cabonne Council colour 200 wide

 

 

 

 

 

 

 

 

 

22 November 2017

 

NOTICE OF Ordinary Council Meeting

 

Your attendance is respectfully requested at the Ordinary Meeting of Cabonne Council convened for Tuesday 28 November, 2017 commencing at 2.00pm, at the Cabonne Council Chambers, Bank Street, Molong to consider the undermentioned business.

 

 

 

Yours faithfully

SJ Harding

GENERAL MANAGER

 

 

ORDER OF BUSINESS

 

1)       Open Ordinary Meeting

2)       Consideration of Mayoral Minute

3)       Consideration of General Manager’s Report

4)       Resolve into Committee of the Whole

a)    Consideration of Called Items

b)    Consideration of Closed Items

5)      Adoption of Committee of the Whole Report

 

 

 

 

 

 

 

 

 

 


 

ATTENDEES – NOVEMBER COUNCIL MEETING

 

 

2.00pm

Youth of the Month October – Amelia Holmes

 

Youth of the Month November – Blake Cameron

 

Office of Auditor General presentation - Chris Clayton & John O’Malley

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

 

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

 

 

 

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

 

 


         

 

 

 

 

 

 

 

 

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 


GENERAL MANAGER’S REPORT ON MATTERS FOR DETERMINATION SUBMITTED TO THE Ordinary Council Meeting TO BE HELD ON Tuesday 28 November, 2017

Page 1

TABLE OF CONTENTS

 

 

 

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

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

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

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

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

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

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

ITEM 8      ESTABLISHMENT OF TRUCK WASH AT MOLONG - LAND ACQUISITION     1

ITEM 9      CABONNE COUNTRY TOURISM ADVISORY COMMITTEE
(CCTAC)..................................................................................................
1

ITEM 10    OFFER OF LICENCE FOR USE OR OCCUPATION OF CROWN LAND FOR THE CUMNOCK TO YEOVAL PIPELINE.................................................. 1

ITEM 11    VOLUNTARY PURCHASE OF 5 BETTS STREET MOLONG...... 1

ITEM 12    2016 NATIONAL LOCAL ROADS AND TRANSPORT CONGRESS 1

ITEM 13    QUARTERLY BUDGET REVIEW ...................................................... 1

ITEM 14    ORANGE REGION TOURISM............................................................. 1

ITEM 15    SOUTH CANOWINDRA CROWN RESERVE 65464 & 78103...... 1

ITEM 16    SCHOOL PRESENTATION DAYS..................................................... 1

ITEM 17    REQUESTS FOR DONATIONS.......................................................... 1

ITEM 18    REQUEST FOR DONATION OF RATES FOR AGE OF FISHES MUSEUM, CANOWINDRA....................................................................................... 1

ITEM 19    ANIMALS ON BIKES FUNDING REQUEST.................................... 1

ITEM 20    EVENTS ASSISTANCE PROGRAM 2017/18.................................. 1

ITEM 21    PLANT REPLACEMENT - TRIMBLE BASE STATION.................. 1

ITEM 22    MITCHELL ROOM, BANK STREET, MOLONG.............................. 1

ITEM 23    REQUEST TO WAIVE FEES FOR USE OF MOLONG HALL ..... 1

ITEM 24    DEVELOPMENT APPLICATION 2018/005 - SPRING HILL QUARRY        1

ITEM 25    DEVELOPMENT APPLICATION 2018/028 - CONSTRUCTION OF BOUNDARY FENCES - LOT 7 DP 1193183, 15 FOYS DRIVE, MOLONG........ 1

ITEM 26    REVIEW OF DETERMINATION - DEVELOPMENT APPLICATION 2017/129 - 19 HAIG STREET, CUMNOCK................................................................. 1

ITEM 27    DEVELOPMENT APPLICATION 2018/6 FOR FIVE (5) LOT SUBDIVISION OF LAND AT 2522 CARGO ROAD, CARGO ........................................ 1

ITEM 28    QUESTIONS FOR NEXT MEETING................................................... 1

ITEM 29    BUSINESS PAPER ITEMS FOR NOTING........................................ 1

ITEM 30    MATTERS OF URGENCY.................................................................... 1

ITEM 31    COMMITTEE OF THE WHOLE SECTION OF THE MEETING..... 1

Confidential Items

 

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

 

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

Procedural

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

Procedural

ITEM 3      DEBT RECOVERY REPORT OF OUTSTANDING DEBTS

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

ITEM 4      CORRECTION OF ACCOUNT NUMBER - REQUEST FOR CONSIDERATION OF WATER/SEWER CHARGES 771000007

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

ITEM 5      REQUEST FOR CONSIDERATION OF WATER/SEWER CHARGES 1006000002

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

ITEM 6      CENTROC - SUPPLY AND DELIVERY OF ROAD SIGNS

(d) (iii) commercial information of a confidential nature that would, if disclosed, reveal a trade secret

ITEM 7      AUTOMATED ROAD MAINTENANCE TRUCK

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

 

ANNEXURE ITEMS

 

ANNEXURE 7.1    October 24 2017 Ordinary Council Minutes.... 1

ANNEXURE 10.1  Letter - Offer of Licence........................................... 1

ANNEXURE 10.2  Licence Offer - RI585541................................................ 1

ANNEXURE 13.1  September QBR.................................................................. 1

ANNEXURE 14.1  ORT Draft Company Constitution......................... 1

ANNEXURE 15.1  South Canowindra Reserve Plan of Management 2013     1

ANNEXURE 18.1  Request to waive rates for Age of Fishes Museum Sept 2017                                                                                                      1

ANNEXURE 19.1  Animals on Bikes Maintenance (3) year plan. 1

ANNEXURE 20.1  Brand Orange - Event Assistance Program 2017         1

ANNEXURE 24.1  Draft Conditions of Consent.................................. 1

ANNEXURE 24.2  Statement of Commitments...................................... 1

ANNEXURE 25.1  Draft Conditions of Consent - Foys Drive...... 1

ANNEXURE 27.1  2018/6 Draft Conditions of Consent.................... 1 

 


 

 

ITEM 1 - APPLICATIONS FOR LEAVE OF ABSENCE

REPORT IN BRIEF

 

Reason For Report

To allow tendering of apologies for councillors not present.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

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

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - COUNCILLORS LEAVE OF ABSENCE - 874307

 

 

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 - 874308

 

 

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 - 874309

 

 

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 - 874310

 

 

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 - 878029

 

 

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 - 874311

 

 

Recommendation

 

THAT:

1.    Councillors call any items they wish to further consider

2.    Items 7 to 12 be moved and seconded.

 

 

General Manager's REPORT

 

Items 7 to 12 are considered to be of a procedural nature and it is proposed that they be moved and seconded as a group.  Should any Councillor wish to amend or debate any of these items they should do so at this stage with the remainder of the items being moved and seconded.

 

 

 

ITEM 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.  October 24 2017 Ordinary Council Minutes    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - MINUTES - 2017 - 874312

 

 

Recommendation

 

THAT the minutes of the Ordinary meeting held 24 October 2017 be adopted.

 

General Manager's REPORT

 

The following minutes are attached for endorsement:

 

1.   Minutes of the Ordinary Council meeting held on 24 October 2017.

 

ITEM 8 - ESTABLISHMENT OF TRUCK WASH AT MOLONG - LAND ACQUISITION

REPORT IN BRIEF

 

Reason For Report

To apply a budget for the initial purchase of the land and to determine the funding source

Policy Implications

Nil

Budget Implications

Yes

IPR Linkage

1.4.1.b Construction of Regional Roads

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\ROADS and BRIDGES\PROGRAMS\FIXING COUNTRY TRUCK WASHES 2017-2018 - 876417

 

 

Recommendation

 

THAT Council: -

 

1.  Apply a budget of $100,000 for the acquisition of the land;

2.  Approve funding from the Capital Works Reserve; and

3.  Authorise the affixing of the Common Seal on the Restart NSW Funding Deed for the Molong Truck Wash Facility.

 

Senior Accounting Officer's REPORT

 

Council at its July meeting resolved to accept funding of $505,060 from Transport for NSW for the construction of a Truck Wash Facility at Molong.

 

The Restart NSW Funding Deed has been received and requires execution by Common Seal.

 

Further to a report from the General Manager presented to the 24 October 2017 Council meeting, the budget for the purchase of the land is to be $100,000 and funding is to be taken from the Capital Works Reserve.

 

 

ITEM 9 - CABONNE COUNTRY TOURISM ADVISORY COMMITTEE
(CCTAC)

REPORT IN BRIEF

 

Reason For Report

CCTAC recommends that the committee meet monthly and vary the meeting location.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

2.2.1.a Promote strategies listed in the Tourism Plan

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\ECONOMIC DEVELOPMENT\MEETINGS\CABONNE COUNTRY TOURISM ADVISORY COMMITTEE - CCTAC - 878738

 

 

Recommendation

 

THAT Council approves CCTAC meetings to be held monthly, commencing 2018 and to vary the meeting location among Cabonne villages.

 

Community Engagement and Development Manager's REPORT

 

Cabonne Country Tourism Advisory Committee (CCTAC) was established in August 2010 to advise Council and facilitate the development of tourism to and within Cabonne Country.

 

The Committee has the responsibility through the General Manager to bring Council’s attention by way of recommendation any tourism related issues requiring a policy decision.

 

CCTAC met on Wednesday 10 October 2017 with seven members in attendance.

 

The committee requested that a recommendation to be tabled for Council consideration at the next meeting, for future CCTAC meetings to revert to a monthly basis rather than every two months. The aim of this change is to increase meeting continuity and to progress the actions and outcomes.

 

The committee also discussed the need to vary the location of meetings to conduct potential site visits for Committee members to explore various village tourist attractions and assets. This would be organised on a rotation and Committee agreed basis.

 

 

ITEM 10 - OFFER OF LICENCE FOR USE OR OCCUPATION OF CROWN LAND FOR THE CUMNOCK TO YEOVAL PIPELINE

REPORT IN BRIEF

 

Reason For Report

Authorisation and Common Seal of the Council required for the offer of licence for use or occupation of the Crown land.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

5.1.2.a Construct new Cabonne Water projects

Annexures

1.  Letter - Offer of Licence

2.  Licence Offer - RI585541    

File Number

\OFFICIAL RECORDS LIBRARY\WATER SUPPLY\DESIGN AND CONSTRUCTION\CUMNOCK TO YEOVAL PIPELINE PROJECT - 875139

 

 

Recommendation

THAT Council:

1.  Authorise the signing and affixing of the Common Seal of Council to the licence offer document issued under the Crown Lands Act 1989 – Section 34A by Department of Industry – Lands and Forestry for the use or occupation of Crown Lands as required for the construction of part of the Cumnock to Yeoval water pipeline under Central Tablelands Regional Water Security Pipeline Project.

2.  Authorise the payment of initial rent of $483 (GST exclusive) to Department of Industry – Lands and Forestry as per the licence offer document.

 

Director of Engineering & Technical Services' REPORT

 

Council is in the process of implementing the Molong to Cumnock and Yeoval water pipeline project. In this regard, Council had submitted an application to Department of Industry – Lands and Forestry for the licence to use or occupy the Crown Lands for the pipeline construction.

 

In response to the Council’s application, the Department of Industry – Lands and Forestry has offered a licence to authorise the use or occupation of Crown Lands being part of north eastern section of Lot 7300 DP1144896 (Reserve 753223 future public requirements, notified 29 June 2007) and part of bed and bank of Hanover Creek (Reserve 56146 from sale or lease generally, notified 11 May 1923 and Reserve 1011268 future public requirements, notified 03 February 2006) adjacent to Lot 12 DP1211127.

 

In accordance with the attached offer of licence issued by Department of Industry – Lands and Forestry, Council is required to sign and affix the Common Seal of Council on the licence offer document for the creation of a licence to use or occupy the said Crown Lands for the pipeline construction.

 

 

ITEM 11 - VOLUNTARY PURCHASE OF 5 BETTS STREET MOLONG

REPORT IN BRIEF

 

Reason For Report

Seeking Council approval to proceed with the Voluntary Purchase

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

5.2.2.c Action voluntary purchase applications

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\COUNCIL PROPERTIES\ACQUISITION AND DISPOSAL\MOLONG - LOT 14 DP 80366 - NO 5 BETTS STREET MOLONG - VPS FLOOD PRONE LAND - BLAIR - 873988

 

 

Recommendation

 

THAT:

 

1.  Council authorise the General Manager to sign the funding agreement;

2.  Council authorise the affixing of Council’s Seal to the contract of sale for 5 Betts Street, Molong; and

3.  The land be classified as Operational land.

 

Urban Assets Coordinator's REPORT

 

Council as part of its flood management program purchases one flood affected property per year alternating between Molong and Eugowra. The Molong property of 5 Betts Street was nominated for purchase in the 2017/18 year by Council at its ordinary meeting of 25 May 2016.

 

The property has been independently valued and the vendor has agreed to the valuation. After purchase, the house will be demolished and the property cleared to allow for the conveyance of floodwater.

 

Council covers all costs associated with the voluntary purchase including purchase, demolition and the vendor’s legal costs. Council then claims 2/3 reimbursement from the NSW State Government Office of Environment and Heritage (OEH).

 

Council has now received a funding agreement from OEH to a maximum amount of $136,666.67. The funding agreement must be signed by the General Manager and returned to OEH.

 

Authorisation from Council is now sought to sign the funding agreement and affix Council’s Seal to the contract of sale for 5 Betts Street Molong.

 

 

ITEM 12 - 2016 NATIONAL LOCAL ROADS AND TRANSPORT CONGRESS

REPORT IN BRIEF

 

Reason For Report

To inform Council of the congress.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

1.4.1.e. Roads to Recovery federal local roads program undertaken

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNMENT RELATIONS\LOCAL AND REGIONAL LIAISON\AUSTRALIAN LOCAL GOVERNMENT ASSOCIATION - 876856

 

 

Recommendation

 

THAT Council continue to support the National Local Roads and Transport Congress.

 

Director of Engineering & Technical Services' REPORT

Council sent two delegates to the eighteenth National Local Roads and Transport Congress at Albany, Western Australia on 7-8 November 2017. Over 200 delegates from councils across Australia attended the congress.

The congress focused on transport challenges and opportunities of today and tomorrow including the expected growth in freight transport, urban congestion, the adoption of new technologies, further efforts in road safety and the need for significant transport funding reform.

Delegates called on states, territories and the Commonwealth to recognise that local government is responsible for more than $180 billion of road assets and that local roads and bridges are critical to the mobility of all Australian communities.  These roads provide access to property, homes, local business, schools, hospitals, provide essential links between local communities, regional and state roads and major national freight routes, and must be fit for purpose if they are to adequately support the social, economic and environmental outcomes of every community across Australia.

The Congress noted however, that local government collects just over 3 percent of national taxation and spends more than $7 billion annually, or more than 20 percent in every dollar of local government revenue raised on maintaining and renewing local roads and transport.  Research shows that around 60 percent of local government’s roads and transport assets are generally in good condition.  Without additional funding this situation will continue to decorate.

Delegates welcomed the Commonwealth Minister for Transport the Hon Darren Chester who acknowledged the important role that local government plays in managing local roads across the country.  Minister Chester also stressed the importance of working together on improving the productive capacity of our nations freight transport, the importance of addressing urban transport challenges and improving safety on our roads.  He also announced the opening of Round 2 of the Building Better Regions Funding

The congress noted Minister Chester’s desire to redouble efforts to improve road safety outcomes, particularly on regional, rural and remote roads and his request that safety be given greater priority in road projects.  The Congress shares the Minister’s concerns about reducing the trauma of road crashes, which have such a significant impact on local communities.

The Congress welcomed the Government’s continued commitment to the Roads to Recovery Program, which is set at around $350 million per annum and is expected to increase to $400m in 2019-20.  The Congress also applauded the Government’s commitment to the Bridges Renewal Program and Black Spots funding to be doubled, however, recognising the extent of the backlog in infrastructure spending, delegates urged the Australian Local Government Association (ALGA) to advocate for an increase in R2R program funding to $800 million per annum and indexed to maintain its real value.

The Congress welcomed a presentation on the Government’s inquiry to develop a National Freight and Supply Chain Strategy noting that the national freight task is expected to grow by 50 percent over the next two decades as our nation’s population increases.

The Congress noted the critical importance of improving the nation’s road freight routes and the excellent work done by CSIRO and many regional groups of councils in the development of detailed Regional Transport Plans.  The Congress urged the ALGA to continue to advocate for a Local Government Freight Strategy starting at $200 million per annum over 5 years to invest in reducing bottlenecks and capacity constraints and other first and last-mile solutions that will improve heavy vehicle access on local roads.

Delegates welcomed a presentation on intelligent transport infrastructure and its role in transforming mobility in the future.  Delegates asked ALGA to more fully explore the implications of technology and supporting their participation in trials with intelligent transport on local governments and their communities.

Delegates discussed the challenges facing regional airports and airstrips, many of which are owned by councils.  The Congress acknowledges the importance of regional airports as essential infrastructure assets that help keep communities connected, facilitate the delivery of essential services, and drive economic growth.  The Congress supported continued work by ALGA with the Australian Airports Association on strategies to secure the future of important regional airports.

The Congress noted that the 2018-19 Federal Budget was an opportunity for the Government to focus on addressing some of the long-term structure challenges facing local communities, particularly in managing community assets such as buildings, sport and recreation facilities, storm water and wastewater assets.  Delegates expressed their support for continued ALGA advocacy.  Community Infrastructure funding program of $300 million.

Delegates expressed support for ALGA in its ongoing advocacy on behalf of the sector and welcomed the ALGA president’s outline if the Association’s Federal Budget Submission and priorities in the lead-up to the next Federal election.

 

ITEM 13 - QUARTERLY BUDGET REVIEW

REPORT IN BRIEF

 

Reason For Report

To advise Council of the present position of the current budget

Policy Implications

No

Budget Implications

Yes

IPR Linkage

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

Annexures

1.  September QBR    

File Number

\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\FINANCIAL REPORTING\QUARTERLY FINANCIAL STATEMENTS - QBR - 872938

 

 

Recommendation

 

THAT Council note the variances in the report and authorise the changes to be updated to Council’s 2017/2018 Budget.

 

Senior Accounting Officer's REPORT

 

The Quarterly Budget Review (QBR) is presented to Council for consideration. This review includes the period from the 1 July 2017 to 30 September 2017.

 

The overall effect of the changes for the September QBR adjustments is a unfavourable amount of $111,065 on the budget. Major variances are shown on pages 5, 6 and 7 of the attachment, and further details are provided below on some of those items:-

 

·    An additional contribution from the Rural Fire Service of $660,000 will be received for the construction Fire Sheds at Cumnock, Yeoval and North Bangaroo. 

·    The total expenditure item in Administration of $120,761 includes the following:

o An increase in expenses of $23,000 for Code of Conduct expenses plus other small increases totalling $3,050.

o Adjustments between administration overheads and wages on costs, amounting to an overall change of $97,761. 

·    Wages on cost reduced by $66,599 due to change in budget from salaries to contracts, for the Senior Health Surveyor.

·    An error was found where wages on cost of $82,321 was applied to a pipeline project number that should have been applied to administration overheads.

·    The removal of administration overheads on a voluntary purchase of flood prone land for $300,000 of $45,000.

·    Other minor adjustments amounting to -$6,159.

·    An additional $490,960 from the previous year’s budget has been allocated to the 2017/18 year for additional roads maintenance.  A transfer from the Revoted Expenditure Reserve covers this amount.

 

The final major variance is in relation to the Financial Assistance Grant (FAG). As council received part of the FAG grant in the previous year, the current budget must be altered to reduce the income in the current year’s budget, to be covered by a transfer from reserve. Overall, this action has no effect on the budget. This variance also includes an increase in the FAG payment for the 17/18 year of $122,496 - $84,738 for General Purpose and $37,758 for Roads.

 

 

ITEM 14 - ORANGE REGION TOURISM

REPORT IN BRIEF

 

Reason For Report

Resolution required for Ministerial Approval.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

2.2.1.a Promote strategies listed in the Tourism Plan

Annexures

1.  ORT Draft Company Constitution    

File Number

\OFFICIAL RECORDS LIBRARY\COMMUNITY RELATIONS\MARKETING\ORANGE REGION TOURISM - 875738

 

 

Recommendation

 

THAT Council:

 

1.   Make an application to the Minister for Local Government under s358 of the Local Government Act 1993 seeking approval to participate in the formation of a corporation to be set up to deliver industry led regional tourism services for the Blayney, Cabonne and Orange councils areas that would be administered as reflected in the draft constitution attached to the report.

 

2.   Note the contents of the report that addresses the criteria the Minister may consider to be used as the basis for the submission to accompany the request for the approval to participate in the formation of the new entity.

 

General Manager's REPORT

 

Council has previously resolved

 

“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.”

 

Orange City Council has been making application to the Minister on behalf of the three councils.  The OLG requested certain changes be made to the draft constitution prior to giving further consideration to the application.  The Board of TDO Limited have met and amended the constitution to comply with the OLG’s request and attached for the information of councillors are the relevant amended sections.

 

In order for the application to further proceed, council must resolve that the changes are acceptable to it and then advise Orange City Council of its resolution.

 

 

 

ITEM 15 - SOUTH CANOWINDRA CROWN RESERVE 65464 & 78103

REPORT IN BRIEF

 

Reason For Report

Request for licence to utilise the South Canowindra Reserve.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

3.3.3.e Maintain the council's properties to safe operational standards

Annexures

1.  South Canowindra Reserve Plan of Management 2013    

File Number

\OFFICIAL RECORDS LIBRARY\PARKS AND RESERVES\MAINTENANCE\CANOWINDRA SOUTH RESERVES 78103 and 65464 - OLD RODEO GROUND - 875960

 

 

Recommendation

 

THAT Council enter into negotiations between the volunteer group and the Canowindra Pony Club and, if successful, advertise the proposal to remove clause 11.1 from the Plan of Management.

 

General Manager's REPORT

 

In 2010 concern was raised by members of the Canowindra community regarding the neglected condition of the South Canowindra Reserve.  The reserve is Crown Land with council as Trustee.  It is mostly open grassland with a small playground and some old remnant trees. The community expressed an interest to be more involved in its development and maintenance and council, in consultation with the community, developed a Plan of Management which was approved by Crown Lands and adopted in 2013 (attached).

 

Since then, a volunteer group has been maintaining the land, connected a water supply and have commenced tree planting.

 

The Canowindra Pony Club has expressed interest in utilising the South Canowindra Reserve for their horse activities.  Should council agree to this request it would require a change to the Plan of Management as clause 11.1 states “training of horses and grazing of livestock no longer occurs and is not authorised”.

 

 

ITEM 16 - SCHOOL PRESENTATION DAYS

REPORT IN BRIEF

 

Reason For Report

Council has been invited to donate a prize to each school presentation day in Cabonne.

Policy Implications

Nil

Budget Implications

To be funded from Council's s.356 budget allocation.

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 - 874586

 

 

Recommendation

 

THAT Council:

 

1.   Sponsor a $50 prize for each primary and secondary school in Cabonne; and

 

2.   Authorise councillors to attend school presentations if invited.

 

General Manager's REPORT

 

Council traditionally makes a donation to each school in Cabonne to sponsor a prize for their annual presentation night.  This has been very well received by each school and is a good way of recognising students that have made outstanding achievements in the area of citizenship.

 

There are 19 schools within Cabonne with two of these, Yeoval and Molong, having students in both primary school and high school. If prizes were to be awarded to both the high schools and primary schools on these sites there would be a total of 21 prizes to be awarded at $50 each, this being a total of $1,050.

 

Council usually provides a certificate for presentation with the prizes and the schools will often invite their local councillor to make the presentation. Each school will be asked to purchase their prizes from local businesses where possible.

 

Should Council wish to make a donation there remains $6,716 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

$484          Molong Golf Club

 

ITEM 17 - 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

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\COMMUNITY RELATIONS\SPONSORSHIP - DONATIONS\SPONSORSHIP - DONATIONS - 2017 - 874610

 

 

Recommendation

 

THAT Council donate $500 to the Orange Lions Club for their Easter Camel Races event.

 

 

Community Services Manager's REPORT

 

Orange Lions Club are holding their annual Easter Camel Races on Easter Sunday 2018 to raise money for Give Me 5 For Kids which is the charity that provides assistance to the Children's Ward at the Orange Local Area Health Service.

 

Funds raised towards the purchase of specialised equipment which means less children having to go to Sydney for treatment and, as a result, less stress on the family.

 

The children’s ward at the Orange Local Area Health Services obviously provide specialist treatment for the children within the wider region and Council has been approached to sponsor this event to the value of $500 which will provide the following media opportunities:

 

·    Acknowledgement in race program including logo

·    Acknowledgement on sponsors board at the race

·    Acknowledgement on event website and social media

·    Noted as a sponsor of one of the 8 camel races

 

Should Council wish to make a donation there remains $6,716 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

$484          Molong Golf Club

 

ITEM 18 - REQUEST FOR DONATION OF RATES FOR AGE OF FISHES MUSEUM, CANOWINDRA

REPORT IN BRIEF

 

Reason For Report

Request for Council to pay outstanding rates and arrears for the Age of Fishes Museum at Canowindra, as well as ongoing rates and sewer levies

Policy Implications

Nil

Budget Implications

$3,091.05 in outstanding rates and arrears, as well as ongoing rates and sewer levies

IPR Linkage

4.5.4.a Maintain a high level of rate collection

Annexures

1.  Request to waive rates for Age of Fishes Museum Sept 2017    

File Number

\OFFICIAL RECORDS LIBRARY\ECONOMIC DEVELOPMENT\REPORTING\COUNCIL REPORTS - 876101

 

 

Recommendation

 

THAT Council decline the request to provide further assistance to the Age of Fishes Museum at Canowindra.

 

Community Engagement and Development Manager's REPORT

 

Council has received a request from the Chairperson of the Age of Fishes Museum Board to waive outstanding rates and sewer rates, plus arrears, owed by the Museum.

 

The Chairperson Sharon D’Elboux has further asked that the request to waive rates be considered on an annual basis for the museum, which is a Council-owned facility.

 

At the time of writing, the Museum owed a total of $3,091.05 in unpaid rates, consisting of $1,560.90 in outstanding rates, $771.90 in rates arrears and $802.25 in sewer charges arrears. With interest accruing on the arrears, these amounts will increase while the rates remain unpaid. At present, the outstanding amounts include $24.96 in interest charges on the rates arrears and $17.38 on the sewer charges arrears.

 

A further sewer charge of $210.28 is about to be levied.

 

In her letter, Ms D’Elboux said that apart from the manager, part-time book keeper and cleaner, the museum was staffed by volunteers. All income from admission charges goes towards paying running costs, such as electricity, office supplies, telephones and garden maintenance. With costs increasing, this is becoming more difficult for the museum.

 

The Age of Fishes Board previously lodged a request to waive its rates in 2015 and at its Ordinary Meeting in August of that year, Council agreed to donate an amount equal to 50% of the 2014/15 rates.

 

At that time, Council’s Senior Rates Clerk reported:

 

The donation of rates under Section 356 could set a precedent for further ongoing requests from the many organisations within the Council area.

 

Council employs the museum’s manager, meeting the ongoing cost of that position’s salary and on-costs, as well as paying the annual Visitor Information Centre network accreditation fees, on the basis that the board meet all other costs.

 

In its 2016/17 Budget, Council also provided one-off allocations of $60,000 for additional maintenance works at the museum and $50,000 to fund a marketing campaign.

 

 

ITEM 19 - ANIMALS ON BIKES FUNDING REQUEST

REPORT IN BRIEF

 

Reason For Report

For Council to consider level of funding assistance to the Animals on Bikes community initative.

Policy Implications

Nil

Budget Implications

Yes - Request for $5,000 per year for the next 3 years.

IPR Linkage

2.2.1.a. Promote strategies listed in the Tourism Plan

Annexures

1.  Animals on Bikes Maintenance (3) year plan    

File Number

\OFFICIAL RECORDS LIBRARY\RECREATION AND CULTURAL SERVICES\EVENTS MANAGEMENT\ANIMALS ON BIKES - 878672

 

 

Recommendation

 

THAT Council:

 

1.   Provide funding of $6,373.30 for the first year of the Animals on Bikes project from the Community Facilitation Fund; and

 

2.   Investigate the feasibility of the projects outlines for years two and three.

 

 

Community Engagement and Development Manager's REPORT

 

ANIMALS ON BIKES

 

The Animals on Bikes trail located between Molong and Dubbo on the Banjo Paterson Way commences in Molong and travels through the villages of Cumnock and Yeoval.  This popular community driven initiative aimed to address community spirit, health, unity and to attract tourists to the area who travel to spot the paddock sculptures on the alternate route to Dubbo.

 

This grass roots community project is successful in attracting numerous tourists. It helps raise the profile of Cabonne, build community capacity in the villages and provides a great marketing opportunity for many promotional products. The community benefits both socially and economically and these benefits have been difficult to accurately measure.

 

Animals on Bikes spans over 120km of paddock art created by local famers and community members.  Since the initiatives inception in 2009 the 110 Animals on Bikes sculptures have attracted strong tourist attention and media interest.

 

Cumnock Progress Association representatives have discussed the Animals on Bikes future direction with Cabonne Council staff and representatives have presented their case to the Cabonne Country Tourism Advisory Committee for consideration.

 

Cumnock Community members, Rhonda Watt and Don Bruce have identified the need to provide ongoing maintenance and promotion support to the paddock sculptures and the need to increase promotion for this successful community initiative to expand and reach its potential.

 

Cabonne Council has received a maintenance and promotion plan from a Cumnock Progress Association representative to support these works, Animals on Bikes Maintenance Plan is attached.

 

Project Costs

 

Year 1

Paint materials                                                                                                 $400.00

Painting & Maintenance Repairs                                                               $1,500.00

1 X Sculpture between Orange & Molong                                               $1,543.30

Painting Sculptures                                                                                      $  600.00

 

Total Costs                                                                                                  $6,373.30

 

Year 2

Road sign Wellington side of Molong promoting Animals on Bikes    $1,543.30

Billboard Sign                                                                                              $1,034.00

Paint                                                                                                                 $250.00

Maintenance & Repairs                                                                              $1,500.00

Painting Sculptures                                                                                    $1,300.00

 

Total Costs                                                                                                  $5,627.30

 

Year 3

Banner/Signs Information                                                                         $1,500.00

Maintenance & repairs                                                                              $1,500.00

 

Total Costs                                                                                                 $3,000.00

 

Total Project costs over 3 Years                                                         $15,000.60

 

The suggested source of funding is the Cabonne Community Facilitation Fund (CFF).

 

Future Direction

 

Projects included in year two and three make reference to road signs and billboards that will require further investigation to ensure that they meet RMS and other regulatory requirements.

 

As the community project proves to be a strong tourist attraction this presents an opportunity for Cabonne Council and the community to work closely together to maintain and manage this initiative.

 

Future direction includes a professionally designed booklet to help market the Animals on Bikes trail. This product will outline the history, a description of each Animal on Bike creation, a map with visitor information. Cabonne Council will also investigate funding opportunities that could further enhance the potential of this project.

 

Cabonne staff have investigated a similar project that exists in Kulin, Western Australia titled Tin Horse Highway - much more than metal that possesses strong similarities in presenting opportunities to work together for the enhancement of the Animals on Bikes Trail.

 

ITEM 20 - 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

$1,000 to be funded from 2017/18 Events Assistance Program

IPR Linkage

4.4.1.c Provide assistance to community groups

Annexures

1.  Brand Orange - Event Assistance Program 2017    

File Number

\OFFICIAL RECORDS LIBRARY\GRANTS AND SUBSIDIES\PROGRAMS\EVENTS ASSISTANCE PROGRAM 2017-2018 - 877753

 

 

Recommendation

 

THAT Council approve funding under the 2017/2018 Events Assistance Program (EAP) of $1,000 for the event Taste @Barangaroo Brand Orange.

 

 

Community Engagement and Development Manager's REPORT

 

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

 

Council has received one application 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:                               Brand Orange

Event:                                                      Taste Orange@Barangaropo 

26 November 2018

Requested amount:                    $1,500

Reason for funding:                   A contribution towards the marketing and advertising of the Taste Orange event with Cabonne Council promoted on all products and in the media due to Cabonne previously sponsoring and supporting this event in 2016.

 

Event Description

 

Taste Orange@Barangaroo was held successfully in November 2016 at the Barangaroo reserve in Sydney. The event showcased the district’s wine and food and helped to attract interest and tourists to the area.

 

Other key sponsors of this event include Manildra Group who will also be promoting Cabonne. There will be a strong number of Cabonne wineries and operators participating at this event to promote the area with the aim to attract visitors to the region.

 

Cabonne Country’s logo will be displayed on all printed promotional material, television advertising, and included in interviews where appropriate.

 

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 $500 to sponsor this event.          

 

 

Events Assistance Program Expenditure to date:

 

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

24 October  Banjo Paterson Australian Poetry Festival

$2,000

24 October Canowindra domestic Violence White Ribbon March

$500

 

 

 

 

Total Expenditure

$32,100

Remaining Funds

$18,800

 

 

ITEM 21 - PLANT REPLACEMENT - TRIMBLE BASE STATION

REPORT IN BRIEF

 

Reason For Report

Plant replacement "Trimble" Base Station

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

1.1.1.a Complete the annual rural and urban roads maintenance program

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\PLANT EQUIPMENT AND STORES\PLANT - EQUIPMENT\PURCHASE - 878484

 

 

Recommendation

 

THAT Council replace a “Trimble” Base Station as part of the 2017/2018 plant replacement program.

 

Director of Engineering & Technical Services' REPORT

 

In October 2012, Council purchased a “Trimble” Base Station Plant No. P1023. This base station is a GPS survey instrument that enables council’s engineering design section to accurately and instantaneously capture data that is necessary to plan and design road projects. This base station is required, to be used in conjunction with the Grade Control System fitted to council’s M series graders that are used on all road construction projects.

 

This equipment was expected to be replaced in 2018/2019 financial year, in accordance with Plant Replacement Program. However, due to ongoing maintenance and constant upgrade problems, it has become necessary to replace this equipment 12 months earlier than expected. The cost of the replacement of the “Trimble” Base Station is $68,000.

 

 

ITEM 22 - MITCHELL ROOM, BANK STREET, MOLONG

REPORT IN BRIEF

 

Reason For Report

Council to approve that a further structural report be done on the Mitchell Room and carry out the recommendations of the report.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

3.3.3.e Maintain the council's properties to safe operational standards

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\COUNCIL PROPERTIES\MAINTENANCE\COMMUNITY HALLS - 878887

 

 

Recommendation

 

THAT a further structural assessment be commissioned to confirm the findings of earlier reports and to carry out the recommendations of the report.

 

Director of Engineering & Technical Services' REPORT

Background

Since 2014, Council has been investigating several options for the re-location of the Molong Library facility from its current site at the Molong Railway Station. Of these, several had been put forward for consideration, but for various reasons have been proven to be unsuitable due to cost effectiveness or not fit for purpose.

The options included the re-use of other council owned buildings in Bank Street, a new building to the rear of the Connelly’s Store, re-development of land including the Mitchell Room building and the construction of a new facility at a cost in excess of $2,700,000.

The use of Connelly’s Store was shown to be problematic, particularly with disability access to the facility at various levels. Structural assessments of the Mitchell Room had indicated that the building was an aging structure that showed signs of wear and deterioration, and as such was not given any further consideration.

Mitchell Room

A detailed review of those structural assessment reports has recently been undertaken, and it has been identified that with some repairs and restoration, the decaying process of the building will be greatly slowed and with proper care and regular maintenance, the building should last well in to the future.

The detail of the repairs and restoration included the stabilising of the eastern brick wall and the addition of supporting beam ties in the roof structure. An indicative estimate to carry out the work, at that time, was $200,000. A more detailed and current estimate would see a possible increase in this amount.

Presently, a total of $1,293,052 is included in the 2017/18 Budget for the establishment, refurbish or construction of Molong Library.

To advance this project, it is recommended, that a further structural assessment be commissioned to update the findings of the earlier ones, and indicate whether there has been any further deterioration of the building, although several site visits and inspections by council staff have given no indication of any major changes.

The assessment will also include the inspection of the common walls between the Community Hall, supper room and the Mitchell Room and the existing flooring to ascertain their structural integrity and functionality.

The current toilet facilities at their present location have been inspected and have revealed they require a refurbishment with the inclusion of disabled toilets and access.

A further assessment will also give council the opportunity to provide a detailed estimate of the repair and restoration costs, that will give the building, in effect, a new lease of life, and allow it to be refurbished and reconfigured as a library facility for Molong.

 

 

ITEM 23 - REQUEST TO WAIVE FEES FOR USE OF MOLONG HALL

REPORT IN BRIEF

 

Reason For Report

Seeking Council approval to waive fees for use of the Molong Community Hall by the Molong Show Society

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.4.1.c Provide assistance to community groups

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\COUNCIL PROPERTIES\USAGE\COMMUNITY HALLS - 876861

 

 

Recommendation

 

THAT Council waive the fees for use of the Molong Community Hall by the Molong Show Society for the 2017 Molong Show.

 

Urban Assets Coordinator's REPORT

 

The Molong Show Society customarily uses the Molong Community Hall for a number of days leading up to the Molong Show and on the day as a show office. Council has previously waived the fees for the use of the hall upon the request of the Show Society.

 

The Society has requested Council to consider waiving the fees for the hall for this year’s show. The fees total $270.

 

 

ITEM 24 - DEVELOPMENT APPLICATION 2018/005 - SPRING HILL QUARRY

REPORT IN BRIEF

 

Reason For Report

For council to determine DA2018/005

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

2.  Statement of Commitments    

File Number

\Development Applications\DEVELOPMENT APPLICATION\2018\03-2018-0005 - 874056

 

 

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. 

 

 

The council at its meeting of 24 October 2017 resolved to defer consideration of Development Application 2018/005 pending review of additional correspondence documentation received by the council. The councillors also proposed a site familiarisation, prior to considering the development application. A site visit by councillors was undertaken on 14 November 2017.

 

SUMMARY

 

The following revised 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

Quarry activity has historically been carried out within the subject land for approximately 40 years. The quarry has provided a source of material for use on rural accesses and roads.

 

State government legislation introduced in the 1990s required mines and quarries to obtain development consent under the Environmental Planning & Assessment Act. Subsequently a Development Application was approved by Cabonne Council on 15 September 1997 (DA 95/153) for the continued 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 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 immediately surrounding the quarry activity being transferred away from the quarry operation. The boundary adjustment altered the site history and affected the compliance terms of the quarry development consent,  particularly in relation to the management of vegetation buffers.

 

The quarry has operated intermittently during the past 20 years by different lease operators. The quarry however continued to form a small area of a larger rural holding. The operation of the quarry has evolved around the concept proposed by the 1995 development application, and although the site expanded, it remains generally in accordance with the initial proposal for small scale extraction of  material from the resource site.

 

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 current working quarry occupies an area of approximately 1.8ha of the overall 27.7ha rural holding. Adjacent to the working quarry is the former quarry area, which is to be remediated by the proponent as part of environmental protection work.

 

Access to the subject land, being both the farm land and the quarry, is gained from a shared right of way (ROW) over Lot 27 DP 1227863 to Spring Hill Road. The ROW also services several other allotments of land.

 

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 previously approved by council in 1997. The proposal forms an extension to the established quarry operation. The proposal also seeks approval for the expansion of the active working area by 0.31 ha, for the purpose of extracting siltstone/shale. The proposed expansion is proposed to the north of the current quarry pit, and a small area to the south of the pit. It is proposed to extract material from the expansion area to the depth of the existing quarry floor.

 

The quarry activity involves topsoil being stripped and retained on site for rehabilitation purposes. The quarrying of the resource does not require blasting as the rock is fine bedded and fractured, allowing for manual extraction with a bulldozer and excavator. No processing (crushing, grinding or screening) of the extracted material is required. Clay intervals in the overburden are to be separated as a saleable product. The current depth of the quarry pit ranges from 10-15m from natural ground level.The quarry walls are to be scaled for stabilization.

 

Extracted material is loaded onto trucks within the quarry site, with vehicles entering and leaving the site through designated access points onto a private access road adjoining Spring Hill Road. Hours of operation of the quarry are proposed to occur between 7am and 6pm Monday to Friday and 7am to 3pm Saturday, with no work on Sunday or Public Holidays.

 

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.

 

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.

 

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 the proposed annual extraction not exceeding 15,000 tonnes per annum (approx. 8,333m3). The extraction rate proposed is 50% less than 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. Environmental works to rehabilitate the former quarry land is a permissible use.

 

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.

 

LEGISLATIVE REQUIREMENTS

Environmental Planning & Assessment Regulation 2000 - Designated and integrated development

 

Designated development

Development described in Part 1 of Schedule 3 of the Environmental Planning and Assessment Regulation 2000 is declared to be designated development for the purpose of the Environmental Planning and Assessment Act, 1979, unless it is declared not to be designated development by provision of Part 2 or 3 of that schedule.

 

Clause 19 of Schedule 3 designated development defines extractive industries as follows:

 

19 (1) Extractive industries (being industries that obtain extractive materials by methods including excavating, dredging, tunnelling or quarrying or that store, stockpile or process extractive materials by methods including washing, crushing, sawing or separating):

 

(a) that obtain or process for sale, or reuse, more than 30,000 cubic metres of extractive material per year, or

(b) that disturb or will disturb a total surface area of more than 2 hectares of land by:

(i) clearing or excavating, or

(ii) constructing dams, ponds, drains, roads or conveyors, or

(iii) storing or depositing overburden, extractive material or tailings, or

(c) that are located:

(i) in or within 40 metres of a natural waterbody, wetland or an environmentally sensitive area, or

(ii) within 200 metres of a coastline, or

(iii) in an area of contaminated soil or acid sulphate soil, or

(iv) on land that slopes at more than 18 degrees to the horizontal, or

(v) if involving blasting, within 1,000 metres of a residential zone or within 500 metres of a dwelling not associated with the development, or

(vi) within 500 metres of the site of another extractive industry that has operated during the last 5 years.

(2) This clause does not apply to:

(a) extractive industries on land to which the following environmental planning instruments apply:

(i) Sydney Regional Environmental Plan No 11--Penrith Lakes Scheme ,

(ii) Western Division Regional Environmental Plan No 1--Extractive Industries , or

(b) maintenance dredging involving the removal of less than 1,000 cubic metres of alluvial material from oyster leases, sediment ponds or dams, artificial wetland or deltas formed at stormwater outlets, drains or the junction of creeks with rivers, provided that:

(i) the extracted material does not include contaminated soil or acid sulphate soil, and

(ii) any dredging operations do not remove any seagrass or native vegetation, and

(iii) there has been no other dredging within 500 metres during the past 5 years, or

(c) extractive industries undertaken in accordance with a plan of management (such as river, estuary, land or water management plans), provided that:

(i) the plan is prepared in accordance with guidelines approved by the Secretary and includes consideration of cumulative impacts, bank and channel stability, flooding, ecology and hydrology of the area to which the plan applies, approved by a public authority and adopted by the consent authority and reviewed every 5 years, and

(ii) less than 1,000 cubic metres of extractive material is removed from any potential extraction site that is specifically described in the plan, or

(d) the excavation of contaminated soil for treatment at another site, or

(e) artificial waterbodies, contaminated soil treatment works, turf farms, or waste management facilities or works, specifically referred to elsewhere in this Schedule, or

(f) development for which State Environmental Planning Policy No 52--Farm Dams and Other Works in Land and Water Management Plan Areas requires consent, or

(g) maintenance dredging of alluvial material from oyster leases and adjacent areas in Wallis Lake, but only if the dredging is undertaken in accordance with the document entitled Protocol for Wallis Lake Oyster Lease Maintenance Dredging approved by the Secretary and published in the Gazette, as amended by the Secretary from time to time by publication of an amended Protocol in the Gazette.

 

The development is defined as an extractive industry. The operational quarry has an area of 1.8ha, and adjoins a rehabilitation area relating to former quarry activity. The combined area of the existing and former quarry activity disturbs an area of greater than 2ha, however the remediation area is considered as environmental protection works not requiring development consent.

 

Part 2 of the schedule addresses alterations and addition and whether such are designated development.

 

Clauses 35 and 36 of the schedule apply to this development.

 

Clause 35  - Is there a significant increase in the environmental impacts of the total development?

Development involving alterations or additions to development (whether existing or approved) is not designated development if, in the opinion of the consent authority, 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.

Note : Development referred to in this clause is not designated development for the purposes of section 77A of the Act. This means that section 98 of the Act (Appeal by an objector) will not extend to any such development even if it is State significant development.

 

36 Factors to be taken into consideration

In forming its opinion as to whether or not development is designated development, a consent authority is to consider:

(a) the impact of the existing development having regard to factors including:

(i) previous environmental management performance, including compliance with the conditions of any consents, licences, leases or authorisations by a public authority and compliance with any relevant codes of practice, and

(ii) rehabilitation or restoration of any disturbed land, and

(iii) the number and nature of all past changes and their cumulative effects, and

(b) the likely impact of the proposed alterations or additions having regard to factors including:

(i) the scale, character or nature of the proposal in relation to the development, and

(ii) the existing vegetation, air, noise and water quality, scenic character and special features of the land on which the development is or is to be carried out and the surrounding locality, and

(iii) the degree to which the potential environmental impacts can be predicted with adequate certainty, and

(iv) the capacity of the receiving environment to accommodate changes in environmental impacts, and

(c) any proposals:

(i) to mitigate the environmental impacts and manage any residual risk, and

(ii) to facilitate compliance with relevant standards, codes of practice or guidelines published by the Department or other public authorities.

 

The applicant has recently purchased the property and is pursuing necessary steps to ensure the quarry operation is lawful and operating within satisfactory environmental management practices. The site has operated as small scale quarry for over 40 years providing resource material to the local district. While the past management of the site has lacked consistency, the incoming operator has a background in the industry and has already commenced rectifying the site’s management.

 

Rehabilitation of the site, including past quarry activity areas, is to be carried out on an on-going basis to ensure disturbed land is kept to a minimum. The quarry is situated in a visually protected location, and the ongoing and eventual rehabilitation of the site will enable a final landform consistent with the surrounding rural landscape.

 

The current proposal would result in a minor expansion of the quarry by comparison to the current active footprint, however the annual resource extraction rate would be approximately half of that permitted by the previous development consent. The screened location of the site, along with the reduced operating capability would reduce potential for impact upon neighbouring land (noise, dust, traffic).

 

Environmental impacts are to be managed as detailed in the SoEE and in accordance with the Statement of Commitments provided as part of the application. The landowner commits to ongoing compliance with all applicable requirements, and continued liaison with council, EPA, DPI Water and any other relevant statutory agencies.

 

The quarry has been in operation for many years, with little to no community concern raised with council from 1997 to 2012. Council in responding to concerns raised in recent times by a neighbouring landowner regarding the continued operation of the quarry, has sought to work with the quarry land owner/ operator to review the quarry operation and approvals to ensure adequate environmental awareness and management of the site.

 

In assessing the current DA against clauses 35 and 36 of Schedule 3 of the regulations council has taken into consideration the relevant matters, and is satisfied that the proposal can be considered as alterations that 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.

 

Integrated development

The proposed development is not considered to be Integrated Development under section 91 of the Environmental Planning and Assessment Act 1979. The proposed quarry is more than 40m from any watercourse and extraction does not exceed the daily or annual threshold for an Environmental Protection Licence. A license is not required under the Mining Act 1992 as the material to be extracted is not listed minerals as per Schedule 1 of the Mining Regulations 2016. The development does not require a permit under the Fisheries Management Act 1994. The proposed works do not trigger the requirement for approval by Roads and Maritime Services under the Roads Act 1993.

 

 MATTERS FOR CONSIDERATION

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

 

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

 

Clause 1.2  Aims of the Plan

The broad aims of the LEP are as follows:

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

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

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

 

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

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

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

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

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

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

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

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

 

Clause 1.9A Suspension of covenants, agreements and instruments

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

 

·    Covenants imposed or required by council

·    Prescribed instruments under s183A of Crown Lands Act 1989

·    Any conservation agreement under National Parks and Wildlife Act 1974

·    Any trust agreement under the Nature Conservation Trust Act 2003

·    Any property vegetation plan under the Native Vegetation Act 2003

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

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

         

     

      Mapping

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

     

Land zoning map

Land zoned RU1 Primary Production

Lot size map

Minimum lot size 100 HA

Heritage map

Not a heritage item or conservation area

Terrestrial Biodiversity Map

No 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. The rehabilitation of the former quarry area is considered to be environmental protection works and  does not require 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

 

Before determining a development application for development on land to which this clause applies, the consent authority must consider the following:

 

(a)  the likelihood of groundwater contamination from the development (including from any on-site storage or disposal of solid or liquid waste and chemicals),

(b)  any adverse impacts the development may have on groundwater dependent ecosystems,

(c)  the cumulative impact the development may have on groundwater (including impacts on nearby groundwater extraction for a potable water supply or stock water supply),

(d)  any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development

 

The quarry is predominantly outside the mapped groundwater vulnerable area.

 

The SoEE indicates that within a 1km radius of the quarry the water table has a variable upper limit ranging between 10.7m and 46m. Seven bores are located within 1km of the quarry site.

 

Current quarry activity at the subject site does not indicate any current interaction with groundwater resources. Given the geology of the area there is potential for interaction at the locality, and the SoEE provides mitigation measures to minimise any adverse impact to groundwater including parameters for site operations and sediment and erosion control measures. The current and proposed quarry operations would not impose any additional demand on groundwater resources. No contaminants, including fuel, would be stored on site. Major repairs or vehicle servicing would not be undertaken on site. No effluent would be generated or disposed of at the quarry site. Spill kits will be provided at the quarry site. Sediment and erosion controls are to be implemented in accordance with the SoEE to ensure that surface water  does not have a high sediment load when directed to water storage areas.

 

Existing sumps / settlement ponds exhibit no evidence of interaction with the water table.  There are no watercourses near the quarry, with the closest first order stream approximately 340m north west of the quarry. Surface water runoff within the quarry is directed to existing water storages provided in the quarry. Perimeter bunds along the quarry, and proposed quarry expansion, will ensure appropriate separation of quarry water and clean water.

 

The proponent has addressed the hydrology 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 – shown as blue on the map

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

(c)  if that impact cannot be minimised—the development will be managed to mitigate that impact.

 

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.

 

The subject site is located clear of mapped surface waterways and there is minimal likelihood of activities that would cause pollution of the natural water environment.

 

9279761

Drinking Water Catchment

 

Clause 6.8 Essential services

Development consent must not be granted to development unless the consent authority is satisfied that any of the following services that are essential for the development are available or that adequate arrangements have been made to make them available when required:

 

(a)  the supply of water,

(b)  the supply of electricity,

(c)  the disposal and management of sewage,

(d)  stormwater drainage or on-site conservation,

(e)  suitable vehicular access.

 

The quarry does not require connection to electricity supplies, town water or sewage. Stormwater drainage has been addressed in the SoEE. Vehicular access is available to the site via an existing ROW connecting to Spring Hill Road.

 

REGIONAL ENVIRONMENTAL PLANS

 

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

 

STATE ENVIRONMENTAL PLANNING POLICIES

 

State Environmental Planning Policy (Rural Lands) 2008

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

 

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

 

Under the SEPP the proposed development is defined as an extractive industry. The definition of an extractive industry is:

 

‘the winning or removal of extractive materials (otherwise than from a mine) by methods such as excavating, dredging, or quarrying, including the storing, stockpiling or processing of extractive materials by methods such as recycling, washing, crushing, sawing or separating, but does not include:

 

(a) turf farming, or

(b) tunnelling for the purpose of an approved infrastructure development, or

(c) cut and fill operations, or the digging of foundations, ancillary to approved development, or

(d) the creation of a farm dam if the material extracted in the creation of the dam is used on site and not removed from the site.


"extractive material" means sand, gravel, clay, soil, rock, stone or similar substances but does not include turf.

 

In accordance with clause 7 of the SEPP extractive industry development is permissible with consent where agriculture may be carried out.  The subject  land is zoned RU1 Primary Production by the provision of the Cabonne Local Environmental Plan 2012, and agriculture is a permissible use. Accordingly the SEPP enables consent to be granted to the development subject to consideration of the matters contained in the SEPP.

 

Part 3 – Development Applications – matters for consideration

Compatibility of proposed extractive industry with other landuses.

Before determining an application for consent for development for the purposes of mining, petroleum production or extractive industry, the consent authority must:

(a) consider:

(i) the existing uses and approved uses of land in the vicinity of the development, and

(ii) whether or not the development is likely to have a significant impact on the uses that, in the opinion of the consent authority having regard to land use trends, are likely to be the preferred uses of land in the vicinity of the development, and

(iii) any ways in which the development may be incompatible with any of those existing, approved or likely preferred uses, and

(b) evaluate and compare the respective public benefits of the development and the land uses referred to in paragraph (a) (i) and (ii), and

(c) evaluate any measures proposed by the applicant to avoid or minimise any incompatibility, as referred to in paragraph (a) (iii).

 

The adjoining and surrounding land uses are predominantly agriculture (grazing). Several lifestyle allotments hare located within the area and postdate the establishment of the quarry. Located approximately 1,300m southwest of the subject land is the Avondale dairy. Other significant uses in the area include an intensive dairy located south west of the subject land. The village of Spring Hill lies approximately 1.7km to the north of the quarry, while Millthorpe is situated 3.7km to the south east of the subject land.

 

The subject land adjoins farm land on each of its boundaries. The adjoining land is used for agricultural uses. There is unlikely to be any adverse impacts on surrounding land uses.  Given the continuous use of the quarry and the minor extension sought, the impact upon the preferred agricultural land use in the vicinity of the quarry will be minimal.

 

Subject to the inclusion of appropriate management controls the development is not considered incompatible with the existing, approved or likely preferred uses of the area.

 

The materials extracted from the subject land will not require further onsite processing. The quarry has demonstrated over its life that it provides a resource supply of gravel to the local district. It is considered that the proposed continuation and minor expansion of the quarry is capable of operating in a sustainable manner, without adverse impact upon adjoining land uses.

 

13 Compatibility of proposed development with mining, petroleum production or extractive industry

This clause applies to an application for consent for development on land that is, immediately before the application is determined:

 

(a) in the vicinity of an existing mine, petroleum production facility or extractive industry, or

(b) identified on a map (being a map that is approved and signed by the Minister and copies of which are deposited in the head office of the Department and publicly available on the Department's website) as being the location of State or regionally significant resources of minerals, petroleum or extractive materials, or

Note : At the commencement of this Policy, no land was identified as referred to in paragraph (b).

(c) identified by an environmental planning instrument as being the location of significant resources of minerals, petroleum or extractive materials.

Note : Sydney Regional Environmental Plan No 9--Extractive Industry (No 2--1995) is an example of an environmental planning instrument that identifies land as containing significant deposits of extractive materials.

 

(2) Before determining an application to which this clause applies, the consent authority must:

(a) consider:

(i) the existing uses and approved uses of land in the vicinity of the development, and

(ii) whether or not the development is likely to have a significant impact on current or future extraction or recovery of minerals, petroleum or extractive materials (including by limiting access to, or impeding assessment of, those resources), and

(iii) any ways in which the development may be incompatible with any of those existing or approved uses or that current or future extraction or recovery, and

(b) evaluate and compare the respective public benefits of the development and the uses, extraction and recovery referred to in paragraph (a) (i) and (ii), and

(c) evaluate any measures proposed by the applicant to avoid or minimise any incompatibility, as referred to in paragraph (a) (iii).

 

The proposal adjoins the existing extractive industry on the land and accordingly clause 13 applies. The quarry has operated from the site for in excess of 40 years. The proposed development is unlikely to have significant adverse impact on the current or future extraction of resources. The proposed use is not considered to be incompatible with any existing or an approved use within the vicinity, given it is currently operating with minimal disturbance to surrounding landuses.

 

14 Natural resource management and environmental management

(1) Before granting consent for development for the purposes of mining, petroleum production or extractive industry, the consent authority must consider whether or not the consent should be issued subject to conditions aimed at ensuring that the development is undertaken in an environmentally responsible manner, including conditions to ensure the following:

(a) that impacts on significant water resources, including surface and groundwater resources, are avoided, or are minimised to the greatest extent practicable,

(b) that impacts on threatened species and biodiversity, are avoided, or are minimised to the greatest extent practicable,

(c) that greenhouse gas emissions are minimised to the greatest extent practicable.

(2) Without limiting subclause (1), in determining a development application for development for the purposes of mining, petroleum production or extractive industry, the consent authority must consider an assessment of the greenhouse gas emissions (including downstream emissions) of the development, and must do so having regard to any applicable State or national policies, programs or guidelines concerning greenhouse gas emissions.

(3) Without limiting subclause (1), in determining a development application for development for the purposes of mining, the consent authority must consider any certification by the Chief Executive of the Office of Environment and Heritage or the Director-General of the Department of Primary Industries that measures to mitigate or offset the biodiversity impact of the proposed development will be adequate.

 

The proposed and existing quarry area is more than 40m from a surface stream. The proposal is unlikely to impact upon ground water, surface or drinking water catchments.

 

No threatened species, populations or communities have previously been recorded at the subject site.  Due to the agricultural history of the site and the  disturbed nature of the existing quarry impact on fauna species is likely to be minimal.

 

It is anticipated that emissions from plant, machinery and transport vehicles will result in the emission of some greenhouse gas, however it is not considered necessary to impose conditions in relation to greenhouse gas emissions.

 

15 Resource recovery

(1) Before granting consent for development for the purposes of mining, petroleum production or extractive industry, the consent authority must consider the efficiency or otherwise of the development in terms of resource recovery.

(2) Before granting consent for the development, the consent authority must consider whether or not the consent should be issued subject to conditions aimed at optimising the efficiency of resource recovery and the reuse or recycling of material.

(3) The consent authority may refuse to grant consent to development if it is not satisfied that the development will be carried out in such a way as to optimise the efficiency of recovery of minerals, petroleum or extractive materials and to minimise the creation of waste in association with the extraction, recovery or processing of minerals, petroleum or extractive materials.

 

The proposed continued quarry activity will result in minimal quantities of waste being generated. The majority of the material will be transported or used for rehabilitation purposes.  Any waste rock will be used on site for site management of rehabilitation purposes. No specific conditions are considered necessary to address waste generation. The volume of waste / spoil will be minimal and refusal on this basis is not considered to be warranted.

 

16 Transport

(1) Before granting consent for development for the purposes of mining or extractive industry that involves the transport of materials, the consent authority must consider whether or not the consent should be issued subject to conditions that do any one or more of the following:

 

(a) require that some or all of the transport of materials in connection with the development is not to be by public road,

(b) limit or preclude truck movements, in connection with the development, that occur on roads in residential areas or on roads near to schools,

(c) require the preparation and implementation, in relation to the development, of a code of conduct relating to the transport of materials on public roads.

(2) If the consent authority considers that the development involves the transport of materials on a public road, the consent authority must, within 7 days after receiving the development application, provide a copy of the application to:

(a) each roads authority for the road, and

(b) the Roads and Traffic Authority (if it is not a roads authority for the road).

Note : Section 7 of the Roads Act 1993 specifies who the roads authority is for different types of roads. Some roads have more than one roads authority.

(3) The consent authority:

(a) must not determine the application until it has taken into consideration any submissions that it receives in response from any roads authority or the Roads and Traffic Authority within 21 days after they were provided with a copy of the application, and

(b) must provide them with a copy of the determination.

(4) In circumstances where the consent authority is a roads authority for a public road to which subclause (2) applies, the references in subclauses (2) and (3) to a roads authority for that road do not include the consent authority.

 

Access to the site is via a private road (Right of Carriage way over adjoin land to the immediate south of the quarry) to its intersection with Spring Hill Road. The scale of operation of the quarry is to be at approximately 50% of the capacity that had been permitted in the earlier development consent. Accordingly, the level of traffic generated by the development is also proposed to be at lesser level. Traffic generation is estimated 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 that there will be periods where no activity occurs on site. Access to the site will be by private and public roads, there being no alternative form of transport option available to the proponent. The applicant has voluntarily agreed to the preparation of a driver code of conduct to be implemented during the life of the quarry to ensure road safety is maintained at Spring Hill.

 

Spring Hill Road is controlled by Cabonne Council. The application was referred to RMS for consideration and comment. RMS raised no objection to the continued use of the quarry site. 

 

17 Rehabilitation

(1) Before granting consent for development for the purposes of mining, petroleum production or extractive industry, the consent authority must consider whether or not the consent should be issued subject to conditions aimed at ensuring the rehabilitation of land that will be affected by the development.

(2) In particular, the consent authority must consider whether conditions of the consent should:

(a) require the preparation of a plan that identifies the proposed end use and landform of the land once rehabilitated, or

(b) require waste generated by the development or the rehabilitation to be dealt with appropriately, or

(c) require any soil contaminated as a result of the development to be remediated in accordance with relevant guidelines (including guidelines under section 145C of the Act and the Contaminated Land Management Act 1997 ), or

(d) require steps to be taken to ensure that the state of the land, while being rehabilitated and at the completion of the rehabilitation, does not jeopardize public safety.

 

Rehabilitation procedures are outlined in the SoEE and are to occur during the life of the quarry by progressively battering and forming the landform for unused areas, as well as final remediation of the entire site when quarry activity ceases. The rehabilitation is also to include environmental protection works to the former quarry site adjacent the active quarry area. Conditions of development consent will be imposed regarding the site rehabilitation.

 

The majority of material extracted from the site will be transported or used for rehabilitation purposes.  The small amount of rock generated by the extractive industry proceeding will be used on site or in rehabilitation works. 

 

Fuel or oil spill is the principle potential contamination source. No storage of fuel or chemicals is proposed onsite. Refueling will be done by service vehicles. No machinery servicing is proposed on site. Spill kits are to be kept on site, and plant operator’s standard procedures in relation to hazardous materials will apply in the event of a fuel or oil spill. The applicant will be responsible for decommissioning and rehabilitating the site in accordance with conditions of development consent, and any other approvals that may be required.

 

SEPP 33 – Hazardous an Offensive Developments

The proposed development is not classified as being a hazardous or offensive industry or a potential hazardous or offensive industry.

 

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

 

SEPP 55 Contaminated Land – applies to the State.  The subject land has historically been utilized for agriculture (grazing) and later as a quarry. The subject site is seeking consent for continued use and expansion of an extractive industry. It is not considered necessary for remediation or further investigation of the site. Rehabilitation processes should be undertaken in accordance with the provisions of SEPP 55.

 

State (State and Regional Development) 2011. The proposal does not meet the capital investment value threshold for assessment as either State or regional development.

 

State Environmental Planning Policy (Infrastructure) 2007. The development does not meet the 200 or more vehicle movements per day criteria for consideration under the SEPP. The Main Western Railway line is located approximately 1,150m to the east of the existing extractive industry. The existing and proposed quarry works do not fall within the triggers contained within clause 86 of the SEPP for referral/ concurrence from State Rail.

 

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.

 

DCP 5 relates generally to subdivision of rural land and the impact of dwelling permissibility, and as such does not contain development provisions relating to the proposed development. The development does not involve subdivision or construction of a dwelling. The development is consistent with the objectives of the DCP to manage development of rural land. 

 

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 a continuation of the existing quarry operation and do not increase the scale of the quarry extraction or production. An assessment has been made within the report of the relevant Environmental Planning and Assessment Regulations 2000, and  clauses 12-17 of the SEPP (Mining, Petroleum Production and Extractive Industries) 2007. Based upon a detailed review of the relevant matters of consideration it is determined that 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.

 

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 the quarry from nearby residences (dwellings 1, 2 and 3) and ancillary development. Additional landscaping, along with site remediation will be implemented to minimize visual impacts.

 

Environmental management measures can be implemented to minimse environmental impacts arising as a result of the development continuing.  The continuation of the quarry land use is considered to be appropriate in terms of context and setting within the 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 land to expand the quarry for resource recovery is not considered to be significant. Rehabilitation of the final landform will return  part of the site to grazing land and native habitat.

 

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

 

Access & Traffic

The access to the site is via a private gravel road located within a Right of Carriageway (ROW) that connects with Spring Hill Road to the west of the quarry site. The ROW services the subject land (both the quarry and farm land), a rural allotment and a lifestyle allotment located east of the subject land. The existing private access road and the internal access road to the quarry are maintained as gravel surfaces. The traffic using the existing ROW is generally local residents and quarry related vehicles.

 

Traffic generation

The quarry site has had previous approval to extract 15,000 cubic metres (30,000 tonne) of material per annum. The current application seeks approval for the continued use of the quarry and a modest expansion, resulting in an annual extraction rate of 8,333 cubic metres (15,000 tonne per annum).

 

Trucks carrying on average 23 tonnes will service the quarry site as required. The potential average 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 servicing the site reflects the present quarry operator’s management strategy, and would provide less impact upon the residences located in close proximity to the private access road.

 

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 quarry related traffic travelling through the village of Spring Hill, located to the north of the quarry.

 

The quarry is accessed via an existing private access gravel road located 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 applicant proposes quarry operation to occur between 7am and 6pm Monday to Friday and 7am to 3pm Saturday, with no work on Sunday or Public Holidays. Due to the geographic location of the site, the day light hours of operation, and the absence of site processing or blasting, it is considered that local acoustic amenity of the surrounding area would not be degraded by the continued operation of the quarry.

 

Air quality

The continued operation of the quarry and its minor expansion is unlikely to cause potential cumulative offensive or significant air quality impacts. The internal road surface is to be watered to minimize dust emission, while plant and machinery are to be maintained to ensure safe operating standards. A driver code of conduct is to be implemented to ensure compliance with road regulations for covering of loads leaving the site, and that the speed of trucks on the internal haul road and the private access road is managed. Further commitments by the applicant ensure that the quarry operator would temporarily suspend vehicle movements in excessively dry and or windy conditions.

 

Noise

The quarry is shielded from adjoining landuses by its location. Operational noise is generally contained within the quarry extraction area.  Traffic generated by the quarry operation is limited to nominated hours of operation.  A commitment by the applicant provides for a driver code of conduct to ensure  safe use of the private and public road system and to control speed of vehicles accessing the quarry along the private access road. A further commitment ensures dialogue between the quarry and its neighbours to ensure any concerns over operational noise are addressed.

 

Flora and fauna

The site has been disturbed by historic land use as agricultural land and later for quarry activity. There are no known threatened species of flora or fauna recorded on the site. The quarry working area and the proposed extension have been cleared of blackberry bushes and rabbit harbour, thistles and weeds, and several self-sown Radiata pines. 

 

The proposed expansion of the quarry requires removal of two native eucalypt trees. The SoEE addresses the procedure to be engaged when clearing the trees, with provision to enable any fauna species to relocate.

 

Remediation of the site, including environmental protection works to rejuvenate the former quarry area aims at providing a final landform that will accommodate native species of flora, including species likely to re-establish from the stored topsoil, and provide suitable habitat for native fauna.

 

Water management

Surface water collected on the site will be used for dust suppression. The site is contained and has no impact upon  water courses or adjoining land. The applicant has provided a statement of commitments that includes actions to address site management including management of surface water, soil and sedimentation control and procedures in the unlikely event that the water table is intercepted.

 

Cumulative impact

The expansion of the quarry will not lead to an increase 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. The SoEE details that geological assessment of the site has been undertaken and that no mafic volcanic rocks have been 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 have been provided to councillors under separate cover.

 

Issues raised in the submissions are summarized 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. Condition of consent / statement of commitment address issue.

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. Dividing Fences Act applies and the construction of a boundary fence is a common law matter between the adjacent landowners, noting that the submission writer’s property does not adjoin the quarry land.

Condition of consent / Statement of commitments address issue re water table.

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:

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 comments of the Stewart’s consultant and the legal advisor are also noted with the relevant concerns addressed in the amended SoEE and the assessment report. References to extraction rate tonnage have been corrected and clarified in the submitted amended SoEE.

The opinions expressed by the Stewarts have been considered, and where relevant concerns have been raised, those concerns have been taken into account by both the proponent and by council in its planning assessment. It is considered that the continued operation of the quarry can be undertaken in a manner that enables adequate environmental management of the site, while providing economic benefit to the district.

It is also considered that the development application can be determined by council.

 

The various issues identified through the submissions have been addressed by the proponent with the submission of an amended SoEE to correct anomalies and to clarify the matters raised by the submissions. The submissions and the amended SoEE were 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.

 

Although the formal period for submissions concluded on 28 July 2017, it is noted that one submission writer has provided a series of follow up communications and representations to council. Council has also recently received three letters of support for the continuation of the quarry. Council is not obligated to consider submissions received after the close of the notification phase, however where reasonable consideration is given to any relevant new issues raised. The additional submissions generally reiterated the concerns already expressed by the adjacent land owner.

 

Letters of support for the continuation of the quarry were provided by the nearest impacted resident and the Mines Safety Inspector.

 

Public Authorities

As required by the Mining SEPP the application was referred to RMS for comment, to which the following response was provided to council:

 

Roads and Maritime will not object to the proposed development and, in accordance with Clause 16(2) of State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007, provides the following recommendations for Council’s consideration:

 

The proponent is to prepare and implement a code of conduct relating to transport of materials on public roads as part of the considerations under Clause 16(1) of State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007 (the SEPP). The code of conduct is to include:

 

·    Details of transportation hours and vehicle types pursuant to approval of the development application.

·    Procedure for the transport of hazardous materials.

·    Details of local school operating hours and in particular, student drop off/pick up times. Haulage operations during student drop off and pick up times is to be prohibited.

·    Requirement for drivers to operate vehicles in a safe, professional and courteous manner.

 

Safe Intersection Sight Distance (SISD) requirements outlined in the Austroads Guide to Road Design Part 4A is to be provided and maintained at the vehicular access to the quarry from Spring Hill Road.’

 

The RMS requirements have been included in the draft notice of approval.

 

PUBLIC INTEREST s79C(1)(e)

 

The proposed development is considered to be of economic benefit to the local district, with any potential for environmental impacts from the development proceeding being relatively localised in nature. 

 

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 25 - 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 - 877240

 

 

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

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

 

Political Disclosures

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

 

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

 

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

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

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

 

Nil planning application disclosures have been received. 

Nil public submission disclosures have been received. 

 

 

SUMMARY

 

The following report provides an assessment of the development application submitted for 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 developer’s 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

5402268Location plan

Subject land viewed from the western approach of Foys Drive

 

Subject land viewed from the north east.

 

MATTERS FOR CONSIDERATION

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

 

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

Clause 1.2  Aims of the Plan

The broad aims of the LEP are as follows:

 

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

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

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

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

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

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

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

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

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

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

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

 

Clause 1.9A Suspension of covenants, agreements and instruments

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

·    Covenants imposed or required by council

·    Prescribed instruments under s183A of Crown Lands Act 1989

·    Any conservation agreement under National Parks and Wildlife Act 1974

·    Any trust agreement under the Nature Conservation Trust Act 2003

·    Any property vegetation plan under the Native Vegetation Act 2003

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

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

 

Clause 1.9A suspends developer-imposed covenants, agreements or instructions from the council’s planning assessment process in certain circumstances. A developer covenant is registered upon the land title of each of the allotments in the Foys Drive subdivision. Council is not responsible for the regulation of the covenant.  Council has recently been advised that a variation to the covenant was registered by the developer releasing Lot 7 from the colourbond fence restriction.

     

Mapping

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

 

          Land zoning map

Land zoned R5 Large Lot Residential

Lot size map

Minimum lot size 4,000m2

Heritage map

Not a heritage item or conservation area

Terrestrial Biodiversity Map

No biodiversity sensitivity on the subject land

Flood planning map

Not within a flood zone

Natural resource – karst map

Is within a karst area

Drinking water catchment map

Not within a drinking water catchment area

Riparian land and watercourse map, groundwater vulnerability map

Groundwater vulnerable – moderately high to high

Land reservation acquisition map

NA

 

      These matters are addressed in the report following.

 

Cabonne Local Environmental Plan 2012

The subject land is zoned R5 Large Lot Residential by the Cabonne Local Environmental Plan 2012.  A boundary fence is permissible within this zone, subject to Council’s development consent.

 

Objectives of the R5 Large Lot Residential zone

The proposal is not contrary to the aims of the LEP or the objectives of the R5 zone.  The development relates to and is consistent with the zone objectives which seek to

 

·    To provide residential housing in a rural setting while preserving, and minimising impacts on, environmentally sensitive locations and scenic quality.

·    To ensure that large residential lots do not hinder the proper and orderly development of urban areas in the future.

·    To ensure that development in the area does not unreasonably increase the demand for public services or public facilities.

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

 

Part 4 – Principal development Standards

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

 

Part 5 – Miscellaneous provisions

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

 

Part 6 – Additional local provisions

Clause 6.7 Land affected by karst

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

 

Before determining a development application for development on land to which this clause applies, the consent authority must consider the following in relation to the risk of subsidence to the development, the development’s design & construction methods, the specific geotechnical constraints of the site and waste water/stormwater management & drainage on the site.

 

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

 

1.   The development is designed, sited and will be managed to avoid any subsidence risk or significant adverse impact from subsidence on the development or on the land surrounding the development, or

2.   If that risk or impact cannot be avoided by adopting feasible alternatives – the development is designed, sited and will be managed to minimise that risk or impact, or

3.   If that risk or impact cannot be minimised – the development will be managed to mitigate that impact, and

4.   Council is satisfied that the site of the development will have adequate waste water and stormwater management and drainage to ensure that the rate, volume and quality of water runoff is not affected by the development.

 

The development site is located over a substantial limestone karst system of underground aquifers and caves covered by top soil. Regrettably, little information is known about this karst system and the presence of caves or sinkholes at the site is unidentified. In addition, no information is available to determine the depth of the soil or rock above this karst system.

 

The construction of boundary fences is not considered to have an adverse impact upon the karst geology.

 

REGIONAL ENVIRONMENTAL PLANS

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

 

STATE ENVIRONMENTAL PLANNING POLICIES

SEPP (exempt and complying development codes) 2008, applies to the land.

 

SEPP 55 – Contaminated Land applies to the land.  Former agricultural use of the land is unlikely to restrict the proposed rural residential use of the site.

 

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 6 – Rural Small Holdings applies to this land. The DCP aims to ‘encourage the development of rural small holdings which are of a high quality and which enhance the character and function of the rural countryside’.

 

Clause 4.2 of the DCP requires that development ‘generally be sited in a manner that maintains the rural character of the countryside. This includes separation of buildings and minimizing long lengths of access roads or other works if they substantially disturb natural land forms and vegetation or otherwise increase soil erosion’.  The clause further states that development should blend with the natural topography in order to reduce visual impact.

 

The construction of the 1.8m high dark green colorbond fence along three boundaries of the site, being an area of semi-rural character, is considered to be contrary to the DCP aims and objectives.

 

It is suggested that the dual fence /colorbond fence should be removed and the side and rear boundary fences be retained / reinstated in accordance with council’s standard requirements for stock proof rural style fencing. It is noted that perimeter landscaping could be considered (as has been implemented within the Foy Drive area) by the proponent to provide an aesthetically suitable opportunity for introduction of additional windbreaks / screening of the subject land.

 

The proposed front fence, while of urban style, is considered to be in scale with the associated dwelling.

 

 

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

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

 

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

Visual amenity

The area is semi-rural in character. The proposed front fence is not inconsistent with other development within the immediate vicinity.

 

The extensive use of colorbond perimeter fencing however is inconsistent with the semi-rural character of the area, and inconsistent with existing fencing both within this particular subdivision and within the rural residential developments surrounding the site.

 

The subject land is located on elevated land and is visible from the adjacent road network and properties. The extensive use of colorbond perimeter fencing upon the subject site sets a precedent for future development within the subdivision precinct and within the north Molong area.

 

The visual impact of the colorbond fence is not in character with the rural residential provisions of the council’s Development Control Plan 6.

 

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

Physical Attributes and Hazards

There are no known technological or natural hazards that would affect the proposed development. The subject area is noted to be within karst geology.

 

DEVELOPMENT CONTRIBUTIONS

No development contributions apply to the development.

 

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

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

 

Submission summary

Comments

Covenant applies to each of the subdivision allotments prohibiting use of colorbond fencing. Permitting the development to proceed would jeopardise the covenants and may affect the ability for other lots in the subdivision to be sold.

The selected colour is not recommended by the manufacturer for areas of full sunlight as the colour is susceptible to fade unevenly.

Demand also that the developer provide a brick entrance to the estate to provide prestige.

If potential lifestyle blocks are spoilt from their intended use, potential purchasers will move to other regions more suited to their lifestyle.

Clause 1.9A of Cabonne LEP 2012, being a standard instrument LEP, applies and council is not responsible for the administration of a developer-imposed covenant.

 

 

 

Noted.

 

 

Not relevant to DA. (The initial proposal for an estate entranceway was withdrawn by developer. The subdivision has been registered and the developer has no further obligation.)

Noted.

The fence has already been constructed and looks like the walls of a gaol. It ruins the whole area.

No objection to the proposed front fence. Selected colours should match the house.

A covenant applies to the estate prohibiting colorbond fences.

If one person breaks the covenant, will this mean all other new development in the estate can do the same?

Noted.

 

 

Noted.

 

 

Noted.

 

This is a matter potentially between the developer and the subsequent purchasers of each lot.

Reason for purchasing an allotment in Foys Drive was the favourable aesthetic nature of the immediate and surrounding area.

Shocked by the installation of the colorbond fence which is not consistent with the post and wire fencing that defines the subdivision and surrounding area.

The dual fence on the western side of the property (farm style fence abutting colorbond fence) is visually unattractive and impractical.

Vacant lots adjoin the subject site. To maintain consistency any future dwellings will have little option but to continue with colorbond fencing, resulting in a colorbond jungle.

If council approves the application, precedence will be set for further colorbond fencing to be constructed.

Noted.

 

 

 

Noted.

 

 

 

 

Noted.

 

 

 

 

Noted.

 

 

 

 

Noted.

 

The comments above are noted. Council has no statutory role in the administration of a developer-imposed caveat or variation.  A merit-based assessment of the application has been undertaken and it is considered that the construction of a colorbond boundary fence is inconsistent with the aims and objective of DCP 6. The construction of a pillar and metal infill panel front fence is considered as reasonable within the terms of the planning provisions.

 

Correspondence received by council from solicitors for the land owner indicates that they consider the boundary fence may satisfy the complying development SEPP conditions, and that a complying development certificate may be sought for the colorbond fence from a private certifier.

 

PUBLIC INTEREST s79C(1)(e)

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

 

CONCLUSION

The proposed development is permissible with the consent of Council. The development generally complies with the relevant aims, objectives and provisions of the LEP.  A section 79C assessment of the development indicates that the development is generally acceptable in this instance.  It is suggested that council approve the front fence proposal only, and require rural fencing to be retained / installed along the side and rear boundaries of the site. 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 - REVIEW OF DETERMINATION - DEVELOPMENT APPLICATION 2017/129 - 19 HAIG STREET, CUMNOCK

REPORT IN BRIEF

 

Reason For Report

For Council to determine the application

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

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

Annexures

Nil   

File Number

\Development Applications\DEVELOPMENT APPLICATION\2017\03-2017-0129 - 877208

 

 

Recommendation

 

THAT:

 

1.   Council adhere to its previous resolution to refuse Development Application 2017/129, and

 

2.   Assessment of the Section 68 Application to connect the subject site to sewer be undertaken by the relevant council staff.

 

Director of Environmental Services' REPORT

 

The council at its meeting of 25 July 2017 resolved ‘That Development Application 2017/129 for use of a shipping container and attached awning upon Lot 3 DP 11160, being land known as 19 Haig Street, Cumnock, be refused on the grounds that the building does not meet the minimum construction and environmental standards for its us (dwelling) and is not consistent with the village streetscape’. A Notice of Refusal was issued subsequently issued to the applicant, Mr John Haeta, at his contact address being 19 Haig Street, Cumnock.

 

On the 29 September 2017 the applicant / landowner, Mr John Haeta, lodged an application under section 82A of the NSW Environmental Planning and Assessment Act, 1979 (as amended) to seek a review of the development determination by council.

 

Section 82A of the Act permits an applicant to request the council to review a determination of the applicant’s application, subject to the request to review the determination being made within 6 months of the issue of the initial determination. The applicant is permitted to submit revised information and / or amended plans for the development proposal. Council may consider the request to review the determination; however, it is not obligated to carry out a review. A review decision cannot be subject to a further review, or to a Land and Environment Court challenge. As a consequence of a review council may either confirm or change the determination. 

 

The background

On 2 February 2017 council received an application for development approval (Environmental Planning and Assessment Act) and section 68 (Local Government Act – plumbing and drainage) application for land described as Lot 3 DP 11160, being 19 Haig Street, Cumnock. The description of the development was stated as ‘connect sewer to site shed’. The submitted documentation indicated that the site contained a shipping container, site shed, water tanks and a potential  building site. Photographs provided with the application showed unauthorized constructions works in progress for an awning and a structure encompassing the shipping container.  Communication aerials / TV antenna and a chimney / flue were shown attached to the structure.

 

Although the application stated its purpose being section 68 Local Government approval to connect a site shed to the sewer, the applicant had also requested development consent and provided photos of a structure under construction.

 

A search of council records did not reveal any approvals issued for the placement of the shipping container on the subject site, or the construction work that was being undertaken, presumably the ‘site shed’, or for the installation of four 22,000 litre water tanks. No approval was located for the installation of a wood heater. Council officer’s undertaking a site visit were of the opinion that the shipping container maybe being used for domestic habitation.

 

In any development assessment process the officer is required to characterize the development in accordance with the standard land use dictionary definitions as prescribed by the Cabonne Local Environmental Plan 2012. The assessing officer identified the application as  seeking retrospective approval for works that appeared to have a purpose relating to domestic habitation, rather than the stated use as a storage shed or a ‘site shed’ (the latter being the applicant’s description to which no definition is provided within the Cabonne LEP). A site inspection by council officers indicated that the shipping container had been fitted out to allow its use as accommodation. The unauthorized structure and the shipping container did not satisfy a basic assessment for safe habitation, and a recommendation for refusal of the application was made to council.

 

6436957

Site plan

 

 

The applicant’s request for a review of the determination

The applicant purchased Lots 3, 4 and 5 DP 11160 being vacant land in Haig Street, Cumnock in 2007. A sea container was purchased as an on-site storage shed and placed parallel to the boundary fence of Lot 5 and Haig Street. Subsequently the shipping container was relocated to Lot 3. A roof extension with insulation was also erected.

 

No development consent was obtained for the placement of a shipping container upon land zoned Village, or its relocation, or the structural works associated with the container. The applicant states the site preparation, footings and roof extension was constructed with ‘non consent’. The land uses however are unlikely to have complied with the Codes SEPP as exempt development.

 

Lots 4 and 5 remain vacant allotments. Power has been connected to Lot 3. Enquiries were made of council in 2008 relating to Building Code of Australia (BCA) requirements for proposed development upon the land. The applicant intended to submit a Development Application however he elected to delay doing so during negotiations with council over the introduction to Cumnock of the ‘Four Town Sewer‘ program.

 

The applicant believes that in 2012 council rezoned his land from 1(a) to RU5 Village making obsolete his previous plans to install a septic onsite waste management system.

 

The Cabonne LEP 1991 zoned the subject land 2(v) Village. The Standard Instrument Cabonne LEP 2012 transitioned the 2(v) zone to the modern terminology of RU5 Village. The subdivision provisions did reflect the change of the Cumnock village from unsewered to that of sewered land by relaxing the previously imposed minimum lot size from 2,000m² to 900m² where sewer was available. The applicant has inaccurately assumed that the BCA classification for construction of structures reflected the LEP land use zones.

 

The applicant raises ongoing concerns relating to the council’s water and sewer rates applying to the land.

 

Water and were rates are not a relevant planning consideration.

 

The applicant states that regulations require that a person conducting a business must, where practical, supply adequate facilities for workers such as toilets, drinking water, hand washing, dining facilities and personal storage. He does not state what the business or undertaking is that requires the provision of these amenities in relation to the shipping contain and its use as a storage shed.

 

There are no approvals in place for the operation of a business on the subject land. There is no restriction on the landowner connecting to sewer, and the installation of a toilet on the site. The section 68 approval for connection to sewer can be assessed by council’s health and building officer and is a matter separate to the land use approval process.

 

The applicant states that he was not given opportunity to comment upon the planning assessment report and / or address council.

 

It is not a requirement of planning regulations of council procedures that the applicant review an assessment report or address council. The lawful process does enable an applicant to seek a review of a determination by the consent authority, or alternatively to appeal a determination through the Land and Environment Court.

 

CONCLUSION

A review has been undertaken of the planning assessment report considered by council at its meeting of 25 July, 2017 and the applicant’s submission under s82A of the Environmental Planning and Assessment Act 1979.

 

It is noted that structures have been placed / constructed upon the subject land and that retrospective approval is being sought for these structures. It is recommended that council adhere to its previous determination to not issue development consent. The request for approval to provide a toilet on-site by way of connection to sewer can be considered under the Local Government Act, 1993, by the relevant council staff separate to the land use permissibility issue.

 

Should the landowner submit a Development Application for a new dwelling upon the subject land that application would be subject to a merit-based assessment at that time.

 

 

 

ITEM 27 - DEVELOPMENT APPLICATION 2018/6 FOR FIVE (5) LOT SUBDIVISION OF LAND AT 2522 CARGO ROAD, CARGO

REPORT IN BRIEF

 

Reason For Report

For Council to determine 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.  2018/6 Draft Conditions of Consent    

File Number

\My Workspace\Enviro Services\STAFF FOLDERS\Kate\DA Reports - 878157

 

 

Recommendation

 

THAT Development Application 2018/6 for subdivision of land at 2522 Cargo Road, Cargo be granted consent subject to the attached conditions of consent.

 

Senior Town Planner's REPORT

 

ADVISORY NOTES

Record of voting

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

 

Political Disclosures

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

 

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

 

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

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

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

 

Nil planning application disclosures have been received. 

 

Nil public submission disclosures have been received. 

 

 

SUMMARY

 

The following report provides an assessment of the development application 2018/6 submitted for five (5) lot subdivision of land at 2522 Cargo Road, Cargo.

 

The application has been referred to the Council for determination as five (5) submissions have been received in objection to the proposal.

 

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

 

Applicant:          Anna Shaw & James Rogers

Owner:               AV Shaw & JS Rogers

Proposal:           Subdivision into five (5) lots

Location:            2522 Cargo Road, Cargo

Zone:                  RU1 Primary Production   

 

The PROPOSAL

Council approval is sought to subdivide a 543 hectare agricultural holding into five (5) separate allotments, as per the tables below:-

 

Existing Lot

DP

Area (Ha)

1

1227775

83.23

2

1227775

291.2

226

750139

40.47

227

750139

24.08

262

750139

16.19

265

750139

16.19

268

750139

16.19

269

750139

23.67

284

750139

16.19

1

1203056

2.65 (part closed road)

2

1203056

7.22 (part closed road)

3

1203056

5.63 (part closed road)

Total

 

543 Ha

 

 

Proposed Lot

Area (Ha)

 

1

124

Vacant ag land

2

118

Vacant ag land

3

106

Vacant ag land

4a

106

Existing dwelling on ag land

4b

2.47

Part closed road

5a

83

Existing dwelling on  ag land

5b

3.31

Part closed road

Total

543 Ha

 

 

The proposed new lot boundaries are mostly located along existing fence lines, however some new lot boundaries are required to be constructed (approximately 1.75 kms).

 

Each of the newly created lots will have access to existing power lines that currently traverse the land. One of the power lines, which connects to Cargo Road, currently provides power to the existing dwelling on proposed lot 5. A separate powerline connects to Paling Yards Loop and will provide access to proposed lots 1 to 4. The proposed lot design and layout takes into account ease of access to power to existing infrastructure.

 

BACKGROUND

 

Existing lots 1 & 2 DP 1227775 were created as a minor boundary adjustment between former lots 41 & 42 DP 607321 to rectify fenced boundaries. There is an existing dwelling upon lot 1 DP 1227775, which was formerly lot 41 DP 607321. The land was created via subdivision (DA 79/19) and a dwelling was permissible upon the land at the time of subdivision. As there are no changes to the lot layout or total area of the land (83 hectares), a dwelling is permissible upon proposed lot 5.

 

Site Map

 

 

MATTERS FOR CONSIDERATION

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

 

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

 

Clause 1.2  Aims of the Plan

The broad aims of the LEP are as follows:

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

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

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

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

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

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

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

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

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

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

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

 

Clause 1.9A Suspension of covenants, agreements and instruments

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

·    Covenants imposed or required by council

·    Prescribed instruments under s183A of Crown Lands Act 1989

·    Any conservation agreement under National Parks and Wildlife Act 1974

·    Any trust agreement under the Nature Conservation Trust Act 2003

·    Any property vegetation plan under the Native Vegetation Act 2003

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

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

         

     

      Mapping

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

     

Land zoning map

Land zoned RU1 Primary Production

Lot size map

Minimum lot size 100 Ha

Heritage map

Not a heritage item or conservation area

Terrestrial Biodiversity Map

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

Flood planning map

Not within a flood zone

Natural resource – karst map

Not within a karst area

Drinking water catchment map

Not within a drinking water catchment area

Riparian land and watercourse map, groundwater vulnerability map

Not affected by riparian, watercourse or groundwater vulnerability

Land reservation acquisition map

 

 

      These matters are addressed in the report following.

 

Cabonne Local Environmental Plan 2012

The subject land is zoned RU1 Primary Production by the Cabonne Local Environmental Plan 2012.  Subdivision of land is permissible within this zone, subject to Council’s development consent.

 

Objectives of the RU1 Primary Production zone

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

 

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

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

·    To minimise the fragmentation and alienation of resource lands.

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

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

 

Part 4 – Principal development Standards

Clause 4.1 Minimum subdivision lot size

4.1(3) The size of any lot resulting from a subdivision of land to which this clause applies is not to be less than the minimum lot size shown on the lot size map in relation to that land.

 

Proposed lots 1 to 4 each have a total area >100Ha and a dwelling may be permissible upon each lot.

 

Subdivision complies with clause 4.1(3) Minimum Lot Size.

 

Proposed lot 5 is land that was created via a subdivision (DA 79/19) and at the time of subdivision minimum lot size was 40 ha (the land has a total 64.18 ha). The land has since increased in size to a total 83 ha. Despite the minor boundary adjustment, the underlying land is the same as was originally approved. A dwelling is therefore permissible upon the land.

 

Part 5 – Miscellaneous provisions

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

 

Part 6 – Additional local provisions

Clause 6.3 Terrestrial biodiversity

The site is identified as environmentally sensitive as per the Terrestrial Biodiversity Map (Dry open-forest on ranges of the lower slopes (Hervey Ranges) and Blakely's Red Gum - Yellow Box open-woodland of the tablelands). 

 

There is significant vegetation across the site that is denser on the eastern and western sides and is connected by scattered remnant vegetation on grazing land. It is also noted there is native vegetation along the roadside verges that act as ecological corridors between bush land.

 

Given that the application seeks to subdivide the land only and there are cleared dwelling envelopes for future development sites, the potential impacts on biodiversity are considered to be minimal.

 

Clause 6.8 Essential services

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

a.   The supply of water

b.   The supply of electricity

c.   The disposal and management of sewerage

d.   Stormwater drainage, &

e.   Suitable vehicle access

 

REGIONAL ENVIRONMENTAL PLANS

 

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

 

STATE ENVIRONMENTAL PLANNING POLICIES

 

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

 

State Environmental Planning Policy (Rural Lands) 2008 applies to the Cabonne Council area. The SEPP requires Council to consider the existing and approved uses of land in the vicinity of the development (when it involves subdivision or dwellings), and whether or not the development is likely to have a significant impact on predominant or preferred land uses. In this case the surrounding area consists of agricultural land predominantly used for grazing. The proposed subdivision is also primarily for the purposes of agriculture and will facilitate 5 separate grazing operations. Whilst a dwelling envelope is identified on the plans submitted to Council for the bushfire risk assessment, the actual subdivision will not identify any dwelling envelope. Proposed lots 1 to 4 meet the MLS identified by the Cabonne LEP 2012 for agricultural land and a dwelling (100 Ha). The lot boundaries acknowledge the lands existing and future agricultural activities and have been positioned for access to essential service and utilities.  The proposal is considered to be consistent with the provisions of the SEPP and is not likely to result in land use conflict between each holding. While it is acknowledged the existing  543 hectare holding is proposed to be further fragmented into 5 separate allotments, each proposed lot meets the MLS for the RU1 zone and the land will continue to be used for the purposes of agriculture after subdivision.

 

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 requirements of Section 2 – Subdivision in the General Rural Zones.

 

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

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

 

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

 

Lot size & shape

The subject land is located within an existing agricultural area used primarily for grazing and some isolated cropping (due to the topography). Subdivision of the land will facilitate future use of the country for small scale grazing operations.  While the proposed lot layout is considered to be irregular and somewhat erratic, the boundaries are mostly along existing fence lines and facilitate ease of access to a public road and access to existing power lines. As such, the proposed lot boundaries consider future use of the land and are considered to be acceptable in this instance.

 

Access & traffic

Vehicle access arrangements for the proposed lots are as follows:-

Proposed Lots 1 & 2 – gain access directly Paling Yards Loop, however there is a small section of crown owned road reserve exactly at the point of access. This will require consent from crown for the construction of any access road. Safe Sight Distance (SSD) will be achieved in both directions once some minor road side vegetation is taken care of.

Proposed Lots 3 & 4 – will gain access from a council owned road reserve, which has never been formally constructed or named. The applicant will be responsible to construct this section of road to a minimum standard and apply to council to have it named formally.

Proposed Lot 5 – access is gained via an existing access point off Cargo Road and consists of a recessed cattle grid. This access meets council’s minimum standard with no further upgrades required.

 

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

 

The subject land is affected by bushfire hazards, as seen in the bushfire map below. A bushfire risk assessment of the development has been carried out by the proponent and the application was referred to NSW Rural Fire Service as integrated development as per the requirements of Section 91 of the Environmental Planning and Assessment Act 1979.

 

The NSW Rural Fire Service response is deemed a bush fire safety authority as required under section 100B of the Rural Fires Act 1997 subject to conditions for asset protection zones, water and utilities, access as well as design and construction (of existing dwellings). These are included in the draft conditions of consent.

 

 

DEVELOPMENT CONTRIBUTIONS

 

Council’s Bushfire Services Contributions Plan and Road Contributions Plans will apply to this development and are calculated as follows:-

Bushfire Contributions are required for Bowen Park Brigade (10002)
Proposed Lots 1,2 & 4 – 2x high category = $2,441.20 and 1x low category = $402.50, total = $2,843.70. Proposed Lots 3 & 5 - will be exempt from any bushfire contributions as each proposed lot will have an existing dwelling.

Road Improvement Contribution will be paid to Paling Yards Loop (20027)
Proposed Lots 1 & 2 – 5.7km’s of gravel road x 2, Zone C (25% discount)
$11,225.90 + ($11,225.90 x 4.7 x .75) = $50,797.20 x 2 = $101,594.40

Proposed Lot 3 & 5 – will be exempt from any road contributions as each proposed lot will have an existing dwelling. As per the Release of a Local Development Contributions Circular (PS 10-022) a $20,000 capped per development/ lot created being applied as of the 16 September 2010. The proposed development will therefore incur the following section 94 contributions:-

Roads Improvement Contribution, $20,000 x 2 (Lots 1 & 2) - $1,623.10 (bushfire contributions for proposed lots 1 & 2) total = $38,376.90

 

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

 

The proposed development was neighbourhood notified.  Five (5) submissions were received by the close of the exhibition.  Issues raised in the submissions are summarised as follows:

 

·    Fragmentation of three (3) existing agricultural holdings into five (5) smaller allotments

 

The objectors viewpoints regarding the likelihood of fragmentation of the existing farm holding is noted and is a valid concern regarding sustainable resource use.

 

·    Road upgrade and maintenance of Paling Yards Loop

 

Section 94 contributions for road upgrade and maintenance are applicable to Paling Yards Loop. Under the current Plan any contributions will directly benefit the road they apply to. Road contributions are designed to offset negative impacts to existing road infrastructure as a result of increased development. While there may be some minor impact to existing local road infrastructure, this will be addressed through contributions for road upgrade and routine Council road maintenance.

 

·    Increased traffic along local road networks

 

While the proposed subdivision may indirectly result in an increased traffic (RSM Guide to traffic generating developments indicates on average 8 vehicle movements per household, per day), any increase in traffic as a result of future residential development upon the lots is considered to be minor and the existing road infrastructure is adequate. Further to this, traffic generation is addressed at the time of lodging a development application to Council (for residential use or rural industrial use).

 

·    Improper management and landuse conflict arising from proposed ‘lifestyle’ allotments

 

The proposal is for subdivision only.  There will be no increased probability of dog attacks, weed infestations or feral animals as a result of subdivision. Furthermore, the land will continue to be used for agriculture and conflict between agricultural uses (primarily cropping & grazing) is not likely to arise.

 

·    Restrict access to stock reserves             

 

The proposed subdivision would have no impact to crown reserves or closed roads.

 

·    Impact to existing water catchments and streams that provide water to properties downstream

 

The proponent has provided that there are currently a total of 28 existing dams of the property which are divided between the proposed lots as follows:-

 

Proposed Lot

 

1

5 dams

2

4 dams

3

10 dams

4

5 dams

5

4 dams

 

While the proposal does not include the construction of any additional dams on the newly proposed lots, harvestable water rights for agricultural land holders are managed under the Water Management Act 2000. It is therefore considered that impact to local water catchments  will not be directly affected by the proposal to subdivide the land into 5 allotments.

 

PUBLIC INTEREST s79C(1)(e)

 

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

 

CONCLUSION

 

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

 

 

ITEM 28 - QUESTIONS FOR NEXT MEETING

REPORT IN BRIEF

 

Reason For Report

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

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.1.g. Code of Meeting Practice adhered to

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\NOTICES - MEETINGS - 874313

 

 

Recommendation

 

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

 

General Manager's REPORT

 

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

 

 

ITEM 29 - BUSINESS PAPER ITEMS FOR NOTING

REPORT IN BRIEF

 

Reason For Report

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

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

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

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\PROCEDURES - 874315

 

 

Recommendation

 

THAT:

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

2.   The balance of the items be noted.

 

General Manager's REPORT

 

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

 

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

 

 

ITEM 30 - MATTERS OF URGENCY

REPORT IN BRIEF

 

Reason For Report

Enabling matters of urgency to be called.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

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

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\NOTICES - MEETINGS - 874316

 

 

Recommendation

 

THAT Councillors call any matters of urgency.

 

General Manager's REPORT

 

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

 

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

 

 

 

ITEM 31 - COMMITTEE OF THE WHOLE SECTION OF THE MEETING

REPORT IN BRIEF

 

Reason For Report

Enabling reports to be considered in Committee of the Whole.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.1.g. Code of Meeting Practice adhered to

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\PROCEDURES - 874317

 

 

Recommendation

 

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

 

General Manager's REPORT

 

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

 

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

   


Item 7 Ordinary Meeting 28 November 2017

Item 7 - Annexure 1

 

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Item 10 Ordinary Meeting 28 November 2017

Item 10 - Annexure 1

 

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Item 10 Ordinary Meeting 28 November 2017

Item 10 - Annexure 2

 

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Item 13 Ordinary Meeting 28 November 2017

Item 13 - Annexure 1

 

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Item 13 Ordinary Meeting 28 November 2017

Item 13 - Annexure 1

 


 


 


 


 


 


 


 


 


 


Item 14 Ordinary Meeting 28 November 2017

Item 14 - Annexure 1

 

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Item 15 Ordinary Meeting 28 November 2017

Item 15 - Annexure 1

 

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Item 18 Ordinary Meeting 28 November 2017

Item 18 - Annexure 1

 

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Item 19 Ordinary Meeting 28 November 2017

Item 19 - Annexure 1

 

0017 Road runner .jpg     Animals on Bikes       0015 Giraffe travelling from Orange.jpgTurn Left at Molong and COME TO CUMNOCK

Sculpture trail is free and a wonderful family experience Caravan /camping facilities at Cumnock Showground

Support our communities - On the way to the Zoo

0016 Hot Rod Henny.jpg0012 Rocky Put thet Down.jpg0028 Doyouthinkhesawus  2.jpgEzyrider a 2.jpg

Roadside paddock Signage coming into Molong from Orange: 3metres x 1.5 = $1543.30     

2.4 metres x 1.2 = $1034.00

 Animals on Bikes
Cumnock NSW
Cabonne Country
Animals on Bikes
Cumnock NSW
Cabonne Country

 

 

 

 

 

 

 

 

 

Bumper Stickers 5000 units = $1430.00  (Size  20cm x 6 cm)

Hi Rhonda

Here are some prices for signs as discussed (Roadside bill boards)

Sign panel 2.4m x 1.2m $450 + GST

Gal posts, mounting channel + brackets $490 + GST

 

Sign panel 3.0m x 1.5m $650 + GST

Gal posts, mounting channel + brackets $753 + GST =$1543.30

 

Bumper stickers 5,000 - $1,300 + GST = $1430.00

1 Rosulyn St Dubbo NSW 2830

P. 02 6882 4786

F. 02 6884 1684

E. bwsigns@bridgewatersigns.com.au

www.bridgewatersigns.com.au

Regards                                                                                   

Mick McAnespie

Maintenance Program

Repaint the sculptures that are in need of revamping:

Rosie the Red back- Alphabet Animals on Bikes-Rocky Bear- Jump on Wheels Kangaroo- Slippery Penguins-Catch me Kangaroo- Orange Giraffe- Pink Elephant- Cow jumping moon- Hot rod Henny- Ezyrider Giraffe- Roadrunner- Cumnock Show- Horse and Jockey- 2 Little Pigs- Sea Eagle- Cuddly Koalas- Fantasy Flight- Spotty catapillar-Zebra- Flying Magpie-Tandem Snakes- Horny Rider- Elephants- Sheep Thrills- Yullundry Roo-Powerful Owl- Scrappy Pig- Rabbits- Angry Horse- Eagle- Emu- Mother & Son- Rough Rider- Turtle- Ram- Rex Rider- Fish – Free Wheeling- Winners grinners-

Please note: Letters will be written to sculpture owners in the Dubbo Shire asking them to re-vamp their sculptures and encourage more to be built along the trail.

Would be great - if Dubbo would come on board.

 

Maintenance includes:

Whipper snip and mow the area in and around the sculptures throughout the year as needed- Before school holidays and Easter/ Xmas

Repairs and general touch up’s to sculptures as required

Painting of sculptures as required

 

 

 

·   Create a face book page for AOB photos and information and promotion. The site is free and will be done by professional graphics volunteer for free of charge-  We also hope to re-vamp the Web site www.animalsonbikes.com.au

·   Access would be granted to 2-3 ppl who could upload information and comments on FB and send promotions throughout Australia and the world. Volunteer time

·   Cumnock Progress Produce a 20 page colour booklet outlying Molong- Cumnock Yeoval and AOB pictures with a brief description of Sculptures and sculptors. Selling for cost of production at this stage

·   Ask travellers to post their own photos of their AOB trip (on our Face book page) “Tell us a story of what you saw” - play eye spy

·   Animals on Bikes have already been documented on the Wiki camps app- for caravan and campers.. Stop over at Cumnock – Molong or Yeoval camp grounds for a night or two.

·   Dump sites available

 

BANNERS in MAIN ST CUMNOCK Promoting Animals on Bikes

Made from Steel - Double sided with info and Pictures.

ANIMALS

on BIKES

 WELCOME


ANIMALS

on BIKES

 WELCOME


ANIMALS

on BIKES

 WELCOME


Image result for banners on poles

 

ANIMALS

on BIKES

 WELCOME


ANIMALS

on BIKES

 WELCOME
 

 

 

 

 


                                                                                  

 

                                                                                                                                         4x 600 x 1500 Approx @ $250                                                                                                                                                                                               4 x steel Brackets approx@125

 

 

                                                                                                                                         

Time line and Budget for 3 years

Year (1)

1 x Road side (To be placed on private land or roadside) between Orange and Molong promoting AOB                                                                                                                                                                1,543.30

Bumper stickers (To be given to travellers to put on caravans /vehicles to help us promote AOB                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   1430.00

Paint for Sculptures                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  400.00

Maintenance & Repairs                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            1500.00

Painting Sculptures                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    1500.00

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                $6373.30

 

Year (2)

Road Side Sign (Wellington Side of Molong) promoting AOB                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        1543.30

Bill Board Sign (Placed at Caldwell’s Scrap) promoting LEFT TURN ahead for AOB                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 1034.00

Paint                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            250.00

Maintenance & Repairs                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            1500.00

Painting Sculptures                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    1300.00

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                $5627.30

                                                                                                                                                                            

Year (3)

Banners / signs (For Main Street of Cumnock- Beautification and information for AOB                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     $1500.00

Maintenance & Repairs                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          $1500.00

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                $3000.00

 

 

Total Balance for project = $15,000.60

 

 

 

 

 

 

Please Note: the graphics are just an idea and I am not very good at this type of thing.

Any adjustments or input is most welcome.

 

 

Sincerely



 

Rhonda Watt

Hon Sec

Cumnock Progress Assoc

 

 

 


Item 20 Ordinary Meeting 28 November 2017

Item 20 - Annexure 1

 

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Item 24 Ordinary Meeting 28 November 2017

Item 24 - Annexure 1

 

1.      DEVELOPMENT IN ACCORDANCE WITH PLANS

 

Objective

 

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

 

Performance

 

Development is to take place in accordance with the attached stamped plans (Ref: DA 2018/005), associated documentation prepared by Geolyse and dated August 2017 submitted with the application, and subject to the conditions below, to ensure the development is consistent with council’s consent.

 

NOTE:  Any alterations to the approved development application plans must be clearly identified with the application for a construction certificate. 

 

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

 

 

2.      ANNUAL EXTRACTION AND PRODUCTION RATE

 

Objective

 

To ensure the proposal operates in accordance with the proposed, assessed and determined proposal.

 

Performance

 

The proposed quarry extraction shall be limited to 15,000 tonnes per year.

 

 

3.      HOURS OF OPERATION

 

Objective

 

To ensure the proposal hours of operation are in accordance with the proposed, assessed and determined proposal.

 

Performance

 

Operational activities relating to the development must only be undertaken during the following hours:

 

Activity

Monday to Friday

Saturday

Sunday & Public Holidays

Extraction

7am – 6pm

8am – 3pm

No work

Loading and transportation

7am – 6pm

8am – 3pm

No work

 

The hours of operation specified above may be varied with written consent of Cabonne Council if it is satisfied that the amenity of surrounding properties in the locality will not be adversely affected.

 

 

4.      STATEMENT OF COMMITMENTS

 

Objective

 

To ensure the proposal operates in a manner not detrimental to the environment or locality.

 

Performance

 

The proposal shall comply with the Statement of Commitments provided by the proponent and referenced as ‘Attachment 3 – Statement of Commitments – Spring Hill Quarry’ prepared by Geolyse and dated 31 August 2017 as part of correspondence to council. (Copy attached).

 

 

5.      REHABILITATION OBJECTIVES AND COMMITMENTS

 

Objective

 

To ensure the proposal operates in a manner that is not detrimental to the environment or locality.

 

Performance

 

The proponent must rehabilitate the site to the satisfaction of council. Rehabilitation must be substantially consistent with the rehabilitation objectives described in the SoEE - Appendix A, and the objectives in the table below:

 

Rehabilitation Feature

Objective

Quarry site (as a whole of the disturbed land)

Safe, stable and non-polluting, fit for the purpose of the intended post quarry land use.

Rehabilitation materials

Materials (including topsoils) are appropriately managed, and used effectively as resources in the rehabilitation.

Landforms

Final landforms sustain the intended land use for the post-quarry land use.

Final landforms are consistent with and complement the topography of the surrounding area to minimise the visual prominence of the final landforms in the post quarry landscape.

Final landforms incorporate design relief patterns and principles consistent with natural drainage.

Water quality

Water retained on site is fit for the intended land use for the post quarry land use.

Native flora and fauna habitat

Species of native trees and vegetation complements local biodiversity

 

 

6.      PROGRESSIVE REHABILITATION

 

Objective

 

To ensure environmental management of the site.

 

Performance

 

The proponent shall carry out all surface disturbing activities in a manner that, as far is reasonably practicable, minimises potential for dust emissions and shall carry out rehabilitation of disturbed areas progressively, as soon as reasonably practicable, to the satisfaction of the Director Environmental Services, Cabonne Council.

 

 

7.      EROSION AND SEDIMENTATION CONTROL PLANS

 

Objective

 

To prevent sediment and erosion from leaving the site.

 

Performance

 

An overall erosion and sedimentation control plan is to be prepared for the site to a standard acceptable to council.

 

 

8.      ENTRANCE / EXIT POINTS

 

Objective

 

To ensure on-site traffic flows in the manner assessed by council.

 

Performance

 

Entrance / exit points are to be clearly signposted and visible from both the street and the site at all times.

 

 

9.      LOADING / UNLOADING

 

Objective

 

To ensure loading / unloading does not interfere with the amenity of the roadway.

 

Performance

 

All loading and unloading operations are to take place at all times wholly within the confines of the site.

 

 

10.    DUST SUPPRESSION

 

Objective

 

To ensure that dust does not become a nuisance to neighbouring properties or passing motorists.

 

Performance

 

The applicant will ensure to water down any nuisance dust that may arise from the use of the quarry of the private access road to its intersection with Spring Hill Road.

 

The applicant is responsible to water down all area within the development where nuisance dust may arise from the development caused by machinery and traffic movements. The quarry site supervisor is to alter or cease dust emitting activity should weather conditions direct dust to, and potentially impact, the closest residence.

 

 

11.    VEHICLE MANAGEMENT PLAN

 

Objective

 

To ensure that arrangements are made for all vehicles movements associated with the development.

 

Performance

 

The vehicle management plan is to detail all vehicle movements within the site including loading areas, truck parking/waiting areas, re-fueling zones and travel routes that are used during operation of the quarry. The Vehicle Management Plan shall be prepared by the applicant and then submitted for approval by Council.

 

All persons involved in the quarry operations shall be issued with a copy of the Vehicle Management Plan.

 

12. ADEQUATE ON-SITE TRUCK PARKING

 

Objective

 

To provide adequate on-site truck parking.

 

Performance

 

At all times of operation of the quarry there must be adequate truck parking available within the quarry site, with no trucks associated with the development queuing within the road reserve of Spring Hill Road, or the private access Right of Carriageway.

 

 

13. DRIVER CODE OF CONDUCT

 

Objective

 

In the interest of public safety.

 

Performance

 

The Driver’s Code of Conduct, outlined in the Statement of Commitments, must be implemented and abided to by all employees and contractors accessing the quarry site.

 

 

14.    RESPONSE TO COMPLAINTS

 

Objective

 

To ensure the impact of the development on the environment and surrounding properties is considered.

 

Performance

 

The proponent is required to provide a telephone complaints contact in accordance with the Statement of Commitments, for the purpose of receiving any complaints from members of the public in relation to activities conducted at the site, or by vehicles and plant associated with the site activity. The proponent must notify the public of the complaints telephone contact details so that the impacted community is aware of the service.

 

15.    ANNUAL REPORT

 

Objective

 

To respond to the public interest in identifying and mitigating environmental impacts associated with the development proceeding.

 

Performance

 

The proponent is required to submit to Cabonne Council on or before the 31 December yearly an Annual Report that includes (but is not limited to) the following:

 

(a) Total extraction volume for the year

(b) Total volume of material transported from the site for the year

(c)  A record of any complaints received, including time / date of complaint, details of the complaint, and any action to rectify the complaint

(d) Audit of the Operational Environmental Management Plan.

 

16.    BUILDING CONTROL

 

Objective

 

To ensure compliance with statutory provisions.

 

Performance

 

No building or structure may be erected without prior gaining the appropriate approvals or permits, unless the development is considered exempt development under SEPP (Exempt and Complying Development Codes) 2008 or SEPP (Infrastructure) 2007.

 

17.   USE OF PUBLIC ROADS

 

Objective

 

To satisfy the requirements of RMS for safe use of public roads.

 

Performance

 

(a) The proponent is to prepare and implement a code of conduct relating to transport of materials on public roads as part of the considerations under Clause 16(1) of State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007 (the SEPP). The code of conduct is to include:

 

·    Details of transportation hours and vehicle types pursuant to approval of the development application.

·    Procedure for the transport of hazardous materials.

·    Details of local school operating hours and in particular, student drop off/pick up times. Haulage operations during student drop off and pick up times is to be prohibited.

·    Requirement for drivers to operate vehicles in a safe, professional and courteous manner.

 

(b) Safe Intersection Sight Distance (SISD) requirements outlined in the Austroads Guide to Road Design Part 4A is to be provided and maintained at the vehicular access to the quarry from Spring Hill Road.’

 

18.    SCALE (GENERAL)

 

Objective

 

To ensure the scale of the activity does not increase beyond the scope of this approval without the further assessment of possible impact.

 

Performance

 

This approval enables the applicant to operate at a scale as submitted in the proposal.  Any increase in the scale of the activity as submitted, will require the further approval of Council.

ADVISORY NOTE

 

No advertising signage has been approved as part of this development consent. Any signage not complying with the exempt development provisions will require separate development consent.

 


Item 24 Ordinary Meeting 28 November 2017

Item 24 - Annexure 2

 

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Item 25 Ordinary Meeting 28 November 2017

Item 25 - Annexure 1

 

DRAFT CONDITIONS OF CONSENT

 

1.   DEVELOPMENT IN ACCORDANCE WITH PLANS

 

Objective

 

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

 

Performance

 

Development for the purpose of construction of a front boundary fence is to take place in accordance with the attached stamped plans (Ref: DA 2018/28) and documentation submitted with the application and subject to the conditions below, to ensure the development is consistent with Council’s consent. 

 

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

 

 

2.   BUILDING CODE OF AUSTRALIA 2016 – AUSTRALIAN STANDARDS

 

Objective

 

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

 

Performance

 

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

 

a)      complying with the Deemed to Satisfy Provisions; or

b)      formulating an Alternative Solution which: -

 

          i)       complies with the Performance Requirements; or

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

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

 

 

3.   VISUAL AMENITY

 

Objective

To retain the semi-rural character of the area and ensure visual amenity is maintained in accordance with DCP 6 - Rural Small Holdings.

 

Performance

Development Consent is not granted for retrospective approval of the unauthorized colorbond boundary fence installed along the western, northern and eastern boundaries of the subject land. In accordance with the subdivision approval for the land the side and rear perimeter fencing is to be reinstated as post and wire netting construction.

 


Item 27 Ordinary Meeting 28 November 2017

Item 27 - Annexure 1

 

1.   DEVELOPMENT IN ACCORDANCE WITH PLANS

 

Objective

 

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

 

Performance

 

Development is to take place in accordance with the attached stamped plans (Ref: DA 2018/6 proposed lot design and layout, unnumbered and undated) and documentation submitted with the application and subject to the conditions below, to ensure the development is consistent with Council’s consent. 

 

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

 

 

2.   LOT DESIGN AND PURPOSE

 

Objective

 

To ensure the subdivision proceeds in accordance with Council’s consent and that the purpose of the newly created Lots are clarified in the context of Cabonne Local Environmental Plan, 2012.

 

Performance

 

(a)        Surveying of the subject land will be generally in accordance with the attached draft plan of survey.

(b)        Proposed lots 1 to 4 have been approved under Clause 4.1(3) of the Cabonne Local Environmental Plan, 2012.

 

 

3.   APPLICATION FOR CERTIFICATION

 

Objective

 

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

 

Performance

 

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

 

AN ACCESS CONSTRUCTION CERTIFICATE to satisfy the requirements of Condition/s …

AN ACCESSCOMPLIANCE CERTIFICATE to satisfy the requirements of Condition/s….

SUBDIVISION CERTIFICATE to satisfy the requirements of Condition/s ….

 

 

4.   BUSH FIRE CONTRIBUTIONS (SUBDIVISION)

 

Objective

 

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

 

A copy of the Plan is available for inspection at Council’s Department of Environmental Services, Bank Street, Molong during business hours.

 

Performance

 

Prior to release of any Linen Plan from Council, the applicant is required to make a contribution of $2,843.370 to Cabonne Council towards the improvement of bushfire services and amenities for the Bowen Park Bushfire Brigade (Income No: 10002).

 

 

5.   ROAD IMPROVEMENT CONTRIBUTION (SUBDIVISION)

 

Objective

 

To make equitable contribution to address the impacts of development on Council roads.  The contribution has been levied to make improvements to the stated road in accordance with Council’s Road Contributions Plan dated April 2007, (General Rural Zone) or June 1993 (Rural Small Holdings Zone).

 

Performance

 

Prior to release of any Linen Plan from Council, the applicant is required to make a road improvement contribution of $38,376.90 to Cabonne Council towards the improvement to Paling Yards Loop (Income No: 20027).

 

 

6.   PROVISION OF RURAL ADDRESS NUMBER(S)

 

Objective

 

To provide each eligible rural property with a rural address number in accordance with Standard AS/NZS 4819:2011:Geographic Information – Rural and Urban addressing.

 

Performance

 

The location of each eligible access will be established and a number allocated based upon measurements taken by the Principal Certifying Authority which will be in accordance with Standard AS/NZS 4819:2011.

 

The applicant is to contact Council’s Environmental Services Department on 63923247 to obtain an application form and instructions.

 

 

7.   ERECTION OF RURAL ADDRESS NUMBER(S)

 

Objective

 

To ensure each eligible rural property has a suitably erected and clearly visible rural address number in accordance with Standard AS/NZS 4819:2011: Geographic Information – Rural and Urban Addressing.

 

Performance

 

The designated number plate(s) shall be obtained and erected in accordance with the Specifications for Erection of Rural Address Numbers as supplied by Council.  (Note: These plates are available from Council at the fee specified in Council’s Fees and Charges)

 

Written notification is to be provided to Council indicating rural addressing number(s) has/have been erected.  This letter is to be supplied to Council or Principal Certifying Authority PRIOR to release of any Linen Plan from Council.

 

 

8.   PROVISION OF POWER FOR SUBDIVISION

 

Objective

 

To ensure financial equity in providing adequate power supply for newly created Lots 1, 2 and 4.

 

Performance

 

Prior to release of any Linen Plan from Council, the applicant will submit a Compliance Certificate from the Electricity Authority indicating that adequate power supply would be available to proposed Lots 1, 2 and 4 shall it be required.

 

 

9.   LOCATION OF BUILDINGS

 

Objective

 

To ensure that new buildings are established within the most suitable sites on each lot, having regard to effluent disposal and other impediments to building.

 

Performance

 

The Linen Plan will indicate a building envelope within Lots 1, 2 and 4 following  an appropriate assessment of the subject land for building suitability. A Restriction as to User pursuant to Section 88B of the Conveyancing Act is to be prepared restricting the establishment of buildings outside such building envelopes.

 

 

10. PROVISION OF PRIVATE ACCESS

 

Objective

 

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

 

Performance

 

Access must be provided to all proposed lots in accordance with Councils’ Provision of Private Access Specification that is current at the time of application.

 

An Access Construction Certificate must be obtained prior to commencement of construction of any access or accesses to the property from the adjoining road.

 

A joint inspection with the Principal Certifying Authority is to be held prior to commencing construction of the access(es).  Please telephone Council’s Development Engineer on 6392 3271 to arrange a suitable date and time for the inspection.

 

An Access Compliance Certificate for the access(es) must be issued by Council PRIOR to release of any Linen Plan from Council.

 

 

11. REMOVAL OF VEGETATION

 

Objective

 

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

 

Performance

 

The applicant is required to remove, at his/her full cost, vegetation on the west and east side of the access points to Lots 1 and 2 to achieve a safe sight distance of 250 metres stipulated in the RMS Guidelines for Safe Intersection Sight Distances.

 

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

 

 

12. ROAD IMPROVEMENT WORKS

 

Objective

 

To undertake road works to address the impacts of the development on Council’s road system.

 

Performance

 

The applicant shall, at his/her full cost, upgrade the unformed section of Council road reserve that provides access to Lots 3 and 4 (approx.. 1.5km’s) from its intersection with Paling Yards Loop to the proposed access of Lots 3 and 4.  The upgrade is to be of a Rural Class 3 Level 1 (4m gravel) standard and strictly in accordance with the “Cabonne Council Engineering Specifications for Subdivision and Development (Edition 1).

 

 

13. INTERSECTION DESIGN / PROVISION

 

Objective

 

To ensure road safety accounted for in the design and development.

 

Performance

 

The applicant is required to construct the intersection of Paling Yards Loop with the unformed section of Council road reserve which provides access to Lots 3 and 4. The intersection is to be constructed in accordance with AUSTROADS 2017 Part 4A: Unsignalised and Signalised Intersections and any relevant RMS supplements. Details to be provided to the satisfaction of the Certifying Authority BEFORE THE ISSUE OF A CONSTRUCTION CERTIFICATE FOR THE DEVELOPMENT.

 

Relevant work to be completed to the satisfaction of the Director of Environmental Services’ nominee BEFORE THE ISSUE OF A SUBDIVISION CERTIFICATE.

 

 

14. ENGINEERING DESIGN

 

Objective

 

To ensure design works are undertaken by a suitably qualified person.

 

Performance

 

All engineering works to be designed by a competent person (eg. Professional Engineer) and carried out in accordance with Council’s Codes and Development Control Plans (Policy ES16), unless otherwise indicated, to ensure that these works are of a sustainable and safe standard

 

 

15. TRAFFIC AND PEDESTRIAN MANAGEMENT PLAN

 

Objective

 

To ensure that any traffic or pedestrian movement through or past the work site is safe.

 

Performance

 

The applicant is to prepare and implement a Traffic Management Plan that provides necessary direction to traffic or pedestrian movement through or past the work site.  The Traffic Management Plan is to be prepared by a suitably qualified person in accordance with the provisions of the relevant Australian Standards and is to be submitted to Council for approval PRIOR to its implementation.

 

 

16. ROAD NAMING

 

Objective

 

To name roads.

 

Performance

 

Developer suggestions for the names of new road(s) together with the reasons for the names proposed, should be submitted BEFORE ISSUE OF THE SUBDIVISION CERTIFICATE FOR THE DEVELOPMENT, for Council’s adoption.  Council favours names with historical, zoological, botanical or geographic association with the locality. Council can provide advice on appropriate names on request.

 

 

17. RURAL FIRE SERVICE CONDITIONS

 

Objective

 

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

 

Performance

 

Asset Protection Zones

The intent of measures is to provide sufficient space and maintain reduced fuel loads so as to ensure radiant heat levels of buildings are below critical limits and to prevent direct flame contact with a building. To achieve this, the following conditions shall apply:

1.   At the issue of subdivision certificate and in perpetuity, the land surrounding the existing dwellings on proposed Lots 4 & 5 to a distance of 10 metres or to the boundary shall be maintained as an inner protection area (IPA) as outlined within section 4.1.3 and Appendix 5 of 'Planning for Bush Fire Protection 2006' and the NSW Rural Fire Service's document 'Standards for asset protection zones'.

Water and Utilities

The intent of measures is to provide adequate services of water for the protection of buildings during and after the passage of a bush fire, and to locate gas and electricity so as not to contribute to the risk of fire to a building. To achieve this, the following conditions shall apply:

1.       Water, electricity and gas are to comply with the following requirements of section 4.1.3 of 'Planning for Bush Fire Protection 2006'.

●  A hardened ground surface for truck access is to be supplied up to and within 4 metres of the water source.

●  An 'SWS' marker shall be obtained from the local NSW Rural Fire Service and positioned for ease of identification by brigade personnel and other users of the SWS. In this regard:

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

b) Markers should be positioned adjacent to the most appropriate access for the static water supply.

Access

The intent of measures for property access is to provide safe access to/from the public road system for fire fighters providing property protection during a bush fire and for occupants faced with evacuation. To achieve this, the following conditions shall apply:

3. Property access roads shall comply with the following requirements of section

4.1.3 (2) of 'Planning for Bush Fire Protection 2006'.

●  Bridges clearly indicate load rating and pavements and bridges are capable of carrying a load of 15 tonnes.

●  Roads do not traverse a wetland or other land potentially subject to periodic inundation (other than a flood or storm surge).

●  A minimum carriageway width of 4 metres for ruralresidential areas, rural landholdings or urban areas with a distance of greater than 70 metres from the nearest hydrant point to the most external part of a proposed building (or footprint).

●  Any carriageway constriction along the property access road shall be no less than 3.5 metres in width and for a distance of no greater than 30m.

●  A minimum vertical clearance of 4 metres to any overhanging obstruction, including tree branches.

●  Curves have a minimum inner radius of 6 metres and are minimal in number to allow for rapid access and egress.

●  The minimum distance between the inner and outer curves is 6 metres.

●  The crossfall is not to exceed 10 degrees.

●  Maximum grades for sealed roads do not exceed 15 degrees and not more then 10 degrees for unsealed roads.

Design and Construction

The intent of measures is that buildings are designed and constructed to withstand the potential impacts of bush fire attack. To achieve this, the following conditions shall apply:


Item 27 Ordinary Meeting 28 November 2017

Item 27 - Annexure 1

 

2.       The existing dwellings on proposed Lots 4 & 5 are required to be upgraded to improve ember protection. This is to be achieved by enclosing all openings (excluding roof tile spaces) or covering openings with a non-corrosive metal screen mesh with a maximum aperture of 2mm. Where applicable, this includes any sub floor areas, openable windows, vents, weepholes and eaves. External doors are to be fitted with draft excluders.

General Advice consent authority to note

This approval is for the subdivision of the land only. Any further development application for class 1,2 & 3 buildings as identified by the 'Building Code of Australia' must be subject to separate application under section 79BA of the EP & A Act and address the requirements of 'Planning for Bush Fire Protection 2006'.

 


GENERAL MANAGER’S REPORT ON MATTERS FOR NOTATION SUBMITTED TO THE Ordinary Council Meeting TO BE HELD ON Tuesday 28 November, 2017

Page 1

TABLE OF CONTENTS

 

 

 

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

ITEM 2      INVESTMENT SUMMARY................................................................... 1

ITEM 3      RESOLUTIONS REGISTER - INFOCOUNCIL - ACTIONS REPORTING    1

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

ITEM 5      COUNCILLOR WORKSHOP 17 OCTOBER 2017.......................... 1

ITEM 6      REAPPOINTMENT OF LOCAL SES CONTROLLERS.................. 1

ITEM 7      CABONNE COMMUNITY TRANSPORT........................................... 1

ITEM 8      CABONNE HOME & COMMUNITY CARE....................................... 1

ITEM 9      CABONNE BLAYNEY FAMILY DAY CARE.................................... 1

ITEM 10    STRONGER COUNTRY COMMUNITIES FUND............................. 1

ITEM 11    2017 CABONNE DAROO BUSINESS AWARDS............................ 1

ITEM 12    ECONOMIC DEVELOPMENT ACTIVITIES REPORT.................... 1

ITEM 13    ENGINEERING AND TECHNICAL SERVICES UPDATE REPORT   1

ITEM 14    REGIONAL STATE OF ENVIRONMENT REPORT 2016-17........ 1

ITEM 15    COUNCILLOR REQUEST - REZONING OF LAND AT CANOWINDRA      1

ITEM 16    HERITAGE ADVISOR'S REPORT..................................................... 1

ITEM 17    DEVELOPMENT APPLICATIONS RECEIVED DURING OCTOBER 2017 1

ITEM 18    DEVELOPMENT APPLICATIONS APPROVED DURING OCTOBER 2017         1

ITEM 19    MEDIAN PROCESSING TIMES 2017................................................ 1

ITEM 20    BURIAL STATISTICS........................................................................... 1  

 

ANNEXURE ITEMS

 

ANNEXURE 1.1    Rates graph October 2017......................................... 1

ANNEXURE 2.1    Investment Summary October 2017...................... 1

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

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

ANNEXURE 5.1    Councillor Workshop Minutes - 17 October 2017        1

ANNEXURE 12.1  TASAC Canowindra Approval Letter.................. 1

ANNEXURE 14.1  Regional State of the Environment Report - Snapshot  1

ANNEXURE 16.1  Heritage Advisors Report November 2017...... 1 

 


 

 

ITEM 1 - RATES SUMMARY

REPORT IN BRIEF

 

Reason For Report

Information provided in relation to Council's Rates collections.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.4.a - Level of rate of collection

Annexures

1.  Rates graph October 2017    

File Number

\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\FINANCIAL REPORTING\FINANCIAL REPORTS TO COUNCIL - 875659

 

Senior Rates Officer's REPORT

 

Rate Collection Summary to 31 October 2017 is attached for Council’s information.  The percentage collected is 39.7%, which is comparable to previous years.

 

The due date for the second instalment is 30 November 2017.

 

 

ITEM 2 - INVESTMENT SUMMARY

REPORT IN BRIEF

 

Reason For Report

To provide Council information in relation to Council's investments

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.4.b Maximise secure income through investments

Annexures

1.  Investment Summary October 2017    

File Number

\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\FINANCIAL REPORTING\FINANCIAL REPORTS TO COUNCIL - 875178

 

Senior Accounting Officer's REPORT

 

Council’s investments as at 31 October 2017 stand at a total of $43,847,549.

 

Council’s average interest rate for the month was 2.44%.   The effect of the low cash rate is having a negative impact on term deposit rates offered by financial institutions.  The Reserve Bank’s official cash rate remained steady at 1.50% during the month of October, however Council’s average rate is higher than Council’s benchmark rate of the 30 Day Bank Bill Swap Rate of 1.60%. 

 

Council’s investments are held with multiple Australian financial institutions with varying credit ratings according to Council’s Investment Policy.  The annexure to this report shows a break up of each individual institution that Council invests with and its “Standard and Poor’s” Credit Rating.

 

The Schedule of Investments for October 2017 is attached for Council’s information.

 

 

ITEM 3 - RESOLUTIONS REGISTER - INFOCOUNCIL - ACTIONS REPORTING

REPORT IN BRIEF

 

Reason For Report

To provide Council with a report on progress made in actioning its resolutions up to last month's Council meeting and any committee meetings held.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

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

Annexures

1.  Traffic Light Report Summary

2.  Council    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\RESOLUTION REGISTER - 874322

 

General Manager's REPORT

 

InfoCouncil generated reports are annexed including actions up to the previous month’s meetings resolutions.

 

Progress comments are provided until the final action comment which will also show “COMPLETE”: that item will then be removed from the register once resolved by the council.

 

Attached also is the “traffic light” indicator system that enables the council to identify potential areas of concern at a glance.

 

Councillors should raise any issues directly with the directors as per the mayor’s request.

 

 

ITEM 4 - COMMUNITY FACILITATION FUND

REPORT IN BRIEF

 

Reason For Report

To report on approved expenditure under the Community Facilitation Fund (CFF).

Policy Implications

Nil

Budget Implications

Within existing budget allocation

IPR Linkage

3.3.5.a. Review community need for new and upgraded facilities

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GRANTS AND SUBSIDIES\PROGRAMS\COMMUNITY FACILITATION FUND - 874220

 

General Manager's REPORT

 

Council adopted guidelines for the Community Facilitation Fund (CFF) in March 2015.  The CFF was created for smaller community projects not originally included in the council’s budget, to be allocated at the discretion of the Mayor and Deputy Mayor.

 

As a reminder, the guidelines for the CFF are as follows:

 

1.   Projects where no existing vote for the works has been allocated or the vote is insufficient to complete the project.

 

2.   Recipients must be community based not-for-profit groups.

 

3.   Mayor and Deputy Mayor to jointly approve funds (with the General Manager as proxy if one is not available).

 

4.   Allocation of funds to be reported to the next available council meeting.

 

5.   Limit of $3,000 per allocation unless other approved by council.

 

The following allocation of funds were made in the past month.

 

Raising for the Read Triplets Trust

Construction of driveway

$6,250

         

         

 

ITEM 5 - COUNCILLOR WORKSHOP 17 OCTOBER 2017

REPORT IN BRIEF

 

Reason For Report

Noting of the minutes from the Councillor Workshop

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.6.c - Provide regular opportunities for management to meet and discuss contemporary issues

Annexures

1.  Councillor Workshop Minutes - 17 October 2017    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\WORKSHOPS - 876235

 

General Manager's REPORT

 

A councillor workshop was held on 17 October 2017 regarding various issues,  A copy of the minutes from the workshop is attached.

 

 

 

ITEM 6 - REAPPOINTMENT OF LOCAL SES CONTROLLERS

REPORT IN BRIEF

 

Reason For Report

State Emergency Services (SES) seeks council's support in the reappointment of local controllers for the Cabonne area.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

5.6.2.b. Actively maintain support of the State Emergency Services

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\EMERGENCY SERVICES\SERVICE PROVISION\STATE EMERGENCY SERVICE - SES - 875758

 

General Manager's REPORT

 

Reappointment of all volunteer NSW State Emergency Service Controllers across the State are renewed every two years.  All NSW SES controllers are appointed by the Commissioner of the NSW SES upon the recommendation of relevant Council and Regional Controller.

 

The Regional Controller has recently carried out a “Volunteer Controller Performance Review” on the current Local Controller for Cabonne, Ms Sue Condon, the Unit Controller for the Eugowra Unit, Mr Greg Agustin, Unit Controller for Canowindra, Mr Cameron McKenzie and the Unit Controller for the Molong Unit, Mr Mark Tiernan and has advised council of their re-appointment.

 

 

ITEM 7 - CABONNE COMMUNITY TRANSPORT

REPORT IN BRIEF

 

Reason For Report

Provide update of Service for councillors

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

3.2.1.b Facilitate retirement and aged care projects and services

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\COMMUNITY SERVICES\SERVICE PROVISION\COMMUNITY TRANSPORT - 877049

 

Community Transport Coordinator's REPORT

 

Cabonne Community Transport receives four types of funding, with all four being administered by Transport for NSW.

 

Commonwealth Home Support Program (CHSP) funding is provided by Department of Ageing, Disabilities and Home Care for frail aged clients, clients who have mild, severer or profound disabilities and their carers. This system is to help older people stay independent and in their homes and communities for as long as possible. CHSP transport is provided for medical, social and shopping. CHSP clients must be accessed through My Aged Care. This is for all clients over the age of 65.

 

Community Care Supports Program (CCSP) funding is provided to support services for younger people under 65 with disabilities and their carers to be more independent at home and in the community thereby enhancing their quality of life. CCSP transport is provided for medical, shopping and social outings. This funding ceases from 30 June 2018 and becomes part of their NDIS package.

 

Community Transport Program (CTP) funding is received for transport-disadvantaged clients.  This projects funds the community buses, social bus trips and volunteer transport for disadvantaged clients who may not fit into the other categories.

 

Health Related Transport (HRT), funding is provided by Western NSW Local Health District and administered through Transport for NSW.  This funding is provided to transport clients who are transport disadvantaged to attend medical specific appointments and must be referred by the medical sector.

 

Cabonne Community Transport has 16 active volunteers throughout the shire. Without the commitment and passion the volunteers provide, the service would not be able to deliver such a valuable service to our residents of Cabonne.

 

In the last financial year, 2016/2017 Cabonne Community Transport has provided the following

 

·    CHSP Funding

o Social Trips                                                  2,764

o Shopping Trips                                              792

o Hospital Trips                                                184

o GP/Specialist Trips                                      693

o TOTAL                                                         4,433

 

·    CCSP Funding

o Day Care Trips                                               64

o Social Trips                                                     26

o Shopping Trips                                               18

o Hospital Trips                                                 24

o GP/Specialist Trips                                        62

o TOTAL                                                           194

 

·    HRT Funding

o Hospital Trips                                                 100

o GP/Specialist Trips                                       186

o TOTAL                                                         286

 

·    CTP Funding

o Social Trips                                                 1,959

o Shopping Trips                                           1,955

o Hospital Trips                                                     6

o GP/Specialist Trips                                          14

o TOTAL                                                        3,934

 

 

·    TOTAL INDIVIDUAL CLIENTS                                             188

 

·    TOTAL NUMBER OF TRIPS FOR THE YEAR              8,847

 

·    TOTAL VOLUNTEER HOURS                                        4,390

 

·    TOTAL KILOMETRES TRAVELLED                        115,997

 

Cabonne Community Transport brokers buses to transport clients from Eugowra, Canowindra, and Cargo on a monthly basis and Manildra, Cudal, Yeoval and Cumnock on a fortnightly basis.

 

Cabonne Community Transport provide transport for gentle exercise classes in Canowindra twice a week, monthly Golden Oldies and Happy Wanderers Bus trips in Canowindra and provide taxi vouchers to CHSP clients in Canowindra for local transport options as well.

 

Social trips are popular and affordable to senior residents. This year trips have been to:-

 

·    Footloose theatre production in Parkes

·    Molong Players annual production

·    Aladdin theatre production in Sydney

·    Hunter Valley Gardens Christmas Light Display

·    Chitty Chitty Bang Bang production in Parkes

·    11 day trek to Longreach Queensland

 

Clients love these trips and over the years we have been to many places around NSW. In January 2016 clients travelled to Tasmania for 12 days. Clients state that if it were not for these trips they would never have seen the places and it is very rewarding.

 

Cabonne Community Transport is a fantastic service and would not be what it is today without the enormous efforts of our volunteer drivers. The coordinator cannot thank them enough for their dedication and commitment.

 

 

ITEM 8 - CABONNE HOME & COMMUNITY CARE

REPORT IN BRIEF

 

Reason For Report

Progress report to councillors

Policy Implications

NIL

Budget Implications

NIL

IPR Linkage

3.2.1.b Facilitate retirement and aged care projects and services

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\COMMUNITY SERVICES\SERVICE PROVISION\HOME AND COMMUNITY CARE - NEIGHBOUR AID - 877362

 

Community Services Manager's REPORT

 

Cabonne Council receives Commonwealth Home Support Program (CHSP) funding through the Department of Social services to deliver a range of HACC services. The CHSP is dedicated to providing high quality services to support the needs of the frail, over 65s within the community, who require assistance with daily living to maintain their independent lifestyle.

 

These services focus on maximising the client’s independence by building on their strengths, capacity and goals to remain independent and safe at home. This support aids to delay, or avoid, the need for more complex forms of aged care.

 

HACC provides all clients and volunteers with a bi-monthly newsletter to enable and encourage them to participate in all areas of the service provision.  There are currently 229 clients receiving various levels of support through this program.

 

New CHSP clients must be assessed by My Aged Care as being eligible to receive services. Prospective clients may refer themselves, or can be referred by family, friends, GP, service providers or medical staff.

 

In the last financial year, 2016/2017 Cabonne HACC has provided the following to clients:

 

·    Social Support                                     8,393 hours

·    Meals                                                     12, 866 units

·    Home Maintenance                            646 hours

 

In November 2017, Canowindra Meals on Wheels are celebrating 50 years of service with a High Tea. During this event a number of volunteers will be honoured with long standing years of service awards.

 

In December 2017, HACC itself will be celebrating 25 years of service with a morning tea planned to celebrate this event.

 

MEALS ON WHEELS

Meals on Wheels delivers healthy meals to client’s homes five days per week. Hot meals are delivered in Canowindra, Eugowra and Yeoval. Frozen meals allows the client to choose from a large selection of meals and have them either home delivered, or collected from the HACC office.

 

COMMUNITY RESTAURANTS

Clients are given the opportunity to dine out as a group at different locations throughout the district. These group outings bring seniors together from across the Cabonne Shire for a fun and social day out.

 

SOCIAL SUPPORT

Social Support has a wide range of services available to users. These services are adaptable to the individual and are able to be delivered in a group setting or on a one-on-one basis. Services offered include:

 

·    Bus trips to local places of interest

·    Overnight trips

·    Movie days

·    Craft groups

·    Men’s group

·    Telephone Support

·    Assisted shopping

·    Home and hospital visiting

·    Learning opportunities

·    Reading and/or writing assistance

·    Posting / collecting mail

·    Library book collection and delivery

 

HACC also combines with Cabonne Community Transport for both day trips and overnight trips.

 

HOME MAINTENANCE

HACC offers a subsidised voucher service to clients, which assists with having their lawns and gardens maintained. At present we have nine approved contractors who assist.

 

One off subsidised services are offered throughout the year. This includes window wash, rose pruning and gutter clean.

 

VOLUNTEERS

 

Most of the services available and the variety of service types offered are only possible because of the many people who give their time, energy and commitment to volunteer for HACC. Volunteers are offered ongoing support, information and training. Currently there are 120 volunteers assisting with service delivery to 229 clients.

 

COMMUNITY VISITORS SCHEME

The Community Visitors Scheme (CVS) is an Australia Government funded program to promote links between those living in Residential Aged Care and volunteer visitors.

 

Residents in aged care facilities may have limited or no contact with family and friends. The CVS originated to overcome the isolation that is felt by some residents.

 

A community visitor is a person who sets aside time to visit and befriend an aged person in residential care. 

 

 

ITEM 9 - CABONNE BLAYNEY FAMILY DAY CARE

REPORT IN BRIEF

 

Reason For Report

To provide councillors with an update on the Cabonne Blayney Family Day Care service

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

3.1.1.b Implement the Family Day Care Program

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\COMMUNITY SERVICES\SERVICE PROVISION\FAMILY DAY CARE - FAMILIES AND CARERS - 877152

 

Family Day Care Coordinator's REPORT

 

Cabonne/Blayney Family Day Care (CBFDC) has been providing high quality care at an affordable cost to families for over 25 years. The service provides home based care for children between 0 to 13 years of age in a number of locations in the Cabonne Local Government Area, and also the communities of Orange and Parkes.

 

CBFDC provides full time, part time, before and after school care, casual, occasional care, extended hours, overnight care, weekend care and 24 hour care to approximately 259 children, the demand for this service is evident given the current waiting list of 110 children across these townships.

 

At present, the service has 24 registered educators and 2 prospective educators. The service is currently transitioning to a sustainability plan with the aim being to increase the number of registered educators from 24 to 30. Recruiting more educators will benefit the community and support the workforce participation, thus boosting the local economy.

 

Under changes to the Community Support Programme announced in the Federal Budget, the CBFDC funding agreement of $107,147.00 with the Department of Education will cease on 30 June 2018. The service will need to reapply for funding under the new eligibility criteria. As with the majority of family day care services throughout Australia, CBFDC will find it difficult to be deemed eligible for CCCF.

 

This presents a significant barrier to maintain affordable care to our communities and the risks of many educators leaving the service. If not successful in attaining CCCF, the service will face a deficit of around $107,000 to its operation.

 

CBFDC is a provider for In Home Care (IHC) Service to two families. IHC is a flexible form of childcare designed to accommodate the needs of families unable to access mainstream childcare. Families and educators need to meet the eligibility criteria, and if successful, the educator will care for the children in their own family home. We have two educators currently registered for this service.

 

Educators are required to comply with the National Early Years Learning Framework, Education and Care Services National Law (2010), and the National Regulations (2011). The coordination unit conducts spot check visits to all educators every 4 – 6 weeks. The service ensures the educators are complying with the legislations, policies and monitors and supports educators through communication either verbally or non-verbally.

 

The educators are qualified professionals, as the coordination unit ensures the educators are up to date and have completed their first aid certificates, child protection course, working with children’s checks, criminal checks and has completed or is actively working towards a Certificate III in Children’s Services or a qualification that is higher.

 

Playgroups are held fortnightly at Molong and community members are invited to participate. The service visits Prunus Lodge with the educators, the children and community members. Once a month CBFDC invites the educators and community members to the Molong library for a library session and parents group. The parents group is aimed at parents with children between 0-5 years with the District Health Nurse from HealthOne conducting informative programs to those attnding.

 

ITEM 10 - STRONGER COUNTRY COMMUNITIES FUND

REPORT IN BRIEF

 

Reason For Report

To inform Council of updates to Cabonne's Stronger Country Communities Fund application.

Policy Implications

Nil

Budget Implications

Possible income of $245,000 in first round of 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\ECONOMIC DEVELOPMENT\REPORTING\COUNCIL REPORTS - 878116

 

Community Engagement and Development Manager's REPORT

 

With both the Molong Early Learning Centre and Cudal Community Children’s Centre recently receiving funding under the NSW Government’s Start Strong Capital Works Grant Program, both projects have now been withdrawn from Council’s Stronger Country Communities Fund application.

 

Molong Early Learning Centre received $250,909 under the Strong Start program and Cudal Community Children’s Centre received $247,500.

 

The preschools sought funding under both Strong Start and Stronger Country Communities Fund to undertake extensions to double their capacity.

 

At the time of lodging Council’s application for the first round of the Stronger Country Communities Fund, neither preschool had received an indication of the outcome of their earlier applications.

 

When the Start Strong funding was announced, Council sought clarification from the Department of Premier and Cabinet on whether it could submit a revised application after the closing date, but was advised to withdraw the two preschool projects from its Stronger Country Communities Fund application.

 

Council had been allocated $816,000 in the initial round of Stronger Country Communities funding. With the preschools projects withdrawn, Cabonne now will be allocated $1,413,000 for its second round application.

 

The Department also agreed to move Cabonne forward from Tranche C to Tranche A for the next round of funding which should open in the first quarter of 2018.

 

Council’s first round application now consists of the construction of a Shared Mobility Access Pathway at Mullion Creek ($105,000) and Shared Access Mobility Pathways at Manildra and Cudal ($145,000).

 

Although the Strong Start funding is very welcome news for both preschools and the Molong and Cudal communities, it is disappointing that the outcomes of the Strong Start program were not announced prior to the closing date of the Stronger Country Communities Fund.

 

This would have allowed Council to revise its application to encompass the allocated amount of $816,000.

 

Council’s Community Engagement and Development section is now preparing to call for community submissions for projects to be considered in the second round of funding.

 

The aim is to give community organisations enough notice to ensure the proposals meet the program’s guidelines, in particular those relating to shovel readiness.

 

ITEM 11 - 2017 CABONNE DAROO BUSINESS AWARDS

REPORT IN BRIEF

 

Reason For Report

To inform Council of the outcome of the 2017 Cabonne Daroo Business Awards

Policy Implications

Nil

Budget Implications

$13,900 allocated in Economic Affairs section of Council's 2017-18 Budget

IPR Linkage

2.1.1.b Implement CBD promotional activities and works in consultation with businesses and progress associations

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\ECONOMIC DEVELOPMENT\REPORTING\COUNCIL REPORTS - 878195

 

Community Engagement and Development Manager's REPORT

 

The 2017 Cabonne Daroo Business Awards, presented at a dinner at Yeoval Memorial Hall on 3 November 2017, were among the most successful in the 18-year history of the event.

 

A record crowd of more than 240 people attended the presentation dinner while a record 161 finalists vied for awards across 17 categories.

 

SPAR Supermarket at Molong has been named the Best Business in Cabonne beat the largest field of finalists in the history of the Daroos. Representing owners Peter Crich and Patrick Brennan, the supermarket’s manager Debbie Gant accepted the trophy from Mayor Kevin Beatty and the NSW Government’s Executive Director of Regional Development Jane Spring, who was the special guest speaker.

 

Other guests included Federal Member for Calare Andrew Gee and State Member for Orange Philip Donato.

 

Belinda Thurtell from accountancy firm Yates Baker McLean was named Employee of the Year while the Apprentice/Trainee of the Year award went to Tara Walker, from Cudal Community Children’s Centre.

 

Voting in a number of categories was also the closest on record, with two highly commended trophies being presented in several categories for the first time. In one category only one vote separated the three top finalists.

 

For the first time, the awards included a category for businesses which fostered disability inclusion.

 

The full list of 2017 Cabonne Daroo Business Award winners is as follows:

 

Best New Business

·    Timber Tales - Winner

·    MBC Molong  Highly Commended

·    Studio 1991– Highly Commended

Best Ongoing Business

·    Cargo Store - Winner

·    Eugowra Newsagency & Supermarket – Highly Commended

Best Home-Based Business

·    Greenwood Designs - Winner

·    Leanne Pearce Dogwash – Highly Commended

Excellence in Hospitality

·    Molong Bakery - Winner

Excellence in Accommodation

·    Old School House Molong - Winner

Excellence in Marketing, Advertising & Communication

·    Canowindra Phoenix - Winner

Excellence in Tourism

·    Adloyalty Discover the Riches Campaign - Winner

·    Coco Harvest – Highly Commended

Excellence in Environmental Enhancement

·    Heifer Station Wines - Winner

Excellence in Sustainable Agriculture

·    Ag N Vet Cumnock - Winner

·    Rosnay Organics – Highly Commended

Excellence in Service Operations – Small Entity

·    Cumnock General Store – Winner

·    Clearwater Tanks - Highly Commended

Excellence in Service Operations – Large Entity

·    MSM Milling -Winner

·    Molong Health One – Highly Commended

·    Molong Pharmacy – Highly Commended

Contribution to Cabonne – Community Organisation

·    Long White Lunch - Winner

·    UPA Yeoval – Highly Commended

Contribution to Cabonne – Business

·    Canowindra Balloon Challenge - Winner

·    Ag N Vet Yeoval – Highly Commended

Business Fostering Disability Inclusion

·    Fencing 1 - Winner

Employee of the Year

·    Belinda Thurtell, YBM - Winner

Apprentice / Trainee of the Year

·    Tara Walker, Cudal Community Children’s Centre - Winner

Best Business in Cabonne

·    SPAR Supermarket Molong - Winner

 

ITEM 12 - ECONOMIC DEVELOPMENT ACTIVITIES REPORT

REPORT IN BRIEF

 

Reason For Report

To update councillors on economic development activities undertaken by Council's Community Engagement and Development unit.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

2.1.1.a - Develop a current Economic Development Plan for Cabonne

Annexures

1.  TASAC Canowindra Approval Letter    

File Number

\OFFICIAL RECORDS LIBRARY\ECONOMIC DEVELOPMENT\REPORTING\COUNCIL REPORTS - 878511

 

Community Engagement and Development Manager's REPORT

 

What’s On In Cabonne Newsletter

TP Action 2.1.1, 3.1.2

 

The Cabonne ‘What’s On’ newsletter for November has not been compiled to report promotional activities for this Council report.

 

Upcoming Events

 

Upcoming events in the Cabonne LGA include:

 

·    Canowindra Domestic Violence White Ribbon Day March 24 November 2017

·    Cargo Village Markets  16 December 2017

·    Manildra Christmas Party 13 December 2017

 

Cabonne businesses will also be represented at:

a)   Wine Heroes, Barangaroo, 26 November 2017

b)   Lane Cove Food and Wine Festival, 5 November 2017

 

Community Group Development

EDS Objective 9.4

 

The ED&T Team has administered the following enquires and/or met with:

 

a)   Age of Fishes Museum – ongoing support

b)   Central NSW Tourism

c)   Brand Orange

d)   TASAC

e)   Campervan & Motorhome Club of Australia –RV Friendly Towns.

f)    Orange Regional Viticulture Organisation

g)   CENTROC

h)  Eugowra Progress Association

i)    Molong Real Estate

j)    MAG Molong liaison

k)   Cumnock Progress Association

l)    Yeoval Progress Association

m)  Regional Tourism Organisation Sub- Committee

n)  Cudal Community Children’s Centre

o)   Cumnock Progress Association

 

Canowindra Historic Town Signs

 

Cabonne Council has received a letter from Tourist Attraction Signposting Assessment Committee (TASAC) advising of the success of eligibility of Council’s application for new signposting of Canowindra’s Historic Main Street.  Letter attached.

 

Council’s Community Development & Tourism Coordinator met with Roads and Maritime Services, Marty Cassell to confirm signposting site locations and the number of signs required for this task.  The design of the signs are confirmed and the installation of Canowindra’s Historic Main Street signs is prioritised and underway.

 

Australian National Field Days

 

The Australian National Field Days (ANFD) held on the 26-28 October 2017.

 

There were it total 14 Cabonne operators and businesses who participated in the ‘Made in Cabonne’ pavilion over the three-day event. The Australian National Field Days management team recorded a total 532 exhibitors and over 19,000 people through the gates with the best day’s attendance recorded on Saturday.

 

In summary Cabonne operators stated that they were very happy with the public interest displayed and the promotional opportunity provided through the pavilion that works toward raising their profile and selling their products and services. The exhibitors expressed a keen interest to participate in next year’s ANFD in 2018.

 

Cabonne Mayor presented and awarded the trophies for the Best Local Exhibit and Best Agricultural Exhibit.  The Best Local Exhibit was awarded to Aussie Fire Buckets John Den was who also an exhibitor in the ‘Made in Cabonne’ pavilion.

 

Yeoval Showground RV Dump Point

 

The Yeoval RV dump point installation will be completed shortly.

 

This will bring to five the number of RV dump points located within the shire to provide services for tourists travelling in recreational vehicles. These facilities help to attract visitors to our area, boosting the economic growth of Cabonne towns and villages and ensuring we are environmentally sustainable.

 

Business Inquiries & Development

EDS Objective 10.7, 9.2

 

Council has administered the following enquires and/or met with:

 

a)   Brand Orange.

b)   CENTROC.

c)   Destination NSW

d)   Orange City Council.

e)   Canobolas Area Command Police

f)    Adloyalty

g)   Blayney Council

h)  Central NSW Business HQ

i)    Australian National Field Days

j)    Age of Fishes Museum.

k)   Yeoval Progress Association.

l)    Central NSW Tourism.

m)  Regional Life Publishing Group

n)  Industry NSW

o)   Regional Development Australia

p)   Central West Lifestyle Magazine

q)   Office of Regional Development

 

 

ITEM 13 - ENGINEERING AND TECHNICAL SERVICES UPDATE REPORT

REPORT IN BRIEF

 

Reason For Report

To update council on works progress in the Engineering and Technical Services Department.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

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

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\REPORTING\ENGINEERING AND TECHNICAL SERVICES REPORTING - 876230

 

Director of Engineering & Technical Services' REPORT

 

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

 

ITEM 14 - REGIONAL STATE OF ENVIRONMENT REPORT 2016-17

REPORT IN BRIEF

 

Reason For Report

For the information of council

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

5.5.1.b Participate In Local Land Services (LLS) Local Government reference group discussions and initiatives

Annexures

1.  Regional State of the Environment Report - Snapshot    

File Number

\OFFICIAL RECORDS LIBRARY\ENVIRONMENTAL MANAGEMENT\REPORTING\STATE OF THE ENVIRONMENT REPORTS - 878465

 

Director of Environmental Services' REPORT

 

Council through its membership of the Local Land Service Local Government Reference Group collaborates in the preparation of an annual regional State of Environment Report. The 2016-17 report has recently been released and a link to the 281 page report will be provided on council’s web site.

 

An extract from the report containing a snapshot of the environmental reporting for Cabonne Council is attached for general information.

 

 

ITEM 15 - COUNCILLOR REQUEST - REZONING OF LAND AT CANOWINDRA

REPORT IN BRIEF

 

Reason For Report

For the information of councillors

Policy Implications

Not in accordance with the Canowibdra Settlement Strategy or the Orange, Blayney Cabonne Rural and industrial sub regional strategy

Budget Implications

NA

IPR Linkage

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

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\LAND USE AND PLANNING\ZONING\REZONING APPLICATIONS - 873664

 

Director of Environmental Services' REPORT

 

Councillor Newsom at the council meeting of 24 October 2017 requested a report on the possibility of rezoning land described as Lot 3 DP 842135, Battery Lane, Canowindra.

 

Owner:      Mr JL & Mrs PM Jani

Zoning:     RU1 Primary Production

 

6278651

 

4491063

 

The 6.4ha allotment was established as an agricultural allotment in 1994 (subdivision 94/17). The allotment is zoned for rural use / primary production and adjoins other farmland to the south and the west. The 1994 subdivision of agricultural land sought to establish two concessional allotments and a separate small rural allotment from the subdivision of a 120ha rural ‘existing holding’. Each of the two concessional allotments have been sold from the farm land and now contain lifestyle dwellings.

 

The rural allotment associated with one of the concessional allotments is the focus of the current enquiry. Mr & Mrs Jani own the rural allotment and reside upon the concessional allotment situated to the immediate north.

 

The Cabonne planning provisions permitted concessional allotments under certain circumstances, relating to ‘existing holdings’ and based upon a minimum holding size. Concessional lots were only one of a series of development opportunities available to land owners and were implemented by the State government in the 1960s to assist farm owners transition towards inter-generational transfer of farm land whilst retaining their homes. The State government removed all concessional allotment subdivision provisions from NSW planning instruments in May 2008 when the Rural Lands SEPP was introduced. The removal of the provisions arose from widespread land use conflict generated by the inappropriate interface of some concessional allotments and agricultural activity, and the widespread abuse of the aims and objectives of the provisions.

 

The Cabonne planning provisions have always enabled subdivision of an allotment of any size for the purpose of agriculture, however, dwelling permissibility may only apply where the agricultural allotment satisfies a minimum area, that currently being 100ha.

 

The council provisions are consistent with the existing State planning principles, including the State Environmental Planning Policy (Rural Lands) 2008, Section 117 directions and the Standard Instrument LEP. The strategic planning that supported the implementation of the Cabonne Local Environmental Plan 2012 also took into account the Cabonne Settlement Strategy and the Blayney Cabonne Orange Rural and Industrial Sub Regional Strategy 2008, as well as extensive community consultation.

 

The planning provisions at the time of subdivision of the subject land provided a maximum area for the size of a concessional allotment, and where a proponent sought to acquire additional land in association with a lifestyle allotment, an agricultural allotment was sometimes permitted.  A restriction as to user was registered upon the title deed for Lot 3 prohibiting a dwelling upon that allotment. The restriction was required as a condition of development consent and has applied to the allotment since the registration of the subdivision. Council’s policy register retains the requirement for inclusion of covenants prohibiting domestic habitation upon subdivided agricultural land where minimum lot sizes have not been achieved.

 

The subdivision application relating to the land justified the need for Lot 3, and its size, as land required to provide water storage (dam) to service Lot 2 (the concessional allotment). The application stated proposed Lot 3 was to be principally an agricultural lot with a covenant preventing construction of domestic buildings.

 

The current owner of Lots 2 & 3 DP 842135 is of the opinion that the rural allotment has a higher value to him as a building allotment; a land use prohibited upon the rural allotment. The following comments are taken from past council correspondence to Mr Jani and are reproduced for the information of council:

 

‘In July 2012 Cabonne Council adopted the Cabonne Settlement Strategy which established the strategic direction to accommodate future growth within the shire. The Cabonne Local Environmental Plan 2012 was implemented in January 2013 and reflects the strategic recommendations of the Settlement Strategy. 

 

The range of land surrounding Canowindra currently zoned R5 - Large Lot Residential provides an estimated land supply that is 400% in exceedance of the predicted demand for rural residential allotments. Based on a 30-year demand and supply analysis it is considered that adequate reserves of land, currently zoned to permit lifestyle development allotments, are available at Canowindra. Further rezoning of additional land is unlikely to be supported.’

 

In addition, the Blayney, Cabonne and Orange Rural and Industrial Sub Regional Strategy adopted in July 2008 applies to the land. The strategy identifies future investigation areas for the provision of large lot residential allotments. Due to the extensive oversupply of land at Canowindra for lifestyle development, no additional lands were identified as being required.

 

On the matter of preparation of a speculative rezoning proposal Mr Jani was advised that the preparation of the required documentation was not council’s responsibility, but that of the developer. A request to rezone land is initiated by the preparation of a Planning Proposal by a suitably qualified planning practitioner, and the submission of the documentation to council accompanied by the prescribed fee (currently a minimum fee of $3,000). As the spot rezoning to permit the additional use of the land for a dwelling is not in accordance with the adopted sub regional strategy, it is unlikely that an application would be supported by the Department of Planning or council.

 

The ‘rezoning’ of the subject lot in isolation, as proposed, is not supported by either State or local strategic planning provisions. It should also be noted that the Department of Planning and Environment is reviewing its State Environmental Planning Policies. The draft Primary Production and Rural Development SEPP, which proposes to replace a number of SEPPs including the Rural Lands SEPP, supports new dwellings on rural land, but only where the allotment satisfies the minimum allotment size, (which in the Cabonne LEP 2012 reflects a minimum rural allotment of 100ha). The draft SEPP reflects the state government’s position to protect farm land from fragmentation and to ensure Right to Farm principles are maintained.

 

ITEM 16 - HERITAGE ADVISOR'S REPORT

REPORT IN BRIEF

 

Reason For Report

Providing councillors with a copy of the Heritage Advisor's report.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.3.2.b - Heritage advisory service provided

Annexures

1.  Heritage Advisors Report November 2017    

File Number

\OFFICIAL RECORDS LIBRARY\DEVELOPMENT AND BUILDING CONTROLS\REPORTS\HERITAGE - 876234

 

Director of Environmental Services' REPORT

 

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

 

 

ITEM 17 - DEVELOPMENT APPLICATIONS RECEIVED DURING OCTOBER 2017

REPORT IN BRIEF

 

Reason For Report

Details of development applications received during the preceding month.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.3.a. Provide efficient and effective development assessment

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\DEVELOPMENT AND BUILDING CONTROLS\BUILDING AND DEVELOPMENT APPLICATIONS\REPORTING - DEVELOPMENT APPLICATIONS TO COUNCIL - 875480

 

Director of Environmental Services' REPORT

 

Development Applications have been received during the period 01/10/2017 to 31/10/2017 as detailed below.

 

SUMMARY OF DEVELOPMENT APPLICATIONS RECEIVED

 

TYPE

ESTIMATED VALUE

Section 68 Only x 8

$----

Modification to Dwelling

$----

Modification to Dwelling & Storage Shed

$----

2 Lot Rural Subdivision

$----

6 Lot Rural Subdivision

$----

Markets (Canowindra)

$----

Markets (Molong)

$----

Signage

$10,000

In Ground Swimming Pool

$30,000

Demolition of Existing & Construction of New Service Station

$2,540,000

Storage Facility for Age Of Fishes Museum

$400,000

Alterations & Additions to Dwelling

$132,980

Replacement of Cenotaph on Village Green

$18,689

Eco Tourism Facility

$1,000,000

Patio Addition

$21,680

TOTAL: 32

$4,153,349

 

 

 

 

SUMMARY OF COMPLYING DEVELOPMENT APPLICATIONS RECEIVED

 

TYPE

ESTIMATED VALUE

Alterations & Additions to Existing Dwelling

$116,054

Dwelling

$261,360

In Ground Swimming Pool

$33,000

Swimming Pool

$25,000

Alterations to Dwelling – Bathroom & Bedroom

$128,936

TOTAL: 5

$564,350

GRAND TOTAL:

$4,717,699

 

 

ITEM 18 - DEVELOPMENT APPLICATIONS APPROVED DURING OCTOBER 2017

REPORT IN BRIEF

 

Reason For Report

Details of development applications approved during the preceding month.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.3.a. Provide efficient and effective development assessment

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\DEVELOPMENT AND BUILDING CONTROLS\BUILDING AND DEVELOPMENT APPLICATIONS\REPORTING - DEVELOPMENT APPLICATIONS TO COUNCIL - 875484

 

Director of Environmental Services' REPORT

 

Development Applications have been approved during the period 01/10/2017 to 31/10/2017 as detailed below.

         

SUMMARY OF APPROVED DEVELOPMENT APPLICATIONS

 

TYPE

ESTIMATED VALUE

Section 68 Only x 10

$-----

Modification to Dwelling

$-----

Modification to Dwelling & Storage Shed

$-----

Alterations & Additions to Existing Dwelling

$200,000

Storage Sheds x 3

$1,050,000

Alterations & Additions to Dwelling & Shed

$17,600

Storage Shed

$30,000

Storage Shed

$9,940

Extensions to Existing Lecture Hall

$23,000

Dwelling

$265,000

Alterations & Additions to Existing Preschool

$192,527

Alterations & Additions to Existing Dwelling

$200,000

Alterations & Additions to Existing Dwelling

$175,000

Alterations & Additions to Dwelling

$132,980

Carport

$4,500

TOTAL: 24

$2,300,547

 

 

 

 

 

 

 

SUMMARY OF APPROVED COMPLYING DEVELOPMENT APPLICATIONS

                                            

TYPE

ESTIMATED VALUE

Alterations & Additions to Existing Dwelling

$116,054

Patio Cover

$19,990

Dwelling

$200,000

Shade Shelter at Cudal Recreation Ground

$15,000

Alterations to Dwelling – Bathroom & Bedroom

$128,936

TOTAL: 5

$479,980

 

GRAND TOTAL: 29

$2,780,527

Previous Month: 18

$1,518,737

 

 

ITEM 19 - MEDIAN PROCESSING TIMES 2017

REPORT IN BRIEF

 

Reason For Report

To provide information on median processing times.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

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

Annexures

Nil