budget allocation.

 

To  enable the community land to operate successfully as a ‘Village Green’ the draft plan recommends retention of key vistas and views to and from the adjacent coach house and stone walls. It will also seek the retention of a wide, open lawn to ensure the Village Green can function as an area of passive open space. The strategy will also suggest the removal / relocation of intrusive landscape elements that complicate the useful function of that space.

 

Council’s endorsement is sought to enable the public exhibition of the draft plan of management. The document will be placed upon public exhibition for a period of 28 days, with public comment sought from members of the community and interest groups. Following the public consultation phase a detailed report will be presented to council for its considerations of any submissions prior to the adoption of the Plan of Management.

 

 

ITEM 14 - HERITAGE ADVISOR'S REPORT

REPORT IN BRIEF

 

Reason For Report

Providing councillors with a copy of the Heritage Advisor's report.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.3.2.b - Heritage advisory service provided

Annexures

1.  Heritage Advisors Report July 2017   

File Number

\OFFICIAL RECORDS LIBRARY\DEVELOPMENT AND BUILDING CONTROLS\REPORTS\HERITAGE - 854329

 

Director of Environmental Services' REPORT

 

A copy of the Heritage Advisor’s Report for July 2017 is attached for the information of the council.

 

 

 

ITEM 15 - DEVELOPMENT APPLICATIONS RECEIVED DURING JUNE 2017

REPORT IN BRIEF

 

Reason For Report

Details of development applications received during the preceding month.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.3.a. Provide efficient and effective development assessment

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\DEVELOPMENT AND BUILDING CONTROLS\BUILDING AND DEVELOPMENT APPLICATIONS\REPORTING - DEVELOPMENT APPLICATIONS TO COUNCIL - 853035

 

Director of Environmental Services' REPORT

 

The following Development Applications have been received during the period 01/06/2017 to 30/06/2017 as detailed below.

 

SUMMARY OF DEVELOPMENT APPLICATIONS RECEIVED

 

TYPE

ESTIMATED VALUE

Section 68 Only x 5

$----

Modification to Establish Winery/Laboratory and Ancillary Dwelling plus 3 Lot Subdivision

$----

Modification to 2 Lot Subdivision

$----

Modification to Subdivision

$----

Installation of Lighting for the Sports Field

$120,000

Storage Shed

$10,500

Restoration Works

$29,150

Glass Enclosure

$16,000

Use of Existing Shed

$15,000

Dwelling

$265,000

Storage Shed

$9,800

Dwelling with attached Storage Shed

$150,000

Demolition of Existing Dwelling & Erection of New Dwelling

$265,000

Storage Shed

$15,000

Alterations & Additions to Existing Dwelling

$200,000

Depot

$25,000

Demolition & Refurbishment of Existing Building

$65,000

Detached Garage

$8,000

Rural Fire Station – Cat 2B

$240,000

Patio Cover

$8,800

Dwelling

$363,122

Additions to Existing Fire Shed

$50,000

Dwelling

$300,000

TOTAL: 27

$2,155,372

 

 

SUMMARY OF COMPLYING DEVELOPMENT APPLICATIONS RECEIVED

 

TYPE

ESTIMATED VALUE

TOTAL: 0

$0

GRAND TOTAL: 27

$2,155,372

 

 

ITEM 16 - DEVELOPMENT APPLICATIONS APPROVED DURING JUNE 2017

REPORT IN BRIEF

 

Reason For Report

Details of development applications approved during the preceding month.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.3.a. Provide efficient and effective development assessment

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\DEVELOPMENT AND BUILDING CONTROLS\BUILDING AND DEVELOPMENT APPLICATIONS\REPORTING - DEVELOPMENT APPLICATIONS TO COUNCIL - 853054

 

Director of Environmental Services' REPORT

 

The following Development Applications have been approved during the period 01/06/2017 to 30/06/2017 as detailed below.

         

SUMMARY OF APPROVED DEVELOPMENT APPLICATIONS

 

TYPE

ESTIMATED VALUE

Section 68 Only x 4

$-----

Modification – Wood Fired Pizza Shop (change of hours and days)

$-----

Alterations & Additions to Existing Hotel

$100,000

Install Above Ground Fuel Tank & Remove Existing UPSS

$61,000

Dwelling

$716,000

Storage Shed

$13,000

Storage Shed

$9,000

Storage Shed

$55,133

Storage Shed

$42,500

Storage Shed

$9,800

Alterations & Additions to Existing Dwelling

$47,600

Rural Fire Shed

$240,000

Manufactured Home

$180,000

70,000 Bird Free Range Egg Facility

$1,900,000

Dwelling with detached Shed

$214,000

TOTAL: 18

$3,588,033

 

 

 

SUMMARY OF APPROVED COMPLYING DEVELOPMENT APPLICATIONS

                                            

TYPE

ESTIMATED VALUE

TOTAL: 0

$0

 

GRAND TOTAL: 18

$3,588,033

Previous Month: 32

$1,981,780

 

 

ITEM 17 - BURIAL STATISTICS

REPORT IN BRIEF

 

Reason For Report

To provide information on burial statistics.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

3.3.1.a - Maintain cemeteries in accordance with community requirements

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\PUBLIC HEALTH\CEMETERIES\REPORTING -  BURIAL STATISTICS - 853300

 

Director of Environmental Services' REPORT

 

YEAR

NO OF BURIALS

2006/07

59

2007/08

62

2008/09

57

2009/10

65

2010/11

40

2011/12

54

2012/13

54

2013/14

80

2014/15

66

2015/16

64

July

1

August

4

September

6

October

4

November

3

December

4

January

4

February

2

March

4

April

4

May

2

June

3

Total

41

 

 

ITEM 18 - MEDIAN PROCESSING TIMES 2017

REPORT IN BRIEF

 

Reason For Report

To provide information on median processing times.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

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

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\DEVELOPMENT AND BUILDING CONTROLS\BUILDING AND DEVELOPMENT APPLICATIONS\REPORTING - DEVELOPMENT APPLICATIONS TO COUNCIL - 853304

 

Director of Environmental Services' REPORT

 

Summary of median Application Processing Times over the last five years for the month of June:

 

YEAR

MEDIAN ACTUAL DAYS

2012

36

2013

21.5

2014

13

2015

46

2016

32

 

Summary of median Application Processing Times for 2017:

 

MONTH

MEDIAN ACTUAL DAYS

January

33

February

36

March

33.5

April

35

May

43

June

35

July

 

August

 

September

 

October

 

November

 

December

 

  


Item 1 Ordinary Meeting 25 July 2017

Item 1 - Annexure 1

 

PDF Creator


Item 2 Ordinary Meeting 25 July 2017

Item 2 - Annexure 1

 

PDF Creator


 

PDF Creator


Item 3 Ordinary Meeting 25 July 2017

Item 3 - Annexure 1

 

PDF Creator


Item 3 Ordinary Meeting 25 July 2017

Item 3 - Annexure 2

 

 

Meeting

Officer/Director

Section

Subject

Ordinary Meeting 17 September 2013

Sharlea Kenney

For Determination

PURCHASE OF STATE RAIL OWNED LAND FOR NASHDALE RAIL OVERBRIDGE

 

Michael Ryan

 

 

MOTION (MacSmith/Wilcox)

THAT Council:

1.             Compensate the owners of Lot 2 DP 109486 the sum of $2,000 for the acquisition of the subject land;

2.             Pay all legal, survey, production and plan lodgement costs associated with the purchase of the land;

3.             Affix the common seal to the documents associated with the purchase of the land; and

4.             Classify the land as operational.

 

12 Jul 2017 - 9:59 AM - Sharlea Kenney

With JHR for contracts to be drawn up

16 Jun 2017 - 12:58 PM - Sharlea Kenney

email sent to LPI asking for update

10 May 2017 - 4:03 PM - Sharlea Kenney

Email sent for update status

12 Apr 2017 - 2:23 PM - Sharlea Kenney

Still with LPI and when JHR receive information from them they will get back to Council's solicitor.

17 Mar 2017 - 10:16 AM - Jolene Pearson

With LPI and when JHR receive information from them they will get back to Council's solicitor.

07 Dec 2016 - 10:38 AM - Sharlea Kenney

Waiting for messenger and messenger to send invoice to council for payment

01 Nov 2016 - 3:48 PM - Sharlea Kenney

Still in 6 week settlement and with solicitors

15 Sep 2016 - 11:41 AM - Jolene Pearson

Have contract of sale for Nashdale overpass Bridge. Council has signed it and handed to solicitors. Deposit not yet paid, awaiting advise from solicitors before paying that.

09 May 2016 - 1:48 PM - Sharlea Kenney

Still with JHR they said they needed to confirm the area (which has been done on multiple occasions) and also said they needed a subdivision. I gave them the area again they said they need a subdivision certificate (ended up getting Council’s surveyor to email them telling them they don’t need a subdivision for an acquisition done in that manner). Now they have said they will continue processing.

11 Mar 2016 - 9:45 AM - Sharlea Kenney

still no further update

15 Jan 2016 - 12:57 PM - Sharlea Kenney

Last correspondence was on 11/11/15, JHR wanted confirmation of how much land was being acquired as their solicitor was unsure and could not proceed with organising sale. I advised on the 11/11 of the land required by Council and sent through another copy of plans. Have sent JHR correspondence asking for update.


11 Nov 2015 - 10:35 AM - Sharlea Kenney

still waiting on JHR - design staff liaising with JHR

08 Sep 2015 - 4:25 PM - Sharlea Kenney

reply from Jacob Evans - Have responded to Rail advising that we had accepted their pricing offer and we are awaiting on them to draw up contracts of sale.

23 Jul 2015 - 12:17 PM - Sharlea Kenney

Still with JH awaiting contracts to be signed

04 Jun 2015 - 3:04 PM - Sharlea Kenney

Jacob Evans comment - Have responded to Rail advising that we had accepted their pricing offer and we are awaiting on them to draw up contracts of sale.

02 Apr 2015 - 3:49 PM - Sharlea Kenney

1.                Have replied to JHR rail and accepted offer. Awaiting them to draw up sale contracts and I need to try to double check that the subdivision has been finalised and ready for the sale

06 Feb 2015 - 9:49 AM - Sharlea Kenney

paperwork has been recieved.  Currently in the process of getting this finalised and sent to solicitors

06 Jan 2015 - 3:57 PM - Sharlea Kenney

Property Officer for JHR has contacted me and is chasing these documents up.

01 Dec 2014 - 3:02 PM - Sharlea Kenney

have asked for an update from John Holland....no response

09 Oct 2014 - 11:19 AM - Sharlea Kenney

Action reassigned to Sharlea Kenney by: Sharlea Kenney

02 Jul 2014 - 10:36 AM - Kristi Whiteman

Response to email sent 2/07/2014 - Documents with Transport NSW, John Holland following up on the progress.

02 Apr 2014 - 12:58 PM - Jason Theakstone

another email sent today requesting update

07 Mar 2014 - 3:36 PM - Jason Theakstone

emial sent 7/3/14 requesting update on progress of application

07 Mar 2014 - 10:37 AM - Jason Theakstone

AWAITING JOHN HOLLOND RAIL

05 Nov 2013 - 3:54 PM - Jason Theakstone

in progress awaiting JHR

17 Oct 2013 - 3:29 PM - Jason Theakstone

Application submitted to JHR. awaiting advice from JHR

Meeting

Officer/Director

Section

Subject

Ordinary Meeting 17 September 2013

Sharlea Kenney

Confidential Items

PURCHASE OF UNIDENTIFIED RAILWAY LAND NORTH OF LOT 1 DP 745958 MOLONG

 

Michael Ryan

 

 

Recommendation (Wilcox/Culverson)

THAT Council:

1.             Proceed with the subdivision and purchase of the unidentified railway land north of Lot 1 DP 745958, Molong.

2.             Affix the seal of Council to the subdivision and acquisition documents.

3.             Classify the land as operational.

 

12 Jul 2017 - 9:59 AM - Sharlea Kenney

With JHR

16 Jun 2017 - 12:58 PM - Sharlea Kenney

Email sent to solicitors again for update

10 May 2017 - 4:02 PM - Sharlea Kenney

Email sent to solicitors on status

12 Apr 2017 - 2:24 PM - Sharlea Kenney

Still currently with solicitors to draw up transfer paperwork.

08 Mar 2017 - 11:49 AM - Sharlea Kenney

Currently with solicitors to draw up transfer paperwork.

07 Dec 2016 - 10:39 AM - Sharlea Kenney

survey completed
JHR have said they endorsed plan just waiting for council to receive

02 Nov 2016 - 11:25 AM - Sharlea Kenney

survey has been completed and information sent to Enviro for information as JHR wanting to get land subdivided. 
Awaiting on information

15 Sep 2016 - 11:51 AM - Sharlea Kenney

Quote accepted waiting for correspondence from contractor - Matt Forsyth

09 May 2016 - 1:49 PM - Sharlea Kenney

They advised that they now need a subdivision to be completed. Subdivision will be needed to finalise this one so I have sent this job to 3 surveyors for quotes. Have only received one quote so far. Will await to receive the remaining quotes

11 Mar 2016 - 9:46 AM - Sharlea Kenney

investigations still happening

15 Jan 2016 - 12:55 PM - Sharlea Kenney

John Holland asked for Council to supply 149 Certificate and provide sewer diagrams late last year. 149 Certificate asked to be supplied by Environmental Services.
Environmental Services have advised that further investigations need to be done before supplied with 149.

11 Nov 2015 - 10:36 AM - Sharlea Kenney

still waiting on JHR - design staff liaising with JHR

08 Sep 2015 - 4:24 PM - Sharlea Kenney

Reply from Jacob Evans - Still haven't heard from John Holland Rail at all regarding this or the one below. I have literally just emailed them again this morning so awaiting a response but they haven't sent anything through at this stage.

23 Jul 2015 - 12:18 PM - Sharlea Kenney

Still awaiting approval from NSW Government properties for Rail to sell land directly to Council

04 Jun 2015 - 2:54 PM - Sharlea Kenney

Jacob Evan comment - Last correspondence from Rail was that they are still awaiting approval from Government Properties NSW to be able to sell land direct to Council.

02 Apr 2015 - 3:50 PM - Sharlea Kenney

2.                Have contacted JHR regarding this matter and its still with Transport NSW so waiting on them. I was advised that JHR will follow them up to try to get a result.

06 Feb 2015 - 9:39 AM - Sharlea Kenney

have received confirmation from JHR to purchase.  In the process now of doing all the paperwork and sending to solicitors.

06 Jan 2015 - 3:57 PM - Sharlea Kenney

Property Officer from JHR has contacted me and is chasing the documentation up

01 Dec 2014 - 3:03 PM - Sharlea Kenney

have asked for an update from John Holland....no response

09 Oct 2014 - 11:20 AM - Sharlea Kenney

Action reassigned to Sharlea Kenney by: Sharlea Kenney

02 Jul 2014 - 10:40 AM - Kristi Whiteman

Response to email sent 2/07/2014 - Documents with Transport NSW, John Holland following up on the progress.

02 Apr 2014 - 12:58 PM - Jason Theakstone

email sent today requesting update

07 Mar 2014 - 10:37 AM - Jason Theakstone

AWAITING JOHN HOLLAND RAIL

05 Nov 2013 - 3:55 PM - Jason Theakstone

Awaiting JHR

17 Oct 2013 - 3:30 PM - Jason Theakstone

Application sent to JHR. Awaiting advice

Meeting

Officer/Director

Section

Subject

Ordinary Meeting 17 September 2013

Victoria Priest

Confidential Items

PURCHASE OF UNIDENTIFIED RAILWAY LAND NORTH OF LOT 1 DP 745958 MOLONG

 

Steve Harding

 

 

Recommendation (Wilcox/Culverson)

THAT Council:

1.             Proceed with the subdivision and purchase of the unidentified railway land north of Lot 1 DP 745958, Molong.

2.             Affix the seal of Council to the subdivision and acquisition documents.

3.             Classify the land as operational.

 

15 Jun 2017 - 12:22 PM - Victoria Priest

Awaiting documents to apply seal

11 May 2017 - 2:06 PM - Victoria Priest

Awaiting documents to apply seal

16 Mar 2017 - 3:13 PM - Victoria Priest

Noted comments from DETS PA that Currently with solicitors to draw up transfer paperwork. - Awaiting documents to apply seal

09 Feb 2017 - 10:05 AM - Victoria Priest

Awaiting Documents to apply seal

09 Dec 2016 - 12:15 PM - Victoria Priest

Awaiting Documents to apply seal

02 Nov 2016 - 2:53 PM - Victoria Priest

Noted comments from DETS PA - awaiting documents to apply seal

24 Aug 2016 - 4:27 PM - Victoria Priest

Spoken with DETS PA - no further updates as yet - still awaiting documents to apply seal

04 Jul 2016 - 12:20 PM - Victoria Priest

noted comments from DETS PA from May 2016
Awaiting documents to apply seal

28 Apr 2016 - 4:40 PM - Victoria Priest

Noted comment from DETS PA from 11/3/16 - awaiting documents to apply seal.

10 Mar 2016 - 9:43 AM - Victoria Priest

Noted DETS PA comment from January 2016.
Awaiting Documents to apply seal.

20 Jan 2016 - 2:32 PM - Victoria Priest

Noted that Environmental Services have advised that further investigations need to be done before supplied with 149 to JHR.  Awaiting documents.

12 Nov 2015 - 9:16 AM - Anna Sutton

DETSPA wrote in InfoCouncil;still waiting on JHR - design staff liaising with JHR.

11 Nov 2015 - 2:23 PM - Victoria Priest

Action reassigned to Victoria Priest by: Gerard Aguila

08 Sep 2015 - 9:44 AM - Anna Sutton

Awaiting documents

04 Aug 2015 - 4:05 PM - Anna Sutton

Awaiting documents

15 Jul 2015 - 3:36 PM - Anna Sutton

awaiting documents

04 Jun 2015 - 3:54 PM - Anna Sutton

GIS Officer comment ;  last correspondence from Rail was that they are still awaiting approval from Government Properties NSW to be able to sell land direct to Council.

12 May 2015 - 9:33 AM - Anna Sutton

Awaiting documents

09 Feb 2015 - 12:00 PM - Anna Sutton

Ememo sent to the Director asking for an update.

02 Feb 2015 - 1:47 PM - Anna Sutton

Awaiting documents for the seal to be completed.

06 Jan 2015 - 9:43 AM - Anna Sutton

Awaiting documents

12 Nov 2014 - 11:26 AM - Anna Sutton

Awaiting documents.

15 Sep 2014 - 4:06 PM - Anna Sutton

DM advised this requires Ministerial approval and will go on for a few years.

09 Jul 2014 - 12:26 PM - Anna Sutton

DM advised - Response to email sent 2/07/2014 - Documents with Transport NSW, John Holland following up on the progress

14 May 2014 - 3:02 PM - Anna Sutton

14/5/14  - DM advised is in progress, the DM has chased this document up several times with John Holland Rail.  Awaiting to hear a response.

03 Feb 2014 - 12:10 PM - Anna Sutton

Please see notes from above from Ashleigh re this process could take years.

22 Jan 2014 - 12:54 PM - Victoria Priest

Action reassigned to Anna Sutton by: Gerry Aguila

25 Nov 2013 - 12:42 PM - Victoria Priest

Action reassigned to Gerry Aguila by: Gerry Aguila

11 Oct 2013 - 11:34 AM - Ashleigh Hobbs

Message from the DM 11/10/13 - The railway purchase of lands is going to take years.

23 Sep 2013 - 11:43 AM - Ashleigh Hobbs

Common seal

Meeting

Officer/Director

Section

Subject

Extraordinary Meeting 10 June 2014

Gerard Aguila

Confidential Items

CANOWINDRA INDUSTRIAL LAND

 

Steve Harding

 

 

RECOMMENDATION (Durkin/Walker)

 

THAT:

 

1.      Council authorise the General Manager to negotiate a settlement in accordance with the terms outlined in the proceedings in brief.

 

2.      The purchaser be responsible for their legal fees in relation to the sale.

 

3.      A deed of release be required from Mr Wythes as part of the settlement.

 

11 Jul 2017 - 4:19 PM - Victoria Priest

At the CMT meeting 17/11/16 it was agreed that no further action will be taken until 17/11/17 - awating until time has lapsed or property is registered.

08 May 2017 - 10:30 AM - Gerard Aguila

waiting on timeframe to lapse

14 Mar 2017 - 1:26 PM - Gerard Aguila

waiting on timeframe to lapse

13 Feb 2017 - 10:51 AM - Gerard Aguila

Matter was not finalised as purchaser refuses to finalise Transfer.  Matter referred to CMT (November 2016 meeting) which determined matter be deferred for 12 months.

17 Jan 2017 - 10:38 AM - Victoria Priest

Reopened at AM Request - Sale of land not complete

30 Apr 2015 - 3:17 PM - Gerard Aguila

Action completed by: Kristi Whiteman
28-04-2015

14 Apr 2015 - 10:04 AM - Gerard Aguila

Docs signed and Seal affixed. COMPLETE

31 Mar 2015 - 2:15 PM - Gerard Aguila

Solicitor asked to provide progress update.

22 Jan 2015 - 4:40 PM - Gerard Aguila

Covenant also being prepared as per Confidential PIBs

15 Jan 2015 - 9:50 AM - Gerard Aguila

Final wording on Deed being finalised following request by other side for change.

01 Dec 2014 - 2:25 PM - Gerard Aguila

Further request for update sent to solicitor

07 Oct 2014 - 10:29 AM - Gerard Aguila

Request for progress update sent to Solicitor:  waiting on other side to sign documents.  Doc Id 586668 refers

16 Sep 2014 - 8:09 AM - Gerard Aguila

Solicitor advised re GST situation.

28 Aug 2014 - 8:10 AM - Gerard Aguila

22/8/14 - Draft Deed from Solicitor provided to DFCS to check

19 Aug 2014 - 9:25 AM - Gerard Aguila

Solicitor proceeding with Sale and Deed preparation

24 Jul 2014 - 8:48 AM - Gerard Aguila

Matter referred to Solicitor - doc id 569800 refers

24 Jul 2014 - 8:47 AM - Gerard Aguila

Action reassigned to Gerry Aguila by: Gerry Aguila

24 Jul 2014 - 8:46 AM - Gerard Aguila

Sale negotiated.  Reassigned to Admin Mgr to finalise sale and Deed.

Meeting

Officer/Director

Section

Subject

Coordination Taskforce Meeting 01 December 2014

David Kidd

For Determination

Replacement of WHS Committee with Health and Safety Representatives.

 

Steve Harding

 

 

Recommendation

 

THAT the report be noted.

 

13 Jan 2016 - 1:41 PM - David Kidd

The H&S reps have met and had a guest speaker, David Young from Safework NSW. They know and understand their roles and at this time no issues have been raised.
COMPLETED

12 Aug 2015 - 9:14 AM - David Kidd

H&S Reps met and decided that they would meet 4 times each year on specified dates.

11 Jun 2015 - 9:34 AM - David Kidd

HSR meeting set down for 17 June 2015

27 Mar 2015 - 3:19 PM - David Kidd

HSR's have been trained. Leon Sutherland withdrew. Enviro Services require a HSR - need nomination or volunteer. Meeting with HSR's being arranged for mid April.

27 Jan 2015 - 12:34 PM - David Kidd

Six staff members have been identified to represent the workplaces across Cabonne; these are;
1. Office - Sharlea Kenney
2. Town Manintenance - Wayne Wilson
3, Roads and Bridges - David Livingstone
4. Water and Sewer - Rodney Chown
5. Depots and Workshops - Steven Pearson
6. Environmental Services - Leon Sutherland

Training (a 5 day WorkCover approved course) is being provided by Midd West Risk Management P/L in Orange for 10-11/2/2015 and 17-19/2/2015.

Once trained, a schedule of duties and meetings will be determined so that the H&S reps can have input into Council's WHS activities.

Meeting

Officer/Director

Section

Subject

Coordination Taskforce Meeting 22 July 2015

David Kidd

For Determination

Project 011 - Enterprise Risk Management

 

Steve Harding

 

 

Recommendation

 

THAT:

 

1.      Taskforce members identify strategic and operational risk issues.

 

2.      Trained staff add identified risks to the Risk Register, update and review those risks for which they are responsible.

 

15 Mar 2017 - 2:55 PM - David Kidd

Draft Directorate RM Plans and there introduction is an objective of the 2017-18 RMAP.

08 Nov 2016 - 3:53 PM - David Kidd

Awaiting review of ER Directorate Management Plans by DES, A/DETS, A/DFCS and A/GM.

09 Aug 2016 - 2:38 PM - David Kidd

Draft Directorate RM plans emailed to Directors for comment.

12 Jul 2016 - 10:58 AM - David Kidd

Draft Directorate Risk Management Plans have been received from consultant in Draft form. They will be given to Directors for review by 15/7/2016.

22 Jun 2016 - 2:06 PM - David Kidd

Draft Procedure for Risk Assessments on Reports to Council have been developed and awaiting approval by DFCS & GM. Once approved, training will be required to ensure consistency in adding risk assessment details to report.

04 Apr 2016 - 4:49 PM - David Kidd

RM documents (Framework and Staretgy have been included into the staff appraisal system so that RM becomes a very relevant item in all appraisals.

13 Jan 2016 - 1:46 PM - David Kidd

RM Strategy approved by CMT. Each Direcotrate will develop a RM Plan.

12 Aug 2015 - 9:17 AM - David Kidd

Cabonne Strategic RM Strategy being developed. Will be reported to next CMT meeting.

Meeting

Officer/Director

Section

Subject

Coordination Taskforce Meeting 22 July 2015

Michael Ryan

For Determination

PROJECT 014 - FLEET UTILISATION

 

Michael Ryan

 

 

Recommendation

 

A further report be provided to the next meeting.

 

11 Nov 2015 - 10:38 AM - Sharlea Kenney

COMPLETE
discussions held

08 Sep 2015 - 4:29 PM - Sharlea Kenney

report to next CMT

Meeting

Officer/Director

Section

Subject

Coordination Taskforce Meeting 22 July 2015

Heather Nicholls

For Determination

FIT FOR THE FUTURE - COUNCIL IMPROVEMENT PLAN

 

Heather Nicholls

 

 

Recommendation

 

THAT Managers familiarise themselves with the content of Council’s Improvement Plan, particularly in relation to items that affect their sections.

 

30 Jul 2015 - 4:50 PM - Heather Nicholls

noted COMPLETE

Meeting

Officer/Director

Section

Subject

Coordination Taskforce Meeting 22 July 2015

Michael Ryan

For Determination

FIT FOR THE FUTURE - COUNCIL IMPROVEMENT PLAN

 

Michael Ryan

 

 

Recommendation

 

THAT Managers familiarise themselves with the content of Council’s Improvement Plan, particularly in relation to items that affect their sections.

 

06 Nov 2015 - 9:35 AM - Sharlea Kenney

Noted - COMPLETE

07 Sep 2015 - 12:50 PM - Sharlea Kenney

have distributed to staff

Meeting

Officer/Director

Section

Subject

Ordinary Meeting 25 August 2015

Dale Jones

Confidential Items

POSSIBLE DEED OF AGREEMENT WITH AUSTRALIAN MUSEUM

 

Steve Harding

 

 

Recommendation (Davison/Wilcox)

 

THAT Council investigate options for the future storage and ownership of the Canowindra age of fishes fossils with a report to the next council meeting.

 

30 Jun 2017 - 4:52 PM - Dale Jones

Australian Museum has received verbal advice (still awaiting written) that significant changes to tidy up particularly the ownership aspect will be required before they can recommend signing.
Australian Museum has apologised for the delay on this.
Australian Museum will be updated minister and Orange MP Phil Donato shortly just to keep them informed.

05 May 2017 - 9:12 AM - Dale Jones

Australian Museum documents with Crown Solicitor for legal advice

12 Apr 2017 - 4:37 PM - Dale Jones

Latest documents from council's solicitors forwarded to Australian Museum for comment and review

14 Mar 2017 - 12:56 PM - Dale Jones

Advice received from council's solicitors and referred back to them for further amendments.

31 Jan 2017 - 4:28 PM - Dale Jones

Awaiting further advice from Council's solicitors who are reviewing Deed of Gift documents

06 Dec 2016 - 3:21 PM - Dale Jones