Agenda of Ordinary Meeting - 28 November 2017

ITEM 1 - APPLICATIONS FOR LEAVE OF ABSENCE

REPORT IN BRIEF

Reason For Report	To allow tendering of apologies for councillors not present.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.1.g - Code of Meeting Practice adopted and implemented.
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - COUNCILLORS LEAVE OF ABSENCE - 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,

(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

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,

(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

Political Disclosures

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

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

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

Nil planning application disclosures have been received.

Nil public submission disclosures have been received.

SUMMARY

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

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

Applicant: GJ Gardiner Homes Orange

Owner: Mr B and Mrs D King

Proposal: Construction of perimeter / boundary fences

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

Zone: R5 Large Lot Residential

Background

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

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

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

At the time of subdivision of the land a 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

5402268 Location plan

Subject land viewed from the western approach of Foys Drive

Subject land viewed from the north east.