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 -
869533
|
|
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 - 869534
|
|
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 - 869536
|
|
Recommendation
THAT any Political Donations be
noted.
|
General Manager's REPORT
A call for declarations of any
Political Donations.
ITEM 4 - DRAFT PLAN OF
MANAGEMENT - VILLAGE GREEN, MOLONG, BEING LOT 22 DP 569966
REPORT IN BRIEF
|
Reason For Report
|
To obtain
council's resolution to adopt the Plan of Management for the Molong Village
Green
|
|
Policy Implications
|
The
Plan of Management, once adopted by council, would form part of council's
asset manegement procedure.
|
|
Budget Implications
|
Nil
|
|
IPR Linkage
|
3.3.5.a Review community need for
new and upgraded facilities
|
|
Annexures
|
1. POM
- Molong Village Green.docx⇩
2. Attachment 2 - submissions⇩
3. Attachment 3 - reports referred
to⇩
4. Attachment 4 - background
information⇩
|
|
File Number
|
\OFFICIAL
RECORDS LIBRARY\PARKS AND RESERVES\PLANNING\PLANS OF MANAGEMENT - 870018
|
|
Recommendation
THAT the draft
Plan of Management for the Village Green, being Lot 22 DP 569966, corner
Gidley and Bank streets, Molong be adopted.
|
Director of Environmental Services' REPORT
Subsequent to the report to
council meeting of 25 July 2017, a draft Plan of Management (POM) for the use
and management of the Village Green at Molong was placed upon public exhibition
and comments invited. (Copy of draft POM attached)
Copies of the draft plan were
provided to local interest groups including the Yarn Market, Garden Club,
Molong Town Beautification Committee, RSL sub Branch, Molong Rotary Club and
Molong Advancement Group. The exhibition was notified in the media and via
council’s web page. The Molong Express also provided extensive reporting
of the draft POM.
By the close of the exhibition
period, four submissions had been received and are summarise below:
|
Submission
|
Comment
|
|
Molong RSL
sub branch
Request
inclusion of a cenotaph in the POM
|
Noted.
The Yarn
Market has indicated no objection to a cenotaph.
|
|
Mrs A
Dowling
Suggesting the
picnic shelter / rotunda be retained in its current form and location
|
Noted.
|
|
Mr B
Dowling
States the
gazebo should be retained in its current location. Refers to council
consultation and a community questionnaire undertaken in 2011.
|
Noted.
|
|
Yarn Market
No objection
to the inclusion of a cenotaph within the Village Green.
|
Noted.
|
|
Molong
Advancement Group
· Requests ‘that common sense prevails and the shade structure
be left where it is’.
· Advises that MAG has sought quotes to refresh the community notice
boards and could incorporate the Village Green identification within the
revised sign content, and the sign retained within the site.
· Disagrees with parking restrictions introduced into Gidley Street
near the Village Green.
|
Noted.
Noted.
Noted.
Separate issue
to the POM.
|
A POM is a requirement for
council owned or managed land classified as ‘community land’. The
document, developed with community consultation, identifies issues affecting
public open space and outlines how that open space is intended to be used,
improved, maintained and managed in the future.
The Village Green has become a
contested space, with competing requests received by council as to the
presentation and function of that land. The public submissions generally do not
address the broad aims and objectives of the POM, instead seeking to address
specific projects mentioned within the application of the wider document.
The submissions do not provide
comment upon the body of the draft POM (Sections 1 to 12). The continued use of
the space for passive recreation and community events is integral to the draft
POM. Likewise the draft POM provides for additional features including seating,
picnic shelter and landscaping opportunities, based upon the concept of keeping
the core of the land as open space.
The specific concerns of the RSL
sub branch can be addressed, as the draft POM does not preclude a memorial;
rather it sets guidelines for where it could be located within the site.
Accommodating a memorial may require adjustment to other existing features such
as the location of the flag pole. Council’s consideration of a
development application would take into account the POM and the relevant
legislation.
Three submissions do not support
the concept of planning into the future to retain the Village Green as passive
open space, and to reinstate the valued vistas to and from the historic stables
buildings and adjacent streetscape, in that they each seek to retain an
existing shade structure in its current central location. The draft POM
acknowledges the opportunities to achieve the original objective of providing
the site as a village green and the benefits of providing adequate facilities
to encourage passive recreation and community use of the land. Suggestions were
provided within the Village Green site inventory as to how these objectives may
be achieved. The level of maintenance and enhancement of the Village
Green would be subject to future budget consideration and allocation by
council.
To assist councillors in
considering the submissions, copies of the council reports from February and
October 2011 and the community survey results relating to the construction by
MAG of a rotunda / gazebo / picnic shelter (as referred to in the submissions)
are attached. Also included with the historic reports are copies of
correspondence received by council relating to local community and visitor
reaction to the recent structures placed within the Village Green.
ITEM 5 - STRONGER COUNTRY
COMMUNITIES FUND
REPORT IN BRIEF
|
Reason For Report
|
For Council to
finalise priorities for projects to be submitted for funding under the
Stronger Country Communities Fund
|
|
Policy
Implications
|
Nil
|
|
Budget
Implications
|
$816,644 in funding from the Stronger Country Communities
Fund
|
|
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\STRONGER COUNTRY COMMUNITIES
FUND - 871347
|
|
Recommendation
THAT Council:
1. Submit the
following applications for funding under the Stronger Country Communities
Fund:
a) Expansion of
Molong Early Learning Centre.
b) Expansion of
Cudal Community Children's Centre.
c) Construction of
a shared mobility access pathway to Mullion Creek School.
d) Construction of
a shared mobility access pathway at Manildra.
2. Considers
submitting a further application for an additional project or projects from
the Cabonne Pedestrian Access and Mobility Plan (PAMP).
|
Acting Economic Development Manager's REPORT
BACKGROUND
At its September
Ordinary Meeting, Council resolved to prioritise the following projects for
funding under the NSW Government’s Stronger Country Communities Fund:
1) Expansion of Molong Early Learning
Centre to double the number of placements. Total cost: $450,000.
Funding sought: $276,000.
2) Expansion of Cudal Community
Children's Centre to increase placements. Total cost: $450,000.
Funding sought: $295,000.
3) Cabonne Council construction of a
shared mobility access pathway to Mullion Creek School. Total cost
$105,000. Funding sought: $105,000.
4) Cabonne Council construction of a
shared mobility access pathway at Manildra. Total cost: $90,500.
Funding sought: $90,500.
Council also
resolved to place the projects, other than the Manildra pathway, on public
exhibition for 14 days for public inspection and comment.
The Manildra
pathway is part of the Cabonne Pedestrian Access and Mobility Plan (PAMP),
which was adopted after extensive community consultation and, as such, meets
the Stronger Country Communities Fund requirements for community consultation
and support.
CURRENT
SITUATION
At the time of
writing this report, Council had received strong support for each of the
proposals, with no objections to any project. A total of 34 emails
and letters of support have been submitted for the Molong Early Learning
Centre, 14 for the Mullion Creek pathway and seven in support of the Cudal
Community Children’s Centre.
Cabonne Council
has been allocated a little over $1.6 million under the Stronger Country
Communities Fund, with $816,644 available for the current round of funding.
In preparing to
lodge the formal grant application, Council’s Grants Officer has been
liaising closely with the Molong Early Learning Centre and Cudal Community
Children’s Centre. During these discussions, budgets have been
reviewed and revised, with the Molong centre now seeking $260,970 in grant
funding and the Cudal centre $290,346.
Combined with
Council’s shared mobility access pathway projects (Mullion Creek $105,000
and Manildra $90,500), the total amount sought for funding under the program
now is $746,816 – about $70,000 less than Council’s allocation in
the current round. This leaves Council the option of submitting another
shared mobility access pathway project from the PAMP as these projects meet the
Government’s shovel readiness and community consultation requirements.
Pathways at
Canowindra ($208,000), Molong ($179,000), Cumnock ($113,500), Eugowra
($95,000), Yeoval ($91,300), Cudal ($65,000) and Cargo ($22,500) have been
identified in the PAMP as being necessary to provide a network that caters to
the needs of all pedestrians, including older persons, school children and
people with mobility and vision impairments.
|
Item 4 Extraordinary
Meeting 17 October 2017
|
Item 4 - Annexure 1
|
1. Introduction
1.1 What is a Plan
of Management?
A
Plan of Management is a document that identifies issues affecting public open
space and outlines how that open space is intended to be used, improved,
maintained and managed in the future. A Plan of Management is typically
accompanied by a concept plan or a landscape plan that show proposed changes to
that open space.
2. Need for this
Plan of Management
The
Local Government Act 1993 requires all council owned or vested land
classified as Community Land to be managed and used in accordance with a Plan
of Management.
3. Requirements of
the Local Government Act 1993
This
Plan of Management (PoM) has been prepared in accordance with the requirements
of the Local Government Act 1993. Requirements of the Local
Government Act for the contents of a Plan of Management and where these are
located in this Plan are listed in Table 1.
|
TABLE 1
|
|
Contents
of a Plan of Management required under the Local Government Act 1993
|
|
Requirements of the
Local Government Act 1993
|
How this Plan
satisfies the Act
|
|
A description of
the condition of the land, and of any buildings or other improvements on the
land as at the date of adoption of the Plan of Management.
|
Refer to Section 10
|
|
A description of
the use of the land and any such buildings or improvements as at the date of
adoption of the Plan of Management.
|
Refer to Section 10
|
|
Categorisation of
community land.
|
Refer to Section 9
|
|
Core objectives for
management of the land.
|
Refer to Section 9
|
|
The purposes for
which the land, and any such buildings or improvements will be permitted to
be used.
|
Refer to Section 11
|
|
The purpose for
which any further development of the land will be permitted, whether under
lease or license or otherwise.
|
Refer to Section 11
|
|
A description of
the scale and intensity of any such permitted use or development.
|
Refer to Section 11
|
|
Authorisation of
lease, licenses or other estates over community land.
|
Refer to Section 12
|
|
Performance
targets.
|
Refer to Section 13
|
|
A means for
assessing achievements of objectives and performance targets.
|
Refer to Section 13
|
4. Consultation
The
Local Government Act 1993 requires that prior to final adoption the
draft Plan of Management must be placed on public exhibition for a period of 28
days with a further 14 days during which submissions can be received.
The
development of the Plan of Management has been guided by the following
consultation:
Public
exhibition of the draft Plan of Management from 21 August 2017 until 18
September 2017, with community consultation and engagement concluding on 2
October 2017.
5. Area Covered by this Draft Plan of
Management
The Molong Village
Green is defined by its boundaries of Bank & Gidley streets. Relevant land
information details of the Village Green are as follows:
|
TABLE 2
|
|
Area
|
DP/Lot Information
|
Size (m2)
|
Classification
|
LEP Zoning
(Cabonne LEP 2012)
|
|
Village Green
|
Lot
22 DP 569966
|
1,321
|
Community
Land
|
B2
Local Centre
|
6. Ownership
Cabonne Council owns
the Village Green in freehold title. The land is classified as Community Land.
7. History and Cultural Heritage
The
Village Green forms part of an original allotment, being Lot 18 in Section 24
in the Town of West Molong initially owned by William Gadd. From the mid
1870s until 1933 the property operated as a hotel and ancillary out buildings.
It was the site of the former New Royal Hotel. Built in the mid 1870s the two-storey
brick hotel building held a prominent streetscape location with its dual
frontages to Bank Street and Gidley Street. It is thought that the
foundations of the hotel were laid by Jules Thomas who owned the Royal
Hotel in Riddell Street, Molong (initially known as the Golden Fleece Hotel,
and is the present day location of the Molong and District Historical Society
Museum, corner of Gidley and Riddell Streets). John Martin Hughes who
opened the hotel to trade mid 1870s completed the construction of the New Royal
Hotel. Formerly the licensee of the Union Hotel at Copper Hill, Hughes was to
remain in Molong until c1882, leaving the town following the death of his wife.
In 1877 Hughes had advertised that extensive additions had been made to the New
Royal Hotel, and in 1881 he applied to construct a verandah. By 1882 the hotel
contained 18 rooms with a shingled roof. The stone stables adjacent the hotel
housed 10 stalls and 3 buggy sheds. The hotel provide a bar and
entertainment area as well as accommodation rooms. Several shops fronted the
street.
The
legendary coaching firm of Cobb & Co established its headquarters in
Bathurst in 1862 and quickly established a network of postal, freight and
passenger services across the region, with services connecting towns and
localities across NSW, Victoria and Queensland. Cobb & Co’s first
service to Molong was provided three days a week between Orange and Molong. The
Golden Fleece / Royal Hotel was the depot for the Molong service, however after
the New Royal Hotel was opened Cobb & Co’s booking office and stables
were located there. The Cobb & Co stables were later relocated to the
Freemasons Hotel in Molong.
The
license of the hotel was taken over by John F Wynne on April 25, 1882 who
carried on the business until it was transferred to George F Milgate in
November 1890. Then followed William P Cahill in April 1897, James G Donaldson
in July 1906, Edward Reynolds in May 1910, JM Coulon in February 1911, Herbert
Lawson in June 1911, Edwin Ingram and John T Colbran in May 1913. Extensions to
the hotel increased the number of rooms from the earlier 18 to 30. (Refer to
Appendix C).
Further
changes to the licensees included John E Maddison in August 1918, Michael Owens
in June 1920, David J Cox in January 1926, Edward G Carroll in March 1928,
James J Leahy in August 1928, Ernest Scanlon in September 1930. The final
licensee was P.V.B Vincent who held the license from 17 March 1931 until the
hotel closed at the end of June 1933. By 1921 the hotel had started to fall into
disrepair. The local licensing court held an enquiry into an application by the
hotel owner (Mrs Cahill) and the licensee for cancellation of the license under
the Licenses Reduction Act, and as a result, the hotel closed on 30 June 1933.
The
site was acquired by the Rural Bank, who proposed to demolish the old hotel and
construct a bank building. The Rural Bank notified the Molong Council
that Mr J Challoner of Alexandria had been granted the tender to demolish and
remove the old building. Demolition work commenced in June 1944. The site
however remained vacant with the bank choosing to lease premises in Bank
Street.
In
the early 1970s the newly formed Molong Yarn Market acquired the Bank Street
cottage adjacent to the site. Seeing potential for use of the nearby former
stone stables building, and for the residual land associated with that
building, the Yarn Market members sought to purchase the land from the owner,
Mr D. Betros. With their focus on the potential use of the stables building,
the Yarn Market approached the Molong Council to take responsibility on behalf
of the community for the care and management of the residual land, with the
expressed use of that land to be a community Village Green. The allotment was
subdivided in 1974 to create Lot 21 (containing the stone stables and the
boundary walls of the Bank Street Yarn Market buildings) and Lot 22 (vacant
land formerly containing the Royal Hotel building). The Molong Council
subsequently acquired Lot 22 in DP 569966. The Yarn Market Association
members had purchased the whole of the site for $9,500 and the Molong Council
agreed to acquire Lot 22 for a price of approximately $6,000, (this reflecting
that the area of land to be acquired by council was approximately two thirds in
area of the whole site).
The
Molong Council held a stakeholder meeting in September 1974 to discuss the
development of the Lot 22. Attending the meeting were representatives of the
council, the Yarn Market, Apex, Molong RSL, Rotary as well as Parkes based
architects Robinson and Cranna. The meeting was briefed on the history of the
acquisition of the site, and the expressed interest by Apex to build an aged
persons facility at Molong, as well as the interest of the RSL in the
construction of a war memorial. The architects tabled a concept plan for the
area. It was the decision of the meeting that council call a public meeting to
further discuss the proposal for the use of the land.
The
site was subsequently established as the Village Green, for use as passive
recreation by the community. In the bicentennial year of 1988 a flagpole and
time capsule were installed, while tree plantings and several plagues relate to
events such as the bicentenary and also the Molong 150th
celebrations. The Yarn Market contributed to the construction of a vine-covered
pergola located along the western boundary of the site and the planting of a
grove of birch trees adjacent their cottage. These element were generally in
accordance with the architect’s concept plan for the site as
discussed with the community in 1974.
In
recent years a picnic shelter / rotunda has been constructed as an initiative
of the Molong Advancement Group, while a war memorial was constructed by the
Molong RSL sub-branch. The war memorial was damaged in May 2017 and the
monument since removed from its base.
Cabonne
Council has added perimeter seating, lighting, a community notice board,
limestone boulders, water bottle filling station and directional signage either
within the park area or along the boundary.
8. Legislative
Framework
This
section comprises the Basis for Management for the Village Green. It
describes the legislative and policy framework applying to the land.
8.1 Local
Government Act 1993
The
Village Green is owned by Cabonne Council and classified as Community
Land. Requirements of the Local Government Act for a Plan of
Management for Community Land are shown in Table 1.
8.2 Zoning and
Planning Controls
The
Environmental Planning and Assessment Act 1979 (EP & A Act)
establishes the statutory planning framework for environmental and land use
planning in NSW through State Environmental Planning Policies (SEPPs) and Local
Environmental Plans (LEPs).
The
Cabonne Local Environmental Plan 2012 zones the Village Green as B2
Local Centre. The planning objectives of the Zone are listed in appendix
A.
The
LEP sets out in general terms what types of developments and uses are
permissible within the B2 Zone and which activities or development requires
development consent. Development and activities authorized in the Plan of
Management need to be permissible and consistent with the zoning objectives of
the Cabonne LEP 2012 or any updated planning instrument that supersedes
the Cabonne LEP 2012.
Development
or use activities requiring a Development Application will be assessed under
the Environmental Planning and Assessment Act 1979. Impacts of
proposed activities or development will be assessed under 79(c) of the Environmental
Planning and Assessment Act 1979.
The
Village Green is located within the Bank Street Heritage Conservation Area as
defined by clause 5.10 of the Cabonne Local Environmental Plan 2012. It adjoins
items of local heritage significance and contributes to the historic value of
the precinct.
The
site is situated within the Outer Floodplain as defined by the Molong Flood
Study. Development Control Plan 10 – Flood Prone Land in Molong applies
to the land and would be taken into account by council when determining any
development application for the land.
The
eastern half of the site is mapped as being impacted by limestone karst geology
and the relevant karst clause of the Cabonne Local Environmental Plan 2012
would apply when determining any development application for the site.
8.3 Other Relevant
Legislation
Heritage Act 1977
The Heritage Act 1977 aims to protect the environmental
heritage including the archaeological heritage of a site. The Act applies to
all land in NSW.
Companion Animals Act 1998
The
Companion Animals Act 1998 aims to promote responsible animal ownership
in NSW. Under the Act dogs in public places must be on a lead under the
effective control of a competent person, except in a declared off lease
area. Dogs are prohibited within 10 metres of children’s play areas,
food preparation/consumption areas and recreations areas where dogs are
prohibited by the local authority. If a dog defecates in a public place,
the owner must remove and dispose of the waste in a rubbish receptacle.
Disability Discrimination Act 1992
The
Disability Discrimination Act 1992 aims to eliminate, as far as
possible, discrimination against people with disabilities in many areas,
including access to premises.
9. Category of the
Land under this Draft Plan of Management
It
is a requirement of the Local Government (Community Land Management) Act
1998 to categorise the subject land as per s.36(4) of the Act.
The
Village Green has been categorised in accordance with the guidelines in the Local
Government Amendment (Community Land Management) Regulation 1999.
In
summary the proposed category for this Plan of Management is as follows:
· Park
The
core objectives of this category is described in Section 9.1
9.1 Core objectives
for management of Community Land categorised as a park
The
Local Government Act 1993 establishes core objectives for all categories
of community land. Council must manage the community land in accordance
with the core objectives of the relevant category of land. Any Council
objectives must comply with the core objectives established with the Act.
The significance of the prescribed core objectives is to ensure that any
activities or uses of the land are consistent with the core objectives for that
category of land.
Categorised
as a Park under s36(4) the core objectives of this category as per the Act are:
a) To encourage,
promote and facilitate recreational, cultural, social and education pastimes
and activities; and
b) To provide for
passive recreational activities or pastimes and for the casual playing of
games; and
c) To improve the land
in such a way as to promote and facilitate its use to achieve the other core
objectives for its management.
10. Description of Study Area
and Current Permissible Activities
The
legislation requires a description of the current condition and use of the
Village Green as per the following requirements.
|
TABLE 3
|
|
Local
Government Act
|
|
Clause
|
Requirement
|
|
36(3A) (a) (i)
|
Condition
of the land, and of any buildings or other improvements on the land, as at
the date of adoption of the Plan of Management.
|
|
36 (3A) (a) (ii)
|
The
use of the land and any such buildings or improvements as at that date.
|
The
following tables make reference to the specific clauses in the legislation and
provides a response to the requirements of the clause. An inventory of the
site’s elements is included in appendix B. In providing an assessment of
the current condition, the following definitions have been used:
Good
– new or well maintained
Fair
– maintained but in need of repair
Poor
– in need of major repair/demolition
|
TABLE 4
|
|
Description
of Study Area and Current Permissible Uses
|
|
Item
|
Description
|
Condition Clause
36(3A) (a) (i)
|
Current Use Clause
36(3A) (a) (ii)
|
|
Structures
|
Rotunda/ picnic
shelter
Vine covered
pergola
|
Good
Good
|
Passive recreation
Passive recreation
|
|
Grass surface
|
Level grass surface
within park curtilage
|
Good
|
Passive recreation
|
|
Tree Planting
|
Trees planted
around north east and south west park perimeter. Centrally located specimen
tree.
|
Fair
Strategies for
treatment of trees to be considered to ensure longevity
|
Contribute to park
identify, amenity and structure
|
|
Park Amenities /
Furniture / Lights
|
Flag pole
Seats
Bins
Water dispenser.
Strategically
placed limestone boulders.
Plaques /
memorials.
Base of plaque
– RSL memorial.
Community notice
board.
Directional
signage.
Light posts and
lighting.
Decorative lighting
of specimen tree.
|
Good
Good
Good
Fair
NA
Fair
Poor
Fair
Fair
Good
Fair
|
Park amenity
|
11. Description of Proposed Future Development and
Permissible Uses
The
legislation requires a description of the future use and
development/improvements that will be allowable in the Village Green as per the
following requirements.
|
TABLE 5
|
|
Local
Government Act 1993
|
|
Clause
|
Requirement
|
|
36 (3A) (b) (i)
|
Specify
the purposes for which the land and any such buildings or improvements will
be permitted to be used.
|
|
36 (3A) (b) (ii)
|
Specify
the purposes for which any further development of the land will be permitted,
whether under lease or license or otherwise.
|
|
36 (3A) (b) (iii)
|
Describe
the scale and intensity of any such permitted use or development
|
Under
the Local Government Act uses and development with land classified as community
land must be consistent with the Park’s categorization (section 9) and
the core objectives (section 9.1) of the category.
The
following tables refer to the specific clauses in the legislation and provide a
response to the requirements of each clause.
|
TABLE 6
|
|
MOLONG VILLAGE GREEN
|
|
Description of proposed future development and
permissible use
|
|
Item
|
The purposes for which
the land and any such buildings or improvements will be permitted to be used
Clause 36 (3A) (b)
(i)
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The purposes for
which any further development of the land will be permitted, whether under
lease or license or otherwise
Clause 36 (3A) (b)
(ii)
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The scale and
intensity of any such permitted use or development
Clause 36 (3A) (b)
(iii)
|
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Park area
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Continue use for
unstructured, informal recreation including children’s play, community
events.
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Development for the
purposes of reinforcing the visual and landscape character of the Park,
amenities to facilitate use and enjoyment of the Park including but not
limited to seats and shelters.
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Organised park
events to occur between hours of 7am – 10pm.
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11.1 Park ordinance regulations
The
Council will adopt a cooperative, flexible approach to possible activities that
may occur within the Park as long as these activities are consistent with the
designated categories and core objectives of the Park. A guiding
principle will be that the safety and convenience of everyone using the Park
must be respected will apply in all situations. In general, activities
prohibited include any act that will cause inconvenience or injury to others
and any act that may cause damage to the Park.
Activities
that may require permission and approval from Council include but are not
limited to:
· Driving
or parking of vehicles in the Park;
· Sale
of goods/services
· Organised
events;
· Amplified
music/performances;
· Commercial
filming.
Activities that are generally prohibited:
· Drinking
of alcohol (noting that council will consider applications for exemptions to
restrictions in association with development applications for events)
12. Leases, Licenses and other
estates
The
Local Government Act 1993 requires that any lease or license of
community land be authorised by a Plan of Management. Leases and licenses
formalise the use of community land by groups and organisations.
Activities must be compatible with the LEP zoning of the land and provide
benefits, services, or facilities for users of the land.
The
maximum period for licenses/leases on community land allowable under the Local
Government Act is 21 years for purposes consistent with the categorization and
core objectives of the particular area of community land. Community land
may only be leased or licensed if public notice is given as per the
requirements of the Local Government Act.
Where
a lease arrangement has been entered into with Council for community land,
subleasing of the land must be in accordance with the requirements of section
47C of the Local Government Act. Licenses and leases for the use of the Village
Green for activities need to be permissible under this Plan of Management, the Cabonne
Local Environmental Plan 2012 (or any updated planning instrument), the Local
Government Act 1993 and pursuant to Development Consent if required. This
Plan of Management does not authorize the lease, license or grant of any other
estate over the Village Green.
12.1 Short Term Casual Hire
Licenses
will be granted for casual events including, but not limited to, the purposes
listed in Table 7. These events may generally be held within the
hours of 7am and 10pm.
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TABLE 7
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Type of arrangement authorized
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Land and facilities covered
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Purposes for which leasing/licensing will be granted
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Short term casual
use license
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Village Green
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Purposes of
community events /festivals
Playing a musical
instrument, or singing for fee or reward, picnics and private celebrations
such as weddings and family gatherings, filming for cinema / television,
conducting a commercial photography session, public performance, engaging in
trade or business, delivering a public address.
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All
short-term casual hire will be in accordance with Section 116, 117 and 188 of
the Local Government (General) Regulation 2005. However, the park
may be used for civil emergency purposes when the need arises.
The
Local Government and Environmental Planning and Assessment Amendment
(Transfer of Functions) Act 2001 transfers approvals formally required
under section 68 of the Local Government Act to the Environmental Planning and
Assessment Act. These transferred approvals include installing temporary
structures on land.
Consequently
causal use hire of the park that includes the erection of temporary structure
such as tents, booths, stage areas and mobile structures may require a
development application. In assessing the Village Green as a venue for events,
the council should apply the following criteria:
· The
event should not result in physical damage to the park;
· The
events should be available to all sections of the community;
· The
event should not result in a significant impact on adjacent residents;
· Organisers
of the event should be responsible for cleaning up the site and repairing any
damage that may occur.
Fees
for short term casual bookings will be charged in accordance with
council’s adopted Fees & Charges at the time.
13. Strategy and Action Plan
Section
36 of the Local Government Act requires that a plan of management of
community land manages the land according to the objectives and methods set out
below:
a) The category of the
land (refer to section 9);
b) The objectives and
performance targets of the plan with respect to the land;
c) The means by which
the council proposes to achieve the plan’s objectives and performance
targets;
d) The manner in which
the council proposes to assess its performance with respect to the plan’s
objectives and performance targets.
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TABLE 8
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Village
Green
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Objectives and performance targets of the plan with
respect to the land s.36(b)
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Means by which Council proposes to achieve the
plan’s objectives and performance targets s.36(c)
|
Manner
in which council proposes to assess its performance with respect to the plans
objectives and performance targets s.36(d)
|
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Urban Context
To maintain the
park as a vibrant and integral component in the visual and social fabric of
Molong.
|
Re-establish the
character of the park on all street frontages by rationalising placement of
park furniture and plaques.
Maintain and
enhance the park as a secure place in the locality through provision of
adequate lighting scheme.
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Increased local use
of the park measured by survey and observation.
|
|
Uses and Recreation
To enhance opportunities
for a balanced organised and unstructured recreational use of the park.
To optimize public
access to all areas of the park.
|
Maintain range of
organised and informal / unstructured activities in the park.
Provide improved
facilities for event usage so that these functions may be accommodated
without adversely affecting park values.
Enforce dog
management provisions as per requirements of council’s Companion Animal
Management Policy.
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Positive comments
by event orangisers / attendees and park users.
|
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Access and
circulation
To improve
pedestrian access into the park.
To ensure access to
and within the park for people with disabilities.
|
Improve
entranceways into park.
|
Conform to all
relevant Australian Standards and Codes for disability access.
|
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Traffic, Parking
To provide ease of
pedestrian access in a safe environment and respects the park’s
physical structure.
|
Ensure that
maintenance and special event vehicular access to the park will not result in
inconvenience to park users or damage to the park.
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Minimal conflict
between park users and service vehicles.
|
|
Landscape character
and visual quality
To improve the
landscape character and visual quality of the park.
|
Develop a
consistent design for park furniture, paving, signage etc appropriate to the
park’s setting.
Develop a
coordinated signage strategy for the park and its boundaries.
|
Increased
appreciation of the Park as measured by positive comments received by
council.
|
|
Environmental
Sustainability
To maintain and
enhance the health of trees in the park.
Park improvements
to have regard for environmentally sustainable design, resource use and
maintenance.
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Arborist to inspect
trees regularly.
Budget allocation
for care and maintenance of park assets.
|
Improved health of
trees.
Sustainable
management of council resources.
|
|
Management and
Maintenance
To provide a clean,
well maintained park.
To ensure that the
park is a safe and secure place for its visitors.
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Maintenance
programs carried out in accordance with maintenance specifications.
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Positive comments
received by council.
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14. Planning Principles
The
planning principles and related proposals encompass the major recommendations
of the Plan of Management. The draft plan proposes responses to the core
objectives for community land as identified in the Act apply to the Village
Green. The overall aim is to maintain the Village Green as open space for
passive recreation.
Key:
A
– Inspect and treat elm tree annually for Dutch elm disease.
B
– Rationalise directional signage. Relocate community notice board and
replace it with an interpretative sign that includes the name of the site,
being the Village Green, and provides details of the history of the site.
C
– Remove tiled concrete plinth of the damaged memorial and restore the
immediate area to lawn surface.
D
– Relocate or remove trip hazards caused by placement of limestone
markers and associated plaques recording tree planting.
E- Consider the appropriateness of the placement of the
water bottle filling station (located along the Bank Street frontage of the
park).
F - Define key entry points to the park. Consider framing
the Village Green setting by the introduction of low growing perimeter planting
/ garden beds or paths along sections of the Bank Street and Gidley Street
boundaries. Frame vistas to and from the Village Green, including vistas of the
adjacent historic stonewalls and coach house.
G – Relocate the picnic shelter from the centre of
the park and reinstate the area as lawn. Should additional park seating or a
picnic shelter structure be required, that such items be sited along the Gidley
Street alignment accessed off the existing pedestrian footpath. Design and
placement of additional park furniture should not interrupt the open space appeal
of the Village Green.
15. Review of Plan of Management
The
Plan of Management will require regular review in order to be consistent with
community values and changing circumstances.
The
following review process is recommended:
· An
annual review to assess progress and implementation of actions.
· A
complete review and revision after 5 years.
REFERENCES
Department
of Local Government (2000) Practice
Note No. 1 – Public Land Management
APPENDIX A
Cabonne Local Environmental Plan 2012
Zone B2 Local
Centre
1 Objectives
of zone
• To
provide a range of retail, business, entertainment and community uses that
serve the needs of people who live in, work in and visit the local area.
• To
encourage employment opportunities in accessible locations.
• To
maximise public transport patronage and encourage walking and cycling.
• To
encourage mixed-use development that will promote community activity and safety
without compromising business development opportunities.
2 Permitted
without consent
Environmental
protection works; Home-based child care; Home occupations
3 Permitted
with consent
Boarding
houses; Child care centres; Commercial premises; Community facilities;
Educational establishments; Entertainment facilities; Function centres; Information
and education facilities; Light industries; Medical centres; Passenger
transport facilities; Recreation facilities (indoor); Registered clubs; Respite
day care centres; Restricted premises; Roads; Service stations; Sewage
reticulation systems; Shop top housing; Tourist and visitor accommodation; Any
other development not specific in item 2 or 4
4 Prohibited
Agriculture;
Air transport facilities; Airstrips; Animal boarding or training
establishments; Boat building and repair facilities; Boat launching ramps; Boat
sheds; Cemeteries; Charter and tourism boating facilities; Correctional
centres; Crematoria; Eco-tourist facilities; Electricity generating works;
Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight
transport facilities; Heavy industrial storage establishments; Industries;
Jetties; Marinas; Mooring pens; Moorings; Open cut mining; Recreation
facilities (major); Recreation facilities (outdoor); Rural industries; Rural
workers’ dwellings; Sewerage systems; Storage premises; Vehicle body
repair workshops; Waste or resource management facilities; Water recreation
structures; Water supply systems; Wharf or boating facilities
APPENDIX B
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APPENDIX
B – INVENTORY OF VILLAGE GREEN INFRASTRUCTURE AS OF 17 JULY 2017
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Directional
signage replicating adjacent street signage. Height of pole is not pedestrian
friendly.
Sign
and pole are in good condition. Suggest removal of sign as it duplicates
roadside directional sign. When considering signage within the Village Green
consideration should be given to identifying the intended audience ie
pedestrians or motorists.
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Street
signage adjacent to the Village Green
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Located
on the back of a road direction sign, this sign is one of only two that
identify the adjoining area as the Village Green. The sign is in poor
condition and requires revision of its information.
|
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Community
notice board, street directional signage located at the southeastern corner
of the Village Green. The result is a visual confusion of signs of different
sizes, colours and messages. It is suggested that an appropriate suite of
signage be developed to convey the relevant information and provide visual
cohesion within the setting.
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Double
sided community notice board. Review whether the Village Green is the most
appropriate place for this type of sign, or refresh the
advertising / information to connect with its audience (local community and
or the travelling public)
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Eastern
face of the community board requires refreshing as the information panel artwork
has faded. Review promotional information for accurateness.
Existing
signage does not readily identify the area as the Village Green. It is
suggested that the need for, and location of the community notice board be
reviewed, and consideration given to installing an interpretative sign
providing the history of the site as the former Royal Hotel.
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View
of Village Green from eastern side towards the north. An elm tree, base of
damaged RSL memorial, limestone boulders, rotunda / picnic shelter occupy the
central part of the Village Green.
Traditionally
a Village Green is an open space used by the community for casual recreation
such as picnics and relaxation, or for community events including markets or
gatherings for meetings, remembrance or celebration ceremonies.
The
Molong Village Green has lost its integrity as an area of open space through
the introduction of items and structures that collectively confuse the
interpretation of the area and the appeal of the space.
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The
base of the RSL memorial (the memorial plaque having been damaged and removed
in May 2017) is located towards the centre of the Village Green. The concrete
base is covered with modern day bathroom tiles and accommodates a granite
base on which a polished granite monument had been erected as a memorial to
the district’s servicemen and woman. The memorial was constructed c
2011, with the town’s Anzac Day services subsequently held on the
Village Green and replacing the long established tradition of Anzac Day marches
terminating at the War Memorial located at the nearby council building.
Initially a dark green picket metal fence surrounded the park memorial,
giving the effect of a cemetery headstone. The fence was later removed. The
monument toppled as a result of children playing at the site. The monument
has been removed from the site, leaving the damaged tiles and base. The RSL
seek to replace the previously small-scale memorial with a more imposing
Cenotaph proposed to be sited within the Village Green.
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Plaque
dedicating the addition of the flagpole to the Village Green as a
Bi-centenary project.
The
RSL sub branch, to accommodate two flags, has recently altered the single
flagpole.
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Time
capsule – Molong 150th Anniversary Committee 1985. Capsule
to be opened in 2035. This item is set into the ground amidst the limestone
bounders.
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Locally
sourced limestone boulders added to the site by former Council Engineer, Mr
Colin Crowe. The boulders have become a well-known feature of the Village
Green and are a delight to children.
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Village
Green viewed to the north. Vista to and from the historic coach house is
obstructed by the picnic shelter / rotunda.
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Although
located on adjacent land and in ownership separate to the Village Green, the
coach house provides the primary and dominant visual backdrop to the Village
Green and the adjacent streets.
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Golden
elm tree - specimen tree situated towards the centre of the Village Green.
The tree has been affected by elm leaf beetle and will require expert
horticultural care to ensure the health of the tree and its survival. An
electrical conduit cable runs up the northwestern side of the tree to power a
string of ornamental lights that have been suspended from the tree’s
branches. The tree is illuminated at night for effect.
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View
north east from pergola – showing crushed aggregate pathway, light
standards, electrical housing, rotunda / picnic shelter, specimen trees and
coach house backdrop
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Picnic
shelter, seating and table - constructed by Molong Advancement Group (MAG) c2010.
The structure was to be sited closer to Gidley Street, however has been
constructed in a more central location. The design and scale of the structure
has attracted public comment and some criticism, as it does not relate to the
space and is not respectful of the vistas to and from the coach house. It is
suggested that the structure be relocated and / or reused at more suitable
location within the town. Should additional picnic shelter facilities be
required for the Village Green, that the urban design and heritage advise of
council’s Heritage Advisor be sought and implemented.
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View
from northeast corner of the Village Green looking across the area towards
the southwest.
The
light post is one of four located along the northern and western boundaries
adjoining existing gravel pathways.
A
cluster of trees is also located in the NE corner of the area. A callistemon,
a eucalypt and a Robinia tree remain from a tree-planting program honouring
local clubs. A plague placed on a limestone marker situated in front of the
eucalypt indicates the Molong Red Cross donated the tree. A limestone
marker situated behind the light post (as shown in the photo opposite)
acknowledged the Molong Garden Club; the donated tree apparently not
surviving. The Robinia tree and the Callistemon are likely to also have been
donated however; no plaques can be located to confirm this.
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Marker
from the Bicentenary tree planting. This marker is a trip hazard to persons
visiting the Village Green, and those approaching the coach house.
Representatives from the Yarn Market have recently approached the Garden Club
requesting the hazard be removed. The Garden Club has notified council of its
agreement to remove the marker.
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Red
Cross plaque and marker situated at the base of the eucalypt tree. The tree
dedicated to the 75th year of the Red Cross in NSW. Whilst the
anniversary date is not recorded on the plaque, it is understood that 1989
was the year marking the anniversary.
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Downpipe
from adjoining Yarn Market building is not connected to storm water and
appears to be piped directly onto the ground within the Village Green
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Cracking
in eastern boundary wall of the building owned by Yarn Market. The proximity
of ornamental grape and wisteria vines planted by the Yarn Market over the
pergola located on the Village Green site is noted.
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Picnic
table and fixed seating set under the pergola. The condition of the seating,
paving and pergola is good.
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Recycled
plastic drum – general rubbish waste bin with plastic liner –
located near pergola seating
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Crushed
gravel pathway off main path and leading to a locked pedestrian gate
servicing the Yarn Market. The path requires maintenance as grass has started
to grow through the aggregate surface.
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Water
bottle refilling station located at Bank Street frontage – an
initiative of council and Central Tablelands Water. As of July 2017 the
refilling station is inoperative. The placement of the structure detracts
from the Village Green and streetscape visual amenity. It is suggested that consideration
be given to relocating the structure to a more suitable location for maximum
benefit of the local community.
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Bank
Street – southern edge of Village Green – street furniture
including a standard garbage bin receptacle. Three metal park benches face
the Village Green in this area. The seating and bin storage receptacle are in
good order. The seating is adjacent to the Village Green, the adjacent Yarn
Market and in close proximity to the inter town bus pick up / drop off
location. The Village Green is an alcohol free zone. The council signage
advising of the restriction is attached to the bin storage unit. The sign is
in good condition however, a review of the information conveyed is required.
The sign advertising the Yarn Market is located close to the boundary between
the Village Green and that premises. A crushed gravel path links the Bank
Street concrete pedestrian pathway to the Village Green and also provides a
link to the adjacent Yarn Market / Coach House property.
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View
to the west along the southern boundary of the Village Green towards the Yarn
Market. Three silver birch trees planted by the Yarn Market are located
within the Village Green adjacent to the pergola shelter.
The
Village Green has no defined entry points. The space is open along both
street frontages with no clearly defined guidance to the use of the space.
Consideration should be given to defining the Village Green by creating the
sense of arrival at a civic garden / park. Consideration of introduction of
low impact gardens along the Bank Street boundary would assist in defining
the space as well as providing visual and sensory experiences.
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Plague
attached to seat adjacent to Bank Street footpath. Providence unknown.
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Road
signs – Directional signage on southern side of Bank Street at the
intersection with Gidley Street is faded, and potentially relates to the era
when the Mitchell Highway traversed Gidley and Bank streets. Review the
necessity for these signs.
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View
south of the Village Green towards the Spanish Mission era architecture of
the Commonwealth Bank. Retain vista / views from within the park to Bank
Street.
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Street
trees – Desert ash planted along the Bank Street frontage are in poor
condition. These trees however provide welcome shade in summer for vehicle
parking. Expert horticultural care will be required to ensure the trees
survive. Consideration may be required to the eventual replacement of these
trees in accordance with council’s street tree masterplan.
Along
the western side of Gidley Street is a row of Prunus trees. They are in poor
condition and consideration should be given to replacing them with a more
suitable variety. Power lines run overhead, thus limiting plantings to
smaller trees. Council’s street tree planting masterplan should be
considered in relation to the setting of the Village Green.
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APPENDIX C
Images
of Royal Hotel, Molong. Source – www.cobbandco.net.au
Don Burns Collection
