Agenda of Ordinary Meeting - 24 October 2017

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 - 869518

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 - 869519

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 - 869520

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 - 869521

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 - 869522

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 - 869523

Recommendation

THAT:

1. Councillors call any items they wish to further consider

2. Items 7 to 11 be moved and seconded.

General Manager's REPORT

Items 7 to 11 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. September 26 2017 Ordinary Council Minutes ⇩ 2. October 17 2017 Extraordinary Council Minutes ⇩
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - MINUTES - 2017 - 869524

Recommendation

THAT the minutes of the Ordinary meeting held 26 September 2017 and Extraordinary meeting held 17 October 2017 be adopted.

General Manager's REPORT

The following minutes are attached for endorsement:

1. Minutes of the Ordinary Council meeting held on 26 September 2017.

2. Minutes of the Extraordinary Council meeting held on 17 October 2017.

ITEM 8 - PECUNIARY INTEREST RETURNS 2017

REPORT IN BRIEF

Reason For Report	Advising that as required by Section 450A of the Local Government Act (1993) the Pecuniary Interest Returns for the 2016/2017 period are to be tabled.
Policy Implications	Consistent with Code of Meeting Practice
Budget Implications	Nil
IPR Linkage	4.5.1.g. Code of Meeting Practice adhered to
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\PERSONNEL\DISCLOSURE\STAFF PECUNIARY INTEREST RETURNS 2017 - 870173

Recommendation

THAT:

1. Council note the tabling of Pecuniary Interest Returns for the period to 30 June 2017;

2. Newly elected councillors complete and lodge a Pecuniary Interest Return with the General Manager by 9 December 2017; and

3. The Pecuniary Interest Returns for newly elected councillors be tabled at the 19 December Council meeting.

Administration Manager's REPORT

Pecuniary Interest Returns (Returns) for the period to 30 June 2017 must be tabled at the Council meeting immediately following 30 September each year.

Returns received from last term’s councillors and designated staff are to be tabled on meeting day.

As per section 449(1) a councillor must complete and lodge a Return with the General Manager, within 3 months after becoming a councillor.

Accordingly, newly appointed councillors (i.e. those who have not been re-elected from last term) are required to submit a Return by 9 December 2017. These Returns will be tabled as required at the first meeting held after the last day for lodgement i.e. 12 or 19 December Council meeting.

ITEM 9 - YEOVAL ANNUAL SHOW 2018

REPORT IN BRIEF

Reason For Report	For Council to determine whether it wishes to apply for a declaration as a public holiday or a local event day
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\RECREATION AND CULTURAL SERVICES\EVENTS MANAGEMENT\YEOVAL ANNUAL SHOW - 870175

Recommendation

THAT Council lodge a formal application for the proclamation of a part-day public holiday from 8:30am to 7:00pm, for that portion of the township of Yeoval, which is in the Cabonne Council area on Tuesday 1 May 2018 for the Yeoval Annual Show.

Administration Manager's REPORT

Annual advice has been received from the Executive Director, Industrial Relations Group, NSW Treasury regarding applications under the Public Holidays Act 2010 (the Act) for the declaration of local public holidays and local event days for 2018.

The Act permits the Minister for Industrial Relations to declare a local public holiday, or a local event day, for the whole or part of the Council's local government area. This may be limited to a particular location in the Council's area, such as the boundaries of a particular town or a police district in an area nominated by the Council.

The application may request the declaration of a part-day local public holiday or local event day to accommodate the holding of an afternoon event. In recent years, a number of councils have made part-day public holiday applications to reduce costs to local business while facilitating the holding of, and attendance at, local and regional events.

In determining whether to apply for a local public holiday, or a local event day, Council should consider the costs to regional businesses and local communities in the declaration of a local public holiday within the designated area. It is expected that the Council will undertake a public consultation process, including consultation with relevant stakeholders, such as the local chambers of commerce, local banks, major employers and local schools located within the designated area.

Where it is proposed to request a part-day local public holiday, the Council should consider the impact on local schools and on the transport of school students who attend school on the day. In this regard, it is expected that the consultation process with local schools will take account of the transportation arrangements for students who attend school on the day.

In 2015, a review of the guidelines by NSW Industrial Relations proposed to implement a number of amendments to reduce the administrative burden on Councils regarding the process for making of annual applications under the Act. These amendments now enable applications to be made for the declaration of full or part-day public holidays and local event days for two consecutive years. However, due to the fact that the date for the Yeoval Annual Show is not known for the 2019 year, council’s application will only address the 2018 Annual Show.

An application for the declaration of a local public holiday or local event day (including a part-day holiday or event day) must contain the following additional information:

1. a statement regarding the history of the event and whether the event day has traditionally been observed as a full or half-day public holiday.

2. the date, the designated area and, if relevant, the hours during which the public holiday or local event day is to be observed;

3. the extent of community consultation undertaken in respect of the proposal;

4. copies of advertisements seeking public comment and a summary of the public's responses;

5. a summary of correspondence to, and responses from, relevant stakeholders, including bank managers; school principals; and chambers of commerce regarding the Council's proposal.

6. internal reports or information prepared for consideration by the Council and a copy of the Council's resolution authorising the making of the application;

· where an application is made for a public holiday or part-day holiday, details of: alternatives considered by the Council including the declaration a local event day; and

· arrangements for school students (including the provision of transportation for students attending schools on the day of a part-day public holiday).

Declaration of a Local Public Holiday Vs Local Event Day

Where a local public holiday is declared by the Minister a bank located in the designated holiday area will be required to close unless it holds an approval to open on the day under Part 3A of the Retail Trading Act 2008. Shops located within the designated holiday area are free to open without restriction.

The public holiday provisions contained in the National Employment Standards of the Fair Work Act 2009 (Cth) apply to local public holidays declared under the Public Holidays Act 2010. This means that all employees irrespective of their former entitlements and whose place of work is within a local public holiday area will be entitled to be absent from work on the day or part day that is the local public holiday or part holiday. In addition, employees who work on the day or part day may then have an entitlement to penalty rates under a relevant award.

In considering an application to the Minister for a local public holiday or part day, Council is expected to consult with the affected community and other relevant stakeholders, as to the impact of a local public holiday or part holiday on businesses located within the local government area.

As part of that consultation, Council may consider the option of a local event day declaration instead of a public holiday or part-day.

What This Means for Cabonne Council:

In previous years Council has approved to lodge a formal application on behalf of the Yeoval Annual Show which to get the best travelling displays and exhibitors holds the show mid-week in between the Wellington and Orange Shows.

It should be noted that in 2013 the Australia Hotels Association (NSW), on behalf of its members, submitted an expression of concern regarding the impact of a full local public holiday due to businesses being required to pay employees extended penalty rates. It was there on decided by Council in 2013, 2014, 2015 and 2016 that a part day public holiday from 8:30am to 7:00pm was the best option based on the advice.

Due to the timeframes of the event being from 8:30am until 7:00pm it is anticipated that if a part-day public holiday is granted Yeoval Central School will close for the day and St Columba’s Catholic School in Forbes will continue to run the standard bus lines.

2018 Yeoval Annual Show

Council has again advertised and received submissions from the following key stakeholders and residents of Yeoval:

From	Name	Does the submission meet the Criteria for an application
Yeoval Central School	Nicole Bliss - Principal	Yes
Yeoval P A & H Society Inc	Sharon Cantrell - Secretary	Yes
Yeoval & District Progress Association	Alf Cantrell – Secretary	Yes

Should the Council wish to apply for the declaration of a local public holiday or local event day, it will be necessary for the application to be forwarded to the Executive Director, Industrial Relations Group (NSW Treasury), by Friday 24 November 2017.

Council has the options to apply for a Part Day Local Public Holiday or Local Event Day: based on past dealings it is recommended that a Part Day Local Public Holiday be applied for.

ITEM 10 - AUSTRALIA DAY 2018

REPORT IN BRIEF

Reason For Report	Notifying councillors of the schedule for Australia Day 2018
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.4.1.e Facilitate Australia Day events annually
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\RECREATION AND CULTURAL SERVICES\EVENTS MANAGEMENT\AUSTRALIA DAY 2018 - 871033

Recommendation

THAT Council note the schedule for Australia Day 2018.

Administration Manager's REPORT

Preparations for Australia Day 2018 are underway with registration for the Ambassador program lodged with the National Australia Day Council.

Based on previous years it is expected that the Australia Day Ambassador will be announced in late November 2017.

Official Party Timetable

Council resolved in 2010 that as a matter of policy:

Visits to various Australia Day celebration events throughout the Cabonne LGA by the Official Party shall be based on a three-year rotating cycle with provision for adding or deleting localities as required.

The rotation has been as follows:

2015 – Borenore/Nashdale, Cudal, Manildra and Yeoval

2016 – Cumnock, Molong and Eugowra

2017 – Mullion Creek, Cargo and Canowindra.

In 2018, the Official Party will visit Borenore/Nashdale, Cudal, Manildra and Yeoval.

Nominations

Nominations for Citizen of the Year, Young Citizen of the Year and Community Group of the Year opened on 6 September 2017 and have been advertised extensively in all local media.

Council has so far received three nominations. Nomination forms are available to download from Council’s website and Facebook page and hard copies are available at its Molong, Cudal and Canowindra offices.

All Australia Day Committees/Progress Associations and schools have also been sent nomination forms.

Nominations will close 5pm on Friday 3 November 2017 for determination at the Australia Day Awards Committee Meeting to be held on Tuesday 28 November 2017 after the Ordinary Council Meeting.

Promotion and Determination

Councillors are asked for their continued support by spreading the word in their local area now that nominations are open. To maintain the community involvement and transparency of the process councillors may ONLY nominate in cases where no nominations have been received.

Council continues to encourage all Australia Day Committees to continue with their Australia Day celebrations and have offered support by way of promotion of their events and Council representation on the day for award presentations for those towns not included in the official itinerary this year.

ITEM 11 - MAY 2017 LOCAL TRAFFIC COMMITTEE

REPORT IN BRIEF

Reason For Report	For Council to ratify the recommendations of the committee.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.1.a - Provide quality administrative support and governance to councillors and residents
Annexures	1. 12 October 2017 Traffic Committee Meeting Minutes
File Number	\OFFICIAL RECORDS LIBRARY\CORPORATE MANAGEMENT\MEETINGS\TRAFFIC COMMITTEES - 870937

Recommendation

THAT Council ratify the recommendations of the Local Traffic Committee.

Director of Engineering & Technical Services' REPORT

Attached are the minutes of the Local Traffic Committee meeting held 12 October 2017. The items addressed and their associated recommendations are as follows:

Item 3. Orange Mountain Bike Club Event and National XCO Series

THAT Council approve the event subject to:

1. Implementation of the Risk Management Plan and Traffic Management Plan, in accordance with the “Guide to Traffic and Transport Management for Special Events” (RTA, v3.4 August 2006) for a Class 1 event.

2. NSW Road Rules being observed by participants at all times

3. Written approval being obtained from NSW Police

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

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

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

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

Item 4. 100 Percent Event Triathlon NSW Club Champions 2018

THAT Council request organisers to submit Improved Traffic Control Plans (tcp). Tcp 2,3,4,5,6,7,8,10 Improvements needed not enough signage ,no advanced warning signs , incorrect speed signs , incorrect distance of sign spacing

Item 5. White Ribbon Day March against Domestic Violence at Canowindra 24 November 2017

THAT Council approve the event subject to:

2. Written approval being obtained from NSW Police

3. NSW Road Rules being observed by participants at all times

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

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

6. The event organiser notify Council of any incidents or near misses that occur during the event

Item 6. The Great Southern Unity Ride

THAT Council to request the organiser to submit the mobile traffic control plan for RMS review and approval.

Item 7. Orange Colour City Running Festival 2018

THAT Council approve the request subject to:

2. NSW Road Rules being observed by participants at all times

3. Written approval being obtained from NSW Police

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

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

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

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

Item 8. Proposal to install safety barrier along Rodd Street close to Emma Street exit

THAT the Committee advise Council take no action at this time, request RMS to conduct further study and propose the solution.

Item 9. Proposal to close the Fenton Road at Mitchell Highway End

THAT the Committee advise Council take no action at this time. The committee would like to see a public consultation done with current residents and then investigate any crash data information for that location

Item 10. Proposal To install the road weight limit sign on Archer Road

THAT the Committee advise Council take no action at this time, suggested that investigation is undertaken to check on the conditional travel restrictions on the logging trucks, if they are permitted on archer road there can no further action taken.

Item 11. Propose upgrade of Lake Canobolas Road near Borrodell Vineyard

THAT the Committee advise Council to investigate any DA restrictions on the traffic flow from Endvale near Borredell Vineyard, the RMS is planning a full speed zone review in the next 6 months.

Item 12. Propose Speed Limit Changes in Borenore Road

THAT Council request RMS to conduct a speed zone review of this road.

Item 13. Propose Speed Limit Changes in Waldegrave Road and Woodville Road

THAT the Committee advise council that no action required.

Attached are the minutes of the Local Traffic Committee meeting held 12 October 2017.

ITEM 12 - DECEMBER 2017 AND JANUARY 2018 COUNCIL MEETINGS

REPORT IN BRIEF

Reason For Report	To discuss options relating to the December 2017 and January 2018 council meetings.
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 - 871333

Recommendation

THAT:

1. Council hold its ordinary meeting for December 2017 on either Tuesday 12 December or Tuesday 19 December;

2. Council not conduct an ordinary meeting in January 2018 due to the restricted timeframe available; and

3. An extraordinary meeting be conducted in January or February if necessary.

General Manager's REPORT

Council’s December meeting would normally be held on 26 December 2017, which is Boxing Day public holiday. In order to process any outcomes of the meeting prior to the Christmas break, it is proposed that the December meeting be brought forward to either the scheduled workshop day of Tuesday 12 December or the following week to Tuesday 19 December to enable business transacted at the meeting to be implemented.

In addition, Council has traditionally considered the conduct of a meeting during January not necessary, due to the limited business to be transacted and the availability of councillors and staff in this period. Should any urgent matter arise during January which requires consideration at a Council meeting, this can be done by arranging for an extraordinary meeting to be called.

ITEM 13 - REVIEW OF CABONNE BRAND

REPORT IN BRIEF

Reason For Report	To seek Council's direction in the review of the Cabonne brand.
Policy Implications	Nil
Budget Implications	Dependent on decision of council
IPR Linkage	4.5.1.a Provide quality administrative support and governance to councillors and residents
Annexures	1. 2017 Cabonne Council Concepts ⇩ 2. Council Logos ⇩
File Number	\OFFICIAL RECORDS LIBRARY\COMMUNITY RELATIONS\CORPORATE IMAGE\CORPORATE STYLE - 871515

Recommendation

THAT Council determine whether it wishes to proceed with a rebranding strategy.

General Manager's REPORT

Council has for a number of years been considering a review of its corporate branding, in particular, the Cabonne Council logo. The former General Manager had started discussions with a consultant regarding this project with the brief to ‘investigate a re-branding strategy/concept which I can use to engage with the Council and other stakeholders. The strategy should include discussion about imagery (eg logo) and should be aimed at encapsulating the common elements of Cabonne and be representative of all of Cabonne – promoting a sense of belonging and pride’.

The project was put on hold due to the uncertainty when Cabonne was under a merger proposal however it is considered that now Council is assured of its future and with a new council elected, it would be opportune to relook at this concept. Additionally, council is also in the process of redesigning its corporate website which is proposed to being launched in the new year. Any change to the corporate brand would be incorporated in the new website design.

The General Manager has been in contact with the consultant to reestablish contact regarding the branding project initially submitted for the attached logo concept.

Council currently uses three different logos for different purposes, as follows:

	Official corporate logo used for stationery, corporate website, town entrance signs, buildings and plant.
	Cabonne Country logo used for tourism promotion, village signs, Cabonne Country website.
	Developed for use on staff uniforms.

It has been suggested that whilst the corporate logo of Cabonne Council is dated, staff, councillors and residents are emotionally invested with the current brand and may be critical of any new brand evolution, particularly after Cabonne’s fight against amalgamation.

Council may want to retain the current logos, chose a preferred logo from the existing ones or explore the introduction of a more abstract design such as the attached example provided by the consultant.

As a point of reference, attached are examples of logos of other NSW councils.

The cost of deciding on a new brand and having it designed would be approximately $20,000 but the ultimate cost of implementation over time would exceed $1 million when signage, stationery and other costs are taken into account.

ITEM 14 - CANOWINDRA COUNTRY EDUCATION FUND

REPORT IN BRIEF

Reason For Report	Request for Council representative to the Canowindra Country Education Fund.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	3.4.1.a Monitor challenges and opportunities for education services provided in Cabonne
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\COMMUNITY SERVICES\SERVICE PROVISION\YOUTH SERVICES - 871399

Recommendation

THAT Council appoint Clr Anthony Durkin as representative to the Canowindra Country Education Fund.

General Manager's REPORT

The Country Education Fund (CEF) helps rural and regional communities support their local school leavers and in doing so, to invest in the future of rural and regional Australia. The local branch in Canowindra has recently been approved by the CEF Board. The governing body provides governance, insurance policies, guidance and assistance with the local fund as well as providing a dollar for dollar incentive.

The CEF is a national not-for-profit organisation, which establishes and supports local education foundations across Australia. Canowindra’s CEF (CCEF) raises funds for local youth to help them with their transition from high school into further education, training or jobs.

The CCEF will carry out a major fund raising event in October 2018 by way of a short film festival called Cano Mocs and Docs 2804. The festival will encompass documentaries and mockumentaries from three categories – primary, secondary and those who have left school.

The CCEF has requested that Councillor Anthony Durkin be authorised as council’s representative to this group.

ITEM 15 - CUDAL COMMUNITY CHILDREN'S CENTRE - REQUEST FOR ASSISTANCE

REPORT IN BRIEF

Reason For Report	To advise of a request for financial assistance.
Policy Implications	Nil
Budget Implications	Possible interest free loan
IPR Linkage	4.4.1.c. Provide assistance to community groups
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\COMMUNITY RELATIONS\SPONSORSHIP - DONATIONS\SPONSORSHIP - DONATIONS - 2017 - 871383

Recommendation

THAT Council provide it’s in principle support for the financial assistance subject to further clarification and review of their audited financial statements.

General Manager's REPORT

A request for financial assistance has been received from the Cudal Community Children’s Centre (CCCC) to assist with their renovation project. The proposal is as follows:

Amount: $70,000

Term: 7 years

Interest: Nil

Repayment: $10,000 pa

Repayable in 12 equal monthly instalments at a rate of $833.33 per month. The committee would look to draw on these funds if and when construction takes place. This loan may also be sought if the Centre looks to self-fund the initial stages of the building if they are unsuccessful in their grant application.

Council considered a similar request for assistance from the Molong Early Learning Centre (MELC) in 2015 where it was determined that the following be carried out before any commitment of funding

1. Request copies of the Centre’s audited financial statements;

2. Seek clarification in relation to the cost of the request for other council assistance such as payment of fees & charges; and

3. If necessary meet with the MELC to discuss the above.

It would be prudent to follow the same requirements for this request.

Council should be aware that in the event that the financial projections appear to meet the requirements to enable the CCCC to service the loan repayments, in making its decision council should take into account that more than 50% of the income is from government grants and is subject to changes of government policy.

ITEM 16 - RESCISSION MOTION - ORANGE REGIONAL TOURISM LIMITED

REPORT IN BRIEF

Reason For Report	For Council to consider a rescission motion lodged by councillors Nash, Newsom and Treavors
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.1.a. Provide quality administrative support and governance to councillors and residents
Annexures	1. Orange Regional Tourism - Background Information ⇩
File Number	\OFFICIAL RECORDS LIBRARY\COMMUNITY RELATIONS\MARKETING\BRAND ORANGE - 871130

Recommendation

THAT the rescission motion be dealt with.

General Manager's REPORT

A rescission motion has been received from councillors Nash, Newsom and Treavors as follows:-

“We the undersigned Councillors hereby give notice of our intention to rescind the following motion resolved at the Extraordinary Council meeting held 8 August 2017:-

ITEM – 4 ORANGE REGIONAL TOURISM LIMITED

RECOMMENDATION (Gosper/Davison) THAT if approval is received from the minister for Local Government for Cabonne to be able to become a member of Orange Regional Tourism Limited, that Cabonne Council commit $64,141.60 from its Reserve Funds to join Orange and Blayney Councils to become a member of Orange Regional Tourism LTD for 2017/18 and that a review be undertaken before the end of that term to determine council’s commitment for years 2018/19 and 2019/20. The Mayor called for a vote for the recommendation which resulted as follows: For: Gosper, Dean, Durkin, Walker and Davison Against: Nash, Wilcox and Treavors
Carried

Clr M Nash	Clr C Newsom	Clr G Treavors”

In order for it to be dealt with by the Council it will need to be moved and seconded on the meeting day.

As a new Council were elected in September, the previous reports and minutes relating to this matter are attached for councillors’ information.

ITEM 17 - RESCISSION MOTION - ORANA HOUSE

REPORT IN BRIEF

Reason For Report	For Council to consider a rescission motion lodged by councillors Weaver, Durkin and Walker.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.1.a - Provide quality administrative support and governance to councillors and residents
Annexures	1. Orana House - Background Information ⇩
File Number	\OFFICIAL RECORDS LIBRARY\COUNCIL PROPERTIES\MAINTENANCE\CANOWINDRA ORANA HOUSE - 871227

Recommendation

THAT the rescission motion be dealt with.

General Manager's REPORT

A rescission motion has been received from councillors Weaver, Durkin and Walker as follows:-

“We the undersigned Councillors hereby give notice of our intention to rescind the following motion resolved at the Council meeting held 27 June 2017 (it should be noted that the motion was in fact resolved at Council meeting held 25 July 2017):-

MOTION (Nash/Dean)

THAT:

1. The information outlined in the report be noted.

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

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

Carried

Foreshadowed Motion

THAT the proposed sale of the property known as “Orana House”, Ferguson Street Canowindra, is withdrawn from the market, pending all avenues and proposals have been heard by Council.


Clr J Weaver		Clr A Durkin		Clr K Walker”

In order for it to be dealt with by the Council it will need to be moved and seconded on the meeting day.

As a new Council were elected in September, the previous reports and minutes relating to this matter are attached for councillors’ information.

ITEM 18 - INTEGRATED PLANNING & REPORTING - OPERATIONAL PLAN FIRST QUARTER REVIEW

REPORT IN BRIEF

Reason For Report	To provide Council with the first quarter review for the 2017/2018 Integrated Planning & Reporting Operational Plan.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.1.a. Provide quality administrative support and governance to councillors and residents
Annexures	1. Operational Plan - First Quarter Review ⇩
File Number	\OFFICIAL RECORDS LIBRARY\CORPORATE MANAGEMENT\PLANNING\INTEGRATED PLANNING AND REPORTING 2017-2018 - 871018

Recommendation

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

Acting Director of Finance & Corporate Services' REPORT

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

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

The first quarter updates for the Integrated Planning & Reporting Operational Plan for 2017/2018 is attached which shows the culmination of the actions and strategies undertaken during that quarter.

ITEM 19 - NSW PUBLIC LIBRARIES CONFERENCE

REPORT IN BRIEF

Reason For Report	To advise of invitation to attend NSW Public Libraries Conference
Policy Implications	Attendance at conferences to be approved at a Council meeting where possible in keeping with Council policy
Budget Implications	Councillor's expenses provision
IPR Linkage	3.3.2.b Participate in decision making processes and initiatives of Central West Libraries (CWL)
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\COMMUNITY SERVICES\LIBRARY AND PUBLIC INFORMATION ACCESS\PUBLIC LIBRARIES NSW - 871277

Recommendation

THAT Council consider whether it wishes to authorise delegates to attend the NSW Public Libraries Annual Conference and AGM in Penrith from Wednesday 22 November to Friday 24 November 2017.

Administration Manager's REPORT

The NSW Public Libraries Annual Conference 2017 will be held at Panthers in Penrith from Wednesday 22 November to Friday 24 November. This will include the Public Libraries NSW Annual General Meeting on Friday 24 November. All member councils are encouraged to send delegates.

Full standard registration for the conference is $550 (plus GST) per delegate.

Accommodation in a standard room at Mercure Hotel Penrith (next door to the conference venue) is offered at $180 per room.

Further details are available at NSW Public Libraries Conference 2017

ITEM 20 - REQUESTS FOR DONATIONS

REPORT IN BRIEF

Reason For Report	For Council to consider the requests for donations recieved.
Policy Implications	Nil
Budget Implications	To be funded from existing budget allocation.
IPR Linkage	4.4.1.c - Provide assistance to community groups
Annexures	1. Molong Golf Club - Request of donation of funds paid for showground hire
File Number	\OFFICIAL RECORDS LIBRARY\COMMUNITY RELATIONS\SPONSORSHIP - DONATIONS\SPONSORSHIP - DONATIONS - 2017 - 872014

Recommendation

THAT Council donate $484 being the equivalent of fees for use of the Molong Showground back to the Molong Golf Club Committee.

Community Services Manager's REPORT

Molong Golf Club has requested Council to consider donating the equivalent of annual fees of $484 for the use of the Molong Showground back to the Club. In addition to the annual fees the club currently pays $596 for rates plus $479 to the Department of Industry and Lands for rent on the Club House site.

The club is run by a small group of volunteers for the benefit of the Molong community and with a limited income are finding it hard to remain viable. The Golf Club Committee has worked hard to contain electricity and insurance costs but still suffers from financial stress.

The Club has paid their annual fees for the use of the showground and has asked Council to consider donating back the equivalent of this cost.

Should Council wish to make a donation there remains $7,200 in the s.356 budget for donations for this financial year.

Donations so far this year are:

$500 Orange/Cowra/Cabonne Science Hub

$500 Mullion Creek Public School – travel to robotics championship

$200 Catering costs for Mental Health meeting at Molong

ITEM 21 - EVENTS ASSISTANCE PROGRAM 2017/18

REPORT IN BRIEF

Reason For Report	For Council to consider applications for funding under the 2017/18 Events Assistance Program
Policy Implications	Nil
Budget Implications	$2,500 to be funded from 2017/18 Events Assistance Program
IPR Linkage	4.4.1.c Provide assistance to community groups
Annexures	1. EAP Banjo Paterson Festival 2018 ⇩ 2. Canowindra Domestic Violence Committee - Event Assistance Program ⇩
File Number	\OFFICIAL RECORDS LIBRARY\GRANTS AND SUBSIDIES\PROGRAMS\EVENTS ASSISTANCE PROGRAM 2017-2018 - 870961

Recommendation

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

1. $2,000 for Banjo Paterson Australian Poetry Festival 2018; and

2. $500 for Canowindra Domestic Violence Committee.

Community Engagement and Development Manager's REPORT

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

Council has received two applications for funding under its 2017/2018 Events Assistance Program (EAP) for events to promote Cabonne and attract visitors to experience the area.

Application 1.

Organisation: Rotary Club of Orange

Event: Banjo Paterson Australian Poetry Festival

16-25 February 2018

Requested amount: $5,000

Reason for funding: A contribution towards the marketing and advertising of the festival with Cabonne Council promoted on all products and in the media due to Cabonne previously sponsoring and supporting this event.

Event Description

The Banjo Paterson Australian Poetry Festival is a 10-day festival staged throughout Orange, Cabonne and Blayney regions. The festival will celebrate iconic Australian poets and centre on historical displays, family fun and health lifestyle.

Key events will include night markets, breakfast in the park, poetry competition, self-drive trails, Banjo – More Than A Poet exhibition at Yeoval, Banjo Paterson birthday dinner, shop front displays in Orange and Cabonne and busking in Orange and Cabonne. They will also be a Mayoral Poetry Challenge involving the Cabonne, Orange and Blayney.

Events to be held wholly or partly in Cabonne include:

· Banjo self-drive historic trails;

· Concert@Yeoval with Anne Kirkpartick;

· Mandagery Creek Venison Farm;

· Twilight Garden Party@Stockmans Ridge;

· More Than a Poet Exhibition at Yeoval;

· Shop front displays;

· Poetry in the Schools;

· Street busking;

· Wine tastings from Cabonne vineyards.

Cabonne Country’s logo is to be displayed on all print and television advertising, including 10,000 programs distributed in Sydney, Canberra and the Central West. There will also be the opportunity to display banners and other promotional materials at key festival events.

Assessment

The submitted application meets the Core Events criteria of the Events Assistance Program, for which the maximum level of funding is $2,000. Last year, Council allocated $1,000 to sponsor this event.

Application 2.

Organisation: Canowindra Domestic Violence Committee

Event: White Ribbon Day March

24 November 2017

Requested Amount: $500

Reason for Funding Marketing and advertising the event

Event Description:

The Canowindra Domestic Violence Committee seeks to raise awareness of

family violence issues. The committee achieves this through the White Ribbon Day march and gaining participation of local schools and the wider community. This event was a success last year when Cabonne’s Mayor delivered a speech and represented Cabonne Council support.

Community groups involved in the White Ribbon Day March include the police, Canowindra High School, Rural Fire Service, Community Health and Canowindra Primary School.

Cabonne Council’s logo will be placed on all promotional material and our support recognised in the various speeches delivered on the day.

Assessment

The submitted application meets the Events Assistance Program criteria of a developing event.

EAP Funding Allocation 2017/2018	$50,900

25 July Orange Wine Festival 13 – 22 October 2017	$5,000
25 July Canowindra Balloon Challenge 2018	$20,000
25 July Yeoval District Ass. Back to Yeoval Weekend 28 -30 July	$600
25 July Canowindra Fine Music Weekend	$1,500
25 July MADIA Christmas Party	$1,000
26 September Australian National Field Days 26 – 28 October	$1,000
26 September Cargo Twilight Markets	$500

Total Expenditure	$29,600
Remaining Funds	$21,300

ITEM 22 - COMMUNITY ASSISTANCE PROGRAM APPLICATIONS

REPORT IN BRIEF

Reason For Report	To determine which community groups will receive funding under Council's Community Assistance Program 2017/2018
Policy Implications	Nil
Budget Implications	Yes - Council has a CAP budget alocation of $66,905 for the 2017/18 financial year.
IPR Linkage	4.3.1.a Operate Community Assistance Program (CAP)
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GRANTS AND SUBSIDIES\PROGRAMS\COMMUNITY ASSISTANCE PROGRAM 2017-2018 - 871066

Recommendation

THAT Council approve Community Assistance Program (CAP) funding for Applications 1-10.

Acting Economic Development Manager's REPORT

Council allocated $66,905 in its current budget for the 2017/18 Community Assistance Program (CAP). Not-for-profit community groups were invited to apply for community-related projects on non-commercial facilities which provide ongoing or sustainable benefits to Cabonne communities. Grants are allocated on a 50:50 basis, but communities can provide their half of the funding through voluntary labour or in-kind contributions.

Council received 15 applications for projects totaling $92,533.97. Ten projects with a combined value of $44,425.88 met the program guidelines. Should Council allocate funding to these 10 projects, $22,479.12 will be available for a second round of CAP funding early in 2018.

The full list of applications for this round of CAP funding is as follows:

	TOWN	APPLICANT	PROJECT	FUNDS
1	Nashdale	Nashdale Hall Committee	Install heaters for all year use at Nashdale Hall	$2,094.00
2	Cumnock	Cumnock Golf Club Inc	Purchase lawn mower for ground maintenance	$5,299.50
3	Eugowra	Eugowra War Memorial Swimming Pool	Beautify Pool Grounds, sprinkler system, paving, purchase chairs/tables	$3,030.00
4	Nashdale	Nashdale Parents & Citizens	School literacy notebooks to deliver digital literacy	$2,500.00
5	Manildra	MADIA	Replace Griffith Memorial Park Sign	$990.00
6	Cumnock	Cumnock Progress Association.	Interpretative Signage Project	$9,813.38
7	Cudal	Cudal Community Centre Committee	Shed to store gas bottle, barbecue to alleviate workplace safety issues	$2,644.00
8	Eugowra	Eugowra Promotion & Progress Association	Install automatic sliding doors at Rural Transaction Centre	$5,220.00
9	Manildra	Manildra Swimming Club	Portable shade structure	$400.00
10	Molong	Karma Yiwong Samten Ling Tibetan Buddhist Centre	Install solar panels and toilets at Compassion Hall	$12,435.00
11	Canowindra	Canowindra Rugby League Club	Replace benches at in canteen at Tom Clyburn Oval	$13,578.09
12	Canowindra	Canowindra Rugby Union Club	Upgrade the kitchen in rugby club house	$8,650.00
13	Manildra	Manildra Public School	Construction of school hall	$23,500.00
14	Borenore	Australian National Field Days	Design and produce promotional material	$1,500.00
15	Molong	Australian Heritage Association	Assist with insurance costs for community based heritage items throughout Australia	$880.00

Applications 11-15 did not meet the Community Assistance Program funding guidelines for the following reasons:

a) Applications 11 and 12 have access to other funding programs through the Canowindra Sports Trust.

b) Application 13 is for the construction of a school hall, which is a Department of Education infrastructure asset.

c) Application 14 was funded in September through a more appropriate program – Council’s Events Assistance Program.

d) Application 15 falls outside the guidelines of improving the liveability of Cabonne communities on non-commercial facilities within Cabonne Shire.

ITEM 23 - REQUEST TO CONSTRUCT PLAYGROUND AT THE CUDAL RECREATION GROUND

REPORT IN BRIEF

Reason For Report	To gain a letter of support from Council to construct a playground at the Cudal Recreation Ground
Policy Implications	Nil
Budget Implications	Nil for the construction, future maintenance costs will need to be funded
IPR Linkage	3.3.5.a Review community need for new and upgraded facilities
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\PARKS AND RESERVES\MAINTENANCE\CUDAL RECREATION GROUND - 871030

Recommendation

THAT Council endorse a letter of support to construct a playground at the Cudal Recreation Ground, subject to final design meeting council requirements.

Operations Manager - Urban Services and Utilities' REPORT

Recently Council received a request from the family of Ben Mitchell, a late member of the local community of Cudal. The request asked for a letter of support from Council endorsing the construction of a playground at the Cudal Recreation Ground in his honour.

The family has contacted Ben’s former employer, Cadia Valley Operations, to ascertain if they would support this special commemorative gesture. They have indicated support and have requested the family to lodge an application with the Community Grants Committee of the organisation.

A pre requisite for this application is a letter of support from the Council. A successful grant application would fully fund the playground purchase and construction costs.

Council would be involved in the selection of the proposed playground ensuring that such items were addressed;

· Compliance to current standards/Safety,

· Shelter,

· Access,

· Signage as Remote Supervision,

· Level of future maintenance required.

If this project is successful and proceeds even with the correct playground equipment procured and constructed, Council will assume the future maintenance costs of the facility. These costs are likely to be less than the current costs incurred by Council’s other playgrounds because this playground will not be located within a park or on a major thoroughfare, therefore the utilisation of this playground will be low.

ITEM 24 - PLANNING PROPOSAL - 411 LOWER LEWIS PONDS ROAD, CLIFTON GROVE

REPORT IN BRIEF

Reason For Report	To obtain council resolution to proceed to amend Cabonne LEP 2012.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.1.c Provide appropriate mechanisms for democracy and participation for Cabonne residents
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\LAND USE AND PLANNING\PLANNING\AMENDMENT 6 TO LEP 2012 - LOT 9 DP 243046 - 411 LOWER LEWIS PONDS RD, CLIFTON GROVE - 870047

Recommendation

THAT pursuant to section 59 of the Environmental Planning & Assessment Act 1979, council forward the Planning Proposal to the Department of Planning and Environment for the Minister to make a Local Environmental Plan to rezone Lot 9 DP 243046, being 411 Lower Lewis Ponds Road, Clifton Grove, Orange from RU1 Primary Production to R5 Large Lot Residential with a minimum lot size of 2ha.

Director of Environmental Services' REPORT

Council at its meeting of 23 May 2017 resolved to support a request from LandOrange Partnership to amend the Cabonne Local Environmental Plan 2012 to rezone Lot 9 DP 243046, being 411 Lower Lewis Ponds Road, Clifton Grove, Orange from RU1 Primary Production to R5 Large Lot Residential with a minimum lot size of 2ha.

The proposal was forwarded to the department on 3 July 2017 and a Gateway Determination was issued by the department on 27 July 2017.

In accordance with the Gateway Determination the Planning Proposal was initially referred back to the proponent for amendment to reflect the s117 Direction relating to the recently adopted Central West and Orana Regional Plan. The amended planning proposal was placed upon public exhibition for a period of 14 days from 8 September 2017 until 22 September 2017. During the exhibition period the Planning Proposal and all relevant documents were available at the council’s Molong and Cudal offices, and through council’s web site. Notification was made through public advertisement placed in the Central Western Daily newspaper, and by correspondence to adjoining landowners.

As required by the Gateway determination, the planning proposal was forwarded to NSW DPI – Water, NSW Office Environment and Heritage, NSW Rural Fire Service and also Orange City Council, with submissions to be received by Cabonne Council by 29 September 2017.

By the close of the notification phase no community submissions had been received by council. Responses from NSW DPI – Water and RFS were provided, generally in agreement of the rezoning proposal.

The council may now consider to resolve to proceed with the amendment to the local planning provisions, in accordance with the submitted amended Planning Proposal, and the issued Gateway Determination.

ITEM 25 - DEVELOPMENT APPLICATION 2018/005 - EXPANSION OF EXISTING EXTRACTIVE INDUSTRY - LOT 28 DP 1227863, SPRING HILL ROAD, SPRING HILL

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 Condition 2018 005 ⇩ 2. Statement of Commitments
File Number	\Development Applications\DEVELOPMENT APPLICATION\2018\03-2018-0005 - 870740

Recommendation

THAT Development Application 2018/005 for expansion of an extractive industry upon land described as Lot 28 DP 1227863 and known as Spring Hill Quarry, Spring Hill Road, Spring Hill, 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 Development Application 2018/005 for expansion to an extractive industry on Lot 28 DP 1227863, Spring Hill Road, Spring Hill.

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

Applicant: J & V Carman c/- Geolyse

Owner: JL & V Carman

Proposal: Expansion of extractive industry (shale/siltstone quarry)

Location: Lot 28 DP 1227863, Spring Hill Road, Spring Hill

Zone: RU1 Primary Production

BACKGROUND

Small scale quarry activity has been established upon part of the subject land for approximately 50 years. State government legislation introduced in the 1990s required mines and quarries to obtain development consent under the Environmental Planning & Assessment Act. A State Environmental Planning Policy was introduced in 2007 to guide planning assessment of mining, petroleum production and extractive industries.

A Development Application was approved by Cabonne Council on 15 September 1997 vide DA 95/153 for operation of the Wattle Grove gravel quarry at Spring Hill. Extraction of up to 15,000 cubic metres of gravel per annum (approx. 30,000 tonnes/year) was permitted under the approval. The approval permitted the extraction of gravel from the quarry pit, storage of material on site, and transport of processed aggregate off-site. The approval also incorporated requirements for site sediment/erosion control, site rehabilitation and environmental management.

In 2009 a subdivision (boundary adjustment) was facilitated between adjoining lands that transferred approximately 15 ha of land immediately surrounding the quarry to a separate allotment and ownership. This resulted in land previously associated with the quarry being transferred away from the quarry operations. The boundary adjustment meant that strict compliance with the terms of the quarry development consent could no longer be achieved, particularly in relation to management of vegetation buffers.

The quarry has operated intermittently during the past 20 years by varying leases. The quarry formed a small area of a larger rural holding. The operation of the quarry has slowly evolved from that proposed by the 1990s development application.

The land containing the quarry has recently been purchased by the proponent, and in completing the transaction a minor boundary adjustment was undertaken between the boundaries of the quarry lot and the parent farm lot. The proponent, being the incoming owner of the quarry area, has prepared and submitted a development application to enable environmental assessment of the quarry activity and to enable adequate environmental and management controls to be applied to the site.

The working quarry occupies an area of approximately 1.8ha of the overall 27.7ha rural holding. Access to the farm land and the quarry is gained from a shared right of way over Lot 27 DP 1227863 to Spring Hill Road.

Under Part 4 of the Environmental Planning & Assessment Act extractive industries may require development consent. Schedule 3 of the regulations applies and establishes criteria for determination of development deemed likely to have environmental impact. Such development is described as designated development. Clauses 35 & 36 of Schedule 3 of the regulations permit development assessment of certain activities without requiring an Environmental Impact Study (a requirement of designated development), when the proposed development does not significantly increase the environmental impacts of the total development (that is the existing development together with the additions or alterations). The proponent has provided sufficient information to satisfy council that the development could be assessed by merit based consideration of a Statement of Environmental Effects.

The small-scale operation of the quarry has not, and does not require an Environmental Protection License (EPL) from the NSW Environment Protection Authority (EPA) to regulate the various component activities of the approved extractive industry. Council remains the relevant consent authority.

Development Application 2018/005 was lodged on 6 July 2017. The application was neighbourhood notified with submissions closing on 28 July. A summary of submissions was provided to the proponent to review and provide comment. The proponent has subsequently submitted a revised Statement of Environmental Effects to address the public submissions and to provide a Statement of Commitments clarifying the future management of the resource site.

THE PROPOSAL

The applicant seeks approval for the continued operation of the quarry, and the expansion of the active working area by 0.31 ha, for the purpose of extracting siltstone/shale. Clay intervals in the overburden would also be separated as a saleable product. Topsoil is stripped and retained for rehabilitation purposes. Quarrying does not require blasting as the rock is fine bedded and fractured, allowing for manual extraction with a bulldozer and excavator. The quarry walls are scaled for stabilization. The current depth of the quarry pit ranges from 10-15m from natural ground level. No processing (crushing, grinding or screening) of the extracted material is required.

Extracted material is loaded onto trucks within the quarry site, with vehicles entering and leaving the site through designated access pints onto a private access road adjoining Spring Hill Road.

Surface water run off within the quarry is directed to existing water storage areas provided within the quarry. Perimeter bunds minimize run off from outside the quarry from entering the quarry area.

Site plant includes a bulldozer, excavator and loader. A small water truck is available for dust suppression. Site plant is refueled on site by a service vehicle. No fuels or chemicals are stored on site. A site office is provided towards the southern boundary of the quarry.

The extraction of siltstone/shale and clay satisfy the definition of extractive material as provided in Part 4 of Schedule 3 of the Environmental Planning and Assessment Regulations 2000.

The development application proposes:

· Quarry activity would continue with proposed annual extraction not exceeding 15,000 tonnes per annum (approx. 8,333m3 – being 50% of the extraction rate applied to the previous development consent)

· To reduce the quarry floor of the active working area of the quarry to 2m below the current floor level at the southern boundary of the quarry. This current low point does not interact with any groundwater resource and similarly is not expected that any interaction is likely.

· A Statement of Commitments to address environmental management of the quarry. The Statement of Commitments has been provided by the proponent as an additional measure for the management and remediation of the quarry. This has been provided to ensure clear and transparent management procedures and to address long-term complaints by an adjoining landowner relating to previous quarry operator actions.

· Existing access arrangements to the site will be retained from the existing ROW, with a one-way traffic system through the quarry.

· Minor realignment of the internal haul road egress.

The area impacted by existing and proposed extraction, storage and administration is approximately 1.8ha in disturbance. It is considered that at maximum extraction rate that the life of the resource would be in the order of 9 years extraction. The proponent indicates their operation is likely to be more modest, and that the life of the resource may be extended accordingly.

Site rehabilitation is to be achieved in accordance with the submitted rehabilitation plan to produce a final landform that achieves a stable and functional drainage system at the site, and minimizes erosion and sedimentation. Ongoing rehabilitation is to be carried out on the area currently not required for quarry extraction or storage of material. This rehabilitation work is to be undertaken to reverse the impact of past activity by previous site operators.

Site Map

8420892

Site map

Aerial view of area

Aerial view of quarry

Proposed development

Final landform rehabilitation

The extractive industry (quarry) is located at the western end of the subject property. The remainder of the holding is utilized as a grazing enterprise. There is no dwelling situated upon the holding.

The quarry foot print and associated sediment ponds, bund walls and perimeter landscaping vegetative utilizes approximately 1.8ha of the 27.7ha holding. Ancillary infrastructure to the quarry use includes the internal haul road and a site office.

MATTERS FOR CONSIDERATION

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

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

Clause 1.2 Aims of the Plan

The broad aims of the LEP are as follows:

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

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

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

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

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

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

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

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

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

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

Clause 1.9A Suspension of covenants, agreements and instruments

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

· Covenants imposed or required by council

· Prescribed instruments under s183A of Crown Lands Act 1989

· Any conservation agreement under National Parks and Wildlife Act 1974

· Any trust agreement under the Nature Conservation Trust Act 2003

· Any property vegetation plan under the Native Vegetation Act 2003

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

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

Mapping

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

Land zoning map	Land zoned RU1 Primary Production
Lot size map	Minimum lot size 100 HA
Heritage map	Not a heritage item or conservation area
Terrestrial Biodiversity Map	No terrestrial biodiversity
Flood planning map	Not within a flood zone
Natural resource – karst map	Not within a karst area
Drinking water catchment map	Part within a drinking water catchment area
Riparian land and watercourse map, groundwater vulnerability map	Part affected by 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 extractive industry (gravel quarry) is permissible within this zone, subject to Council’s development consent.

Objectives of the RU1 Primary Production zone

The modified 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.

The remainder of the 27.7ha holding continues to operate for agricultural production. The continued quarry activity will have minimal impact upon the continued agricultural use of the property or adjacent lands.

Part 6 – Additional local provisions

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 quarry is predominantly outside the mapped groundwater vulnerable area. The proponent states that the water table has not been intersected at the lowest point of the existing quarry, and there has been no water table interaction during test drilling. Existing sumps / settlement ponds exhibit no evidence of interaction with the water table. The proponent has addressed the hydrogeology of the area in the submitted SOEE (as amended) and demonstrated that appropriate measures can be implemented to ensure the protection of the groundwater within the area.

6262964

Ground water

Mod high – high groundwater vulnerable

Clause 6.5 Drinking water catchments

The objective of this clause is to protect drinking water catchments by minimising the adverse impacts of development on the quality and quantity of water entering drinking water storages.

Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that:

(a) the development is designed, sited and will be managed to avoid any significant adverse impact on water quality and flows, or

(b) if that impact cannot be reasonably avoided—the development is designed, sited and will be managed to minimise that impact, or

A small area of the northern extent of the quarry site is mapped as being located within a drinking water catchment. The extension to the existing quarry is unlikely to impact upon the drinking water catchment as site works are contained with no external run-off. The proponent has provided a Statement of Commitments that addresses the environmental controls and measures that will be implemented to ensure protection of the environment.

9279761

Drinking Water Catchment

Clause 6.8 Essential services

Council is satisfied the relevant following essential services are available for the development.

REGIONAL ENVIRONMENTAL PLANS

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

STATE ENVIRONMENTAL PLANNING POLICIES

Rural Lands SEPP applies to the subject land. The proposal is not inconsistent with the provisions of the SEPP.

SEPP (Mining, Petroleum Production and Extractive Industries) 2007 applies to the development. The proposal is not inconsistent with the SEPP. The quarry is set within a rural landscape and is low scale in nature. Quarrying the resource will provide material to respond to local demand. The Statement of Commitments provides management controls to preserve rural amenity by way of hours of operation, dust control and site management. The site is unlikely to have an adverse impact upon significant water resources or areas of threatened species or biodiversity. Traffic generation would be consistent with / or less than the historical use of the site.

SEPP 44 – koala habitat applies to the Cabonne Council area. There are no known sightings of koalas in the locality, or sources of koala habitat.

SEPP 55 Contaminated Land – applies to the Cabonne Council area. It is unlikely that past land use of the subject site would render it unsuitable for the present or proposed use.

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 complies with the relevant standards in the DCP.

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

Pursuant to Clause 35 & 36 of Schedule 3 of the Environmental Planning and Assessment Regulation 2000, it is considered the proposal is not designated development. Council is satisfied ‘the alterations or additions do not significantly increase the environmental impacts of the total development (that is the development together with the additions or alterations) compared with the existing or approved development’.

The activities are ancillary to the existing quarry operation and do not increase the scale of the quarry extraction or production. The quarry retains operational approval to extract a maximum of 15,000 tonnes (equating to 8,333 cubic metres) of aggregate per year.

The proposal does not contravene the relevant provisions of the Environmental Planning and Assessment Regulation 2000. Council is the relevant assessing authority for the development proposal.

Environmental Protection License

Under Schedule 1 of the Protection of the Environmental Operations Act 1997, the quarry is not a scheduled activity and does not require an Environmental Protection License from the NSW Environment Protection Authority.

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

Context & Setting

The existing quarry is positioned on the eastern side of a north-south orientated rise and is not visible from the Spring Hill Road. Surrounding land is primarily used for agriculture. There are eight (8) neighbouring dwellings within 1km radius of the quarry, including three dwellings within a 500m radius. Due to the topography and the existing bunds surrounding the quarry it is considered that the expansion of the quarry will have minor visual impact upon existing residences within the locality.

Location of dwellings

It is proposed to extend perimeter bunds along the quarry expansion area to further screen to quarry from nearby residences (dwellings 1, 2 and 3). Additional landscaping, along with site remediation will be implemented to minimize visual impacts.

Environmental management measures can be implemented to minimse any perceived adverse impact as a result of the development continuing. The quarry land use is considered to be appropriate in terms of context and setting within a rural landscape.

View from the north west boundary overlooking quarry

The quarry site is mapped as Biophysical Strategic Agricultural Land (BSAL). The quarry site has historically been used for extractive industry and the loss of an additional 0.31ha of agricultural land to expand the quarry for resource recovery is not considered significant. Rehabilitation of the final landform will return much of the site to grazing land.

It is noted that the site is also within two Exploration Leases held by Gosling Creek P/L and Gold & Copper Resources P/L. The existing quarry and proposed expansion would not limit the ability off exploration companies to undertake exploration activity at or near the quarry.

Access & Traffic

The access to the site for all vehicles is via a ROW off Spring Hill Road. The ROW services the subject land, a rural allotment and a lifestyle allotment located east of the subject land. The existing access and internal haul road are maintained both as gravel surfaces. The traffic using the existing ROW is generally local residents and quarry related vehicles.

Traffic generation

ROW off Spring Hill Road The quarry had approval to extract 15,000 cubic metres (30,000 tonne) of material per annum. The current application seeks approval for 8,333 cubic metres (15,000 tonne) per annum extraction.

Trucks carrying on average 23 tonnes will service the quarry site as required. The potential haul traffic generation has been calculated as 13 trucks (26 movements) per week, based on operating 6 days per week for 48 weeks per annum. Maximum traffic movements would be 10 movements per day, limited to short-term periods. Based on the small-scale nature of the operation it is likely however that there will be periods where no activity occurs on site.

The 1997 approval permitted 12 movements per day rising to 24 movements during peak times. The reduction in traffic generation reflects the operators management strategy.

The road system (Spring Hill Road) is adequate to accommodate the continuation of quarry activity. The proponent is to implement a Driver Code of Conduct to reinforce safe road use, particularly for haul traffic padding through the village of Spring Hill to the north of the quarry.

The quarry is accessed via an existing gravel private access road off Spring Hill Road. The access is constructed to a standard that allows safe access for the largest vehicles associated with the quarry development. Council’s Development Engineer has advised that the access does not require any further upgrade as part of the development application.

Assessment of the development proposal indicated that it is a small-scale development and that a road usage levy is not triggered for the use of Spring Hill Road.

Hours of operation

The proponent seeks to limit site operation between 7am and 6pm Monday to Friday and 7am to 3pm Saturday, with no work on Sunday or Public Holidays. Due to the topographic shielding of the site, the day light hours of operation, and the absence of site processing or blasting, it is considered that local acoustic amenity would not be degraded.

Air quality

The expansion of the quarry site operation is unlikely to cause potential cumulative offensive or significant air quality impacts. The proponent proposes to maintain the internal road surface to minimize dust emission, maintain plant and machinery, cover loads leaving the site, limit speed of trucks on the internal haul road and the private access road, strategically water as required using reclaimed surface run off water from storage areas within the quarry, and temporarily suspend vehicle movements in excessively dry and or windy conditions.

Flora and fauna

The site expansion requires removal of two native trees. The felled trees are to be left in-situ for 24 hours to allow any fauna species to relocate.

Cumulative impact

The expansion of the quarry will not lead to an icrease in activity from the quarry. The expansion will ensure a continued supply of gravel for use within the district. Impacts of the expansion have been identified and subject to compliance with the draft conditions of consent is unlikely to have an adverse environmental impact.

SUITABILITY OF THE SITE s79C(1)(c)

Physical Attributes and Hazards

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

The site is not mapped as bushfire prone. Localised flooding from rainfall events is known to affect the existing quarry site, but is not a common occurrence. In such an instance, resource extraction is to be suspended and water pumped from the quarry floor onto grassed areas of the site or cultivated land within the subject allotment.

The site has been mapped as have low potential within underlying geology to contain Naturally Occurring Asbestos (NOA). The rock types observed at the quarry site include siltstone and shale. No mafic volcanic rocks were identified in the quarry face. Quarry operations will cease if any change in rock type is observed, and a suitably qualified geologist experienced in NOA would be engaged to investigate.

1701146

Potentially low risk geology for Naturally Occurring Asbestos

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. Six (6) submissions were received by the close of the exhibition phase. Copies of all submissions will be provided to councilors under separate cover.

Issues raised in the submissions are summarised as follows:

Submission

Comment

Submission 1 – Spring Hill & Surrounding District Consultative Committee Inc.

Very high quality groundwater of the location must be protected from any activity that could introduce contamination of the underlying basalt aquifer, taking into account the high water table at the location. As the site is within a zone where NOA has been identified, ensure thorough testing of the past and proposed excavation site for presence of NOA.

Request that consideration be given to basalt aquifer groundwater and the land being classified as State Biophysical Strategic Agricultural Land.

Noted. Condition of consent / statement of commitment address issues.

Submission 2 - Cyril Smith for Orange and Regional Water Security Alliance

Requests that consideration be given to any possible contamination of the water table and the possibility of aquifer interference with the continuation and expansion of the quarry.

Noted

Submission 3 - SW Platt & G Schumacher

Dust from private access road affects nearby residents. Previously advised by new owner of quarry that a water truck would be regularly used on the road.

Issue of uncovered loads leaving the quarry and traversing Spring Hill Road.

What assurance can be given that vegetation planting will happen, given the history of past operators.

What will be the impact on the local water table if the excavations reach 17m.

The writers support the submission of I & S Stewart.

Noted. Conditions of consent proposed to address dust issue and driver code of conduct.

Submission 4 - J Elliott

The writer supports the submission of I & S Stewart.

Noted

Submission 5 - B Elliot

Opposed to development.

There is no fence – suggests a 2m high boundary fence.

Possibility that the quarry may affect water table levels and the writer’s springs being reduced.

Wants to see tree planting undertaken to avoid soil erosion.

Noted.

Noted. Condition of consent / Statement of commitments address issue.

Condition of consent requires site rehabilitation.

Submission 6 - I & S Stewart (submitted several submissions with attachments)

The quarry has operated over the past 20 years without rehabilitation.

The working area of the quarry exceeded the footprint referred to in the 1997 DA.

Past operators of the quarry did not satisfy conditions of consent.

Existing bund walls are superficial.

Not enough topsoil on site to rehabilitate the quarry area.

Removal of topsoil from site.

Concern that the quarry wall will be a 17m vertical drop.

Concern for ground water contamination.

Run off goes into the water table.

Quarry site has received building rubble and greenwaste.

Operator has removed native trees and excavated close to neighbour’s boundary.

Uncovered loads and spill of gravel onto Spring Hill Road.

Access road not watered – excessive dust on premises in close proximity to quarry road.

Mining below water table without a licence.

Compliance with terms of 1997 consent has not be adequately imposed.

No progressive rehabilitation of site.

Provision of additional information by submission maker:

Unsolicited peer review of SoEE by RW Corkery & Co.

Application should be considered as Designated Development as requirements of clauses 35 & 36 of Part 2 of Schedule 3 of EP & A Regulations have not been achieved.

Application is regional development.

SoEE is inadequate, as plans do not show land contours.

Insufficient information to determine proposed activities.

Extraction rates quoted varies in SoEE.

Life of the development is not identified.

SoEE does not adequately address traffic, groundwater, safety and waste management.

Should the application be approved the reviewer suggests council require a list of specific and measurable commitments, an independent annual audit and an independently determined bond to secure rehabilitation commitments.

Comments noted. The proponent’s revised SoEE and the associated Statement of Commitments addressed relevant environmental and site management issues. The Statement has been incorporated in the draft notice of consent.

The various issues identified through the submissions have been addressed by the proponent and considered as part of the merit based assessment of the development proposal. The proposed development is recommended for approval, subject to conditions of development consent.

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 proposed application is permissible with the consent of council. The development complies with the relevant aims, objectives and provisions of the Cabonne Local Environmental Plan 2012. A section 79C assessment of the development indicates that the development is acceptable in this instance. 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 26 - UPGRADE OF SMITH ROAD, MARCH - DEVELOPMENT APPLICATION 2007/0138 - RURAL SUBDIVISION (7 LOTS) - LOT 245 DP 756890 & LOT 1 DP 591097, KANGAROOBIE ROAD, MARCH -

REPORT IN BRIEF

Reason For Report	Council consideration of road upgrade costs.
Policy Implications	Nil
Budget Implications	Funds of $36,700 to be taken from Capital Works Reserves.
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. Smith Road - Road layout ⇩
File Number	\Development Applications\DEVELOPMENT APPLICATION\2007\03-2007-0138 - 871022

Recommendation

THAT Council approve 50% contribution for the upgrade of Smith Road, March of $36,700 to come from the Capital Works Reserve.

Development Engineer's REPORT

SUMMARY

Applicant: PW Jackson, C/- Peter Basha Planning & Development

Owner: Mr PW Jackson

Proposal: Conditions of Consent - Seven (7) lot rural subdivision

Location: Lot 245 in DP 756890 and Lot 1 DP 591097, Kangaroobie Road, March

Zone: 1(a) General Rural

Council at its meeting held on 19 April 2010 granted conditional approval to a seven (7) lot rural subdivision (DA 2007/138), on land known as Lot 245 in DP 756890 and Lot 1 DP 591097, Kangaroobie Road, March. A further report was considered by council at its November 2016 meeting requesting a proposed modification for :-

· Deletion of Condition 7 (Staged Development) so the development can be released in any sequence subject to completion of the conditions relevant to the particular lot(s).

· Modification of Condition 28 (Road Design and Construction) so that the applicant is not responsible for the full cost of the road (Smith Road) upgrade.

No other aspects of the approved seven (7) lot rural subdivision were altered by the proposed modification.

The motion read;

THAT Council:

1. Delete condition 7 of development consent DA 2007/138 being a seven (7) lot rural subdivision located upon Lot 245 in DP 756890 and Lot 1 DP 591097, Kangaroobie Road, March.

2. Undertake a 50:50 sharing of costs on the Smith Road upgrade between developer and Council.

3. Amend condition 28 to reflect Council’s contribution to Smith Road.

4. Resolve that the expenditure is required and warranted because Smith Road is being used by the public and the condition raises health and safety issues.

BACKGROUND

Approval was given for a seven (7) lot rural subdivision (DA 2007/138) which consisted of three concessional lots with dwelling entitlement (Lot 1-3), and four agricultural lots with dwelling entitlement (Lots 4-7). Access to Lots 1-4 and 6, was approved to be gained via the existing entrance off Kangaroobie Road; Access to Lot 7 was approved via a Right of Way over an unformed Crown Road off Kangaroobie Road; and access to Lot 5 was approved via Smith Road/Mulyan Road.

A Construction Certificate for provision of private access to proposed Lots 1-3 in the seven lot subdivision was issued on 25 July 2011, with the works carried out and inspected. A Physical Commencement letter has also been issued by council on 16 April 2012 for the construction of the access points and boundary fencing for Lots 1-3 which, has ensured the perpetuity of the approved development consent.

THE PROPOSAL

Council requires Smith Road to be upgraded from the south eastern corner of Lot 221 DP 756890 to the north eastern corner of Lot 220 DP 756890. The required stand is Rural Class 3 Level 1.

As per the November 2016 report to council, the applicant is required to contribute 50% of the costs to upgrade the road. As per council’s Procurement Policy the applicant has submitted three (3) written quotes to council for consideration from the following contractors;

NAME	PRICE (ex GST)
B & L Morrison Earthmoving Pty Ltd	$95,000.00
Connor Earthmoving Orange Pty Ltd	$124,072.14
Edmar Plant Hire	$73,400.00

Cabonne Council also provided an in house quotation of works in order to set a benchmark cost for the works of $135,368.00.

The applicant has indicated that their preferred contractor would be Edmar Plant Hire as per the following cost (ex GST) itemised below;

830m gravel road (4 metres wide, 150mm thick) $57,000.00

525mm twin cell culvert (x1) $6,800.00

375mm culvert (x4) $9,600.00

TOTAL $73,400.00

It is recommended that Council accept Edmar Plant Hire being the preferred contractor to undertake the upgrade of Smith Road and agree to pay up to 50% of the quoted amount being $36,700.00 (ex GST) from the Capital Works Reserves.

ITEM 27 - DEVELOPMENT APPLICATION 2018/028 - CONSTRUCTION OF BOUNDARY FENCES - LOT 7 DP 1193183, 15 FOYS DRIVE, MOLONG.

REPORT IN BRIEF

Reason For Report	To obtain council's determination of the development 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 CONSENT FOYS DRIVE ⇩
File Number	\Development Applications\DEVELOPMENT APPLICATION\2018\03-2018-0028 - 872067

Recommendation

THAT Development Application 2018/028 for boundary fencing at Lot 7 DP 1193183, 15 Foys Drive, Molong, be granted consent subject to the conditions attached.

Director of Environmental Services' REPORT

ADVISORY NOTES

Record of voting

Political Disclosures

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

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

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

Nil planning application disclosures have been received.

Nil public submission disclosures have been received.

SUMMARY

The following report provides an assessment of the development application submitted for boundary fencing at Lot 7 DP 1193183, being land known as 15 Foys Drive, Molong.

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

Applicant: GJ Gardiner Homes Orange

Owner: Mr B and Mrs D King

Proposal: Construction of perimeter / boundary fences

Location: Lot 7 DP 1193183, 15 Foys Drive, Molong

Zone: R5 Large Lot Residential

Background

The allotment was one of 12 lots created in 2013 as a rural residential subdivision. As part of the subdivision requirements, each allotment was to be fenced along the side and rear boundaries with standard rural type wire and net fencing.

Five (5) of the allotments have been sold, with dwellings constructed upon three (3) allotments.

A development application (DA 2017/069) was submitted on 4 November 2016 for construction of a 5 bedroom, single storey, brick dwelling with colorbond roof upon the subject land. A variation to council’s minimum setback provisions was sought to reduce the front building setback from 20m to 10m. As required by council’s policy, and following neighbourhood consultation regarding the setback variation, development consent was issued under council’s delegated authority on 20 January 2017. A Construction Certificate was also issued, with the Final Occupation Certificate issued on 31 August 2017.

At the time of subdivision of the land a developers covenant was registered upon the title of each of the subdivided allotments. The covenant formed a legally binding agreement between the developer and all purchasers of that land. The s88B restriction as to user agreement applies to allotments 1-10 within the development and requires in part that:

· No zincalume tanks or sheds are to be built upon the allotments

· No colorbond fences are to erected on the allotments, and

· Any shed to be erected on the allotments is be no more than 5m high at its apex.

The PROPOSAL

The current development application was initially submitted seeking approval for construction of a 1.8m high brick pillar and metal insert, palisade style (spear top) metal front fence. A site inspection indicated that the western and northern boundary fencing had been constructed using the council approved rural style fence, however that a secondary fence – being a dark green colorbond panel fence had been installed immediately inside the alignment of the side and rear fences, providing a dual fenceline. The colorbond fence extends along the eastern boundary, mainlining full height panels to the street frontage.

The 1.8m high, colourbond sheet fence extends around the perimeter of the allotment, covering a distance of some 80m along the western boundary, 44m along the northern boundary and 90m along the eastern boundary. The fence is visually prominent when viewed from Foys Drive and from the surrounding roads to the north and east. The Development Application was amended by the proponent to incorporate the retrospective planning approval for the internal boundary fences.

The SITE

5402268 Location plan

Subject land viewed from the western approach of Foys Drive

Subject land viewed from the north east.