cabonne Council colour 200 wide

 

 

 

 

 

 

 

 

16 August 2017

 

 

NOTICE OF ORDINARY COUNCIL MEETING

 

Your attendance is respectfully requested at the Ordinary Meeting of Cabonne Council convened for Tuesday 22 August, 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 – AUGUST 2017 COUNCIL MEETING

 

 

2.00pm

·         Representations from the Orange, Cowra, Cabonne Science Hub will address council regarding their request for donation.

 

·         Students from Borenore Public School will be sitting in the public gallery.

 

 

 

 

 

 

 

 

 

 

 

 


 

 

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 22 August, 2017

Page 1

TABLE OF CONTENTS

 

 

 

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

ITEM 2      DECLARATIONS OF INTEREST....................................................... 1

ITEM 3      DECLARATIONS FOR POLITICAL DONATIONS.......................... 1

ITEM 4      MAYORAL MINUTE - APPOINTMENTS........................................... 1

ITEM 5      COMMITTEE OF THE WHOLE........................................................... 1

ITEM 6      GROUPING OF REPORT ADOPTION.............................................. 1

ITEM 7      CONFIRMATION OF THE MINUTES................................................. 1

ITEM 8      CENTROC - PARTICIPATION IN BITUMEN EMULSION AND COLD MIX CONTRACT............................................................................................ 1

ITEM 9      MAY 2017 LOCAL TRAFFIC COMMITTEE...................................... 1

ITEM 10    ORANGE, BLAYNEY, CABONNE REGIONAL ECONOMIC DEVELOPMENT PLAN................................................................................................................... 1

ITEM 11    CANOWINDRA PRESCHOOL KINDERGARTEN........................... 1

ITEM 12    25th ANNIVERSARY OF FAMILY DAY CARE AND HACC SERVICES   1

ITEM 13    END OF TERM REPORT..................................................................... 1

ITEM 14    DEVELOPMENT APPLICATION 2017/178 - PARTIAL DEMOLITION OF STONE STABLES - 9 MOLONG STREET, MOLONG BEING LOT 130 DP 876496         1

ITEM 15    MODIFICATION OF DEVELOPMENT APPLICATION 2008/0128/1 - WESTLIME QUARRIES PTY LTD - 115 CANOMODINE LANE, CANOWINDRA  1

ITEM 16    DEVELOPMENT APPLICATION 2017/147 DWELLING UPON LOT 6 DP 838725, LAND ALSO KNOWN AS 1288 PEABODY ROAD, MOLONG ... 1

ITEM 17    MODIFIED DEVELOPMENT APPLICATION 2001/37/4 FOR AGRITECHNOLOGY UPON LOT 13 DP 1023110, LAND ALSO KNOWN AS 36 UNDERWOOD ROAD, BORENORE ........................................................................................... 1

ITEM 18    QUESTIONS FOR NEXT MEETING................................................... 1

ITEM 19    BUSINESS PAPER ITEMS FOR NOTING........................................ 1

ITEM 20    MATTERS OF URGENCY.................................................................... 1

ITEM 21    COMMITTEE OF THE WHOLE SECTION OF THE MEETING..... 1

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      PROPOSAL FOR ESTABLISHMENT OF A TRUCK WASH AT MOLONG - LAND ACQUISITION

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

ITEM 3      OFFER TO PURCHASE OR LEASE LOT 87 DP1100661 CASUARINA DR, EUGOWRA

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

 

ANNEXURE ITEMS

 

ANNEXURE 7.1    July 25 2017 Ordinary Council minutes.............. 1

ANNEXURE 7.2    August 8 2017 Extraordinary Council minutes   1

ANNEXURE 10.1  Regional Development Framework.................... 1

ANNEXURE 13.1  Cabonne End of Term Report 2012-2017.............. 1

ANNEXURE 14.1  Draft Conditions of development consent 2017 0178.        1

ANNEXURE 16.1  2017 147 Draft Conditions of Consent................ 1

ANNEXURE 17.1  2001 37 4 Draft Conditions of Consent............... 1 

 


 

 

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 - 858497

 

 

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 - 858500

 

 

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 - 858501

 

 

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 - 858502

 

 

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 - 858504

 

 

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 - 858507

 

 

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.  July 25 2017 Ordinary Council minutes

2.  August 8 2017 Extraordinary Council minutes    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - MINUTES - 2017 - 858517

 

 

Recommendation

 

THAT the minutes of the Ordinary meeting held 25 July 2017 and Extraordinary meeting held 8 August 2017 be adopted.

 

General Manager's REPORT

 

The following minutes are attached for endorsement:

 

1.   Minutes of the Ordinary Council meeting held on 25 July 2017.

2.   Minutes of the Extraordinary Council meeting held on 8 August 2017.

 

 

 

ITEM 8 - CENTROC - PARTICIPATION IN BITUMEN EMULSION AND COLD MIX CONTRACT

REPORT IN BRIEF

 

Reason For Report

For council to approve the recommendation to participate in the bitumen emulsion and cold mix contract.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.1.d - Maintain effective membership of Centroc, WBC Strategic Alliance, Hawkesbury City Council, Weddin Shire Council and Cabonne Council Country-City Alliance, LGNSW and other forums

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNMENT RELATIONS\LOCAL AND REGIONAL LIAISON\CENTROC CONTRACTS - 860014

 

 

Recommendation

 

THAT Council agree to participate in regional contracts for bitumen emulsion and cold mix.

 

Director of Engineering & Technical Services' REPORT

Central NSW Councils (Centroc) represents over 236,000 people covering an area of more than 70,000sq kms comprising Bathurst Regional, Blayney, Cabonne, Cowra, Forbes, Hilltops, Lachlan, Lithgow, Oberon, Orange, Parkes, Upper Lachlan, and Weddin Councils and Central Tablelands County Council.  Centroc exists to do two things – advocate on behalf of the region and support member operations through regional co-operation and resource sharing.

To support member operations, a Compliance and Cost Savings Program was created to add better value to members and generate more cost savings to individual councils. The program is being funded in part from the Centroc surplus and comes at no extra cost to members.

The objective of the program is to drive initiatives across the region to reduce Council costs through:

1.   providing a regional approach to compliance with State and Federal legislation thereby reducing costs to member Councils;

2.   trialing with the intent to implement products and services to reduce costs; and

3.   implementing regional contracts to reduce costs through group purchasing.

The program has been in operation since 14 December 2009 and over $3,500,000 of savings to the region have been realised through a variety of programs including desktop telephony audit, on site telephony audit at some councils, diesel tax rebate audit and a desktop electricity review.

Background on the Centroc Supply Management Team

The Supply Management Team was established in June 2003. The objectives of this team are:

1.   Networking of professional purchasing staff.

2.   Achieve savings through joint procurement of goods and services.

3.   Generate income through rebates to Central NSW Councils.

4.   Facilitate professional development and training of Council purchasing staff.

5.   Encourage use of the latest technology for communication and purchasing functions.

The Supply Management Team has been successful in all of these areas over the past eleven years and continues to provide ways for councils to save money and time through working together regionally.

In addition to bitumen emulsion, the team has currently negotiated regional contracts in road signs, fuel and line marking services and are continuously looking at ways that regional purchasing can assist Centroc members.

Background on developing contracts for bitumen emulsion and cold mix

The Supply Management Team first decided to do a regional contract for Bitumen Emulsion in 2004 culminating in a three-year regional contract in 2005 with the process repeated at the completion of that contract in 2008, and again in 2011 and 2015. The latest contract has also been extended for 12 months.  As we near the completion of the current contract, Centroc seeks to repeat the process.

Centroc members currently procuring under this arrangement are as follows:

Council

Participating in Current Bitumen Emulsion Contract

Bathurst

Yes

Boorowa

Yes

Cabonne

Yes

Cowra

Yes

Forbes

Yes

Hilltops

Yes

Lachlan

Yes

Lithgow

Yes

Oberon

Yes

Orange

Yes

Parkes

Yes

Upper Lachlan

No

Weddin

Yes

 

At its meeting on 24 July 2017, the Centroc Roads Technical Committee agreed to include cold mix in the procurement process, alongside bitumen emulsion.  At the meeting of 27 July 2017, GMAC resolved to conduct a procurement process for both bitumen emulsion and cold mix.

Should Council agree to participate in a regional contract, Centroc will release an RFT (Request for Tender) and proceed to a contract.

Centroc seeks, by way of RFT, to identify suitable providers to supply bitumen emulsion and cold mix for the period 1 March 2018 – 28 February 2020 with an option for a 12 month extension.  The RFTs will be run concurrently, however will be separate contracts.

Advice regarding service and pricing under a regional contract will be provided to members.

Benefits of a regional approach include:

·    cost savings to members through bulk procurement;

·    time saved by supply team staff though centralised coordination; and

·    income stream to Centroc from the contractor with a view to reducing fees

Council contribution

Centroc manages the process including all costs of advertising and tender assessment and takes a management fee from the supplier to cover these costs which council is not responsible for.  The management fee for bitumen emulsion is typically 0.5%, and cold mix will be 2% as annual spend is much lower than bitumen.

Council should also give consideration to future compliance with the contract.

Options

If Council was to participate in Centroc’s regional contract for bitumen emulsion and cold mix, benefits of the larger buying power of multiple councils will be seen in the purchase price as well as time saving for council staff in not having to retrieve quotes each time a purchase of bitumen emulsion is required.

 

 

ITEM 9 - 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

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\CORPORATE MANAGEMENT\MEETINGS\TRAFFIC COMMITTEES - 860583

 

 

Recommendation

 

THAT Council ratify item 8 recommendation of the May 2017 Local Traffic Committee.

 

Manager Technical Services' REPORT

 

At the July 2017 Council meeting, item 8 from the May traffic committee meeting minutes was excluded with a request for further investigations to take place.

 

Council’s engineering staff have investigated and the recommendation remains the same.

 

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 10 - ORANGE, BLAYNEY, CABONNE REGIONAL ECONOMIC DEVELOPMENT PLAN

REPORT IN BRIEF

 

Reason For Report

To seek Council endorsement to participate in the development of a Regional Economic Development Strategy for the region encompassing the local government areas Orange, Blayney and Cabonne.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.1.b - Maintain strong relationships and liaise effectively with all relevant Government agencies and other councils

Annexures

1.  Regional Development Framework    

File Number

\OFFICIAL RECORDS LIBRARY\ECONOMIC DEVELOPMENT\PLANNING\ECONOMIC DEVELOPMENT AND TOURISM PLAN - 860597

 

 

Recommendation

 

THAT Council supports the development of a Regional Economic Development Strategy for the region encompassing the local government areas Orange, Blayney and Cabonne.

 

 

General Manager's REPORT

 

The NSW Government’s announcement of a $1.3billion Regional Growth Fund includes various economic development, jobs, infrastructure, business and community streams.  Historically though, significant boosts like this have not met nor achieved the outcomes desired of the programs for regional and rural NSW.  Grant money has not been taken up and/or jobs not delivered.

 

A number of approaches have been taken by the Government to accelerate the infrastructure roll-out across the regions.  The first being, the appointment of the NSW Regional Infrastructure Coordinator, who has visited Central NSW and is working with stakeholders and the Government to identify and overcome any roadblocks to large capital infrastructure programs.

 

Further, under the new Regional Development Framework, the Centre for Regional Economic Development (CERD) and Industry NSW has allocated funding to enable for Regional Economic Development Strategy’s (REDS) for Functional Economic Regions (FERs) across NSW.

 

The ‘Making it Happen in the Regions: Regional Development Framework’ paper is attached and explains the philosophy behind this project.

 

A FER is an area or group of councils around a regional centre where employees are drawn and services interconnected between surrounding towns.  In this case, the regional centre being Orange and surrounding towns where 90% of employees are contained within the 3 local government areas (LGA’s) of Orange City, Blayney Shire and Cabonne Councils.

 

The objective of this project is to facilitate the regions in NSW to access Government infrastructure funding.  A REDS will identify the strengths in the region and identify projects or investment opportunities to enhance the development, performance and competitiveness of the region.

 

Previously, REDS developed by individual Councils for their own LGA have not allowed for any comparison between LGA’s and often do not consider the broader region.  Also, given the cost, smaller councils have limited capacity to develop comprehensive plans.

 

A meeting was held on 21 July with Industry NSW representatives, Orange City Council, Cabonne Council, Blayney Council and consultants engaged by CERD for this FER; AgEcon Plus and Gillespie Economics. 

 

The methodology will include:

 

·    Demographic and Socio-economic audit of the region.

·    Assessment of performance and competitiveness.

·    Audit of institutional capacity and capability to undertake regional economic development.

·    Compilation of a register of existing businesses, strength and weaknesses, social capital, education and training.

 

Workshops planned for October, tentatively in Orange and Blayney midweek and weekend and one-on-one interviews will provide engagement with stakeholders, industry and business to identify regional core competencies and competitiveness, regional risks, opportunities, priority infrastructure projects and the development of action plans.

 

It is anticipated that this REDS for the Orange, Blayney and Cabonne Region will be completed by the end of December 2017.  The REDS will provide both a regional and individual council data analysis and will be a valuable document for completion of the new Community Strategic Plan.

 

There are 12-stages for the process the first of which is to achieve formal agreement from the region’s key stakeholders being local government to undertake a facilitating and support role.  The outputs from the regional audits to produce a Regional Information System and provide Market Intelligence, which will reveal regional strengths and weaknesses. 

 

Turning the REDS into a reality will require an Action Plan with budget, source of funds, timeframe, and responsible agency with identification of ‘investment-ready’ projects also identified in the Action Plan.

 

 

ITEM 11 - CANOWINDRA PRESCHOOL KINDERGARTEN

REPORT IN BRIEF

 

Reason For Report

Request for consideration of entering into a lease agreement.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

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

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\COUNCIL PROPERTIES\USAGE\2017 - SECTION 355 COMMITTEES - 860849

 

 

Recommendation

 

THAT Council:

 

1.      Enter into a peppercorn lease agreement for a nominal fee of $1 per year with the Canowindra Preschool Kindergarten for Lots 1 and 2 Section 3 DP 978016 Ryall Street, Canowindra

 

2.      Affix the seal to the lease agreement between Council and the Canowindra Preschool Kindergarten Inc.

 

General Manager's REPORT

 

Council has received a request from the Canowindra Preschool Kindergarten Inc to formalise a lease agreement over the building they occupy on the corner of Ryall & Ferguson Streets Canowindra.  The Canowindra Preschool Kindergarten Inc are a s355 committee of council.

 

The committee have been advised by the Early Childhood Education Directorate for the NSW Department of Education to obtain a lease agreement to secure their Capital Works Grant.  This is a security provision that has no financial hold and is required so that the interest of the department is accommodated and sees that the grant is utilised for the next ten years to delivery quality early childhood education.  As part of their application, the Committee require from Council, as owner of the land, a current lease for the site their business occupies for a term of at least 10 years.

 

Council will recall a similar request was made recently by the Cudal Community Children’s Centre and should council determine it appropriate, a peppercorn lease with a nominal rental of $1 per annum could be entered into.

 

 

 

ITEM 12 - 25th ANNIVERSARY OF FAMILY DAY CARE AND HACC SERVICES

REPORT IN BRIEF

 

Reason For Report

Family Day Care and Home and Community Care Services were established in Cabonne 25 years ago.

Policy Implications

Nil

Budget Implications

Funded from Community Services Reserve

IPR Linkage

3.2.2.a - Promote HACC services within Cabonne

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\COMMUNITY SERVICES\SERVICE PROVISION\HOME AND COMMUNITY CARE - NEIGHBOUR AID - 860860

 

 

Recommendation

 

THAT Council:

 

1.  Recognise the 25th Anniversary of HACC and Family Day Care Services; and

2.  Fund up to $500 towards each anniversary celebration for HACC and Family Day Care from the Community Services Reserve.

 

Community Services Manager's REPORT

 

Council’s HACC and Family Day Care Services were established in 1992 and are celebrating their 25th Anniversary this year.  Additionally, the Meals on Wheels services was established in Cabonne 50 years ago and Council’s HACC Service is planning to join with Meals on Wheels volunteers in celebrating the joint anniversary in November.

 

Council’s HACC service was originally established to organise and coordinate volunteer hot meal deliveries prepared in hospital kitchens and to provide neighbour aid type services.  Over the years the service has developed and now provides a wide variety of meal choices, community restaurants to improve social connections for clients, lawn mowing and low level home maintenance services and up to 5 social events each month.

 

The service aims to improve the wellbeing and social connection of older people in Cabonne.

 

Council’s Family Day Care Service has been an important service in Cabonne by providing affordable quality childcare across the local government area.  Over the years it has provided employment for up to 30 people at a time to run a family day care business from their own homes.  It has enabled many more families to participate in the workforce by providing them with home-like care for their children and has been able to attract substantial Commonwealth Childcare subsidies into Cabonne.

 

In the last 12 months over $530,000 in Commonwealth Child Care Benefit was attracted to the area because of the Family Day Care Service.  Over the past 25 years, these services have made a positive impact to people’s lives and boosted the Cabonne economy by many millions of dollars.

 

The Cabonne Family Day Care Service is planning to celebrate their anniversary with a family day for educators and families in September 2017.

 

ITEM 13 - END OF TERM REPORT

REPORT IN BRIEF

 

Reason For Report

To present Cabonne Council's End of Term Report for the period 2012-2017

Policy Implications

Nil

Budget Implications

Cost of production, printing and postage to distribute report to residents and ratepayers

IPR Linkage

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

Annexures

1.  Cabonne End of Term Report 2012-2017    

File Number

\OFFICIAL RECORDS LIBRARY\ECONOMIC DEVELOPMENT\REPORTING\COUNCIL REPORTS - 860896

 

 

Recommendation

 

THAT:

1.  Council adopts the Cabonne Council End of Term Report for the period 2012-2017;

2.  The report be mailed to ratepayers and residents;

3.  The report be uploaded to Council’s website and Facebook page and be promoted through the media; and

4.  Copies of the report be provided to the Minister for Local Government, the State Member for Orange and the Office of Local Government.

 

Acting Economic Development Manager's REPORT

 

Council has produced its End of Term Report for the period 2012-2017 to report on the progress achieved during the past five years.

 

The End of Term Report is part of a review of the Cabonne 2025 Community Strategic Plan (CSP) as required by Office of Local Government guidelines, which state that a report on the progress of implementing the CSP must be presented at the final meeting of an outgoing council.

 

Cabonne’s report is attached as an annexure and a hard copy has been provided for each councillor.

 

The report has been produced as a foldable D4 flyer to make it more readable and in a format which makes it suitable to be posted to ratepayers and residents. This was Council’s preferred format after earlier this year considering several examples of End of Term Reports produced by other councils.

 

It contains concise summaries of achievements and services provided by Council as they relate to the five themes of the CSP:

 

1.      Connect Cabonne to Each Other and the World;

2.      Build Business and Generate Employment;

3.      Provide and Develop Community Facilities;

4.      Grow Cabonne Culture and Community; and

5.      Management of Natural Resources.

Some of Council’s achievements during the 2012-2017 term included:

 

a.      Spending $91.5 million on roads;

b.      $16.6m in water security investments;

c.       Completing of the Four Towns Sewerage Scheme for Cudal, Manildra, Cumnock and Yeoval;

d.      $2.2m redevelopment of Canowindra swimming pool;

e.      Completion of Stage 1 of Molong’s multi-purpose synthetic sports complex;

f.       Allocating $661,000 to the construction of new Rural Fire Service sheds;

g.      $538,000 in upgrades to showgrounds at Cudal, Eugowra, Molong and Yeoval;

h.      $376,000 in community assistance grants to help not-for-profit groups with 75 community projects;

i.        40,000 trips by Cabonne Community Transport service; and

j.        9.7% increase in tourism.

If Council adopts the End of Term Report at this meeting, the document will be mailed to ratepayers and residents, uploaded to Council’s website and Facebook page and promoted through the media.  Copies will also be provided to the Minister for Local Government the Hon. Gabrielle Upton, Member for Orange Philip Donato and the Office of Local Government.

 

 

ITEM 14 - DEVELOPMENT APPLICATION 2017/178 - PARTIAL DEMOLITION OF STONE STABLES - 9 MOLONG STREET, MOLONG BEING LOT 130 DP 876496

REPORT IN BRIEF

 

Reason For Report

To obtain council's determination of the application

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

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

Annexures

1.  Draft Conditions of development consent 2017 0178.    

File Number

\Development Applications\DEVELOPMENT APPLICATION\2017\03-2017-0178 - 860268

 

 

Recommendation

 

THAT Development Application 2017/178 for the partial demolition of the heritage listed ‘Quinn’s Stables’ at 9 Molong Street, Molong, being Lot 130 DP 876496, be granted consent subject to the conditions attached.

 

 

Director of Environmental Services' REPORT

 

ADVISORY NOTES

Record of voting

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

 

Political Disclosures

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

 

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

 

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

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

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

 

Nil planning application disclosures have been received. 

Nil public submission disclosures have been received. 

 

 

SUMMARY

 

The following report provides an assessment of the development application submitted for the partial demolition of a heritage item known as ‘Quinn’s stables and situated upon land at 9 Molong Street, Molong, being Lot 130 DP 876496.

 

The application has been referred to the Council for determination as submissions have been received relating to the proposal.

 

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

 

Applicant: Molong Early Learning Centre

Owner:      Mr S and Mrs S Kenny

Proposal:  Partial demolition of heritage listed stone

Location:   9 Molong Street, Molong being Lot 130 DP 876496

Zone:         R1 Residential 

 

THE PROPOSAL

The c1870s stone stables building located to the rear of a stone cottage at 9 Molong Street, Molong, have been identified as being in poor condition with risk of severe structural failure and potential damage to adjoining property.

 

To the north/ north west of the property is the premise utilised by Molong Early Learning Centre. The stone stables building forms the boundary between the two properties. The child care centre has established a playground area adjacent the stone stables. The centre’s management and their staff are concerned that the stone stables building is at risk of collapse.

 

The childcare centre propose the following:

·    Remove the majority of the roof of the stables building

·    Demolish the main section of the eastern wall of the stables

·    Demolish part of the northern gable wall

·    Demolish approximately 1m of the top of the western wall, cap the exposed stone top layer and point up the remainder of the western wall to prevent displacement of stone material.

·    Retain the stone material on site to enable later restoration of the building

 

The proponent in their application state the purpose for which development consent is sought is the restoration of the stables. The documentation however reflects the activity proposed as the partial demolition of the building

 

Site Map

1300304

Site plan

 

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 R1 General Residential

Lot size map

NA

Heritage map

Is a heritage item

Terrestrial Biodiversity Map

No biodiversity sensitivity on the subject land

Flood planning map

Not within a flood zone

Natural resource – karst map

Is within a karst area

Drinking water catchment map

Not within a drinking water catchment area

Riparian land and watercourse map, groundwater vulnerability map

Affected by riparian, watercourse or groundwater vulnerability

Land reservation acquisition map

NA

 

These matters are addressed in the report following.

 

Cabonne Local Environmental Plan 2012

 

The subject land is zoned R1 General Residential by the Cabonne Local Environmental Plan 2012. Demolition is permissible within this zone, subject to council’s development consent.

 

Objectives of the R1 General Residential zone

 

The proposal is not contrary to the aims of the LEP or the objectives of the R1 zone.  The development relates to and is consistent with the zone objectives which seek to

 

• To provide for the housing needs of the community.

• To provide for a variety of housing types and densities.

• To enable other land uses that provide facilities or services to meet the day to day needs of residents.

 

Part 5 – Miscellaneous provisions

 

5.10 Heritage Conservation

The objectives of this clause are:

 

(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 archaeological sites,

(d)  to conserve Aboriginal objects and Aboriginal places of heritage significance.

 

Development consent is required under this clause for:

(a)  demolishing or moving any of the following or altering the exterior of any of the following (including, in the case of a building, making changes to its detail, fabric, finish or appearance):

(i)  a heritage item,

 

The consent authority must, before granting consent under this clause in respect of a heritage item or heritage conservation area, consider the effect of the proposed development on the heritage significance of the item or area concerned. This subclause applies regardless of whether a heritage management document is prepared under subclause (5) or a heritage conservation management plan is submitted under subclause (6).

 

The consent authority may, before granting consent to any development:

(a)  on land on which a heritage item is located, or

(b)  on land that is within a heritage conservation area, or

(c)  on land that is within the vicinity of land referred to in paragraph (a) or (b),

require a heritage management document to be prepared that assesses the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area concerned.

 

The proponent states that the stone stables are in imminent risk of roof collapse and consequential toppling of walls. A structural engineer’s report dated 11 June 2016 supports the claim of buidling failure and risk. The proponent has not provided any assessment of the heritage significance of the stables or its contribution to the history and heritage of Molong.

 

The proponent argues that the partial demolition of the building would be of minor community interest and would benefit the operation of the child care centre.

 

Council’s Heritage Advisor has provided comment and technical advice relating to the stone stables building, details of which have been provided to council as part of the monthly heritage reports.

 

In June 2017 the advisor reported to council that ‘ extensive consultation has been undertaken by the heritage advisor with all parties in attempts to save this rare and historical structure from demolition while protecting both parties. This has not been successful due to a shortage of funds. Currently Anton Lynar Engineer has proposed demolition of elements of the structure in order that the threat to the adjoining property can be managed.

 

A DA has been submitted by the adjoining owner, the Molong Early Learning Centre for demolition of parts of the heritage building.

·    The Statement of environmental effects with the DA emphasises the benefits to the ELC of removing parts of the building.

·    The Statement does not address the loss of heritage value.

·    The Molong & District Historical Society has not been consulted over the heritage value.

·    No mitigation works are proposed to off-set the demolition.

·    The works are titled restoration in the DA submission when they appear to be demolition.

·    There is no drawn scope of works and the Lynar drawings show the existing structures only.

·    The drawings do not indicate where the materials are to be stored on site for the future re-construction

 

The following additional information is requested from the applicant in order that a full assessment can be made and an approval provided for appropriate works – sufficient to meet the requirements of the ELC and no more than that in order that the impact of loss in heritage value is minimised.

 

·    A professional photographic record is to be made of the structure prior to works commencing. This is standard condition with demolitions of heritage places and will assist in the future reinstatement of the stonework and roof. Contact James Nicholson Architect in Orange or others;

·    Anton Lynar to provide modified drawings to clearly show the scope of the proposed demolition, materials storage and mitigation works to safeguard the remnants;

·    Anton Lynar will be required to attend the site during the work to ensure the works are completed in accordance with the scope and that any variations are necessary after consideration of all reasonable options.

 

Conditions of consent have been drafted to address the advisor’s recommendations.

 

Part 6 – Additional local provisions

 

Clause 6.4 Groundwater vulnerability

 

The lot is mapped as being ground water vulnerable (Moderately High – High) as indicated in the map below. The proposal to partially demolish the stables building is unlikely to have minimal impact on the ground water.

 

Clause 6.7 Land affected by karst

 

The lot has been mapped as being land affected by Karst however the development proposal is unlikely to have impact upon the limestone karst geology.

 

REGIONAL ENVIRONMENTAL PLANS

 

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

 

STATE ENVIRONMENTAL PLANNING POLICIES

 

No SEPPs apply to this development.

 

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

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

 

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

 

No Development Control Plans apply to this land.

 

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

 

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

 

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

 

Siting /location

 

The stables building is located to the rear of a residential property. The stone stables, and the adjoining stone cttage represent part of  rare and unique collection of historic stone buildings constructed in Molong. The partial demolition of the stables will  result in the partial loss of a historic building that contributes to the history of Molong.

 

Given that the condition of the stables renders it as unsafe it has become necessary to consider the partial demolition of the building, and the storage of the  stone material on site in the event that  reconstruction and restoration of the building can take place.

 

Visual amenity

 

The stables contributes to the streetscape and the history of Molong.

 

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

 

Physical Attributes and Hazards

 

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

 

DEVELOPMENT CONTRIBUTIONS

 

No contributions apply to the development.

 

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

 

The proposed development was advertised and neighbourhood notified.

 

Submissions received are summarized below:

 

Submission issues

Comments

Submission 1

Molong Historical Society

The building is one of several stone rubble buildings, mainly constructed by stonemason James Mortal jrn. While being understanding of safety need, the society also recognizes the value within a community of heritage assets. The society suggests that local groups such as the Mens Shed organization, the historical society and other local interest groups could offer assistance with labour, under supervision of a structural engineer, to help restore / reconstruct the building.

 

 

 

Noted. The museum representatives have contacted the land owner to offer their assistance.

Submission 2

R. Smith

Can council provide a grant to assist repair the building?

Council’s prior approval of a large shed adjacent the stables removed opportunity for use of the stables as a b & b.

Suggests relocating the building to another location within Molong, or leasing the site and open the area for public access

 

 

 

The annual local heritage grant has a total budget of $16,000pa to be be applied across the shire. The guidelines indicate individual grants of  approximately $500 may be allocated.

Council’s heritage advisor, with the support of the Molong Historical Society worked with the land owner to attempt to secure state funding for the restoration of the stables as an urgent program. Funding was not available to this project.

The warehouse located 30m east of the site was approved by council in 2000. Development Applications are determined by merit based assessments.

The current DA is for partial demolition of the stables.  Removal of material off site is not proposed, or supported. The future use of the residential allotment remains a matter for the land owner to consider.

 

PUBLIC INTEREST s79C(1)(e)

 

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

 

CONCLUSION

 

The proposed development is permissible with the consent of Council. The development complies with the relevant aims, objectives and provisions of the LEP.  A section 79C assessment of the development indicates that the development is acceptable in this instance.  Attached is a draft range of conditions considered appropriate to ensure that the development proceeds in an acceptable manner.

 

 

ITEM 15 - MODIFICATION OF DEVELOPMENT APPLICATION 2008/0128/1 - WESTLIME QUARRIES PTY LTD - 115 CANOMODINE LANE, CANOWINDRA

REPORT IN BRIEF

 

Reason For Report

To obtain council's determination of the application

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

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

Annexures

Nil   

File Number

\Development Applications\DEVELOPMENT APPLICATION\2016\03-2016-0128 - 861155

 

 

Recommendation

 

THAT Modification of Development Application 2016/128/1 to permit the siting of the proposed office and weighbridge, workshop and hardstand, fuel store and hardstand,(being components of the proposed open cut mine (limestone mine) and ancillary processing), outside the open cut mine working area, be granted consent subject to the variation of Condition 1 to  include the modified site plan and accompanying Statement of Environmental Effects. The modified subject land is described as part of Lot 201 DP 1232203, previously described as proposed Lots 100 and 101 in the subdivision of Lot 2 DP 590034, Lot 136 DP 664861 and Lot 137 DP 652082 known as 115 Canomodine Lane Canonwindra.

 

Director of Environmental Services' REPORT

 

ADVISORY NOTES

Record of voting

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

 

Political Disclosures

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

 

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

 

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

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

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

 

Nil planning application disclosures have been received. 

Nil public submission disclosures have been received. 

 

SUMMARY

The following report provides an assessment of the modified application submitted to permit the siting of the  proposed office and weighbridge, workshop and hardstand, fuel store and hardstand, being components of the proposed open cut mine (limestone mine) and ancillary processing plant that was approved by council at its meeting of 20 December 2016, outside the extraction area of the Westlime Limestone Mine at 115 Canomodine Lane, Canowindra.

 

The subject land is currently identified as Lot 201 DP 1232203 and was previously described as proposed Lots 100 and 101 in the subdivision of Lot 2 DP 590034, Lot 136 DP 664861 and Lot 137 DP 652082, and is known as 115 Canomodine Lane Canonwindra.

 

The application has been referred to the council for determination as the initial development application was determined by the council at its meeting of 20 December 2016.

 

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

 

Applicant:          Westlime Quarries Pty Ltd

Owner:               Mr P Wythes

Proposal:           Permit the siting of the proposed office and weighbridge, workshop and hardstand, fuel store and hardstand, being components of the proposed open cut mine (limestone mine) and ancillary processing plant, to be clear of the extraction area.

Location:            Lot 201 DP 1232203, 115 Canomodine Lane, Canowindra

Zone:                  RU1 Primary Production   

 

THE BACKGROUND

The proposed limestone mine is to be located approximately 10km to the north east of Canowindra. The mine will  consist of:

·    Extraction of up to 250,000 tonnes per annum of limestone and related material for a period of 21 years

·    Crushing, screening and grinding of extracted material to produce a range of commercial products including agricultural lime

·    Construction and rehabilitation of a final landform which will be geotechnically stable and suitable for final land use of intermittent grazing

 

THE PROPOSAL

It is proposed to site the mine office and weighbridge, workshop and hardstand, fuel store and hardstand infrastructure separate to the approved extraction area. The support infrastructure is to be located within the defined project area, to the immediate south of the extraction area and stockpile sites, adjacent to the approved site access road of the approved development.

 

The clustering of the operational infrastructure is suggested by the proponent to be necessary to achieve operational efficiencies and to minimize potential for conflict between administration activities and mining activities.

 

The office and associated structures are proposed to be exempt development under the relevant SEPP and will not require further council approval.

 

The proposed additional area of development is approximately 0.1ha and will be offset by an equivalent reduction in area of the medium stockpile area to ensure that the total approved area of disturbance remains unchanged.

 

The proponent also indicates that a slight repositioning of the approved processing plant area to better accommodate future mining operations.

 

Site Map

 

7806004

 

MATTERS FOR CONSIDERATION

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

 

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

 

Clause 1.2 Aims of the Plan

The broad aims of the LEP are as follows:

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

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

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

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

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

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

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

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

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

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

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

 

Clause 1.9A Suspension of covenants, agreements and instruments

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

·    Covenants imposed or required by council

·    Prescribed instruments under s183A of Crown Lands Act 1989

·    Any conservation agreement under National Parks and Wildlife Act 1974

·    Any trust agreement under the Nature Conservation Trust Act 2003

·    Any property vegetation plan under the Native Vegetation Act 2003

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

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

                  

      Mapping

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

     

Land zoning map

Land zoned RU1 Primary Production

Lot size map

Minimum lot size - NA

Heritage map

Not a heritage item or conservation area

Terrestrial Biodiversity Map

Has biodiversity sensitivity on the subject land

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

Flood planning map

Not within a flood zone

Natural resource – karst map

Within a karst area

Drinking water catchment map

Not within a drinking water catchment area

Riparian land and watercourse map, groundwater vulnerability map

Riparian, watercourse or groundwater vulnerability

Land reservation acquisition map

NA

 

      These matters are addressed in the report following.

 

Cabonne Local Environmental Plan 2012

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

 

Objectives of the RU1 Primary Production zone

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

 

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

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

·    To minimise the fragmentation and alienation of resource lands.

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

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

 

Part 6 – Additional local provisions

Clause 6.3 Terrestrial biodiversity

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

a.   Protecting native fauna and flora, and

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

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

 

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

 

A Property Vegetation Plan (PVP) as required by the development consent has been approved for the site. The proposed modification application does not affect the initial assessment of the site.

 

1624066

 

Clause 6.4 Ground water vulnerability

 

The objectives of this clause are as follows:

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

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

 

The modified application does not impact upon the hydrogeology of the area or the initial  assessment of the development as submitted in the initial EIS. Appropriate measures can be implemented to ensure the protection of the groundwater within the area.

Clause 6.6 Riparian land and watercourses

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

(a)  water quality within watercourses,

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

(c)  aquatic and riparian habitats,

(d)  ecological processes within watercourses and riparian areas.

 

The modified proposal addresses the mitigation measures proposed to ensure the protection of water quality. There is potential for runoff from the development and this is proposed to be managed by erosion and sediment control.

 

1625719

Clause 6.7 Land affected by karst

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

 

The modified proposal satisfies the development standard.

6799888

 

REGIONAL ENVIRONMENTAL PLANS

 

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

 

STATE ENVIRONMENTAL PLANNING POLICIES

 

State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007 specifies matters requiring consideration in an assessment of any mining, petroleum or extractive industry. The proposed modified development is consistent with the relevant aims of the Policy with regard to orderly economic use of land, while addressing the ecological and environmental issues.

 

State Environmental Planning Policy No. 44 – Koala Habitat Protection applies to the Cabonne Council area. There are no known sightings of koalas in the locality of the subject land. The OzArk ecological report submitted with the initial EIS concluded that sporadic transient koala movements may occur in the project site. The modified proposal does not affect the initial assessment.

 

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

 

State Environmental Planning Policy (Rural Lands) 2008

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

 

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

 

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

 

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

 

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

 

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

The modified development is not inconsistent with the regulations.

 

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

 

Context & Setting

The proposed relocation of infrastructure to an area to the immediate south of the mine extraction site, but within the project boundary, will have minimal impact upon the area. Development Standards for exempt and complying development apply to the proposal.

 

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

 

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

 

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

 

Physical Attributes and Hazards

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

 

DEVELOPMENT CONTRIBUTIONS

 

The modification does not affect the initial assessment of the application.

 

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

 

Due to the minor nature of the modification proposal the application was not neighbourhood notified. 

 

PUBLIC INTEREST s79C(1)(e)

 

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

 

CONCLUSION

The proposed modified development is permissible with the consent of Council. The development complies with the relevant aims, objectives and provisions of the LEP.  A section 79C assessment of the development indicates that the development is acceptable in this instance.  The proposal is recommended for development, subject to variation of Condition 1 of the development consent to reflect the submitted modified plans and Statement of Environmental Effects.

 

ITEM 16 - DEVELOPMENT APPLICATION 2017/147 DWELLING UPON LOT 6 DP 838725, LAND ALSO KNOWN AS 1288 PEABODY ROAD, MOLONG

REPORT IN BRIEF

 

Reason For Report

To vary a development standard

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 147 Draft Conditions of Consent    

File Number

\Development Applications\DEVELOPMENT APPLICATION\2017\03-2017-0147 - 858660

 

 

Recommendation

 

THAT:-

 

1.   Council vary the development standard being the minimum lot size for development of a dwelling, and

2.   Development Application 2017/147 for a dwelling upon Lot 6 DP 838725 land also known as 1288 Peabody Road, Molong be granted consent subject to the conditions attached.

 

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 dwelling upon lot 6 DP 838725, land also known as 1288 Peabody Road, Molong. The proponent seeks consent under clause 4.6 Exemptions to Development Standards as the total area of the site is 93.33 Ha; 6.67 Ha less than the minimum lot size for a dwelling in the RU1 Primary Production zone.  

 

The application has been referred to the Council for determination as the proponent seeks a variation to planning standard under the Cabonne LEP 2012.

 

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

 

Applicant:          Saunders & Staniforth

Owner:               GP Davison

Proposal:           Dwelling

Location:            Lot 6 DP 838725, 1288 Peabody Road, Molong

Zone:                  RU1 Primary Production   

 

The PROPOSAL

Council approval is sought for erection of a single storey dwelling comprising 4 bedrooms, 3 bathrooms, study, combined family/lounge/dining room and attached two car garage.

 

The external finishes are select face brickwork and colorbond roof sheeting.

 

It is proposed to retain the existing access on Peabody Road and extend the internal driveway to the dwelling site. In terms of servicing, water supply will be via rain water tanks and wastewater management will be via a septic system. Electricity is available for connection to the dwelling at the developer’s cost.   

 

The SITE

Lot 6 DP 838725 was created via subdivision (DA 93/114) under the former Cabonne Local Environmental Plan 1991. The subdivision created 3 concessional lots on South Street and three agricultural lots of 110 ha, 111ha & 93 ha on Peabody Road. Lot 6 was created under clause 12 for the purposes of agriculture.

 

 

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

No biodiversity sensitivity on the subject land

Flood planning map

Not within a flood zone

Natural resource – karst map

Not within a karst area

Drinking water catchment map

Not within a drinking water catchment area

Riparian land and watercourse map, groundwater vulnerability map

Groundwater vulnerable

Land reservation acquisition map

NA

 

      These matters are addressed in the report following.

 

Cabonne Local Environmental Plan 2012

The subject land is zoned RU1 Primary Production by the Cabonne Local Environmental Plan 2012.  A dwelling 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

 

(1) The objectives of this zone are as follows:

a.   To minimise unplanned rural residential development, and

b.   To enable the replacement of lawfully erected dual occupancies and dwelling houses in certain rural zones.

 

(2) Development consent must not be granted for the erection of a dual occupancy or dwelling house on land to which this plan applies, and on which no dual occupancy or dwelling house has been erected, unless the land:-

a.   Is a lot that is at least the minimum lot size shown on the Lot Size Map in relation to that land

 

Lot 6 is within the RU1 Primary Production zone and Minimum Lot Size (MLS) for a dwelling with the zone is 100 Ha. The land has a total area of 93.33 Ha and therefore does not meet the MLS provisions that apply to the RU1 zone. The proponent has sought approval based on clause 4.6 Exemptions to Development Standards.

 

b.   Is a Lot created under this Plan

 

Not Applicable

 

c.   Is a Lot created under an Environmental Planning Instrument before this Plan commenced and on which the erection of a dual occupancy or dwelling house was permissible immediately before that commencement

 

Not applicable

 

d.   Is a lot resulting from a subdivision for which development consent (or equivalent) was granted before this Plan commenced and on which the erection of a dual occupancy or dwelling house was permissible immediately before that commencement

 

Not Applicable

 

e.   Is an existing Holding

 

Not Applicable

 

Clause 4.6 Exemptions to development standards

The subject land has a total area of 93.33 Ha and does not meet the minimum lot size of 100 Ha to permit a dwelling in the RU1 Primary Production zone. The applicant seeks recourse to clause 4.6 of the Cabonne LEP 2012 to vary the development standard.

 

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

a.   To provide an appropriate degree of flexibility in applying certain development standards to particular development

b.   To achieve better outcomes for and from development by allowing flexibility in particular circumstances.

 

(2) Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by the standard instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause.

 

In regards to subclause (2), variation of the Minimum Lot Size for a dwelling upon Lot 6 may be considered within the parameters of this clause. 

 

(3) Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating

a.   That compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and

b.   That there are sufficient environmental planning grounds to justify contravening the development standard

 

The proponent has addressed subclause (3)(a) by preparing a detailed Property Management Plan for the land. The Plan takes into consideration climate, landscape, soil types, water supply and vegetation type to assess land capability.

 

From the proponents report, in consideration of subclause (3)(b), the property is suited to grazing at relatively high stocking rates, provided pasture quality and ground cover are maintained. The property is representative of some of the more productive areas within the Molong region. It is considered by the proponent erection of a dwelling upon the land will not reduce its potential for sustainable agricultural production and will allow improved site management without adverse effect upon surrounding land for agricultural purposes. While the land could be managed remotely just as effectively without a dwelling it is considered a managers residence could help facilitate some daily tasks. The proposed development is not uncharacteristic of land use patterns in the area and services can be provided in terms of access, power and on-site effluent disposal.  The proposal is consistent with the objectives of subclause (3).

 

(4) Development consent must not be granted for development that contravenes a development standard unless:

a.   The consent authority is satisfied that:-

i. The applicants written request has adequately addressed the matters required to be demonstrated by subclause (3), and

ii. The proposed development will be in the public interest because it is consistent with the objectives of the particular zone in which the development is proposed to be carried out, and

b.   The concurrence of the Director General has been obtained.

 

The applicant has provided a written response to address the variation of the standard with consideration to subclause (3). Further to this, Council has assumed concurrence under delegation of Director General. 

 

(5) In deciding whether to grant concurrence, the Director General must consider:-

a.   Whether contravention of the development standard raises any matter of significance for State or Regional Environmental Planning, and

b.   The public benefit of maintaining the development standard, and any other matters required to be taken into consideration by the Director General before granting concurrence.

 

Contrary to public benefit, variation of the development standard (100ha) erodes the state and local planning controls for sustainable development of agricultural land.

 

Council has delegation to assess the application and concurrence by the Director General is not required in this instance. 

 

(6) Not Applicable

(7) Not Applicable

(8) Not Applicable

 

 Part 5 – Miscellaneous provisions

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

 

Part 6 – Additional local provisions

Clause 6.8 Essential services

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

a.   The supply of water

b.   The supply of electricity

c.   The disposal and management of sewerage

d.   Stormwater drainage, &

e.   Suitable vehicle access.

 

REGIONAL ENVIRONMENTAL PLANS

 

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

 

STATE ENVIRONMENTAL PLANNING POLICIES

 

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

 

State Environmental Planning Policy (Rural Lands) 2008 applies to the Cabonne Council area. The aims of the policy are, in part, to identify the Rural Planning Principles so as to assist in the proper management, development and protection of rural lands for the purpose of promoting the social, economic and environmental welfare of the State, and to implement measures designed to reduce landuse conflicts. The SEPP requires Council to consider the existing and approved uses of land in the vicinity of the development (when it involves subdivision or dwellings), and whether or not the development is likely to have a significant impact on predominant or preferred land uses.

 

The subject land and surrounding area consists of agricultural land that is predominantly grazing and some viticulture. Topography, soil type and climate prevent this area from being suitable for broad acre cropping. The total area of the land does not meet the minimum lot size identified in Council’s Rural & Industrial Land Use Strategy 2008 for sustainable residential development on agricultural land. As such, the proponent seeks an exemption to the development standard.

 

Development Application 2017/147 would facilitate at least one additional dwelling on the property. The proposal is considered to be contrary to the principals of protecting agricultural lands under the SEPP, however the impact is deemed acceptable in this instance as the land will continue to be used for grazing. Also, the dwelling is sited so that it is close to existing infrastructure on the land (storage sheds and internal roads) and is setback an adequate distance from neighbouring farming operations. No further subdivision of the land could be achieved under current planning provisions. The proposal is considered to be acceptable in accordance with State Environmental Planning Policy (Rural Lands) 2008.

 

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

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

 

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

 

Development Control Plan No 5 – General Rural Zones applies to this development. The proposal for a dwelling complies with Section 3 Building Requirements.

 

Context & Setting

Lot 6 is within an agricultural area and surrounding land use is primarily grazing and some viticulture. The proposal recognizes the primary use of the land is agriculture and the development is sited near the existing shed and internal road to minimse adverse impact to agricultural pursuits.

 

Visual amenity

The proposed building is single storey and has been designed to be complementary to the rural setting of the area. External construction materials are select face brick and colorbond roof. A draft condition will apply for use of non-reflective construction materials and prohibition of zincalume in accordance with Council’s Policy.

 

The proponent should also establish landscaping around the building which will help reduce any further impact to visual amenity. The site has views to the north and east but the proposed development is not likely to block any significant views enjoyed by neighboring residences. 

 

Access and traffic

Access to the site is via an existing access and cattle grid on Peabody Road. Upon inspection of the access it was noted minimum safe sight distance in both directions on Peabody Road is only 200m to the south and north due to roadside vegetation (long grass). A condition of consent will apply that the applicant remove and maintain roadside vegetation at all times and a concealed access sign is to be erected 200m north of the access. 

 

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

 

Physical Attributes and Hazards

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

 

DEVELOPMENT CONTRIBUTIONS

 

Council’s Bushfire Services Contributions Plan and Road Contributions Plan are not triggered by the proposed development as these were paid at the time of subdivision.

 

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

A section 79C assessment of the development indicates the proposal does not comply with the provisions of the Cabonne LEP 2012 and the applicant has sought recourse to clause 4.6 Exemptions to Development Standards. The proposal for a dwelling is considered to be consistent with the requirements of clause 4.6 and the Development Application is recommended for approval. Attached is a draft Notice of Approval outlining a range of conditions considered appropriate to ensure that the development proceeds in an acceptable manner.

 

ITEM 17 - MODIFIED DEVELOPMENT APPLICATION 2001/37/4 FOR AGRITECHNOLOGY UPON LOT 13 DP 1023110, LAND ALSO KNOWN AS 36 UNDERWOOD ROAD, BORENORE

REPORT IN BRIEF

 

Reason For Report

To obtain council's determination of the modification application

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

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

Annexures

1.  2001 37 4 Draft Conditions of Consent    

File Number

\Development Applications\DEVELOPMENT APPLICATION\2001\03-2001-0037 - 858681

 

 

Recommendation

 

THAT Council:-

 

1.   Approve modification application 2001/37/4 for installation of a evaporator unit for Agritechnology Pty Ltd upon Lot 13 DP 1023110, land also known as 36 Underwood Road, Borenore;

2.   Amend Condition 40(a) On-site Effluent Management from monthly to quarterly reporting; and

3.   Retain Condition 41(b) Environmental Control - Odour Assessment and 42(c) Environmental Control - Noise Assessment as written in the 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 modification application submitted for variation to DA 2001/37 for a 3 lot subdivision (completed), 70 tonne winery, cellar door sales, laboratory, residential flat and a manager’s dwelling, upon Lot 13 DP 1023110 (being part of land  initially described as Lot 2 DP 820924) and known as 36 Underwood Road, Borenore.

 

The application has been referred to the Council for determination as three (3) submissions have been received objecting to the development.

 

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

 

Applicant:         Agritechnology Pty Ltd c/- Peter Basha Planning & Development

Owner:               Agritechnology Pty Ltd   (D & K MacLennan)

Proposal:          Installation of evaporator unit in laboratory and delete conditions for waste, noise and odour reporting

Location:          Lot 13 DP 1023110, 36 Underwood Road, Borenore

Zone:                 7(c) Environmental Protection  

 

BACKGROUND

 

In 2000 a development application was lodged with council by Terra Consulting Pty Ltd on behalf of Mr D MacLennan for a three (3) lot subdivision of Lot 2 DP 820924, Underwood Road, Borenore, and the establishment of a winery/laboratory and ancillary dwellings.

 

The Environmental Services Committee Council considered the application at its meeting of 6 November 2000 and a conditional approval was issued on 23 November 2000.

 

Stage 1 was the creation of proposed Lot 1(incorporating proposed Lot 2) and Lot 3, and the construction of the winery/laboratory

Stage 2 was the establishment of the winery.

Stage 3 was the subdivision of Proposed Lot 2.

 

A first modification application was submitted 12 December 2000 seeking inclusion of a cellar door premises as part of the Stage 2 development, review of the requirements for a water license, and review of road contribution charges, approved 21 December 2000. Subsequently subdivision, construction and occupation certificates were issued variously for the two lot subdivision release and the construction of the winery/laboratory.

 

In June 2005 a second modification application was submitted to revise the design of the proposed ancillary dwelling. The modification was approved by council subject to revised conditions.

 

Since the establishment of the laboratory a series of complaints were lodged with council and the Environment Protection Authority relating to noise, odour and waste disposal practices emanating from the subject land. Staff inspected the site and issued directions to address on-site waste disposal. The proponent undertook to carry out noise and odour testing and to provide further information to council to clarify land use.

 

A third modification application was lodged with council in August 2014 to broaden the existing research and analytical laboratory operation carried out on the site to incorporate research and development for new processes and products in agriculture and food industries. The variation to the laboratory use arises from the down turn in the wine industry. The modified development application was approved, subject to revised conditions of consent including requirements for regular reporting by accredited consultants on odour and noise monitoring.

 

The PROPOSAL

 

The modified development application seeks to install an evaporator unit, with a footprint of 3m x 3m x 11m, within the existing laboratory building additions. The proposed evaporator unit is intended to eliminate wastewater from the laboratory activities. As a result of the evaporator unit, the only wastewater generated by the existing process will be from wash-down water which will continue to be disposed on-site.

 

Condition 40(a) On-site Effluent Management

 

Condition 40(a) requires the proponent to provide Council with documentary evidence on a monthly basis confirming that off-site waste water disposal is being undertaken. It is requested that Condition 40(a) be amended to delete this requirement on the basis that on-site wastewater disposal will be reduced due to the installation of the proposed evaporator unit.

Condition 42(b) Environmental Control – Odour Assessment and Condition 42(c) Environmental Control – Noise Assessment

 

Condition 42(b) & 42(c) requires the proponent to provide Council with odour and noise assessments on a quarterly basis. It is requested that Conditions 42(b) & 42(c) be deleted. The applicant has provided these reports since 2015 and Council has not raised any concerns or issues relating to the results of the reports. Despite this, it should be noted that Council is in receipt of numerous odour and noise complaints about the premise. In response to these complaints Council staff have investigated each matter and engaged with Agritechnology accordingly.

 

Site Map

1160967 

2242734

 

MATTERS FOR CONSIDERATION

The proposed modification satisfies Section 96(1A) of the Environmental Planning and Assessment Act 1979 and is considered to be substantially the same development.

 

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

 

Cabonne Local Environmental Plan 1991 (Amended)

The subject land is zoned 7(c) Environmental Protection by the Cabonne Local Environmental Plan 1991.  The application seeks modification to the laboratory component of the development. The laboratory was considered to be a rural industry when the original development application was considered in 2000 under the former LEP 1991. A rural industry is permissible within this zone, subject to Council’s development consent.

 

Clause 2 – Aims and objectives of the plan

 

The general aim of the LEP seeks to facilitate development in a manner that encourages the proper management, development and conservation of natural and man-made resources within the Council area by protecting, enhancing or conserving prime crop and pasture land.

 

The proposed modification is not contrary to the aims of the LEP. It is noted that the additional of an evaporator to the existing facility would have minor impact upon the area currently available for agriculture as existing vineyard and orchard areas will be further reduced in size. It would appear that the commercial agricultural operation of the 9ha rural holding has ceased and that the primary use of the site will be commercial laboratory research and development of food and feed products.

 

Clause 10 – General considerations for development within rural zones

 

The proposed development will not have an adverse impact upon vegetation, timber production, land capability (including soil resources and soil stability), water resources, future recovery of mineral deposits, or the protection of scenic or recreational areas.

 

The modified development utilizes existing facilities located upon the holding. Conditions of consent have ben drafted to address current issues relating to on site waste water disposal

           

Clause 24 – Access

 

Access to the site is to be from the existing Underwood Road access way. The road is a local road; however the application was referred to the RMS given traffic from the site accesses the local road from The Escort Way being classified as a Main Road.

 

The RMS has no requirements of the development.

 

REGIONAL ENVIRONMENTAL PLANS

 

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

 

STATE ENVIRONMENTAL PLANNING POLICIES

 

SEPP 44 - 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.

 

Rural Lands SEPP

 

This Sepp applies to the land. A modified development is not inconsistent with the provisions.

 

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

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

 

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

 

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

 

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

The proposed modification does not contravene the relevant provisions of the regulations.

 

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

 

Noise impact

 

The modified development application seeks to delete condition 42(c) Environmental ControlNoise Assessment. This is based on claims that the reports have been undertaken since 2015 and no concerns or issues have been raised by these reports. The proponent also submits that the proposed evaporator unit is located well towards the centre of the site and does not include noise generating equipment except for small electric pumps that are to be housed at the base of the structure.

 

In regards to the above claims by the proponent, previous noise studies have been undertaken and identified that day time operational noise levels at several nearby residences exceed the relevant criteria as established by the NSW EPA Industrial Noise Policy. The study also recommends further noise assessment to confirm the effectiveness of the mitigation and / or identify any requirements for further noise abatement. This was previously included as a condition of consent and should be maintained to ensure existing noise levels and noise levels from the proposed new evaporator unit are below NSW EPA industrial noise threshold.

 

It should be noted Council is in receipt of numerous written complaints regarding noise impacts from the site. In response to these Council staff have engaged with Agritechnology to address these matters appropriately. Council acknowledges measures have been undertaken to reduce noise impact to neighbourings residents and proper management of the laboratory equipment is beneficial to this. For this reason reduced noise assessment reporting could be considered, from quarterly to half yearly reporting. This would ensure best practice management of the site and accountability of the proponent.

 

It is noted noise impacts have been raised in each of the three submissions received by Council in objection to the development. These submissions have been addressed later in the assessment report.

 

 

Odour

 

The modified development application seeks to delete condition 42(b) Environmental Control – Odour Assessment. In addressing the potential impacts from odour the proponent has submitted there are no aspects of the proposed modification that would cause adverse or additional odour impact and that the evaporator unit essentially represents an improved method of treating wastewater in a sealed system and does not represent a potential odour source.

 

While the proposed modification application does not represent any additional sources of odour, this does not negate the requirement for quarterly reporting. From submissions received by three neighbouring residents it is evident that odour emmitted from the site is an on-going problem when environmental conditions allow. For this reason, odour assessment should be maintained at the current rate of quarterly reporting or reduced to half yearly reporting. It should not be removed entirely, this is to ensure the proponent remains accountable for odour impacts from the site.

 

Water quality

The proponent seeks to delete condition 40(a) on-site effluent management which currently requires monthly reporting. The proposed evaporator unit will recycle the majority of the wastewater back into the process. Small volumes of wastewater will continue to be generated by washing activities and will continue to be managed on-site. The installation of an evaporator is considered to be a higher level of waste water management which will ultimately be better for local water quality. Environmental reporting will be required to measure the existing waste system, and ultimately the proposed evaporator. It is suggested that the condition of consent be amended to require quarterly monitoring.

 

Visual amenity

No change from previous assessment of impact to visual amenity from the development. 

 

Access and traffic

No change from previous assessment of access and traffic arrangements at the site.

 

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

 

Physical Attributes and Hazards

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

 

DEVELOPMENT CONTRIBUTIONS

 

No contributions apply to the development.

 

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

 

The proposed development was neighbourhood notified.  Three (3) submissions were received by the close of the exhibition phase.  Issues raised in the submissions are summarised as follows:

 

Submission

Issues

Comment

 

1

 

Documentary evidence of wastewater disposal be continued so that it can be substantiated that this new method of effluent reduction is best practice & good quality control.

 

 

No proposed changes to wastewater management practices except for the installation of new evaporator which will be beneficial to the site.

 

 

Condition 42(b) odour assessment & 42 (c) noise assessment be continued on a quarterly basis.

 

 

Noted. It is recommended that reporting obligations remain on the conditions of consent.

 

2

 

The proposed evaporator unit is not included in the noise assessment conducted previously. Similarly there was no assessment of the odour likely to be generated by a change in the disposal of waste water. It is impossible to conduct a noise assessment without instrumental measurement on-site of noise produced by the machinery. Council is requested to insist on an actual assessment, similar to what was conducted previously, to ensure the evaporator is compliant with conditions.

 

 

Noted. If reporting obligations are retained, the proposed evaporator unit will be included in noise and odour assessments.

 

 

 

On a date in June 2017 an unacceptable odour persisted all morning, the wind being in the north and blowing from the plant to our property.

 

 

Noted

 

 

 

Condition 42(b) odour assessment & 42 (c) noise assessment be continued on a quarterly basis.

 

 

Noted. It is recommended that reporting obligations remain on the conditions of consent.

 

3

 

It does appear that waste disposal conditions have been adhered to and the frequency of odours events has diminished, however during the warmer months, when temperature and wind direction allow, we have encounted some distinctive odours coming from the site... and requires us to enter indoors and close up the premise.

 

While complaints in regard to noise and odour are claimed to have diminished, impacts are clearly still felt by surrounding residents if environmental conditions allow.

 

 

 

Condition 42(b) odour assessment & 42 (c) noise assessment be continued on a quarterly basis.

 

Noted. It is recommended that reporting obligations remain on the conditions of consent.

 

Public authority consultation

The modified development application was not referred to any public authority for consultation.

 

PUBLIC INTEREST s79C(1)(e)

 

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

 

CONCLUSION

The proposal has been assessed under Section 96 and Section 79C Environmental Planning & Assessment Act 1979 including the relevant provisions of Cabonne Local Environmental Plan 1991 and Development Control Plan No 5 – General Rural Zones.  The development satisfies the relevant provisions of these instruments.

Any issues with the proposed modified development have been identified during the assessment of the application.  It is considered that the application can be approved as submitted subject to the consent being modified in the following ways:

1.   Amend Condition 1 Development in accordance with Plans

2.   Amend Condition 40(a) On-site Effluent Management.

Attached is a draft Notice of Approval outlining the existing and proposed amendments to the conditions of development consent. The conditions are considered appropriate to ensure that the development proceeds in an acceptable manner.

 

 

ITEM 18 - 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 - 858520

 

 

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 19 - 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 - 858521

 

 

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 20 - 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 - 858523

 

 

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 21 - 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 - 858525

 

 

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 22 August 2017

Item 7 - Annexure 1

 

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Item 7 Ordinary Meeting 22 August 2017

Item 7 - Annexure 2

 

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Item 10 Ordinary Meeting 22 August 2017

Item 10 - Annexure 1

 

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Item 13 Ordinary Meeting 22 August 2017

Item 13 - Annexure 1

 

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Item 14 Ordinary Meeting 22 August 2017

Item 14 - Annexure 1

 

DRAFT CONDITION OF DEVELOPMENT CONSENT

DA 2017/0178

 

 

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 2017/178) 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.

 

For the purposes of Section 80A (11) of the Environmental Planning and Assessment Act 1979, as amended and Clause 98, 98A and 98B of the Environmental Planning and Assessment Regulation 2000 the following conditions are prescribed.

 

2.   BUILDING CODE OF AUSTRALIA – AUSTRALIAN STANDARDS

 

Objective

 

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

 

Performance

 

The approved building work must meet the relevant Australian Standards and the performance requirements of the Building Code of Australia as at the time of lodgement for a CC. 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.   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 licence 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.

 

4.   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

 

For the purposes of Section 80A of the Environmental Planning and Assessment Act 1979, as amended the following conditions are non prescribed.

 

5.   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.

 

 

6.   APPLICATION FOR CERTIFICATION

 

Objective

 

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

 

Performance

 

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

 

CONSTRUCTION CERTIFICATE

OCCUPATION CERTIFICATE

 

 

7.   DRAINAGE

 

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.      to the existing storm water drainage system

2.      to the street gutter

 

8.   SOIL EROSION

 

Objective

 

To prevent soil erosion during the course of development.

 

Performance

 

Measures are to be taken during the course of development to ensure satisfactory stabilisation of exposed areas to prevent soil erosion.

9.   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 and Public Holidays. This includes site works and deliveries.

 

10. 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 licence 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.

 

 

11. USE OF FOOTPATHS

 

Objective

To permit access over public places.

Performance

a)      The storage of materials or the placement of sheds is not permitted on footpaths, roadways or in reserves.  Rubbish and building materials must be contained on the site.

b)      No material, goods or machinery shall be stored, placed or otherwise permitted to stand between the building line and the street alignment.

 

12. WALL/ROOF CLADDING (advisory note)

 

Objective

To reduce the visual reflective impact on adjoining properties.

Performance

Non-reflective finish materials to be used on the wall/roof cladding.

 

13. PHOTOGRAPHIC RECORD OF THE EXISTING BUILDING

Objective

To ensure adequate heritage conservation of the site.

 

Performance

A professional photographic record is to be made of the structure prior to works commencing and a copy provided to council for its records. This is standard condition with demolitions of heritage places and will assist in the future reinstatement of the stonework and roof.

 

14. SCOPE OF WORKS

Objective

To clearly identify the scope of works

 

Performance

Modified plans prepared by a suitably qualified structural engineer are to be provided to council prior to commencement of demolition works, with the modified plans to clearly show the scope of the proposed demolition, materials storage and mitigation works to safeguard the remnants.

 

15. SITE SUPERVISION

Objective

To ensure adequate site supervision

 

Performance

A suitably qualified structural engineer will be required to attend the site during the work, to ensure the works are completed in accordance with the scope and that any variations are necessary after consideration of all reasonable options.


Item 16 Ordinary Meeting 22 August 2017

Item 16 - 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 2017/147 Saunders & Staniforth, ref 1288 Peabody, Sheets 1 to 4, dated 10 March 2017 and Farm Management Plan, ref 1288 Peabody, Sheet 2 of 4, dated 29 June 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 dwelling and attached car garage 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.   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.

 

 

5.   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 and approved by Council prior to any plumbing work commencing.

 

 

6.   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.

 

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 5.00pm Monday to Saturday

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. BASIX CERTIFICATE

 

Objective

 

To ensure the dwelling is constructed in the approved manner.

Performance

 

All the required commitments shown on the Basix Certificate (No: 804039S, dated 13 March 2017) and approved plans are to be completed PRIOR to a Final Occupation Certificate being issued.

 

 

14. WALL/ROOF CLADDING

 

Objective

 

To reduce the visual reflective impact on adjoining properties.

 

Performance

 

Non-reflective finish materials to be used on the wall/roof cladding.

 

 

15. 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.

 

 

16. 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.

 


Item 17 Ordinary Meeting 22 August 2017

Item 17 - 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 No DA2001/37 McKinnon Design, Job No. 14024, drawing No. da1 to da6) and documentation submitted with the application and subject to the conditions below, to ensure the development is consistent with Council’s consent. 

 

NOTE:  Any alterations to the approved development application plans must be clearly identified WITH THE APPLICATION FOR A CONSTRUCTION CERTIFICATE. 

 

The Principal Certifying Authority for the project may request an application for modification of this consent or a new application in the event that changes to the approved plans are subsequently made will be subject to 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.      STAGED DEVELOPMENT

 

Objective

 

To allow the development to be carried out in stages.

 

Performance

 

The proposal is to be carried out in the following stages;

 

Stage 1           Creation of proposed lots 2 and 3, together with the construction of the laboratory/flat.

 

Stage 2           Construction of a 70 tonne winery on proposed lot 3, cellar door sales and a dwelling house. NOTE: Stage 2 development is subject to the submission of documentary evidence proving access to a legal and adequate supply of water for the winery and associated vineyard.

 

Stage 3           Re-subdivision of lot 2 into proposed lots 1 and 2. NOTE: Stage 3 development is subject to the applicant demonstrating that a lawful and adequate water supply is available for the purposes of agriculture.

 

 

 

 

 

 

 

 

 

 

CONDITIONS FOR STAGE 1

 

SUBDIVISION

 

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 the appointment BEFORE WORKS COMMENCE.

 

That Certifying Authority may be the Council, or an Accrediated 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 to satisfy the requirements of Condition 7

COMPLIANCE CERTIFICATE to satisfy the requirements of Condition 7

SUBDIVISION CERTIFICATE to satisfy the requirements of Condition 9

 

5.         LOT DESIGN AND PURPOSE

 

Objective

 

To ensure the subdivision proceeds in accordance with Council’s consent and that the purpose of the newly created Lots is clarified in the context of Cabonne Local Environmental Plan 1991.

 

 

 

Performance

 

(a)        Surveying of the subject land will be generally in accordance with the approved development consent.

(b)        Lot 1 has been approved as a residue lot containing and existing dwelling (Clause 12(4) of Cabonne Local Environmental Plan 1991. Lot 1 shall comprise the whole of proposed lots 1 and 2.

(c)        Lot 3 has been created in accordance with Clause 15 of the Cabonne LEP 1991.

 

 

6.         BUSH FIRE CONTRIBUTIONS

 

Objective

 

To make an equitable contribution towards improvement of Bush Fire Services and Amenities for the specified Brigade. The contribution has been levied in accordance with Council’s Bushfire Services Contribution Plan, February, 1993.

 

A copy of the plan is available for inspection at Council’s Department of Environmental Services, Kite Street, Orange, during business hours.

 

Performance

 

Prior to release of the Linen Plan the applicant is required to make a contribution of $385 towards the improvement of bushfire services and amenities for the Borenore Bushfire Brigade (Income No: 15080.026).

 

7.         ROAD IMPROVEMENT CONTRIBUTION (SUBDIVISION)

 

Objective

 

To make equitable contribution to address the impacts of development on Council roads. The contribution has been levied to make improvements to the stated road in accordance with Council’s Road Contributions Plan dated January 1993, (General Rural Zone) or June 1993 (Rural Small Holdings Zone).

 

Performance

 

The applicant is required to make a road contribution to Underwood Road (Income No. 15085.279) of:

 

Lot 1  $1368

Lot 3  $4377.33

 

Total $5745.33

 

The contribution is to be paid prior to the issue of the subdivision certificate.

 

8.          PROVISION OF PRIVATE ACCESS TO RURAL ROAD

 

Objective

 

To ensure that a safe and practical access is provided to the subject land.

 

 

Performance

 

The applicant at his/hers full cost is required to provide an access to the Lot 3 in accordance with Councils Specification for private access to a Rural Road – 1998. The access is to be located approximately 45 metres from the northern boundary on Underwood Road. The access is to be constructed prior to the issue of the subdivision certificate.

 

9.         ROAD RE-ALIGNMENT – UNDERWOOD ROAD

 

Objective

 

To facilitate traffic safety on Underwood Road

 

Performance

 

As part of the Subdivision survey works, the applicant is to excise and dedicate as public road a piece of land indicated on the attached plan. Land value compensation will be paid by Council at the same rate as that paid by the applicant for the purchase of the unimproved lot with any survey and dedication works being met by the applicant.

 

10.       REGISTRATION OF PLAN OF SUBDIVISION

 

Objective

 

To ensure compliance with Section 109C (1)(d) of the Environmental Planning and assessment Act 1979, as amended.

 

Performance

 

An application for a SUBDIVISION CERTIFICATE is to include five (5) copies of an original Plan of Subdivision prepared by a Registered Surveyor to be lodged at the Land Titles Office.

 

11.       IMPACT ON RATES

 

Note:

 

Please note that after subdivision has occurred, this land will not be rated the same as it has previously been rated. Each block created will attract its own general rate, water and sewerage rates, if appropriate, either connected or unconnected and waste management charge.

 

Under special circumstances, however, the Valuer General may amalgamate the newly created blocks for rating purposes but YOU must apply to that Department to do so.

 

The ACTUAL rate to be charged cannot be determined until the Valuer General has separately valued each new parcel of land, but an ESTIMATE of rating be obtained by Council’s Rates Department on (02) 6366 8303.

 

12.       PROVISION OF POWER FOR SUBDIVISION

 

Objective

 

To ensure financial equity in providing adequate power supply for newly created lot 3.

 

Performance

 

Prior to the issuing of a Subdivision Certificate, the applicant will submit a Compliance Certificate from the Electricity Authority indicating that arrangements have been made for the supply of mains power to proposed lot 3.

 

CONDITIONS FOR LABORATORY/FLAT

 

13.       APPLICATION FOR CERTIFICATION

 

Objective

 

To satisfy the post-consent requirements of the 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 to satisfy the requirements of Condition 13

COMPLIANCE CERTIFICATE to satisfy the requirements of Condition 15 a-j

OCCUPATION CERTIFICATE to satisfy the requirements of Condition 15j

 

14.       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 No DA2001/37) and documentation submitted with the application and subject to the conditions below, to ensure the development is consistent with Council’s consent. 

 

NOTE:  Any alterations to the approved development application plans must be clearly identified WITH THE APPLICATION FOR A CONSTRUCTION CERTIFICATE. 

 

The Principal Certifying Authority for the project may request an application for modification of this consent or a new application in the event that changes to the approved plans are subsequently made will be subject to 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.

 

15.       COMPLIANCE CERTIFICATES – Building Construction

 

The following compliance certificates are to be submitted to Council following inspections carried out by the Principal Certifying Authority:-

 

a)   Completion of pier holes prior to pouring of concrete.

b)   Floor slab preparation including waterproof membrane, with reinforcement in position, on chairs, prior to placement of concrete.

c)   Sub-floor frame, including bearers, joists and ant caps.

d)   Wall and roof framing prior to the fixing of internal linings, including internal hot and cold water plumbing, under water test

e)   Internal hot and cold water plumbing prior to lining, under water test.

f)    External drainage lines, under water test.

g)   Internal drainage lines, under water test.

h)   On-site sewerage management system (issued by Council only)

i)    Completion of wet area waterproofing.

j)    Completion of the building, prior to occupation or use. NB: For buildings other that Class One (a) and Ten buildings, an occupation certificate is required to be submitted at this stage.

 

16.       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.

 

17.       NOISE

 

Objective

 

To limit the impact of noise on adjoining properties.

 

Performance

 

1)         Building work may be carried out on the site between the following hours:

 

7.00am and 7.00pm Monday to Friday

7.00am and 5.00pm Saturdays

8.00am and 5.00pm Sundays and Public Holidays

* This includes site works and delivery of materials

 

18.       IDENTIFICATION OF SITE

 

Objective

 

To clearly identify the site to comply with Local Government Regulations.

 

Performance

 

Provide a clearly visible sign to the site stating:

 

a)   Unauthorised entry is prohibited

b)   Builders name and licence number; or owner builder permit number,

c)   Street number or lot number

d)   Contact telephone number/after hours number.

 

 

 

 

 

19.       SOIL EROSION

 

Objective

 

To protect water catchments.

 

Performance

 

Provide an 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 storm water system/catchments.

 

20.       PROVISION OF WORKING DRAWINGS

 

Objective

 

To ensure structural adequacy.

 

Performance

 

Full working drawing and Structural Engineers details are to be provided to the P.C.A prior to the release of any construction certificates.

 

21.       LAND OWNERSHIP

 

Objective

 

To ensure building works occur on the owners land.

 

Performance

 

Prior to commencement of any construction work Council must be in receipt of the Notice of Transfer of Land of the said property.

 

22.       CHANGE OF USE

 

Objective

 

To ensure use is in accordance with building classification.

 

Performance

 

No change in the use of the building is permitted without Council’s prior approval.

 

22.a) SCALE OF DEVELOPMENT

 

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. This includes the size of the vehicles entering and leaving the site associated with the development.

 

23.       SITE PLANS

 

Objective

 

To ensure works occur in accordance with the approval.

 

Performance

 

A complete set of approved plans and specification are to be on site while building work is in progress.

 

24.       TREATMENT OF EXPOSED TIMBER

 

Objective

 

To protect exposed timber.

 

 

Performance

 

All exposed timber is to be painted or coated with an approved timber preservative in accordance with AS 3730.

 

25.       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 a least 90,000 litres of water for domestic purposes are to be provided, 10,000 litres of which are to be retained 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 some suitable outlet and access to the storage for conventional fore fighting suction hose being, for above ground storage.

1.   The outlet for fire fighting purposes should be fitted with a 50mm STORZ fitting and ball valve.

2.   The outlet for (1) above should be located so that access for fire fighting units is provided, i.e. directly where there is vehicle access to the outlet or via plumbing where such direct access is not possible.

 

 

26.       FOOTING AND SITE PREPARATION

 

Objective

 

To ensure structural strength and integrity.

 

Performance

 

Concrete having a minimum compressive strength of 20Mpa after twenty eight (28) days shall be used in the construction of the footings and suspended concrete slab in accordance with AS 2870.1-1996.

 

27.       FOOTING DESIGN

 

Objective

 

To ensure structural strength and integrity.

 

Performance

 

Footings to be designed by a Structural Engineer based on the information of a geotechnical report of the foundation material, in accordance with the requirements of AS 2870.2-1996.

 

28.       TERMITE PROTECTION

 

Objective

 

To prevent damage sue to termite invasion.

 

Performance

 

In accordance with the Building Code of Australia, all structural memebers, consisting entirely of, or a combination of, any of the following materials are considered not to be subject to termite attack:

 

a.   Steel

b.   Concrete

c.   Masonry

d.   Fibre-reinforced cement

e.   Timber – naturally termite resistant in accordance with Appendix A of AS3660.1

f.    Timber – preservative treated in accordance with Appendix B of AS 3660.1

 

However, should this not be the case, the structural members must be protected from attack by subterranean termites in accordance with the Australian Standard 3660.1 – 1995: Protection of Buildings from subterranean termites.

 

On completion of the installation of the barrier, Council shall be furnished with a certificate from the person responsible, stating that the barrier complies with AS 3660.1.

 

A durable notice shall be permanently fixed to the inside of the electrical meter box indicating:

 

i)          The method of protection

ii)         The date of installation of the system

iii)         Where a chemical barrier is used, its life expectancy as listed on the National Registration Authority label; and

iv)        The need to maintain and inspect the system on a regular basis.

 

It is important to realise that subterranean termites may damage timber and timber products or any material containing cellulose – their principal food and this could include the buildings contents such as furniture, printed materials, fabric, clothing, footwear, packing cases and tools.

 

For this reason, Council recommends that the entire house id protected in accordance with AS6330.1 – 1995.

 

In the unfortunate event that a termite invasion may occur, the builder or owner builder may be held liable for damages.

 

29.       TIMBER FRAMING CODE

 

Objective

 

To ensure structural sufficiency of the building.

 

Performance

 

The requirements of AS 1684 – 1992. National Timber Framing Code to be met.

 

30.       FLOORS – WET AREAS

 

Objective

 

To prevent moisture affecting the stability of the building or creating unhealthy or dangerous conditions in the event of water overflow from fixtures.

 

Performance

 

The floors of bathroom, shower rooms, water closets, ensuites and laundries are to be covered with an approved impervious material in accordance with AS 3745 – 1994 and properly graded to a floor waste.

 

31.       WET AREAS – WATER PROOFING

 

Objective

 

To ensure that the waterproofing of the wet areas comply with the relevant Australian Standard.

 

Performance

 

All wet areas must be waterproofed in accordance with the Australian Standard AS 3740 – 1994. Certification must be provided prior to occupation or use. The certification must state:-

 

i)          The name of the person who carried out the work

ii)         The material that was used

iii)         That the work was carried out in accordance with the Australian Standard 3740 – 1994

iv)        Date that the work was carried out.

 

 

32.       WATER EFFICIENCY (ADVISORY)

 

Objective

 

To promote water efficiency and conserve the regions water resources

 

Performance

 

Owner/builders are encouraged to utilise water efficiency devices such as;

 

·    AAA water efficient shower heads

·    Flow regulators

·    Dual flush cisterns

 

33.       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.

 

34.       PROVISION OF FLOOR WASTE

 

Objective

 

To prevent moisture affecting the stability of building or creating unhealthy or dangerous conditions in the event of water overflow from the fixture.

 

Performance

 

A floor waste is to be provided in the (a) laundry, (b) water closet, (c) ensuite, (d) bathroom.

 

35.       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 at the time if inspection.

 

36.       STORMWATER – GENERAL

 

Objective

 

To prevent damage to property and to prevent the creation of unhealthy or dangerous conditions.

 

Performance

 

Guttering and down piping shall be provided and feet of down piping are to be connected to a 100mm eartherware or 90mm PVC pipeline and stormwater shall be disposed of:

 

i)          To existing stormwater drainage system

 

37.       EXHAUST FAN

 

Objective

 

To ensure the proper operation of the fan to prevent the spread of fire and to ensure that there is no adverse effect on the building.

 

Performance

 

Kitchen smoke and fume exhausts, excluding the recirculating type shall be discharged directly to the outside air via a continuous metal duct.

 

38.       SMOKE DETECTORS

 

Objective

 

To ensure compliance with the Building Code of Australia.

 

Performance

 

Smoke detectors and alarms are to be provided in accordance with the requirements of AS3786.

 

39.       ON-SITE SEWAGE MANAGEMENT (SUPERSEDED)

 

Objective

 

To ensure adequate disposal of effluent.

 

Performance

 

On-site sewage management systems are to be designed and installed in accordance with the recommendations of Terra Consulting (NSW) Pty Ltd in their On-site Sewage Management report R9070(a) dated 29 September 2000 and amending letter to Cabonne Council dated 18 October 2000.

 

40. a)    ON-SITE EFFLUENT MANAGEMENT (REVISED)

 

Objective

 

To ensure adequate disposal of effluent.

 

Performance

 

On-site sewage management systems are to be designed and installed in accordance with the recommendations of Envirowest Consulting Pty Ltd for Agritechnology fermentation plant Ref R13632e dated 1 May 2014, and the documentary evidence be provided on a quarterly basis to Council of off-site wastewater disposal.  

 

41.       SIGNAGE

 

Objective

 

To facilitate traffic safety and maintain visual amenity.

 

Performance

 

The consent of Council’s Local Traffic Committee and the RTA is to be obtained for the erection of any signage on the The Escort Way to Underwood Road at the Escort Way intersection.

 

The consent of Council’s Local Area Traffic Committee is to be obtained for the erection of any signage on Underwood Road south of The Escort Way or adjoining private property.

 

41.a) PROVISION OF BUFFER LANDSCAPING

 

Objective

 

To provide visual amenity to the precinct.

 

Performance

 

A detailed landscape plan is to be submitted to council for approval with such plan to provide details of additional permitted landscaping adequate to provide a visual buffer between the development and neighbouring properties. Landscaping is to be provided on site prior to the issue of an occupation certificate.

 

42. b)    ENVIRONMENTAL CONTROL – ODOUR ASSESSMENT

 

Objective

 

For adequate environmental management of the development.

 

Performance

 

An odour assessment report is to be provided to council on a quarterly basis, reflecting the recommendation contained within the odour report submitted with the modification application.

 

 

42.c) ENVIRONMENTAL CONTROL – NOISE ASSESSMENT

 

Objective

 

For adequate environmental management of the development.

 

Performance

 

A noise assessment report is to be provided to council on a quarterly basis, reflecting the recommendation contained within the noise report submitted with the  modification application.

 

43.       ELECTRICITY SUPPLY TO LABORATORY

 

Objective

 

To ensure that there is adequate electricity supply available to the proposed winery/laboratory.

 

Performance

 

The applicant will meet all costs associated with connection of the proposal to the electricity supply. Documentary evidence is required from the Power Authority detailing connection prior to the release of the construction certificate for the winery/laboratory.

 

CONDITIONS RELATING TO STAGE 2

 

44.       DEVELOPMENT IN ACCORDANCE WITH PLANS

 

Objective

 

To ensure development proceeds in the manner assessed by Council.

 

Performance

 

Development is to take place in accordance with the attached stamped plans (Ref No DA2001/37) and documentation submitted with the application and subject to the conditions below, to ensure the development is consistent with Council’s consent. 

 

NOTE:  Any alterations to the approved development application plans must be clearly identified WITH THE APPLICATION FOR A CONSTRUCTION CERTIFICATE. 

 

The Principal Certifying Authority for the project may request an application for modification of this consent or a new application in the event that changes to the approved plans are subsequently made will be subject to 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.

 

45.       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 to satisfy the requirements of Condition 42

COMPLIANCE CERTIFICATE to satisfy the requirements of Condition 51

OCCUPATION CERTIFICATE to satisfy the requirements of Condition 51j

 

 

 

 

46.       WATER SUPPLY

 

Objective

 

To ensure that there is an adequate and lawful supply of water available to service the proposed winery and vineyard on proposed Lot 3.

 

Performance

 

The applicant is to supply Council with documentary evidence proving access to a legal and adequate supply of water for the winery and associated vineyard on Lot 3.

 

47.       SIGNAGE

 

Objective

 

To facilitate traffic safely and maintain visual amenity.

 

Performance

 

The consent of Council’s Local Traffic Committee and the RTA is to be obtained for the erection of any signage on the The Escort Way to Underwood Road at the Escort Way intersection.

 

The consent of Council’s Local Area Traffic Committee is to be obtained for the erection of any signage on Underwood Road south of The Escort Way or on adjoining private property.

 

48.       NOISE CONTROL

 

Objective

 

To ensure the development does not cause a noise impact on neighbouring properties.

 

Performance

 

Noise emissions from the operation of the winery must:

 

(a)  Not exceed an LA10(15 minute) noise emission limit of 35dB(a) during the day (7am to 10pm) within one metre of any affected residence; and

(b)  Not exceed an LA10(15 minute) noise emission limit of 35db(A) during the night (10pm to 7am) within one metre of any affected residence.

 

49.       WINERY WASTE MANAGEMENT

 

Objective

 

To ensure environmental damage does not occur.

 

Performance

 

All winery effluent shall be treated and disposed of generally in accordance with the ‘Draft Effluent Management Guidelines for Wineries and Distilleries’ publication produced by The Agriculture and Resource Management Council of Australia and New Zealand and the Australian and New Zealand Environmental and Conservation Council.

 

The applicant shall submit to Cabonne Council an Effluent Management Plan prior to the issue of the Construction Certificate for the Winery.

 

Grape Marc is to be stockpiled and composted on a suitably sized concrete area, which has been adequately bunded and drained to the wastewater management plan.

 

Following spreading, grape marc is to be incorporated into the soil by disc-ploughing within 12 hours of spreading. The proposed winery is to be operated at all times in such a manner that noise and odour nuisances do not occur.

 

Irrigation of effluent must at all times be carried out to comply with Section 120 of the Protection of the Environment Operations Act 1997 prohibiting the pollution of waters. Spray from wastewater application must not drift beyond the boundaries of the property.

 

50.       ELECTRICITY SUPPLY TO WINERY

 

Objective

 

To ensure that there is adequate electricity supply available to the proposed winery/laboratory.

 

Performance

 

The applicant will meet all costs associated with connection of the proposal to the  electricity  supply.    Documentary  evidence  is  required  from  the  Power Authority   detailing   connection   prior  to  the   release   of   the   construction certificate for the winery/laboratory.

 

51. WINERY PRODUCTION

Objective

To ensure that the development proceeds in accordance with this consent.

 

 

Performance

 

This consent is for the purposes of a 70 tonne winery for fruit produced on the site or alternatively bought in.   If production is proposed to exceed 70 tonnes per annum, a new development application will be required.

 

52. PESTICIDES ACT 1999 (Advisory)

Objective

To comply with the provisions of the Pesticides Act 1999.

 

 

Performance

 

To applicant is to ensure compliance with the Pesticides Act 1999 in regards to the proposed viticultural activity, at all times.

 

 

53.       COMPLIANCE CERTIFICATES - Building Construction

 

The following compliance certificates are to be submitted to Council following inspections carried out by the Principal Certifying Authority:-

 

 

a)       Completion of pier holes prior to pouring of concrete.

b)         Floor          slab       preparation       including      waterproof       membrane,      with reinforcement in position, on chairs, prior to placement of concrete.

c)        Sub-floor frame, including bearers, joists and ant caps.

d)          Wall  and  roof  framing  prior  to the  fixing of internal  linings,  including internal hot and cold water plumbing, under water test.

e)        Internal hot and cold water plumbing prior to lining, under water test.

f)          External drainage lines, under water test. g) Internal drainage lines, under water test.

g)         On-site sewage management system (issued by Council only). i)    Completion of wet area waterproofing.

h)        Completion  of  the  building,  prior  to  occupation  or  use.     NB:   For

buildings  other  than  Class  One (a)  and ten buildings,  an occupation certificate is required to be submitted at this stage.

 

54.           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..

 

55.           NOISE

Objective

To limit the impact of noise on adjoining properties.

 

 

Performance

 

            Building  work  may be carried  out  on  the  site between  the  following hours:

 

7.00am and 7.00pm Monday to Friday

7.00am and 5.00pm Saturdays

8.am and 5.00pm Sundays and Public Holidays

* This includes site works and delivery of materials.

 

 

 

 

 

 

56.          IDENTIFICATION OF SITE

Objective

To clearly identify the site to comply with Local government Regulations

 

Performance

 

Provide a clearly visible sign to the site stating:

 

 

a)                        Unauthorised entry is prohibited

b)                         Builders  name  and  licence  number;  or  owner  builders  permit number;

c)                         Street number or lot number

d)                         Contact telephone number/after hours number.

 

 

57.         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 storm water system/catchment.

 

58.         PROVISION OF WORKING DRAWINGS

Objective

To ensure structural adequacy.

 Performance

Full working drawings and Structural Engineers  details are to be provided to the P.C.A. prior to the release of any construction certificates.

 

59.         LAND OWNERSHIP

Objective

To ensure building works occur on the owners land.

 

 

Performance

 

Prior to commencement of any construction work Council must be in receipt of the Notice of Transfer of Land of the said property.

 

60.          CHANGE OF USE

Objective

To ensure use is in accordance with building classification.

 

 

Performance

 

No  change  in  the  use  of  the  building  is  permitted  without  Council's  prior approval

 

61.         SITE PLANS

Objective

To ensure works occur in accordance with the approval.

 

 

Performance

 

A complete set of approved plans and specifications are to be on site while building work is in progress.

 

62.         TREATMENT OF EXPOSED TIMBER

 Objective

To protect exposed timber.

 

 

Performance

 

All  exposed  timber  is  to  be  painted  or  coated  with  an  approved  timber preservative in accordance with AS 3730.

 

63.         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, 10,000 litres of which are to be retained 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 some suitable outlet and access to the storage for conventional fire fighting suction hose being, for above ground storage.

 

1.  The outlet for fire fighting purposes should be fitted with a 50mm STORZ fitting and ball valve.

2. The outlet for (1) above should be located so that access for fire fighting units is  provided,  i.e.  directly where  there  is  vehicle access to the outlet or via plumbing where such direct access is not possible.

 

64.            FOOTINGS AND SITE PREPARATION

Objective

To ensure structural strength and integrity.

 

Performance

 

Concrete having a minimum compressive strength of 20Mpa after twenty eight (28) days shall be used in the construction of the footings and suspended concrete slab in accordance with AS 2870.1 - 1996.

 

65.            FOOTING DESIGN

Objective

To ensure structural strength and integrity.

 

Performance

 

Footings to be designed by a Structural Engineer based on the information of a geotechnical report of the foundation material, in accordance with the requirements of AS 2870.1 - 1996.

 

 

66.            TERMITE PROTECTION

Objective

To prevent damage due to termite invasion.

 

Performance

 

In accordance with the Building Code of Australia, all structural members, consisting entirely of, or a combination of, any of the following materials are considered not to be subject to termite attack:

a)   steel

b)   concrete

c)   masonry

d)   fibre-reinforced cement

e)   timber - naturally termite resistant in accordance with Appendix A of AS 3660.1

f)    timber - preservative treated in accordance with Appendix B of AS 3660.1.

 

 

 

However,  should  this  not  be  the  case,  the  structural  members  must  be protected  from  attack  by  subterranean  termites  in  accordance  with  the Australian Standard 3660.1 - 1995: Protection of Buildings from subterranean termites.

 

On completion of the installation of the barrier, Council shall be furnished with a certificate from the person responsible, stating that the barrier complies with AS 3660.1.

 

A durable notice shall be permanently fixed to the inside of the electrical meter box indicating:

 

v)    the method of protection

vi)   the date of installation of the system

vii)  where a chemical barrier is used, its life expectancy as listed on the National Registration Authority label; and

viii)  the need to maintain and inspect the system on a regular basis.

 

It is important to realise that subterranean termites may damage timber and timber products or any material containing cellulose - their principal food and this could include the buildings contents such as furniture, printed materials, fabric, clothing, footwear, packing cases and tools.

 

For this reason, Council recommends that the entire house is protected in accordance with AS3660.1 - 1995.

 

In the  unfortunate  event that  a termite  invasion  may  occur,  the  builder  or owner builder may be held liable for damages.

 

67.       TIMBER FRAMING CODE

 

Objective

 

To ensure structural sufficiency of the building.

 

 

Performance

 

The requirements of AS 1684 - 1992, National Timber Framing Code are to be met.

 

68.            FLOORS - WET AREAS

Objective

To prevent moisture affecting the stability of the building or creating unhealthy or dangerous conditions in the event of water overflow from fixtures.

 

 

Performance

 

The floors of bathroom, shower rooms, water closets, ensuites and laundries are to be covered with an approved impervious material in accordance with AS 3745-  1994 and properly graded to a floor waste.

 

 

69.            WET AREAS -WATER PROOFING

Objective

To ensure that the waterproofing of the wet areas comply with the relevant

Australian Standard.

 

 

Performance

 

All wet areas must be waterproofed in accordance with the Australian Standard AS 3740- 1994.  Certification must be provided prior to occupation or use.  The certification must state:-

 

i)               the name of the person who carried out the work ii)      the material that was used

iii)             that  the  work  was  carried  out  in  accordance  with  the  Australian

Standard 3740-  1994

iv)             date that the work was carried out.

 

70.           WATER EFFICIENCY (ADVISORY)

Objective

To promote water efficiency and conserve the regions water resources.

 

Performance

 

 

Owner/builders are encouraged to utilise water efficiency devices such as:

 

·    AAA water efficient shower heads

·    Flow regulators

·    Dual flush cisterns

 

71.           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.

 

72.           PROVISION OF FLOOR WASTES

 

Objective

 

To prevent moisture affecting·the stability of building or creating unhealthy  or dangerous  conditions  in the event of water overflow from the fixture.

 

 

Performance

 

A floor waste is to be provided  in the (a) laundry, (b) water closet, (c) ensuite, (d) bathroom.

 

73.           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 at the time of inspection.

 

74.           STORMWATER GENERAL

 

Objective

 

To prevent damage to property and to prevent the creation of unhealthy or dangerous  conditions.

 

Performance

 

Guttering and down piping shall be provided and feet of down piping are to be connected to a 1OOmm earthenware or 90mm PVC pipeline and stormwater shall be disposed of:

 

 

ii)   to existing stormwater drainage system

 

 

75.           EXHAUST FANS

 

Objective

 

To ensure the proper operation of the fan to prevent the spread of fire and to ensure that there is no adverse effect on the building.

 

 

 

Performance

 

Kitchen smoke and fume exhausts, excluding the recirculating  type shall be discharged  directly to the outside air via a continuous metal duct.

 

 

76.          SMOKE DETECTOR    

Objective

To ensure compliance with the Building Code of Australia.

 

Performance

 

Smoke  detectors  and  alarms  are  to  be  provided  in  accordance  with  the requirements of AS3786.

 

77.     ON-SITE SEWAGE MANAGEMENT

 

 

Objective

 

To ensure adequate disposal of effluent.

 

 

Performance

 

On-site sewage management systems are to be designed and installed in accordance with the recommendations of Terra Consulting (NSW) Pty Ltd in their On-site Sewage Management report R9070(a) dated 29 September 2000 and amending letter to Cabonne Council dated 18 October 2000.

 

CONDITIONS RELATING TO STAGE 3

 

78.       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  No  2001/37)  and  docu_mentation  submitted  with  the  application  and subject to the conditions below, to ensure the development  is consistent with Council's consent.   NOTE:  Any alterations to the approved development application plans must be clearly identified WITH THE APPLICATION FOR A CONSTRUCTION CERTIFICATE.  The Principal Certifying Authority for the project may request an application for modification of this consent or a new application in the event that changes to the approved plans are subsequently made  will be  subject to  an application  to  modify  the  development  consent under S 96 of the Environmental Planning and Assessment Act, 1979, as amended and will be subject to a separate fee.

79.            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 to satisfy the requirements of Condition 75

COMPLIANCE CERTIFICATE to satisfy the requirements of Condition 81

SUBDIVISION CERTIFICATE to satisfy the requirements of Condition 82

 

80.           LOT DESIGN AND PURPOSE

Objective

To ensure the subdivision proceeds in accordance with Council's consent and that  the  purpose  of  the  newly  created  Lots  is  clarified  in  the  context  of Cabonne Local Environmental Plan, 1991.

 

Performance

 

(a)            Surveying of the subject land will be generally in accordance  with the approved development consent.

(b)            Lot 2 has been created as an agricultural lot(s) and a dwelling on  this lot is prohibited (Clause  12(2)) of Cabonne Local Environmental Plan

1991.

 

81.      PROHIBITION OF DWELLINGS ON LOT 2

 

Objective

 

Lot 2 has been approved pursuant to Clause 12(2) of Cabonne Local Environmental Plan, 1991 and as such, the placement of a dwelling on Lot 2 is prohibited.

 

Performance

 

The Linen Plan of Subdivision will contain a Restriction on the Use of the Land pursuant  to  Section  888   of  the  Conveyancing  Act,  1919  prohibiting  the erection of a dwelling house on proposed Lot 2.

82.         WATER SUPPLY

Objective

To ensure  that there is an adequate and lawful supply of water available to service proposed Lot 2.

 

Performance

 

 

The applicant is to supply Council with documentary evidence proving access to a legal and adequate supply of water for Lot 2.

 

83.         ROAD IMPROVEMENT CONTRIBUTION (SUBDIVISION)

Objective

To make equitable contribution to address the impacts of development on Council roads.  The contribution has been levied to make improvements to the stated road in accordance with Council's Road Contributions Plan dated January 1993, (General Rural Zone) or June 1993 (Rural Small Holdings Zone).

 

Performance

 

The applicant is required to make a road improvement contribution of $456 towards the improvement to Underwood Road. (Income No: 15085.279).

 

 

84.           PROVISION OF PRIVATE ACCESS TO A RURAL ROAD

 Objective

To ensure that a safe and practical access is provided to the subject land.

 

 

Performance

 

The applicant is required to provide, at his I her full cost, an access to Lot 2 in accordance with Councils' Specification for Private Access to a Rural Road -

1998.  No access permitted to MR61 (The Escort Way).

85.            REGISTRATION OF PLAN OF SUBDIVISION

Objective

To ensure compliance with Section 109C(1)(d) of the Environmental Planning and Assessment Act 1979, as amended.

 

 

 

 

Performance

 

An application for a SUBDIVISION CERTIFICATE is to include five (5) copies of an original Plan of Subdivision prepared  by a Registered  Surveyor to be lodged at the Land Titles Office.

 

86.            IMPACT ON RATES

Note:

Please note that after subdivision has occurred, this land will not be rated the

same as it has previously been rated.   Each block created will attract its own general rate, water and sewerage rate, if appropriate, either connected or unconnected and waste management charge.

 

Under special circumstances, however, the Valuer General may amalgamate the newly created blocks for rating purposes but YOU must apply to that Department to do so.

 

The  ACTUAL  rate  to  be  charged  cannot  be  determined  until  the  Valuer General has separately valued each new parcel of land, but an ESTIMATE of rating  may be obtained  by contacting  Council's  Rates  Department  on  (02)

6366 8303.           

                      .

87.           WORKERS COTTAGE

 

Objective

 

Advisory

 

 

Performance

 

 

This consent does not approve the erection of the proposed workers cottage..

 

A further development  application will be required  to be lodged with Council for this purpose following the establishment and operation of the vineyard and winery.     It  will  be  necessary  for  the  applicant  to  prove  to  Council  that construction of the workers accommodation is warranted.

 

The applicant will meet all costs associated with connection of the proposal to the electricity supply. Documentary evidence is required from the Power Authority detailing connection prior to the release of the construction certificate for the winery/laboratory.

 

 


GENERAL MANAGER’S REPORT ON MATTERS FOR NOTATION SUBMITTED TO THE Ordinary Council Meeting TO BE HELD ON Tuesday 22 August, 2017

Page 1

TABLE OF CONTENTS

 

 

 

ITEM 1      RATES SUMMARY................................................................................ 1

ITEM 2      INVESTMENTS SUMMARY................................................................. 1

ITEM 3      RESOLUTIONS REGISTER - INFOCOUNCIL - ACTIONS REPORTING    1

ITEM 4      COMMUNITY FACILITATION FUND................................................. 1

ITEM 5      STRATEGIC DIRECTIONS WORKSHOP - OUTCOMES.............. 1

ITEM 6      MOLONG LIBRARY PROJECT.......................................................... 1

ITEM 7      QUESTIONS FROM JULY COUNCIL MEETING ........................... 1

ITEM 8      CONSTITUTIONAL REFERENDUM.................................................. 1

ITEM 9      COUNCILLOR IPAD UPGRADE........................................................ 1

ITEM 10    ECONOMIC DEVELOPMENT ACTIVITIES REPORT.................... 1

ITEM 11    ENGINEERING AND TECHNICAL SERVICES UPDATE REPORT   1

ITEM 12    HERITAGE ADVISOR'S REPORT..................................................... 1

ITEM 13    DEVELOPMENT APPLICATIONS RECEIVED DURING JULY 2017 1

ITEM 14    DEVELOPMENT APPLICATIONS APPROVED DURING JULY 2017         1

ITEM 15    MEDIAN PROCESSING TIMES 2017................................................ 1

ITEM 16    BURIAL STATISTICS........................................................................... 1  

 

ANNEXURE ITEMS

 

ANNEXURE 1.1    Rates graph July............................................................ 1

ANNEXURE 2.1    Investment Summary July 2017................................ 1

ANNEXURE 3.1    Traffic Light Summary ................................................ 1

ANNEXURE 3.2    Council .................................................................................. 1

ANNEXURE 8.1    Holding a Constitutional Referendum - Change the number of Clrs from 12 ............................................. 1

ANNEXURE 8.2    Referendum information for Council website   1

ANNEXURE 11.1  Engineering Capital Works and Expenditure Report August.................................................................................... 1

ANNEXURE 12.1  Heritage Advisors Report August 2017.docx 1 

 


 

 

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 July    

File Number

\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\FINANCIAL REPORTING\FINANCIAL REPORTS TO COUNCIL - 860601

 

Senior Rates Officer's REPORT

 

Rate Collection Summary to 31 July 2017 is attached for Council’s information.  The percentage collected is 6.3%, which is comparable to previous years.

 

The date for the first instalment or payment in full is 31 August 2017.

 

 

 

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 July 2017    

File Number

\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\FINANCIAL REPORTING\FINANCIAL REPORTS TO COUNCIL - 860811

 

Acting Finance Manager's REPORT

 

Council’s investments as at 31 July 2017 stand at a total of $43,234,549.

 

Council’s average interest rate for the month was 2.46%.   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 July.   However, Council’s average rate is higher than Council’s benchmark rate of the 30 Day Bank Bill Swap Rate of 1.59%. 

 

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 July 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 - 858532

 

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 - 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 - 859475

 

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:

 

Molong Show Society

Sponsorship of photography section 2017 show

$100

 

Mullion Creek Public School

Donation towards costs for students to participate in RoboCup competition.

$1000

 

                  

 

ITEM 5 - 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 - 859484

 

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

Further information regarding the project supplied to OLG.

 

4.   Molong Library and Visitor Information Centre

Extension of time to utilise grant funds approved by State Libraries NSW.

 

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.  DA for lighting lodged.  Tender documentation being prepared.

 

 

ITEM 6 - MOLONG LIBRARY PROJECT

REPORT IN BRIEF

 

Reason For Report

To update Council on letter received from State Library New South Wales

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

3.3.2.b - Participate in decision making processes and initiatives of Central West Libraries (CWL)

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GRANTS AND SUBSIDIES\PROGRAMS\LIBRARY INFRASTRUCTURE GRANT - 859805

 

Acting Director of Finance & Corporate Services' REPORT

 

At the June Ordinary Council meeting the following was resolved: -

 

“THAT Council:

 

1.      Write to State Library of NSW and request an extension of time for expenditure of grant funding;

2.      Resolve to defer the decision of the proposed library relocation to the new Council to be elected in September.”

 

Council has received advice from State Library New South Wales that the request for a further extension for Cabonne Council’s 2014/15 Public Library Infrastructure Grant project to Relocate Molong Public Library has been granted and that State Library New South Wales looks forward to working with Council, following the election in September, on this project. 

 

 

ITEM 7 - QUESTIONS FROM JULY COUNCIL MEETING

REPORT IN BRIEF

 

Reason For Report

To give update to councillors on financial matters as requested at the July Council meeting

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\FINANCIAL MANAGEMENT\FINANCIAL REPORTING\FINANCIAL REPORTS TO COUNCIL - 860040

 

Acting Director of Finance & Corporate Services' REPORT

 

At the July Council meeting the following was resolved: -

 

“THAT Council receive a report at the next Council meeting on;

 

1.   Total of unallocated funds as at 30 June 2017

a.   Unrestricted

b.   Restricted

2.   Council’s bank balance as at 30 June 2017, 2016, 2015 and 2014.

3.   Re-establishment of the Audit Review Committee immediately.”

 

The total amount of unallocated funds as at 30 June 2017 for both Unrestricted and Restricted cash were unavailable at the time of writing this report as Council’s finance staff are currently completing the Annual Financial Statements for the 2016/17 financial year, and the requested information is not currently available. Accordingly, the 2015/16 figures are reported below, it is anticipated that the information will not be available until the September Council meeting, however should this information become available prior to the meeting it will be tabled on the day.

 

The 2015/16 financial year details are detailed below:-

 

External Restrictions

$11,674,000

Internal Restrictions

$30,127,000

Unrestricted

$3,086,000

Total

$44,887,000

 

External Restrictions of $11,674,000 are made up of the following:-

 

Developer Contributions

$767,000

RMS Contributions

$1,814,000

Specific Purpose Unexpended Grants

$573,000

Water Supplies

$2,850,000

Sewerage Services

$1,909,000

Domestic Waste Management

$3,180,000

Canowindra Town Improvement

$562,000

Canowindra Sports Trust

$19,000

 

Internal Restrictions of $30,127,000 are made up of the following:-

 

Plant & Vehicle Replacement

$8,164,000

Infrastructure Replacement

$1,685,000

Employee Leave Entitlements

$2,062,000

Cadia Contributions

$989,000

Capital Works

$7,101,000

Community Services

$5,000

Environment

$126,000

Housing

$157,000

Land Development

$1,530,000

Limestone Quarry

$2,130,000

Office Equipment

$1,360,000

Recreation & Culture

$345,000

Revoted Expenditure

$2,103,000

Roadworks

$2,176,000

Sewerage

$17,000

Other

$177,000

 

Council’s Bank Balance and Operating Surplus are detailed below:-

 

As at:

Bank Balance

Operating Surplus

30 June 2017

$46,628,000

Not available

30 June 2016

$44,887,000

$5,643,000

30 June 2015

$41,094,000

$372,000

30 June 2014

$39,569,000

$814,000

 

With regard to the re-establishment of the Audit Review Committee it is suggested that a further report be submitted to the September Council meeting for the newly elected Council to nominate councillor members for the Audit Review Committee and the framework of what the committee wants to achieve.

 

ITEM 8 - CONSTITUTIONAL REFERENDUM

REPORT IN BRIEF

 

Reason For Report

To advise councillors of the constitutional referendum that will be coinciding with the 9 September 2017 Council Election.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

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

Annexures

1.  Holding a Constitutional Referendum - Change the number of Clrs from 12

2.  Referendum information for Council website    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\ELECTIONS\LOCAL GOVERNMENT ELECTIONS 2017 - 860718

 

Acting Director of Finance & Corporate Services' REPORT

 

At the Council meeting held on 25 August 2015 Council resolved to hold a referendum to seek approval to reduce councillor numbers to 9 in conjunction with the 2016 election of new councillors.  This referendum will take place on the 9 September 2017 in conjunction with the election of new councillors, due to the forced amalgamation process delaying the elections that were scheduled to take place in 2016.

 

The decision made at a constitutional referendum binds the council until changed by a subsequent constitutional referendum. 

 

If the constitutional referendum question is passed it will come into effect from the Local Government election in September 2020, however, such a decision does not apply to a by-election held after the constitutional referendum and before the next ordinary election.

 

The referendum question will be:

 

“Do you favour reducing councillor number from twelve (12) to nine (9)?

 

Voting in a constitutional referendum is compulsory and a voting paper will be issued along with the election ballot paper to all registered residents in Cabonne at all Cabonne polling centres.

 

ITEM 9 - COUNCILLOR IPAD UPGRADE

REPORT IN BRIEF

 

Reason For Report

To advise councillors of iPad upgrade

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.6.d - Provide effective communication and information systems for staff

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\INFORMATION TECHNOLOGY\IMPLEMENTATION\COUNCILLOR IPAD ROLLOUT - 860264

 

Acting Director of Finance & Corporate Services' REPORT

 

From the council term beginning September 2017, councillors will be issued with the latest generation Apple iPad with a protective case.

 

Council will be utilising Microsoft’s Office 365 product suite to distribute business papers to the iPads and to provide email and voice and video call functionality between councillors and senior staff.   Office 365 includes a web portal which will allow councillors to check emails and read documents on other devices.  Councillors will also be able to use Office 365 to create Council related Microsoft Word, Excel and PowerPoint documents.

 

Council’s IT staff will be available to assist all councillors, at the planned councillor induction day (date to be determined), on how to effectively use the iPads including downloading documents, using emails and video conferencing.

 

Current councillors will be required to return their iPads at the conclusion of the August meeting as the iPads remain the property of Council.

 

 

ITEM 10 - ECONOMIC DEVELOPMENT ACTIVITIES REPORT

REPORT IN BRIEF

 

Reason For Report

To update   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 - 860906

 

Acting Economic Development Manager's REPORT

 

What’s On In Cabonne Newsletter

TP Action 2.1.1, 3.1.2

 

The Cabonne ‘What’s On’ newsletter for August promoted 19 events and activities.

It 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.

 

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 14 – 16 October

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

n.   Molong Pre-school

o.   Cumnock Little Athletics Centre

 

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.   Adloyalty

e.   Central NSW Business HQ

f.    Age of Fishes Museum.

g.   Yeoval Progress Association.

h.   Central NSW Tourism.

i.    Fire and Rescue NSW

j.    Regional Life Publishing Group

k.   Industry NSW

l.    Regional Development Australia

m.  Office of Regional Development

 

Cabonne Daroo Business Awards

 

The Cabonne Daroo Business Awards committee met on Tuesday 8 August 2017 to continue to make arrangements for the 2017 awards.

 

Almost 200 nominations were received for businesses across 17 categories. Finalists have been decided and online voting is now open to determine the winners of 14 of the 17 categories. The Best Business in Cabonne, Employee of the Year and Apprentice/Trainee of the Year will be determined by a judging panel.  The number of nominations was one of the highest in the 18-year history of the event. This year’s Daroos include a new category to recognise businesses fostering disability inclusion. This meets one of the criteria of the Disability Inclusion Action Plan adopted earlier this year by Council.

 

The 2017 presentation will take place at a dinner at the Yeoval Memorial Hall on Friday 3 November 2017. Edwina Mitchell Catering Pty Ltd, which catered for the 2015 Daroo dinner at Cudal and has undertaken the catering for the 100 Mile Dinner at Molong in recent years, has been engaged for the 2017 awards.

 

The committee will meet again on Tuesday 12 September 2017.

 

Small Towns Development Committee

 

The Cabonne Small Towns Development Committee met on Tuesday 8 August 2017, with representatives from Cumnock, Molong, Mullion Creek and Molong present.  Among items discussed were Cabonne Council’s Community Assistance Program grants and opportunities provided by the NSW Government’s Stronger Country Communities Fund and Regional Sports Infrastructure Fund.

 

The committee is scheduled to meet again on Tuesday 10 October 2017.

 

 

ITEM 11 - 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 Capital Works and Expenditure Report August    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\REPORTING\ENGINEERING AND TECHNICAL SERVICES REPORTING - 860086

 

Director of Engineering & Technical Services' REPORT

 

Please find attached to this report an update of the 2017/18 works in the Engineering and Technical Services department. 

 

ITEM 12 - 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 August 2017.docx    

File Number

\OFFICIAL RECORDS LIBRARY\DEVELOPMENT AND BUILDING CONTROLS\REPORTS\HERITAGE - 860276

 

Director of Environmental Services' REPORT

 

A copy of the Heritage Advisor’s Report for August 2017 is attached for the information of the council.

 

 

 

ITEM 13 - DEVELOPMENT APPLICATIONS RECEIVED DURING JULY 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 - 859291

 

Director of Environmental Services' REPORT

 

Development Applications have been received during the period 01/07/2017 to 31/07/2017 as detailed below.

 

SUMMARY OF DEVELOPMENT APPLICATIONS RECEIVED

 

TYPE

ESTIMATED VALUE

Section 68 Only x 7

$----

Modification to Storage Shed

$----

Modification to Dwelling

$----

Modification to Limestone Quarry

$----

Modification for Additions & Alterations

$----

Modification to Alterations & Additions to Dwelling

$----

5 Lot Rural Subdivision

$----

4 Lot Rural Subdivision

$----

4 Lot Rural Subdivision

$----

Farm Stay Accommodation

$20,000

Storage Shed

$24,000

Storage Sheds x 3

$1,050,000

Dual Occupancy

$250,000

Extractive Industry/Quarry

$8,000

Dwelling

$165,000

Transportable Dwelling

$143,500

Hay Shed

$50,996

Hay Shed

$40,458

Machinery Shed

$19,800

Dwelling & Detached Shed

$424,500

Machinery Shed

$32,000

Deck to Existing Dwelling

$40,000

Storage Shed

$14,900

Garage

$10,000

Swimming Pool, Awning & Retaining Wall

$99,000

TOTAL: 31

$2,392,154

 

 

SUMMARY OF COMPLYING DEVELOPMENT APPLICATIONS RECEIVED

 

TYPE

ESTIMATED VALUE

In Ground Fibre Glass Pool

$24,100

Alterations & Additions to Existing Dwelling & Relocate Existing Carport

$215,000

Storage Shed

$12,000

Carport, Storage & Alfresco Area

$90,000

TOTAL: 4

$341,100

GRAND TOTAL: 35

$2,733,254

 

 

ITEM 14 - DEVELOPMENT APPLICATIONS APPROVED DURING JULY 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 - 859428

 

Director of Environmental Services' REPORT

 

Development Applications have been approved during the period 01/07/2017 to 31/07/2017 as detailed below.

         

SUMMARY OF APPROVED DEVELOPMENT APPLICATIONS

 

TYPE

ESTIMATED VALUE

Section 68 Only x 4

$-----

Modification to Storage Shed

$-----

Solar Farm

$29,105,844

Patio Cover

$8,800

Dwelling with Detached Storage Shed

$350,000

Temporary Construction Workers Facilities & Construction Laydown Area

$25,000

Patio & Glass Room Enclosure

$16,000

Storage Shed

$15,000

Demolition of Existing Dwelling & Erection of New Dwelling

$265,000

Alterations & Additions

$90,000

Extension to Existing Shed

$10,500

Dwelling with Detached Garage, Machinery Shed & Eco Tourism Facility

$200,000

TOTAL: 15

$30,086,144

 

 

 

 

 

 

 

SUMMARY OF APPROVED COMPLYING DEVELOPMENT APPLICATIONS

                                            

TYPE

ESTIMATED VALUE

Carport, Storage & Alfresco Area

$90,000

Storage Shed

$12,000

TOTAL: 2

$102,000

 

GRAND TOTAL: 17

$30,188,144

Previous Month: 18

$3,588,033

 

 

ITEM 15 - 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 - 860279

 

Director of Environmental Services' REPORT

 

Summary of median Application Processing Times over the last five years for the month of July:

 

YEAR

MEDIAN ACTUAL DAYS

2012

27

2013

22

2014

12.5

2015

47

2016

36

 

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

37

August

 

September

 

October

 

November

 

December

 

 

 

ITEM 16 - 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 - 860278

 

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

2016/17

41

July

7

August

 

September

 

October

 

November

 

December

 

January

 

February

 

March

 

April

 

May

 

June

 

Total

7

  


Item 1 Ordinary Meeting 22 August 2017

Item 1 - Annexure 1

 

PDF Creator


Item 2 Ordinary Meeting 22 August 2017

Item 2 - Annexure 1

 

PDF Creator


 

PDF Creator


Item 3 Ordinary Meeting 22 August 2017

Item 3 - Annexure 1

 

PDF Creator


Item 3 Ordinary Meeting 22 August 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.

 

08 Aug 2017 - 9:54 AM - Victoria Priest

DETS PA has confirmed that there have been delays with JHR and solicitors.  Transfers have now been drawn up and are with JHR to review.  Awaiting documents to apply seal

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

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.

 

09 Aug 2017 - 9:31 AM - Dale Jones

Australian Museum awaiting further written advice from Crown Solicitor on Deed of Gift documents.

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

Telephone meeting with Australian Museum scheduled for 9am 21 December 2016.

30 Nov 2016 - 1:22 PM - Dale Jones

Draft documents referred to Council's solicitors for review and amendment

08 Nov 2016 - 4:17 PM - Dale Jones

GM reviewing deeds of agreement with view to substantially rewriting document

18 Oct 2016 - 3:09 PM - Dale Jones

Deed of Gift and other documents being analysed by GM

03 Aug 2016 - 11:11 AM - Dale Jones

Latest correnspondence from Australian Museum to be examined by DFCS and AEDM

11 Jul 2016 - 1:52 PM - Dale Jones

Final Deed of Gift documents received and under review. Application submitted for storage facility funding under Clubgrants Category 3 program

11 May 2016 - 1:45 PM - Dale Jones

Updated Deed of Gift documents received from Australian Museum. To be reviewed by GM< DFCS and Acting EDM.

EOI for grant funding to build storage facility successful. Full grant application to be competed by 10 June 2016

14 Apr 2016 - 9:18 AM - Dale Jones

Australian Museum informed of Council's resolution to provide dollar for dollar funding up to $300,000 towards suitable grant for fossil storage building. Museum to provide final draft Deed of Gift documents.

04 Mar 2016 - 1:54 PM - Dale Jones

Only one clause remains to be agreed upon before draft Deed of Gift, Stakeholders Deed and Collections Management Policy and Procedures are finalised.
Mayor, Cr Hayes, GM and Acting EDM scheduled to meet with Deputy Premier's staff and Member for Orange at Parliament House on Wednesday 9 March 2016 to discuss funding opportunities for fossil storage facility.

13 Jan 2016 - 10:10 AM - Dale Jones

Discussions progressing.
Acting EDM advised Council happy to proceed with amendments to deed of Gift clauses, excluding any financial commitment from council.
Advice provided that under the Office of Local Government's guidelines for decision making during merger proposal period, council can not make financial commitments that are binding on any new council.
Australian Museum will need to determine whether it wishes to proceed with the current Deed of Gift arrangements, with no financial commitment from Cabonne Council, or begin a fresh process with the new merged council later in the year should the proposed merger proceed.
Further talks to be held with  Dr Rebecca Johnson, Australian Museum Director Research Institute, Science and Learning, after she retunrs from leave on 18 January 2016.

07 Dec 2015 - 9:23 AM - Dale Jones

Provided further feedback to museum after reviewing latest amendments. Will seek further meeting with museum following discussions with GM and Mayor

11 Nov 2015 - 11:40 AM - Dale Jones

Revised information received from Australian Museum and being reviewed before being forwarded for further consideration

07 Oct 2015 - 3:09 PM - Dale Jones

Suggested amendments and additional clauses in Deed of Agreement forwarded to Australian Museum.
Dr Rebecca Johnson, Director, Australian Museum Research Institute, Science and Learning, has forwarded Council's comments to colleagues for discussion and will get back to Council asap.
Council's Project Engineer has provided estimated cost of $850 per m2 to construct fossil storage facility

03 Sep 2015 - 4:24 PM - Dale Jones

Project team form to consider options and prepare report for Council's September meeting

Meeting

Officer/Director

Section

Subject

Ordinary Meeting 24 November 2015

Denis O'Brien

For Determination