cabonne Council colour 200 wide

 

 

 

 

 

 

 

 

 

18 April 2018

 

NOTICE OF Ordinary Council Meeting

 

Your attendance is respectfully requested at the Ordinary Meeting of Cabonne Council convened for Tuesday 24 April, 2018 commencing at 2.00pm, at the Cabonne Council Chambers, Bank Street, Molong to consider the undermentioned business.

 

 

 

Yours faithfully

SJ Harding

GENERAL MANAGER

 

 

ORDER OF BUSINESS

 

1)       Open Ordinary Meeting

2)       Consideration of Mayoral Minute

3)       Consideration of General Manager’s Report

4)       Resolve into Committee of the Whole

a)    Consideration of Called Items

b)    Consideration of Closed Items

5)      Adoption of Committee of the Whole Report

 

 

 

 

 

 

 

 

 

 


 

ATTENDEES – APRIL 2018 COUNCIL MEETING

 

 

2:00pm

Youth of the Month

March 2018 - Julia Stanley from Canowindra High School April 2018 - William Wright from Canowindra High School

 

 

 

 

 


 

 

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

 

 

 

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

 

 


         

 

 

 

 

 

 

 

 

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 


GENERAL MANAGER’S REPORT ON MATTERS FOR DETERMINATION SUBMITTED TO THE Ordinary Council Meeting TO BE HELD ON Tuesday 24 April, 2018

Page 1

TABLE OF CONTENTS

 

 

 

ITEM 1      APPLICATIONS FOR LEAVE OF ABSENCE.................................. 2

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

ITEM 3      DECLARATIONS FOR POLITICAL DONATIONS.......................... 2

ITEM 4      MAYORAL MINUTE - APPOINTMENTS........................................... 2

ITEM 5      COMMITTEE OF THE WHOLE........................................................... 2

ITEM 6      GROUPING OF REPORT ADOPTION.............................................. 2

ITEM 7      CONFIRMATION OF THE MINUTES................................................. 2

ITEM 8      APRIL 2018 EXTRAORDINARY TRAFFIC COMMITTEE............. 2

ITEM 9      NEW COMMUNITY TRANSPORT POLICY...................................... 2

ITEM 10    ACQUISITION OF LAND FOR EURIMBLA BRIDGE..................... 2

ITEM 11    2018 NATIONAL GENERAL ASSEMBLY........................................ 2

ITEM 12    USER FEES FOR THE MOLONG MULTI-PURPOSE SPORTING FACILITY      2

ITEM 13    APPOINTMENT OF ADVISORY COMMITTEE FOR THE MOLONG MULTI PURPOSE SPORTING FACILITY...................................................... 2

ITEM 14    INTEGRATED PLANNING & REPORTING - OPERATIONAL PLAN THIRD QUARTER REVIEW.............................................................................. 2

ITEM 15    QUARTERLY BUDGET REVIEW ...................................................... 2

ITEM 16    REQUESTS FOR DONATIONS.......................................................... 2

ITEM 17    AGE OF FISHES MUSEUM, CANOWINDRA................................... 2

ITEM 18    NSW STRONGER COUNTRY COMMUNITIES FUND - FAIRBRIDGE CHILDREN'S FARM PARK PROJECT....................................................................... 2

ITEM 19    EVENTS ASSISTANCE PROGRAM 2017/18.................................. 2

ITEM 20    THE VILLAGE ENHANCEMENT PROGRAM.................................. 2

ITEM 21    PROPOSED ROAD NAMING - WEDGETAIL ROAD, MULLION CREEK   2

ITEM 22    REQUEST FOR VARIATION TO WASTE MANAGEMENT CONTRACT   2

ITEM 23    MODIFICATION APPLICATION TO DELETE CONDITION 29 OF THE DEVELOPMENT CONSENT BEING DA 2016/128 FOR A LIMESTONE MINE AT 115 CANOMODINE LANE, CANOWINDRA..................................... 2

ITEM 24    REQUEST FOR DONATION - DEVELOPMENT APPLICATION FEES PAID BY CUMNOCK VILLAGE PRE SCHOOL................................................ 2

ITEM 25    DEVELOPMENT APPLICATION 2018/0064 - 295 NANCARROW LANE, NASHDALE............................................................................................. 2

ITEM 26    DEVELOPMENT APPLICATION DA2013/0117/1
REMOTE CONTROL CAR TRACK (MODIFICATION TO HOURS OF OPERATION) LOT 3 DP 866377 SMITH ROAD, CLERGATE................................
2

ITEM 27    DEVELOPMENT APPLICATION 2018/0084 RESTAURANT AND CELLAR DOOR 194 NANCARROW LANE, NASHDALE............................................ 2

ITEM 28    QUESTIONS FOR NEXT MEETING................................................... 2

ITEM 29    BUSINESS PAPER ITEMS FOR NOTING........................................ 2

ITEM 30    MATTERS OF URGENCY.................................................................... 2

ITEM 31    COMMITTEE OF THE WHOLE SECTION OF THE MEETING..... 2

Confidential Items

 

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

 

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

Procedural

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

Procedural

ITEM 3      DEBT RECOVERY REPORT OF OUTSTANDING DEBTS

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

ITEM 4      REQUEST FOR CONSIDERATION OF WATER CHARGES FOR 835000001

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

 

ANNEXURE ITEMS

 

ANNEXURE 7.1    March 27 2018 Ordinary Council Meeting Minutes       2

ANNEXURE 8.1    Extraordinary Traffic Committee meeting minutes 9 April 2018............................................................................................ 2

ANNEXURE 9.1    Criminal Justice Policy............................................... 2

ANNEXURE 13.1  Molong Multi purpose sporting fac meeting 11 april notes                                                                                                        2

ANNEXURE 14.1  Integrated Planning and Reporting 2017/2018 3rd Quarter Review..................................................................................... 2

ANNEXURE 16.1  Cabonne Country Boys............................................... 2

ANNEXURE 16.2  Moyne Aged Care Plus Annual Fete.................... 2

ANNEXURE 17.1  Outcomes of Age of Fishes Strategic Plan Workshop    2

ANNEXURE 18.1  Fairbridge Children's Farm Project.................. 2

ANNEXURE 20.1  Village Enhancement Program............................. 2

ANNEXURE 25.1  Draft conditions of consent DA 2018/0064....... 2

ANNEXURE 26.1  DA2013/0117/1 Draft conditions of consent.... 2

ANNEXURE 27.1  Attachment Plan............................................................. 2

ANNEXURE 27.2  DA2018/0084 Draft conditions of consent........ 2 

 


 

 

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 - 888686

 

 

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 - 2018 - 888688

 

 

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 - 888692

 

 

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 - 888693

 

 

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 - 888694

 

 

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 - 888695

 

 

Recommendation

 

THAT:

1.    Councillors call any items they wish to further consider

2.    Items 7 to 10 be moved and seconded.

 

 

General Manager's REPORT

 

Items 7 to 10 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.  March 27 2018 Ordinary Council Meeting Minutes    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - MINUTES - 2018 - 888696

 

 

Recommendation

 

THAT the minutes of the Ordinary meeting held 27 March 2018 be adopted.

 

General Manager's REPORT

 

The following minutes are attached for endorsement:

 

1.   Minutes of the Ordinary Council meeting held on 27 March 2018.

 

ITEM 8 - APRIL 2018 EXTRAORDINARY TRAFFIC COMMITTEE

REPORT IN BRIEF

 

Reason For Report

For Council to ratify the recommendation of the committee.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

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

Annexures

1.  Extraordinary Traffic Committee meeting minutes 9 April 2018    

File Number

\OFFICIAL RECORDS LIBRARY\CORPORATE MANAGEMENT\MEETINGS\TRAFFIC COMMITTEES - 910008

 

 

Recommendation

 

THAT Council ratify the recommendation of the Local Traffic Committee.

 

Director of Engineering & Technical Services' REPORT

Attached are the minutes of the Extraordinary Traffic Committee meeting held 9 April 2018. The item that was addressed and its associated recommendation is as follows:

Item 3. E-LTC Item 1 Proposal to remove road weight limit sign on Archer Road

Recommendation

It is recommended THAT Council approve the proposal to remove the weight limit sign on the Archer Road

 

 

ITEM 9 - NEW COMMUNITY TRANSPORT POLICY

REPORT IN BRIEF

 

Reason For Report

For Council to approve the new policy

Policy Implications

New policy

Budget Implications

Nil

IPR Linkage

1.3.1.a Implement the Community Transport Program

Annexures

1.  Criminal Justice Policy    

File Number

\OFFICIAL RECORDS LIBRARY\COMMUNITY SERVICES\SERVICE PROVISION\COMMUNITY TRANSPORT - 909521

 

 

Recommendation

 

THAT Council adopt the Community Transport Policy, “Working with Clients who have exited the Criminal Justice System”

 

Community Services Manager's REPORT

 

Community Transport has recently undergone Third Party Verification (TPV) as part of meeting the NSW Disability Services Standards.

 

As part of this process, Community Transport is required to have in place a policy regarding working with clients who have exited the Criminal Justice System.

 

This policy is to ensure that every person exiting the Criminal Justice System is assessed for services based on eligibility and safety and is provided with individualised care and services whilst maintaining the safety of Community Transport Staff and Volunteers.

 

 

 

ITEM 10 - ACQUISITION OF LAND FOR EURIMBLA BRIDGE

REPORT IN BRIEF

 

Reason For Report

To seek Council resolution to undertake acquisition of land that is necessary for the construction of the new Eurimbla Road bridge.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

1.1.4.a Local road bridge maintenance undertaken

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\ROADS and BRIDGES\ACQUISITION\KERR - CUMNOCK - EURIMBLA BRIDGE REALIGNMENT - 909984

 

 

Recommendation

 

THAT Council;

 

1.  Authorise the purchase of 2,179 sq m of land from Lot 66 DP 753225 for a purchase price of $1,500 and to construct a new fence along the new boundary line.

2.  Authorise the purchase of 350 sq m of land from Lot 39 DP 665708 for a purchase price of $500, as well as $600 in fencing compensation.

3.  Agree to pay all reasonable legal fees, survey fees and plan lodgment fees associated to the purchase.

4.  Authorise the affixation of the Common Seal and appropriate signatures on any associated land transfer documents.

 

Manager Technical Services' REPORT

 

Council is currently constructing a new bridge on Eurimbla Road near Cumnock. As part of the construction, Council would need to undertake a land acquisition involving two land holders.

 

Council has been in negotiations with the owner of Lot 66 DP 753225. The owner has agreed to the sale of 2,179 sq m to Council with compensation of $1,500. Council has agreed to pay all associated legal costs, lodgement fees and fencing costs.

 

Council has also been in negotiations with the owners of Lot 39 DP 665708 regarding the acquisition of 350 sq m of land with compensation of $500. It has also been agreed to pay the landholder $600 in fencing compensation and they will construct their own new fence. Council has agreed to also pay reasonable associated legal fees and lodgement fees. It is noted that the legal fees and fencing costs are to be included in the Contract of Sale for the purchase of this land.

 

 

 

ITEM 11 - 2018 NATIONAL GENERAL ASSEMBLY

REPORT IN BRIEF

 

Reason For Report

To advise of opening of registrations for the 2018 National General Assembly.

Policy Implications

Nil

Budget Implications

Registration, travel & accommodation costs approximately $3,000

IPR Linkage

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

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNMENT RELATIONS\LOCAL AND REGIONAL LIAISON\AUSTRALIAN LOCAL GOVERNMENT ASSOCIATION - 909843

 

 

Recommendation

 

THAT Council:

 

1.   Determine whether it requires representation at the 2018 National General Assembly.

 

2.   If required, nominate and authorise the attendance of council representatives to the 2018 National General Assembly.

 

 

General Manager's REPORT

 

The 2018 National General Assembly (NGA) will be held in Canberra from 17-20 June.  This year’s theme, “Áustralia’s Future, Make it Local” reflects not just the wide scope and importance of Local Government, but its ability to influence and effect fundamental change and improvement at the community level.  The NGA is Australia’s largest and most influential gathering of local government councillors, mayors and officials.

 

Council has not attended the NGA in the past few years, however has previously been represented by the Mayor and General Manager.  The costs for registration, accommodation and expenses is approximately $3,000 for two people.

 

 

ITEM 12 - USER FEES FOR THE MOLONG MULTI-PURPOSE SPORTING FACILITY

REPORT IN BRIEF

 

Reason For Report

Council currently has no single use user fees in its Fees and Charges Policy.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

3.3.3.b Maintain sporting facilities to safe operational standards

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\RECREATION AND CULTURAL SERVICES\SERVICE PROVISION\MULTI PURPOSE SPORTING FACILITY - MOLONG - 909577

 

 

Recommendation

 

THAT:

 

1.   Council adopt the fees and charges for the Molong Multi-Purpose Sporting Facility as detailed in the following table:

 

Fees and Charges

 

 

Without Lights

 

 

Hockey Club single use fee

Per hour

$25.00

Non Club single usage fee

Per hour

$50.00

Competition games Seniors

Per team

$100.00

Competition games Juniors

Per team

$ 60.00

Non local user training fee

Per hour

$ 70.00

Tennis per court

Per hour

$ 20.00

Netball per court

Per hour

$ 20.00

Additional Lights charge

Per hour

$ 15.00

 

2.   Council investigate installation of an electronic key system and an electronic meter on the lights, and that funds be considered in the 2018/2019 budget.

 

Director of Finance and Corporate Services' REPORT

 

Background

The Multi-Purpose Sporting Facility in Molong has now been officially opened and is in use. Currently there is a fee in place of $303.50 per annum for use of the old turf hockey field. This fee was designed as an annual fee for clubs for the lesser standard facility. Council needs to adopt a single usage fee prior to the 2018/2019 budget being adopted.

 

When setting the fees for usage of the facility Council needs to consider the following:

 

Depreciation of the surface

Charging for use of the lights

Whether the facility is being used for a match or training

Whether the facility is being used by locals or non-locals

Whether the facility is being used by senior or junior players

Encouraging use by hockey, netball and tennis players

Difficulties with monitoring use

Usage by schools

 

Currently Orange Hockey Club charge as shown below in the table.

 

Training

 

 

Full field – no lights

1 hour

$71.00

Full field - with lights

1 hour

$114.00

Half field – no lights

1 hour

$35.50

Half field – with lights

1 hour

$60.00

Competition games

 

 

Seniors

Per team

$103.00

Juniors

Per team

$  62.00

Joeys and Burras

Per player

$    2.00

 

Issues

It should be noted that unlike the hockey facilities at Orange, this facility can be used for other sports which may have fewer participants. It is recognised that it is difficult to charge for the Multi-Purpose Sporting Facility as there is no onsite staff or electronic access. Also it is not practical to charge the Hockey Club on a per use basis as they have the key and are using it constantly.

 

In addition Council wants to encourage use of the facility in particular by tennis players and netballers. Bearing this in mind it is recommended that interim charges for the facility be as follows:

 

Fees and Charges

 

 

Without Lights

 

 

Hockey Club single use fee

Per hour

$25.00

Non Club single usage fee

Per hour

$50.00

Competition games Seniors

Per team

$100.00

Competition games Juniors

Per team

$ 60.00

Non local user training fee

Per hour

$ 70.00

Tennis per court

Per hour

$ 20.00

Netball per court

Per hour

$ 20.00

Additional Lights charge

Per hour

$ 15.00

 

A set of user charges will be adopted as part of the budget process but in all likelihood will be similar to those shown above.

 

Conclusion

In order to simplify the mechanism for charging it is recommended that Council install an electronic key system. This will allow Council to monitor usage and control access to the facility. It is presently impractical to control access with manual keys as most of the usage occurs after business hours.

 

If Council were to install electronic card access at the facility, it would know the particular user and the number of hours of usage by that user. Council could then invoice users directly based on their recorded hours of access.

 

It is also recommended that an electronic meter be installed on the lights so that users pay for the usage of the lights as they go.

 

 

 

ITEM 13 - APPOINTMENT OF ADVISORY COMMITTEE FOR THE MOLONG MULTI PURPOSE SPORTING FACILITY

REPORT IN BRIEF

 

Reason For Report

For Council to appoint an advisory committee for the Molong Multi-Purpose Sporting Facility.

Policy Implications

NIL

Budget Implications

NIL

IPR Linkage

3.3.3.b Maintain sporting facilities to safe operational standards

Annexures

1.  Molong Multi purpose sporting fac meeting 11 april notes     

File Number

\OFFICIAL RECORDS LIBRARY\RECREATION AND CULTURAL SERVICES\SERVICE PROVISION\MULTI PURPOSE SPORTING FACILITY - MOLONG - 909562

 

 

Recommendation

 

THAT Council:

1.   Create the Multi-Purpose Sporting Facility Advisory Committee.

 

2.   Appoint the following members to the committee: Naomi Schroder,  Paul Evans, Joe Clayton, Linda Milne, Chloe Jones, Troy Warner, Ben Brown, Andy Hicks and Hugh Gardiner.

 

Director of Finance and Corporate Services' REPORT

 

The purpose of this report is to create a committee to advise Council on strategic and operational issues relating to the Multi-Purpose Sporting Facility in Molong. The facility is comprised of the new synthetic multi-purpose field and the Hunter Caldwell Reserve.

 

Council has invited all user groups to provide representatives for this committee. Consequently a meeting was held on 11 April 2018. The following nominations were put forward as representatives for the user groups on this committee: 

 

Naomi Schroder – Molong Netball Club

Hugh Gardiner and Paul Evans – Molong District Soccer Club

Joe Clayton and Linda Milne – Molong Hockey Club

Chloe Jones and Troy Warner – Molong Touch Football Club

Ben Brown and Andy Hicks – East Molong Tennis Club

 

Molong Cricket Club and the local schools were also contacted but did not put forward any nominations.

 

The major issues raised at the meeting held on 11 April were as follows:

 

1.   Path from street to the Multi-Purpose Sporting Facility – There is concern that mud will be trampled from the surrounds onto the synthetic field.

 

2.   Lights in the players dugouts.

 

3.   Storage for tennis posts and nets.

 

4.   Dugouts for junior soccer coaches and supporters at Hunter Caldwell.

 

5.   Lights at Hunter Caldwell.

 

The committee understood that there are budget constraints relating to these requests but were of the view that they should be raised in order to have the best facility possible.

 

The matter of becoming a section 355 committee was discussed and it was decided that this may be appropriate in the future.

 

The notes of the meeting are attached for the information of Councillors.

 

 

ITEM 14 - INTEGRATED PLANNING & REPORTING - OPERATIONAL PLAN THIRD QUARTER REVIEW

REPORT IN BRIEF

 

Reason For Report

To provide Council with an update on the progress of the 2017/2018 Integrated Planning & Reporting Operational Plan.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

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

Annexures

1.  Integrated Planning and Reporting 2017/2018 3rd Quarter Review    

File Number

\OFFICIAL RECORDS LIBRARY\CORPORATE MANAGEMENT\PLANNING\INTEGRATED PLANNING AND REPORTING 2017-2018 - 910509

 

 

Recommendation

 

THAT, subject to any alterations the Council deems necessary at the April Council meeting, the update of the Operational Plan to 31 March 2018, as presented be adopted.

 

Director of Finance and Corporate Services' REPORT

 

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

 

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

 

The third quarter update for the Integrated Planning & Reporting Operational Plan for 2017/2018 is attached which shows the culmination of the actions and strategies undertaken for the three quarters up to 31 March 2018.

 

 

 

ITEM 15 - QUARTERLY BUDGET REVIEW

REPORT IN BRIEF

 

Reason For Report

To advise Council of the present position of the current budget

Policy Implications

Nil

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

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\BUDGETING\QBRs - QUARTERLY BUDGET REVIEWS - 909148

 

 

Recommendation

 

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

 

Senior Accounting Officer's REPORT

 

The Quarterly Budget review is presented to Council for determination. This report covers the period from the 1 January 2018 to 31 March 2018. The overall change for the quarter is $1,094,863 unfavourable. The overall year to date change is $1,208,000 unfavourable. This is due to lower recoveries on Major Capital projects, such as The Molong Pipeline and Puzzle Flat Levee, which have been revoted to the next financial year.

 

The following matters have been revoted to the 2018/19 budget from the current budget. The works have not commenced, for various reasons, and are covered by internal/ external restrictions and or by expected grant funding. 

 

These matters have been included in the Draft 2018/19 budget.

 

 

Description

Revotes

Enterprise Excellence

 $               57,500

Communications Project

 $               23,000

Training Room Fit Out

 $               69,000

Contract Shredding and Disposal of Old Records

 $               57,500

Replace Printer/ Copier Fleet

 $             198,375

Large Format Printer for Cudal

 $               17,250

Modelling Software for Rates Sewer & Water

 $               23,000

e Approvals Environmental Services  to process DAs electronically

 $               46,000

New Animal Shelter

 $               17,250

Fabrication of Skip Bins for Waste Recycling

 $               19,780

Molong Gasworks  - Establish Car Park Open Space Precinct

 $               14,950

Puzzle Flat Levee

 $          2,426,625

Canowindra Retirement Units

 $          1,198,343

Molong Cemetery - Purchase of land for expansion of the cemetery

 $                 9,200

Canowindra Cemetery Upgrade / complete internal driveways

 $               57,500

Review of Development Contribution Plans

 $               32,493

Review of Blayney, Cabonne and Orange City Sub Regional & Industrial Land Strategy

 $               57,500

Water telemetry Based Infrastructure

 $               73,140

Water Reservoir Maintenance

 $               20,010

Weirs Maintenance

 $               12,880

Annual Audits of Pump Stations

 $               13,225

Hydrant Maintenance and Inspection 

 $               40,250

Economic Development Plan

 $               50,000

 

 $     4,534,771

 

 

 

Other significant changes in this Review.

 

Transport and Communication

 

Council has received advice from the RMS that $290,000 has become available under the Regional Road Repair Program. These funds have been allocated to Warraderry Way. This program is fully funded by the Roads and Maritime Service.

 

Works anticipated for the Cadia Road, heavy patching and vegetation control, will not proceed in this current year, accordingly that estimate has been reversed from this year’s budget. The amount was $800,000 and was fully funded by contributions from the Cadia Mine.

 

It is estimated that approximately $250,000 will be received from the NSW Rural Fire Service for repayment of Council’s expenses in the recent Section 44 fires at Mount Canobolas and Belarada Creek.

 

Orange to Molong Pipeline Project.

 

$9,401,532 has been moved from the 2017/18 budget for the Molong Pipeline.  This amount has been carried forward to the 2018/19 budget and will be completed in that year.

 

Environmental Protection

 

Council has received $40,000 in grant funding for an environmental project, called - Habitat Action Grant – Ramping up the Buckinbah.

 

 

 

Recreation and Culture

 

Replacement and installation of water bubblers within Cabonne is acknowledged in this review.

 

The cost for the project will be $20,000 and will cover the installation of 2 new bubblers, one at Canowindra Skate Park and the other at Cargo Playground, as well as the replacement of 3 bubblers at Molong, Canowindra and Manildra.

 

Waste Management

 

The cost of processing recyclables is noted in this budget review and an additional $12,938 has been added to the cost of the service provided by J R Richards. This amount will cover the increase from January to June for this year and has been funded from the Domestic Waste Reserve.

 

 

Recreation & Culture

 

Under the Grant Program of Stronger Country Communities – Round 1, the following projects have been successful and acknowledged in this Review.

 

Shared Mobility Access Pathways for Mullion Creek, Manildra and Cudal. The total cost of these projects is $271,287 and is fully funded by Resources for   Regions Projects. 

 

ITEM 16 - REQUESTS FOR DONATIONS

REPORT IN BRIEF

 

Reason For Report

For Council to consider the requests received for donations

Policy Implications

NIL

Budget Implications

To be funded from current budget allocations

IPR Linkage

4.4.1.c Provide assistance to community groups

Annexures

1.  Cabonne Country Boys

2.  Moyne Aged Care Plus Annual Fete    

File Number

\OFFICIAL RECORDS LIBRARY\COMMUNITY RELATIONS\SPONSORSHIP - DONATIONS\SPONSORSHIP - DONATIONS - 2018 - 910267

 

 

Recommendation

 

THAT Council donate: 

1.  $300 to the Cruisin’ Along fundraiser for Cancer Care Western NSW

2.  $150 to Moyne Aged Care Plus for their Annual Fete

 

 

Community Services Manager's REPORT

 

The Cabonne Country Boys are seeking Council support for the Cruisin’ Along car rally for Cancer Care Western NSW.

 

This year the rally will head north to Bourke before heading west to Birdsville, onto Alice Springs and Uluru. Heading home the rally will travel through Coober Pedy, Marree, Lake Cargelligo and then on to Orange.

 

The Cruisin’ Along rally will raise funds for maintenance of The Western Care Lodge. The Lodge accommodates patients receiving cancer treatment and the Orange Base Hospital, along with their families.

 

The Cabonne Country Boys were a team in the 2016 rally and have been strong supporters for Cancer Care Western NSW.

 

 

Moyne Aged Care Plus are holding their Annual Fete on Sunday, 5 May 2018. Each year the fete is a highlight for the Centre with the residents looking forward to the community celebrating their lives.

 

The 2017 fete attracted over 300 attendees, which raised more than $8,000, which was used for the residents’ leisure and care needs. The success of the fete is key to creating a loving aged care home for the residents and their families.

 

Should Council wish to make these donations there remains $1,506 in the s.356 budget for donations this financial year.

 

Donations so far this year are:

 

$200          Catering costs for Mental Health meeting at Molong

$500          Mullion Creek Public School, travel to robotics championships

$500          Orange / Cowra / Cabonne Science Hub

$484          Molong Golf Club

$500          Orange Lions Club

$1,050       Prizes for School Presentation Nights

$300          CWA Public speaking competition

$500          Yeoval Pre-school

$1,000       Borenore CWA kitchen repairs

$1,600       Canowindra RSL Sub-branch – to be purchased 18/19 Financial Yr

$250          NAIDOC Week activities

 

 

ITEM 17 - AGE OF FISHES MUSEUM, CANOWINDRA

REPORT IN BRIEF

 

Reason For Report

To inform Council of management arrangements at the Age of Fishes Museum, Canowindra

Policy Implications

Nil

Budget Implications

Nil 

IPR Linkage

4.2.1.b Promote visitation and tourism activity within Cabonne through accessing and showcasing local museums

Annexures

1.  Outcomes of Age of Fishes Strategic Plan Workshop    

File Number

\OFFICIAL RECORDS LIBRARY\ECONOMIC DEVELOPMENT\REPORTING\COUNCIL REPORTS - 910262

 

 

Recommendation

 

THAT Council conduct a workshop to review current management and financial arrangements for the Age of Fishes Museum and consider future options for the tourist facility.

 

Community Engagement and Development Manager's REPORT

 

At its Ordinary Meeting in March, Council requested a report on management arrangements at the Age of Fishes Museum and Council’s future direction for the museum.

 

In 2008, Cabonne Council agreed to a request from the museum’s board of directors to become responsible for the employment of the museum’s manager and this arrangement remains in place today.

 

While the manager is employed by Council, the day-to-day operations are the responsibility of the museum’s board of directors and these operations are implemented by the manager.

 

The manager is supported by a part-time administration assistant, employed by the museum not Council, and a group of volunteers. The museum also employs a casual cleaner and uses a contractor to mow the grounds.

 

In its 2016-17 Budget, Council provided a one-off allocation of $50,000 to fund a marketing campaign for the museum, as well as a one-off allocation of $60,000 to carry out urgent maintenance work.

 

At its Ordinary Meeting in November 2017, Council agreed to donate half of the outstanding rates owed by the museum. This equated to $1,142.

 

Council also makes a vehicle available for museum work-related purposes only.

 

A Section 355 committee of Council, the Age of Fishes board is a skills-based board consisting of:

i.    Chairperson Sharon D’Elboux (Orange City Council Economic Development Manager);

ii.   Secretary Caddie Marshall (principal of Adloyalty and General Manager of Orange Regional Tourism);

iii.  Treasurer Cally Woodhouse (partner Yates Baker McLean Accountants and Business Advisors);

iv.  Andrew Wooldridge (soil scientist with the Department of Primary Industries and Canowindra organic farmer); and

v.   Arthur Falconer (former businessman and prominent Canowindra community member).

 

Other board members are Cabonne Council’s Community Engagement and Development Manager Dale Jones and Council’s delegate Cr Kevin Walker. Cr Jenny Weaver is Council’s alternative delegate.

 

The board is continually assessing the ongoing operation of the museum in a very competitive tourism market and recently invited a number of stakeholders to a workshop to develop a strategic plan for the facility.

 

A financial management workshop will also be conducted prior to the next board meeting on 30 April 2018.

 

The board has a number of long term goals for the museum, including revamping and updating the exhibition and gallery area; acquiring the dig site where the fossils were discovered and developing an interpretive centre at the dig site.

 

While the cost of these projects is beyond the current financial capacity of the Age of Fishes Museum, the board and management, in conjunction with Council’s Community Engagement and Development Manager and Grants Officer, have either lodged grant applications or are exploring grant funding opportunities for these major projects.

 

Should Council wish to explore options for the future operation or expansion of the Age of Fishes, it may be opportune to conduct a workshop for Councillors to review the current management and financial arrangements and consider short and long term options for the museum.

 

ITEM 18 - NSW STRONGER COUNTRY COMMUNITIES FUND - FAIRBRIDGE CHILDREN'S FARM PARK PROJECT

REPORT IN BRIEF

 

Reason For Report

To inform Council of a late application from the Old Fairbridgians' Association for funding under the NSW Stronger Communities Fund

Policy Implications

Nil

Budget Implications

Possible grant income

IPR Linkage

3.3.5.a Review community need for new and upgraded facilities

Annexures

1.  Fairbridge Children's Farm Project    

File Number

\OFFICIAL RECORDS LIBRARY\ECONOMIC DEVELOPMENT\REPORTING\COUNCIL REPORTS - 910174

 

 

Recommendation

 

THAT Council determines a priority for the proposed Fairbridge Children’s Farm Park project.

 

Community Engagement and Development Manager's REPORT

 

Council has received a late application for funding under the second round of the NSW Stronger Country Communities Fund from the Old Fairbridgians’ Association to construct the Fairbridge Children’s Farm Park on the outskirts of Molong.  This is an additional application to the 13 projects prioritised for funding by Council at its February meeting which were advertised for community comment.

 

The application from the Old Fairbridgians’ Association follows various funding requests it has made to the NSW Government. The association said it was advised by Government representatives to lodge an application under this round of the Stronger Country Communities Fund and is of the understanding this will not affect the level of funding available to other community projects in the Cabonne Local Government Area.

Council now needs to determine a priority for the Fairbridge Children’s Farm Park project in relation to the other 13 community and Council projects it will submit for funding under the second round of the NSW Stronger Country Communities Fund.

Proposals already prioritised are (in order of priority):

1.   Cumnock Progress Association Recreation Precinct Landscape Master Plan to upgrade Cumnock sports precinct, including Little Athletics facilities. Funding sought: $533,632

2.   Cudal Community Children’s Centre long day care expansion: Funding sought: $126,000

3.   Molong Early Learning Centre long day care expansion. Funding sought: $262,500

4.   Cabonne Council construction of pedestrian access mobility pathway in Browns Avenue, Canowindra (from Rodd St to Canowindra High School). Funding sought: $219,240

5.   Cabonne Council construction of pedestrian access mobility pathways in Eugowra, Cargo and Yeoval. Funding sought: $219,240

6.   Cabonne Council construction of pedestrian access mobility pathway in Watson St, Hill St and Euchareena Rd, Molong. Funding sought: $188,475

7.   Mullion Creek Progress Association tennis court refurbishment, including synthetic court resurfacing. Funding sought: $132,893

8.   Cumnock Show Society pavilion extension, including new entertaining and outdoor area. Funding sought: $381,818

9.   Cabonne Council Molong Village Green revitalisation, including new paths, drainage, landscaping and interpretive signs. Funding sought: $138,600

10. Canowindra Challenge Inc. Canowindra Showground upgrade, including pavilion refurbishment and major electricity upgrade. Funding sought: $710,850

11. East Molong Tennis Club refurbishment, including synthetic court resurfacing. Funding sought: $109,759

12. Lidster Tennis Club refurbishment, including synthetic court resurfacing. Funding sought: $212,268

13. Australian National Field Days information and education facility: $416,168

COMMUNITY FEEDBACK

 

These projects were placed on public exhibition from 28 February 2018 to 28 March 2018 for public comment and feedback.  At the end of this period Council, Council received 1,497 responses from the community in support of the various proposals as follows:.

 

1.   Cumnock sports precinct: Support letters 333. Total: 333.

2.   Molong Early Learning Centre: Support letters 71, Change.org online petition 258. Total 329.

3.   Mullion Creek tennis court refurbishment: Support letters 2, online petition 325. Total 327.

4.   Cudal Community Children’s Centre: Support letters 19, hard copy petition 99, change.org online petition 188.Total 306.

5.   Lidster tennis court refurbishment: Support letters 3, paper petition 59, online Facebook followers of “Lidster Tennis Revival” page 75. Total 137.

6.   East Molong tennis court refurbishment: Support letters 10, paper petition 43. Total 53.

7.   Canowindra Showground upgrade: Support letters 8. Total 8.

8.   Australian National Field Days information and education facility: Support letters 3. Total 3.

9.   Cabonne Council Molong Village Green revitalisation. Support letter 1. Total 1.

10. Cumnock Showground upgrade. Support letters 0. Total 0.

Council’s pedestrian access mobility pathways projects at Canowindra, Eugowra, Cargo, Yeoval and Molong are part of the Cabonne Pedestrian Access and Mobility Plan (PAMP), which was adopted after extensive community consultation and, as such, meets the Stronger Country Communities Fund requirements for community consultation and support.

 

 

 

ITEM 19 - 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

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GRANTS AND SUBSIDIES\PROGRAMS\EVENTS ASSISTANCE PROGRAM 2017 - 2018 - 909802

 

 

Recommendation

 

THAT Council approve funding under the 2017/2018 Events Assistance Program (EAP) for the Regional Skateboarding Competition $1,000.

Community Engagement and Development Manager's REPORT

 

Council has received a letter from the NSW Office of Sport seeking participation and support under the 2017/2018 Events Assistance Program (EAP) for events to promote Cabonne and attract visitors to experience the area. Council’s Tourism and Community Development Coordinator has provided the following assessment.

 

Application 1.

 

 

Organisation:                                     NSW Office of Sport

Event:                                                 Regional Skateboarding Competition 

Date:                                                   9 September 2018 (to be confirmed)

 

Requested Amount:                             $1,000

 

To be funded:                                                 A contribution towards the marketing and promotion of this annual event.

Event Description

 

The NSW Office of Sport has invited Cabonne Council to participate in the inaugural Central West Skateboarding Competition.

 

The competition organisers are working closely with the Australian Skateboard Federation and the local operator Blunt Side Skate Park Tours. This competition will create a pathway for regional skaters from 12 years upwards to the State and National competitions. Skateboarding will be included as a sport at the Tokyo 2020 Olympics.

 

Current sponsors include the PCYC and Headspace who are regional partners of this event.

 

The Office of Sport says this new skateboarding competition for the Central West has the potential to increase economic and social benefits for local communities, as well as delivering healthy sporting activities for regional and country youth.

 

At this stage the Regional Skateboarding Competition will also be held in Dubbo, Orange, Cowra and Millthorpe, while organisers are awaiting confirmation from Mudgee, Parkes,Young and Lithgow.

 

Council has nominated Manildra Skate Park as the initial site for the competition and if Council approves participation the intention is to rotate the event annually within Cabonne to include other village skate parks at Canowindra, Eugowra and Molong. This will assist in sharing the economic and social benefits across the Local Government Area.

 

The Office of Sport is seeking $1,000 in sponsorship to host the event. Council would have to provide portable toilet facilities for the day at the Montana Park at Manildra, while other costs could include preparing the park and cleaning up after the event. It is anticipated this may add up to $500 to the cost of hosting the competition, which would be funded from Council’s Tourism Plan Implementation budget.

 

A structured skateboarding competition provides skaters with

 

1.   Access to coaches and other positive role models

2.   Motivation to set and achieve personal goals

3.   Provides an opportunity to feel part of a wider community and connect with other young people

 

Assessment

 

This potential youth skateboarding sporting event meets the funding category of a developing event. It will provide an attractive activity for youth and will help to promote the villages of Cabonne and their facilities.

 

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

28 November Taste@Barangaroo

$1,000

12 December FOOD WEEK 2018

$5,000

27 February Cumnock Show Society - Long White Lunch

$1,000

27 February Molong Advancement Group  - Molong Markets  

$500

27 March  Canowindra Creative Centre

$500

27 March Cudal Camp Draft

$1,000

 

 

 

 

Total Expenditure

$41,100

Remaining Funds

$9,800

 

 

ITEM 20 - THE VILLAGE ENHANCEMENT PROGRAM

REPORT IN BRIEF

 

Reason For Report

To advise Council on the Village Enhancement Program

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

3.3.5.b Develop a Village Enhancement Program

Annexures

1.  Village Enhancement Program    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\REPORTING\ENGINEERING AND TECHNICAL SERVICES REPORTING - 910388

 

 

Recommendation

 

THAT Council approve the Village Enhancement Program recommendations as provided in the attachment to this report.

 

Director of Engineering & Technical Services' REPORT

 

The Village Enhancement Program followed on from the council meeting held on 20 December 2016, when Council resolved:

 

1.   To transfer $700,000 to the Village Enhancement Reserve from the Plant Reserve.

2.   Hold a workshop in February 2017 to discuss the allocation of the funds.

The additional $700,000 transferred into the Village Enhancement Reserve bought the total funding allocation to $2,000,000. The original concept of the Village Enhancement Program was to beautify the towns and villages of Cabonne and to encourage tourism to the area.

 

Council contacted the Progress Associations throughout Cabonne LGA, requesting suggestions from the community for projects that would provide a betterment or enhancement in their village. Council received a positive response from the Progress Associations and these suggestions were then collated, considered and costed.

 

A further councillor workshop was conducted on 9 May 2017, where attention was drawn to the Street Tree Master Plans that were prepared several years previous and could be included in the Village Enhancement Program, as the information detailed on the plans was still relevant. Additionally, the community was again requested for further input and Council requested that submissions be forwarded to Council for consideration and inclusion in the program.

 

As part of the program, Council established a tree nursery at Canowindra that will provide plant stock to the communities in accordance to the Street Tree Master Plan and the ongoing tree replacement program.

 

Submissions from the community were finalised in January 2018 and these along with those from the various Progress Associations were considered, and those projects that fitted the criteria of the program, were included to a total value of $1,504,680. A detailed estimate of those projects were undertaken, a copy of which is attached to this report.

 

 

ITEM 21 - PROPOSED ROAD NAMING - WEDGETAIL ROAD, MULLION CREEK

REPORT IN BRIEF

 

Reason For Report

To name a presently unnamed road as per Condition 31 of DA 2007/138.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

1.4.1.a Construction of local roads

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\ROADS and BRIDGES\NAMING\ROADS AND LANES - 909396

 

 

Recommendation

 

THAT Council:

 

1.  Proceed with public consultation proposing to name the road as “Wedgetail Road”; and

2.  Assuming no objections are received, proceed with the naming of “Wedgetail Road” in accordance with Section 162 of the Roads Act, 1993 and Division 2 of the Roads Regulation 2008.

 

Manager Technical Services' REPORT

 

As per Condition 31 of DA 2007/138 the developer is required to name a presently unnamed road off Smith Road, Mullion Creek. The developer has proposed to name the road “Wedgetail Road”.

 

It is noted that this name is considered suitable as per the Geographical Names Board Guidelines. The proposed name will be advertised as per Section 7 of the Roads Regulation 2008.

 

The section of road that is to be named is outlined in red in the map below and runs along the northern boundary of Lot 220 DP 756890.

 

 

ITEM 22 - REQUEST FOR VARIATION TO WASTE MANAGEMENT CONTRACT

REPORT IN BRIEF

 

Reason For Report

To obtain council approval to a contract variation

Policy Implications

Nil

Budget Implications

Adjustment required to 2018/19 fees and charges for kerb side waste contract services

IPR Linkage

5.3.1.a Manage the contract for the operation of a kerbside pickup service for residential properties

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\WASTE MANAGEMENT\CONTRACTING\JR RICHARDS and SONS - 909071

 

 

Recommendation

 

THAT Council:

1.  Agree to the contract variation requested by JR Richards & Sons Pty Ltd to the Waste Collection and Recycling Processing Contract between Cabonne Council and JR & EG Richards Pty Ltd to reflect the increase in costs applied by Visy Recycling, as outlined in the attached report.

2.  Affix the council seal to the contract variation documentation.

 

Director of Environmental Services' REPORT

Summary

Council’s endorsement is being sought to vary the Waste Collection Contract held with JR Richards and Sons Pty Ltd for an additional $60 per tonne processing fee as imposed by Visy Recycling effective from 1 July 2018.

JR Richards and Sons Pty Ltd hold a third party contract arrangement with Visy Recycling for the processing of recyclables for Cabonne Council. As a result of the global restrictions imposed under the China Sword Policy, and the consequent impact on recycling operations domestically, Visy Recycling is seeking the additional processing fee to recover their costs.

 

The impact upon the domestic market for recyclables, as it applies to Cabonne Council’s waste contract with JR Richards, has been in effect from 15 March 2018. The State Government has recently announced an assistance package for local government and industry to adjust to the additional costs. Council will make application once details become available for immediate financial assistance to 30 June 2018 as a minimum.

 

COMMENTARY

Historically, China has been one of the primary markets for recyclable product globally, and in particular for recyclables collected and sorted in Australia. In 2017, notification was provided to the World Trade Organisation (WTO) of China’s intention to ban imports of many recyclable categories (24 in total), with specific limitations of 0.5% contamination levels imposed on product that is still accepted. These restrictions came into effect from 1 January 2018.

The impact on the national waste and recycling industry here in Australia has been swift and extensive with impacts at all levels including Processing Facilities, Collection Contractors, Material Recovery Facility (MRF) operators, local government and their communities. There has already been significant media coverage of impacts on numerous contracts and operations in Victoria, South Australia and Western Australia in recent months.

In the calendar year 2017 Cabonne Council had 697 tonnes of kerb side recycling processed through Visy at a cost of $66,414. Based on the past year’s tonnage produced within Cabonne, and collected by JR Richards for processing by Visy, the additional processing charge will equate to an annual increase of cost to council of $41,820.

Cabonne Council is a member of Netwaste, being the voluntary regional waste group who has an active role in establishing and maintaining the regional waste management contracts. Netwaste has been acting as the central point of contact and reference on the matters outlined below to ensure consistency is maintained given the regional nature of the contracts and number of councils involved (being 9 in total).

In correspondence dated 1 March 2018 issued to Netwaste by JR Richards and Sons Pty Ltd, notice was given by Visy Recycling that it was suspending the performance of its obligations under the Agreement (being a third party contract agreement) pursuant to Clause 9 (Force Majeure). Clause 9 of the Agreement provides, amongst other things, that Visy Recycling may suspend its obligations in the event, for reasons beyond Visy Recycling’s control, it becomes in Visy Recycling’s opinion, commercially unviable to accept or process recyclables materials. The impact of the China Sword Policy was cited as the reason for application of this Clause. The correspondence also outlined that services would be suspended effective from Wednesday 14 March 2018 (being less than 2 weeks from date of notice).

 

Extensive conversations were held with JR Richards as council’s Collection Contractor, who in turn have been in discussion with Visy Recycling in an attempt to identify any possible options to ensure the continued viability of processing recyclables under the impacted contract arrangements. It has become abundantly clear that there are no other processing options available, with the only other option being to landfill the product. This is not considered desirable for many reasons, including impact on landfill lifespan and also effectively dismantling a well-established and community supported recycling service. There is some limited stockpiling capacity in the region, however the current situation is not expected to improve in the immediate term, thus this is not a long term viable option for consideration.

 

As a result, in further correspondence dated 8 March 2018 from Visy Recycling to JR Richards, $60 per tonne (plus GST) was stated as an additional processing fee that would be charged under a Variation Agreement if agreed to by both parties. Further terms were also indicated relating to payment timeframes and that implementation of a possible Variation Agreement would not prejudice Visy Recycling’s right reservation of the right to suspend the acceptance and processing of recyclable materials in the future if the current crisis worsens, which rights are expressly reserved.

The additional $60 (plus GST) processing fee has been in effect from Thursday 15 March 2018 and applied to all recyclables delivered under the Netwaste contracts, including product from Cabonne Council.

 

The proposed Variation Agreement has been received by council on 4 April 2018 and been reviewed and discussed; with JR Richards and Sons indicating to the impacted councils the terms are considered acceptable to them. JR Richards have also indicated it is their intention to pass on the additional processing fee to each of the impacted Netwaste councils in full.

 

Netwaste on behalf of the impacted councils has been actively conversing with the NSW EPA to ensure the potential impacts of the issues facing the recycling industry are clearly understood, particularly at local government level, and consequently at the community level. On Tuesday 20 March 2018, the NSW State Government announced a one-off $47 million assistance package, funded by the current Waste Less Recycle More (WLRM) program. The package provides a range of short, medium and long term initiatives to ensure kerbside recycling continues and to promote industry innovation.

 

The funding will:

 

• enable councils to off-set some extra costs associated with kerbside recycling collections subject to guidelines

• improve council tendering processes to increase the production and use of recycled products

• fund community education initiatives to reduce kerbside recycling contamination

 

Funding guidelines and application forms were released on 10 April 2018. Applications for funding will be received by NSW EPA until 31 August 2018.  The funding will consider applications to offset costs incurred from 1 March 2018. The fund is a temporary relief fund only and applicants will be required to develop a strategic plan by 30 September 2018 for local action to continue household recycling services, manage the down turn in recycling commodity process and expand the market for recycled materials and products.

 

Netwaste is currently reviewing the funding program requirements, to establish opportunity for a co-ordinated funding application for participating councils.

 

 

ITEM 23 - MODIFICATION APPLICATION TO DELETE CONDITION 29 OF THE DEVELOPMENT CONSENT BEING DA 2016/128 FOR A LIMESTONE MINE AT 115 CANOMODINE LANE, CANOWINDRA

REPORT IN BRIEF

 

Reason For Report

To seek council's approval to modify a Notice of Development Consent

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

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

Annexures

Nil   

File Number

\Development Applications\DEVELOPMENT APPLICATION\2016\03-2016-0128 - 909294

 

 

Recommendation

 

THAT Modification Application 2016/218/3 to delete condition 29 of the Development Consent for a Limestone Mine upon land described as Lot 201 DP 1232203, 115 Canomodine Lane, Canowindra be granted consent.

 

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 s10.4 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 s10.4 of the Environmental Planning and Assessment Act 1979, a person making a public submission to Council in relation to a planning application made to Council is required to disclose political donations and gifts made within 2 years prior to the submission being made and concluding when the application is determined.

 

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

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

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

 

Nil planning application disclosures have been received. 

Nil public submission disclosures have been received. 

 

 

SUMMARY

 

The following report provides an assessment of the modification application submitted for the deletion of Condition 29 of the Development Consent applicable to Development Application 2016/128 for establishment of a limestone mine at 115 Canomodine Lane, Canowindra being land described a Lot 201 in DP 1232203.

 

The application has been referred to the Council, as the initial determination was granted by it.

 

It is recommended that the application be approved.

 

Applicant: Westlime Quarries Pty Ltd

Owner:      Mr P Wythes

Proposal:  Delete Condition 29 of the development consent.

Location:   Lot 201 DP 1232203, 115 Canomodine Lane, Canowindra being formerly describes as Lot 101 DP 1226317 and previously described as Lot 2 DP 590034, Lot 136 DP 664861 & Lot 137 DP 652082.

Zone:         RU1 Primary Production   

 

THE PROPOSAL

Development Consent was granted by council in December 2016 for the construction of a limestone mine at 115 Canomodine Lane, Canowindra. The proponent requests that Condition 29 of the Development Consent be deleted.

 

Condition 29 reads as follows:

 

29. ROAD REPAIR AND MAINTENANCE CONTRIBUTION

 

Objective

To ensure that the impact of the development on infrastructure is considered and appropriately mitigated.

 

Performance

Within six (6) months of the issue of this consent the proponent is required to enter into an agreement with Cabonne Council for payment of an annual road repair and maintenance based upon the heavy vehicle traffic generation for the development.

 

The contribution to council will apply to the repair and maintenance of Cargo Road (MR 237) from its intersection with Canomodine Lane and the intersection with the Canowindra – Cudal Road (MR 310). The contribution calculation is to be established by Cabonne Council. The proponent’s contribution will also include the costs to council of engaging environmental management expertise.’

 

 

Site Map

8105932

Location map

 

MATTERS FOR CONSIDERATION

Section 4.55(1A) of the Environmental Planning and Assessment Act 1979 requires Council to consider various matters in relation to modifying the approved development consent, of which those pertaining to the application are listed below.

 

The proposed modification has been assessed as a 4.55(1A) modification. 

 

(1A) Modifications involving minimal environmental impact

A consent authority may, on application being made by the applicant or any other person entitled to act on a consent granted by the consent authority and subject to and in accordance with the regulations, modify the consent if:

 

(a)  it is satisfied that the proposed modification is of minimal environmental impact, and

(b)  it is satisfied that the development to which the consent as modified relates is substantially the same development as the development for which the consent was originally granted and before that consent as originally granted was modified (if at all), and

(c)  it has notified the application in accordance with:

(i)         the regulations, if the regulations so require, or

(ii)        a development control plan, if the consent authority is a council that has made a development control plan that requires the notification or advertising of applications for modification of a development consent, and

(d)  it has considered any submissions made concerning the proposed modification within any period prescribed by the regulations or provided by the development control plan, as the case may be.

 

The proposed modification to delete Condition 29 is deemed to be of minor environmental impact, and therefore can be assessed under section 4.55(1A) of the Environmental Planning and Assessment Act 1979.

 

Comment

A road maintenance contribution may be negotiated as either a Voluntary Planning Agreement (VPA) or similar legal agreement, or via the terms of an operative Development Contributions Plan (previously referred to as a s94 contributions plan). As a VPA / legal agreement has not been achieved between the proponent and the consent authority, for a road maintenance levy applicable to the proponent’s proposed heavy haulage traffic use of Cargo Road; and that council’s Road Contributions Plan does not specifically address heavy vehicle haulage, council is unable to implement Condition 29 of the notice as issued.

 

The proponent seeks removal of the condition of consent. 

 

CONCLUSION

The proposed modification is permissible with the consent of Council. The modified development complies with the relevant aims, objectives and provisions of the LEP.  An assessment of the modification indicates that the proposal is acceptable in this instance, and that the request to delete condition 29 of the Notice of Consent be supported.

 

 

 

ITEM 24 - REQUEST FOR DONATION - DEVELOPMENT APPLICATION FEES PAID BY CUMNOCK VILLAGE PRE SCHOOL

REPORT IN BRIEF

 

Reason For Report

To obtain council approval to donate $619.51 to Cumnock Pre School

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

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

Annexures

Nil   

File Number

\Development Applications\DEVELOPMENT APPLICATION\2018\03-2018-0101 - 909356

 

 

Recommendation

 

THAT council donate $691.15 from its s356 budget to Cumnock Village Pre School, being the amount equivalent to Development Application, Construction Certificate & Section 68 application fees paid in association with Development Application 2018/101 for building alterations and extensions to provide an additional toilet on land described as Lot 5, Section 1, DP 5907 – 48 Obley Street, Cumnock.

 

Director of Environmental Services' REPORT

 

Council has received a request from Cumnock Village Pre School requesting council’s consideration of a donation of fees paid in association with DA 2018/101 for building alterations and extensions to provide an additional toilet at the pre-school located at 48 Obley Street, Cumnock, being Lot 5, Section 1, DP 5907.

 

The fees paid totalled $619.15 and consisted of the following:-

 

Development Application                               $110.00

Construction Certificate                                 $  85.45

Inspections                                                       $280.00

S68 Application                                               $  93.70

Occupation Certificate                                    $  50.00

 

Under Council’s policy staff are not authorised to donate the inspection fee or the occupation certificate fee.

 

The Development Application for the building alterations and additions has been approved, with development and construction consents granted on 20 February 2018. A Final Occupation Certificate was issued on 1 March 2018.

 

Council’s Donations policy (dated 17 December 2012) includes the following procedural statements:

 

1.      Development Application (DA) fees

Council will donate an amount equal to refunding the actual amounts paid as Council DA fees and charges, as defined, in instances relating to Council owned / controlled or Crown Land where the improvement would become a Council Asset.

 

Any requests for a refund/donation of DA fees by Not-For-Profit/Community Organisations will be submitted for consideration by Council with the amount to be refunded / donated to be determined on a case by case basis.

 

For clarity it is noted the following fees are not eligible for donation: statutory fees such as long service levy, advertising, planning reform (plan first levy) and other fees which may be charged including inspections, occupation certificate, subdivision, subdivision certificates, integrated development and principal certifying authority.

 

All fees associated with development applications, construction certificate applications and complying development applications are to be paid with the application.   Requests for a refund of DA fees are to be made in writing on the prescribed form, stating the grounds or reasons justifying why Council should donate an amount equal to the relevant fees.

 

Fees to be donated back to the applicant will only be donated after determination of the relevant application.

 

Council staff may process any such requests within the limits of the policy.   Any requests exceeding the policy are to be reported to Council for consideration.

 

ITEM 25 - DEVELOPMENT APPLICATION 2018/0064 - 295 NANCARROW LANE, NASHDALE

REPORT IN BRIEF

 

Reason For Report

For council's determination of a 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 DA 2018/0064    

File Number

\Development Applications\DEVELOPMENT APPLICATION\2018\03-2018-0064 - 910270

 

 

Recommendation

 

THAT Development Application 2018/0064 for an eco-tourist facility upon Lot 100 DP 1122908 known as 295 Nancarrow Lane, Nashdale be refused pursuant to s4.15 of the Environmental Planning and Assessment Act, as the development does not satisfy the requirements of clause 5.13 (eco-tourist facilities) of the Cabonne Local Environmental Plan 2012 or that the development satisfies the objectives of the RU2 zone.

 

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 s10.4 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 s10.4 of the Environmental Planning and Assessment Act 1979, a person making a public submission to Council in relation to a planning application made to Council is required to disclose political donations and gifts made within 2 years prior to the submission being made and concluding when the application is determined.

 

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

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

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

 

Nil planning application disclosures have been received. 

 

Nil public submission disclosures have been received. 

 

 

Summary

 

The following report provides an assessment of development application 2018/064 submitted initially for an eco-tourist facility and temporary use of land upon Lot 100 DP 1122908, known as 295 Nancarrow Lane, Nashdale. On 10 April 2018 the applicant notified council that the temporary land use component of the application was being withdrawn from the current proposal.

 

The assessment is referred to council as submissions opposing the development have been received by council.

 

In determining the development proposal, council is required to address the characterisation of the proposed development, to ensure any consent issued is lawful. It should be noted that tourist accommodation and function centres are not permissible land uses within the RU 2 zone that applies to the subject land. Likewise the definition of an eco-tourist facility is specific, and council will need to be satisfied that the proposed development meets the statutory definition and criteria for the proposed land use. An assessment of the revised application indicates that the proposed development does not satisfy the development criteria or the zone objectives.

 

It is recommended that the application be refused.

 

Applicant:          DC Partners (Nominees) Pty Ltd - Mark Smith, Director

Owner:               DC Partners (Nominees) Pty Ltd

Proposal:           Eco tourist facility

Location:            Lot 100 DP 1122908, 295 Nancarrow Lane, Nashdale

Zone:                  RU2 Rural Landscape

 

Background

The subject land is an ‘L’ shaped allotment, having an area of 2ha. It was approved for use as a rural industry site. An existing building located upon the holding was approved for conversion to an office used in association with the approved rural industrial land use. The property has since changed ownership and is not used for the authorised purpose.

 

The building ceased to have lawful residential use at the time of subdivision creating the present allotment. The current land owner has refurbished the building and advertises the premises for short term visitor accommodation, although aware that tourist and visitor accommodation / farm stay accommodation / bed and breakfast accommodation are not permissible land use activities upon the site. 

 

In October 2016 a Development Application was lodged with council seeking approval for establishment of tourist and visitor accommodation (farm stay) upon the allotment, as part of a broader development proposal to establish variously, intensive horticulture production of blueberry, raspberry, quince, strawberries, lime and lemon trees, flowers, in addition to glasshouse tomatoes, zucchini, lettuce, herbs and lavender, along with a processing factory that was to incorporate office/ meeting rooms/ viewing area, café, restaurant, biomass boiler, storage areas. Also proposed for the site was a farm manager’s residence, tourist manager’s residence, underground water treatment storage tanks, car and bus parking, a poultry barn, bee hives, and a picnic area with a petting zoo barn.

 

The planning assessment report, recommended refusal of the initial stage ‘farm stay’ application as being inconsistent with the land use permissibility clause of the LEP. The application was to be considered by council at its meeting of 20 December 2016. The council resolved to defer the item. On 3 January 2017 the applicant notified council that the application was to be withdrawn.

 

In October 2017 a development application was lodged for the multipurpose use of the subject land, being the proposed establishment of an eco-tourist facility and temporary use of land (functions and events). Following neighbourhood notification of the proposed development a summary of the submissions received was provided to the proponent for review and comment. Subsequently an amended development proposal was submitted for assessment.

 

The land owner addressed the council’s April 2018 Focus Meeting and indicated he was modifying his application further. He subsequently notified council that he is withdrawing the events and functions component of his application.

 

The proposal

The subject land is an ‘L’ shaped, 2ha allotment containing a former dwelling, sheds and a farm paddock. The surrounding area is predominantly apple and cherry orchards with cool stores, packing and machinery sheds. Small rural residential lots are scattered throughout the area.

 

The site is generally cleared land, with a change in relief of 10-15m from the western to east sides of the allotment. The slope of the site is estimated at between 8 – 10 %. No natural gullies, dams or streams impact the site.

 

Council approval is sought for the establishment of an eco-tourist facility incorporating the following:

 

·    Construction of 4 x one bedroom accommodation cabins

·    Conversion of part of the existing building for a communal kitchen, eating area, living areas, three bedrooms, bathroom, office, reception, meeting area

·    Internal driveway and carpark area for 11 vehicles including 2 disabled parking spaces, delivery docks

·    Perimeter landscaping (7m wide corridor as a bird sanctuary), and formal gardens

·    Two water tanks and water treatment tank

·    Demolition of an existing storage shed

 

The facility is proposed to accommodate up to 20 guests and will operate seven days a week, with up to four staff contracted to provide cleaning, gardening and site maintenance as required. The single storey cabins will have corrugated iron roof sheeting and solar panels, while details of the external wall construction / finish is currently unspecified.

 

The proponent intends to re-introduce native flora and fauna to the site to build connectivity to Mount Canobolas.  A 7m wide perimeter planting of trees, shrubs and grasses is proposed, with the intention of providing landscaping / windbreak / bird sanctuary. The proponent proposes to provide a native food experience for eco-tourist guests, as a collaborative partnership with the Orange Aboriginal Land Council.

 

 

Site Map

6027902Site plan

 

 

Subject land viewed from NW

 

Modified development plan submitted 10 April 2018

 

Aerial view to east – subject land in foreground

 

Concept plan prior to April modification to development proposal and now superseded (provided to assist in the review of issues raised by public submissions)

 

 

 

 

 

Concept design for cabins

 

 

MATTERS FOR CONSIDERATION

 

Section 4.15 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 s4.15 / formerly s79C(1)(a)(i)

 

Clause 1.2  Aims of the Plan

The broad aims of the LEP are as follows:

 

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

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

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

 

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

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

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

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

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

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

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

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

 

Clause 1.9A Suspension of covenants, agreements and instruments

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

 

·    Covenants imposed or required by council

·    Prescribed instruments under s183A of Crown Lands Act 1989

·    Any conservation agreement under National Parks and Wildlife Act 1974

·    Any trust agreement under the Nature Conservation Trust Act 2003

·    Any property vegetation plan under the Native Vegetation Act 2003

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

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

         

                Mapping

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

     

Land zoning map

Land zoned RU2 Rural Landscape

Lot size map

Minimum lot size 100 ha (NA)

Heritage map

Not a heritage item or conservation area

Terrestrial Biodiversity Map

No biodiversity sensitivity on the subject land

Flood planning map

Not within a flood zone

Natural resource – karst map

Not within a karst area

Drinking water catchment map

Is within a drinking water catchment area

Riparian land and watercourse map, groundwater vulnerability map

Groundwater vulnerable

Land reservation acquisition map

NA

 

      These matters are addressed in the report following.

 

Cabonne Local Environmental Plan 2012

The subject land is zoned RU2 Rural Landscape by the Cabonne Local Environmental Plan 2012.  An eco-tourist facility is permissible within this zone, subject to council’s development consent.

 

Eco-tourist facility means a building or place that:

 

(a)  provides temporary or short-term accommodation to visitors on a commercial basis, and

(b)  is located in or adjacent to an area with special ecological or cultural features, and

(c)  is sensitively designed and located so as to minimise bulk, scale and overall physical footprint and any ecological or visual impact.

 

It may include facilities that are used to provide information or education to visitors and to exhibit or display items.

 

Note.  See clause 5.13 for requirements in relation to the granting of development consent for eco-tourist facilities. Eco-tourist facilities are not a type of tourist and visitor accommodation—see the definition of that term.

 

The following definitions are provided as they are relevant to the assessment of the proposal:

 

Farm stay accommodation means a building or place that provides temporary or short-term accommodation to paying guests on a working farm as a secondary business to primary production.

 

Function centre means a building or place used for the holding of events, functions, conferences and the like, and includes convention centres, exhibition centres and reception centres, but does not include an entertainment facility.

 

Tourist and visitor accommodation means a building or place that provides temporary or short-term accommodation on a commercial basis, and includes any of the following:

(a)  backpackers’ accommodation,

(b)  bed and breakfast accommodation,

(c)  farm stay accommodation,

(d)  hotel or motel accommodation,

(e)  serviced apartments,

but does not include:

(f)  camping grounds, or

(g)  caravan parks, or

(h)  eco-tourist facilities.

 

Comment

The development proposal satisfies part (a) of the definition of an eco-tourist facility, as it proposes short term accommodation to visitors on a commercial scale. The subject land is currently a highly modified landscape, surrounded by orchards and farm land, and does not satisfy the criteria of part (b) of the definition of being in, or adjacent, an area of special ecological or cultural features. The scale of the development is likely to have visual impact.  The subject land is cleared farm land, with elevated views to the north east. Until perimeter landscaping is planted and established the four single bedroom cabins will have visual impact upon the rural landscape. As there is no existing ecological site sensitivity the development cannot be meaningfully assessed against criteria (c).

 

 

Objectives of the RU2 Rural Landscape zone

The zone objectives seek:

 

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

·    To maintain the rural landscape character of the land.

·    To provide for a range of compatible land uses, including extensive agriculture.

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

·    To provide for a range of tourism-related uses that support the agricultural industry or are compatible with agricultural uses.

·    To protect drinking water catchments from the impacts of development by minimising impacts on the quality and quantity of water entering drinking water storages.

 

The proposed development is generally inconsistent with the aims, in that it seeks to introduce a commercial tourism based operation within an area of established orchards and extensive agriculture, with potential to generate land use conflict.

 

Part 4 – Principal development Standards

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

 

Part 5 – Miscellaneous provisions

Clause 5.13 Eco-tourist facilities

The objectives of this clause are as follows:

 

(a)  to maintain the environmental and cultural values of land on which development for the purposes of eco-tourist facilities is carried out,

(b)  to provide for sensitively designed and managed eco-tourist facilities that have minimal impact on the environment both on and off-site.

 

Comment: The subject land is highly modified farm land, cleared of native vegetation, hence the proposed development does not satisfy the above objectives. 

 

The consent authority must not grant consent to carry out development for the purposes of an eco-tourist facility unless it is satisfied that:

 

(a)  there is a demonstrated connection between the development and the ecological, environmental and cultural values of the site or area, and

(b)  the development will be located, constructed, managed and maintained so as to minimise any impact on, and to conserve, the natural environment, and

(c)  the development will enhance an appreciation of the environmental and cultural values of the site or area, and

(d)  the development will promote positive environmental outcomes and any impact on watercourses, soil quality, heritage and native flora and fauna will be minimal, and

(e)  the site will be maintained (or regenerated where necessary) to ensure the continued protection of natural resources and enhancement of the natural environment, and

(f)  waste generation during construction and operation will be avoided and that any waste will be appropriately removed, and

(g)  the development will be located to avoid visibility above ridgelines and against escarpments and from watercourses and that any visual intrusion will be minimised through the choice of design, colours, materials and landscaping with local native flora, and

(h)  any infrastructure services to the site will be provided without significant modification to the environment, and

(i)  any power and water to the site will, where possible, be provided through the use of passive heating and cooling, renewable energy sources and water efficient design, and

(j)  the development will not adversely affect the agricultural productivity of adjoining land, and

(k)  the following matters are addressed or provided for in a management strategy for minimising any impact on the natural environment:

(i)  measures to remove any threat of serious or irreversible environmental damage,

(ii)  the maintenance (or regeneration where necessary) of habitats,

(iii)  efficient and minimal energy and water use and waste output,

(iv)  mechanisms for monitoring and reviewing the effect of the development on the natural environment,

(v)  maintaining improvements on an on-going basis in accordance with relevant ISO 14000 standards relating to management and quality control.

 

Comment

The site is described in the Statement of Environmental Effects  (SoEE) as ‘being highly modified from its natural state … the site currently has little biodiversity or habitat value. Furthermore, the ecological assessment undertaken for the site has identified that no native vegetation communities were recorded. The surrounding locality is typified by orchards, vineyards, grazing, concessional lots and associated dwellings’.

 

The SoEE continues ‘The vegetation within the study area is not part of a continguous stand of native vegetation. The nearest large patch of native vegetation is the Mount Canobolas State Conservation Area … one (1) kilometre from the subject area’, and separated from the subject land by farm land. No threatened flora or fauna were recorded in the subject site during field assessment.

 

The proponent notes the subject land’s proximity to the Mount Canobolas State Conservation Area as an opportunity to provide links to flora and fauna, subject though to other landowner’s in the area being willing to participate in an ecological corridor projects of unspecified nature and intent. The eco-tourist facility is considered by the proponent to introduce the link of Aboriginal cultural values.

 

The development may satisfy criteria (f) and (i), but generally does not satisfy the other criteria listed. In particular, criteria (e) relates to maintaining existing ecology and / or regenerating bush land. The subject land comprises a 2 ha allotment of cleared farm land. Maintaining existing ecology or regenerating vegetation cannot be achieved.  

 

It is proposed to landscape the western, northern and eastern boundaries of the site with unspecified native species of trees, shrubs and grasses, to form a bird sanctuary corridor surrounding the 2ha allotment. Additional landscaping is proposed along the southern boundary where practical.

 

The landscape plan submitted does not provide a detailed species key to the planting, although an ecological assessment report identifies a range of trees, shrubs, ground covers and native grasses suitable to the area. The perimeter planting is to be on average 7m wide. Additional information provided by the applicant indicates that perimeter landscaping will have a height of 2-3m. The majority of the site is to be established as lawns, pathways, specimen trees and roses, and a vegetable plot.

 

The proponent seeks to commence the perimeter landscaping prior to establishing the eco-tourist facility, noting that the perimeter landscaping (native revegetation / bird sanctuary) will not have been established prior to commencement of the business.

 

Part 6 – Additional local provisions

Clause 6.4 Groundwater vulnerability

Clause 6.5 Drinking water catchments

The subject land is identified as groundwater vulnerable and drinking water catchment in the Cabonne LEP 2012 mapping. The objectives of clause 6.4 Groundwater Vulnerable are as follows:-

a.   To maintain the hydrological functions of key groundwater systems,

b.   To protect vulnerable groundwater resources from depletion and contamination as a result of development.

 

The objective of clause 6.5 Drinking Water Catchments is to protect drinking water catchments by minimising the adverse impacts of development on the quality and quantity of water entering drinking water storages.

 

A site and soil evaluation for on-site wastewater management report provided with the application indicated that up to 4,000m² of the south east corner of the subject land was to be used as an agricultural area and would be available for effluent irrigation, along with the 10m wide landscape corridor along the eastern and northern boundaries of approximately 3,000m², providing approximately 7,000m² of land available for effluent irrigation.

 

The initial effluent study and site soil evaluation study identified major constraints to land application of effluent, including the small size of the subject land, limited evaporation rates during winter, proximity of an on-site groundwater bore designated for domestic water supply, and effect on evaporation rate from shade cast by trees.

 

Results from the nutrient and hydraulic modelling of the site indicated that surface and / or subsurface irrigation of advanced / tertiary wastewater, with wet weather storage and capacity for offsite removal was the preferred strategy for the site. A commercial aerated wastewater treatment system with tertiary bacterial treatment was recommended. Designated buffer or setback distances would be required to ensure off site impacts to groundwater and groundwater dependent eco systems is slight to non-existent.

 

Given that the applicant has modified the scope of the proposed development from that as initially submitted, a revised on site effluent study would be required should the eco-tourist facility be approved and the development proceed.

 

Subject to the installation of an appropriate on-site effluent disposal system (in accordance with AS/NZS 1547:2000 On-site Domestic Wastewater Management) the potential impact on groundwater was deemed manageable.

 

6.8 Essential services

Council is satisfied that the following essential services are available to the subject land:

a.   The supply of water

b.   The supply of electricity

c.   The disposal and management of sewerage

d.   Stormwater drainage, and

e.   Suitable vehicle access

 

The applicant has indicated that essential services are available. Water is to be provided by way of rain water tanks and a domestic bore. A suitably designed on-site waste management treatment system is proposed for the site and will be subject to separate assessment should the development be approved. Electricity is available to the site and solar panels are proposed as part of the development for sustainability. Stormwater drainage and adequate vehicular access may be addressed via conditions of development consent.

 

 

REGIONAL ENVIRONMENTAL PLANS

 

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

 

 

STATE ENVIRONMENTAL PLANNING POLICIES

 

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

 

PROVISIONS OF ANY DRAFT ENVIRONMENTAL PLANNING INSTRUMENT THAT HAS BEEN PLACED ON EXHIBITION s4.15 / formerly 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 s4.15 / formerly s79C(1)(a)(iii)

 

Development Control Plan No 5 – General Rural Zones applies to this development. The proposed development complies with the aims and objectives of DCP No 5.

 

PROVISIONS PRESCRIBED BY THE REGULATIONS s4.15 / formerly s79C(1)(a)(iv)

 

The proposal does not contravene relevant provisions of the regulations.

 

THE LIKELY IMPACTS OF THE DEVELOPMENT s4.15 / formerly s79C(1)(b)

 

Context & Setting

The scale of the proposed development has been reduced from that initially submitted. The proposal seeks the construction of four cabins and ancillary infrastructure, as well as implementation of perimeter landscaping.

 

The development of the site as an eco-tourist facility will likely have an impact upon the visual amenity of the surrounding rural landscape. The cabins will be located within 7m of the rural industrial cool store buildings located on adjoining land to the south, and 40m from the established orchard located on adjacent land to the east. Council’s development guidelines recommend a buffer of at least 100m between a residential building and adjacent farm land. This is to ensure that development will not be affected by farm activities (ie chemical spray) and will not cause land-use conflict.

 

Access & traffic

Access to the site is via Nancarrow Lane. The road reserve in the vicinity pf the development was previously Crown land, being transferred to Cabonne Council in November 2017. The formation of the road servicing the development and surrounding farm land from its intersection with Mount Lofty Road is generally suitable for single lane traffic use, the road being 4m wide.

 

The Acting Development Engineer has advised that the lane requires widening and upgrading, especially in the vicinity of a 90 degree bend, to accommodate safety the proposed development. Nancarrow Lane, from Mount Lofty Road to Cargo Road is on average 7m wide and in reasonable condition. Should the development be approved a condition of consent should be included requiring the widening of Nancarrow Lane in the vicinity of the development, to a minimum sealed carriageway of 5m width.

 

Existing single lane road surface 4m wide

 

The applicant proposed to construct a new 10m wide driveway to be constructed to service the development.  The revised plans show provision of 12 on-site vehicle parking spaces. The Acting Development Engineer requires as a draft condition of consent that the proposed access to the subject land be constructed having a minimum BAR/BAL intersection treatment design to enable safe ingress/ egress.

 

 

THE SUITABILITY OF THE SITE s4.15 / formerly s79C(1)(c)

 

Physical Attributes and Hazards

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

 

DEVELOPMENT CONTRIBUTIONS s 7.11

 

The Bushfire Services Development Contribution Plan applies to the proposed development. A contribution of $402.40 for bushfire brigade services applies to the proposed development.

 

ANY SUBMISSIONS MADE IN ACCORDANCE WITH THE ACT s4.15 / formerly s79C(1)(d)

 

The initial development proposal was neighbourhood notified.  Four submissions were received by the close of the exhibition phase. The submissions relate to the initial development that included the eco-tourist facility and the temporary use of the site for hosting events and functions. The latter mentioned land uses are now withdrawn from the application. The issues contained within the submissions are addressed as follows:

 

 

Issues

Comments

Submission 1

Nancarrow Road is inadequate for traffic currently using it, let alone an increase in road users. The road has blind corners, is narrow, and lacks areas to pull off.

New owner of subject site has created friction with farming neighbours by lodging complaints to government agencies relating to perceived land use conflicts.

Biosecurity risk to adjacent orchards if a blueberry farm is established.

Existing building located on-site is currently used as an unauthorised farm stay business.

Predominant activity in proximity to subject land is intensive agriculture (orchards). Mr Smith acquired the land aware of the predominant land uses

 

Assessment and draft conditions of consent provided by Council’s Acting Development Engineer. In addition, the Cargo Road intersection was inspected by RMS.

 

Noted.

 

 

 

Noted. Not part of DA.

 

Noted.

 

 

Noted.

Submission 2

Road is inadequate for traffic currently using it (school bus, trucks carting fruit, workers and residents), let alone an increase in road users. Road has blind corners, is narrow, and lacks areas to pull off.

New owner of subject site has created friction with complaints to agencies relating to perceived land use conflicts.

Orchard cool stores (rural industry) operate on the southern boundary of the subject land. Potential for land use conflict between the ongoing use of the cool stores and the proximity of the four accommodation cabins.

Opposed to sewerage waste water being processed next to the submission maker’s boundary.

Introduction of an organic farm, including blue berry production, has potential for serious biosecurity threat to established adjacent orchards.

Subject land is currently being used as a farm stay accommodation business.

 

Assessment and draft conditions of consent provided by Council’s Acting Development Engineer. Cargo Road intersection reviewed by RMS.

 

 

Noted.

 

 

 

Noted.

 

 

 

 

 

Scale of development has been reduced. Events and functions have been withdrawn from the proposal.

 

 

Noted. Not part of DA.

 

 

 

Noted.

Submission 3

Inadequate road to deal with increased traffic, especially buses. Inadequate room to be able to move to side of road.

Proposed development not condusive to long standing existing horticultural and agricultural businesses located in the vicinity.

Organic farming would impact on surrounding farming.

Negative impact to current appeal of the area as a place to live, with added noise and traffic.

Proposed wedding venue looks directly onto adjacent property and dwelling.

Excessive noise likely to be generated as a wedding reception venue.

Potential for excessive demand on a small block.

 

Assessment and draft conditions of consent provided by Council’s Acting Development Engineer. Cargo Road intersection reviewed by RMS.

 

Noted.

 

 

 

 

Noted.

 

 

Events and functions have been withdrawn from the proposed development.

 

Comments as above.

 

Noted.

 

Submission 4

DA is inconsistent with original subdivision approval based on use of the site as a cherry growing and marketing facility.

DA is inconsistent with aims of CLEP 2012 and is in direct conflict with neighbouring land use. The development will be intrusive and incompatible with the surrounding land uses. Nancarrow Lane is a single lane ‘no through road’.

DA does not comply with CLEP 2012 clause 2.8 Temporary Use of Land as permanent structures are required to enable the temporary land use to occur. Unlikely that the usage of the site will be audited or controlled.

DA does not conform to CLEP 2012 dictionary definition of Eco-tourism facility. There is little genuine evidence of ecological or environmental connection between the development and the site. There are no residual stands of native timber on the site, and no direct link or access to the Mt Canoboolas forest. The proposal is strongly linked to commercial activity rather than ecological sensitivity. Location of water tanks on the SW boundary will be highly visible.

DA SoEE is inaccurate and potentially misleading, in particular ‘Likely impacts of the development’.

The development more accurately is a type of tourist and visitor accommodation and special events venue.

Noise from events including weddings will be amplified and effect nearby residents especially during evenings.

Traffic congestion and safety are an issue. Potential for overflow parking on Nancarrow Lane would be a significant road safety risk. The roadway is unsuitable for additional traffic.

Rural vista will be impacted by commercial infrastructure and associated traffic.

Even with the best of intentions it will take years for the boundary landscaping to become established.

Nancarrow Lane at the southern end is Crown land.

A new fence has recently been constructed enclosing a section of Nancarrow Lane and excluding road users from public land.

 

 

DA to be considered under current legislation.

 

 

Scale of development has been reduced by removal of events and functions component.

 

 

 

 

 

Comment as above.

 

 

 

 

Noted.

 

 

 

 

 

 

 

 

 

 

 

 

 

Noted.

 

 

 

 

 

 

 

Functions and events have been withdrawn from the development application.

Parking is required to be provided on site.

Widening of Nancarrow Lane is required should the development proceed.

Development proposal has been reduced in scale.

 

Noted.

 

 

The land is Council road reserve.

 

New fence constructed upon surveyed boundary. Existing fences along eastern side if Nancarrow Lane appear to not be located on the lot boundaries.

 

Each of the points raised in the submission are addressed in the table above.

 

CONSULTATION
The development proposal was referred to the RMS for review and comment pursuant to section 88(1) of Environmental Planning and Assessment Regulation 2000.

 

The initial development included temporary use of land for events and functions, with capacity for patronage of between 130 and 200 persons. Based on the traffic generating nature of the combined development RMS assessment indicated that the intersection of Cargo Road and Nancarrow Lane, especially for vehicles turning from, and towards, Orange was inadequate. RMS required upgrading of the intersection as part of the application. The removal of the event / function component of the development application reduces the traffic movements generated by the proposed development.

 

 

PUBLIC INTEREST s4.15 / formerly s79C(1)(e)

 

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

 

 

CONCLUSION

The proposed development is permissible with the consent of Council. An eco-tourist facility is a permissible land use subject to development consent. In assessing the application it is considered that the development does not satisfy the LEP standards for an eco-tourist facility. The development also is generally contrary to the objectives of the zone.

 

The council will need to consider the characterization of the proposed development and the development’s relationship to the criteria for establishing an eco tourist facility.

 

A section 4.15 (formerly s79C) assessment of the development indicates that the development is inconsistent with the relevant planning provisions. The proposal is more accurately defined as tourism and visitor accommodation, to which that land use is a prohibited activity within the RU2 zone. It is suggested that the application be refused.

 

Council, upon considering the application and the assessment report may however consider to either approve the application, or refuse it. While it is recommended that the application be refused, a draft Notice of Approval has been attached for the information of council.

 

ITEM 26 - DEVELOPMENT APPLICATION DA2013/0117/1
REMOTE CONTROL CAR TRACK (MODIFICATION TO HOURS OF OPERATION) LOT 3 DP 866377 SMITH ROAD, CLERGATE

REPORT IN BRIEF

 

Reason For Report

For Council determination of a 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.  DA2013/0117/1 Draft conditions of consent    

File Number

\OFFICIAL RECORDS LIBRARY\DEVELOPMENT AND BUILDING CONTROLS\BUILDING AND DEVELOPMENT APPLICATIONS\REPORTING - DEVELOPMENT APPLICATIONS TO COUNCIL - 906227

 

 

Recommendation

 

THAT Modification of Consent 2013/0117/1 for a Recreational Area (Remote Control Car Club) upon Part Lot 3 DP 866377, Smith Road, Clergate, be granted consent subject to the modified conditions attached.

 

Town Planners' 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 s10.4 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 s10.4 of the Environmental Planning and Assessment Act 1979, a person making a public submission to Council in relation to a planning application made to Council is required to disclose political donations and gifts made within 2 years prior to the submission being made and concluding when the application is determined.

 

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

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

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

 

Nil planning application disclosures have been received. 

 

Nil public submission disclosures have been received. 

 

 

SUMMARY

 

The following report provides an assessment of the modification of Development Consent submitted for Recreational Facility (Remote Control Race Track) at Lot 3 DP 866377, 281 Mulyan Road, Clergate pursuant to Clause 4.55(1) of the Environmental Planning and Assessment Act 1979.

 

The application has been referred to the Council for determination as the original Development Application (DA13/0117) was determined by the Council.  

 

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

 

Applicant: Robert Collings

Owner:      PA Culverson

Proposal:  Recreational Facility

Location:   Lot 3 DP 866377

Zone:         RU1 Primary Production

 

THE APPROVED DEVELOPMENT

Council approval was granted for the use of part of the subject land for a remote control car track (outdoor recreation area). The area identified by the club for its use consists of 280m² and is located midway along the Smith Road frontage and approximately 90m from the western boundary of the subject land. Consent was granted for the use of the site periodically for race days and practice sessions during the following times:-

 

-     Every six (6) weeks for  a race day which involves around a maximum of 30 club members racing their remote control cars throughout the day in different categories. The racing starts at 9am and finishes at approximately 5pm.

-     All other days between 9am and 6pm for practice sessions. No more than 10 club members at a time. Practice sessions will also be used for maintenance of the track.

A porta-loo is provided by the club as a temporary amenities facility and general waste is collected in garbage bins, both of which are removed at the end of each race day or practice session. Club members also have access to the motor-cross track amenities which are located on the subject land. 

PROPOSED MODIFICATION

The applicant seeks consent to modify conditions 1 and 2 of the development consent in regard to the approved frequency of the practice (Saturday) and race days (Sunday) from once every 6 weeks to once a month (increasing from a maximum of 9 to 12 times within a 12 month period). In addition, the hours of operation for each practice and race day are to be extended from 9am to 5pm to 9am to 6pm.

 

Site Map

Subject Site

 

SUBJECT SITE

The subject site, Lot 3 DP 866377 on Mulyan Road, Clergate is a rural allotment with an area of 9.193 Ha. The lot has frontage to Mulyan Road, an unsealed rural road. There is a previously approved motorcycle track (DA1985/82) as well as the subject remote control track.

 

INTEGRATED DEVELOPMENT:

Fisheries Management Act 1994

No

Heritage Act 1977

No

Mine Subsidence Compensation Act 1961

No

National Parks & Wildlife Act 1974

No

Protection of the Environment Operations Act 1997

No

Roads Act 1993

No

Rural Fires Act 1997

No

Water Management Act 2000

No

Comment: The proposed modification is not Integrated Development pursuant to Clause 4.46 of the Environmental Planning and Assessment Act 1979. 

 

MATTERS FOR CONSIDERATION

Section 4.55(1A) of the Environmental Planning and Assessment Act 1979 requires Council to consider various matters in relation to modifying the approved development consent, of which those pertaining to the application are listed below.

 

The proposed modification has been assessed as a 4.55(1A) modification due to the minor environmental impacts that the relocation of the dwelling and change in floor plan will have on the subject site or adjoining allotments.

 

(1A) Modifications involving minimal environmental impact

A consent authority may, on application being made by the applicant or any other person entitled to act on a consent granted by the consent authority and subject to and in accordance with the regulations, modify the consent if:

(a)  it is satisfied that the proposed modification is of minimal environmental impact, and

(b)  it is satisfied that the development to which the consent as modified relates is substantially the same development as the development for which the consent was originally granted and before that consent as originally granted was modified (if at all), and

(c)  it has notified the application in accordance with:

(i)         the regulations, if the regulations so require, or

(ii)        a development control plan, if the consent authority is a council that has made a development control plan that requires the notification or advertising of applications for modification of a development consent, and

(d)  it has considered any submissions made concerning the proposed modification within any period prescribed by the regulations or provided by the development control plan, as the case may be.

Subsections (1), (2) and (5) do not apply to such a modification.

 

PROVISIONS OF ANY ENVIRONMENTAL PLANNING INSTRUMENT s4.15(1)(a)(i)

Clause 1.2  Aims of the Plan

The broad aims of the LEP are as follows:

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

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

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

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

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

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

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

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

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

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

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

 

Clause 1.9A Suspension of covenants, agreements and instruments

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

·    Covenants imposed or required by council

·    Prescribed instruments under s183A of Crown Lands Act 1989

·    Any conservation agreement under National Parks and Wildlife Act 1974

·    Any trust agreement under the Nature Conservation Trust Act 2003

·    Any property vegetation plan under the Native Vegetation Act 2003

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

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

         

      Mapping

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

     

Land zoning map

Land zoned RU1 Primary Production

Lot size map

Minimum lot size 100 Ha

Heritage map

Not a heritage item or conservation area

Terrestrial Biodiversity Map

Biodiversity sensitivity on the subject land

Flood planning map

Not within a flood zone

Natural resource – karst map

Not within a karst area

Drinking water catchment map

Not within a drinking water catchment area

Riparian land and watercourse map, groundwater vulnerability map

Groundwater vulnerable and riparian land.

Land reservation acquisition map

Not applicable.

 

      These matters are addressed in the report following.

 

Cabonne Local Environmental Plan 1991

The subject land was zoned 1(a) General Rural under Clause 9 of the Cabonne Local Environmental Plan 1991. The modification to the approved Recreational Area is permissible with consent in this zone, subject to Council’s development consent.

 

The LEP definition of a recreation area is as follows:

An area used for sporting activities of facilities, or

An area used to provide facilities for recreational activities which promote the physical, cultural or intellectual welfare of persons within the community, being facilities provided by:

(i)         A public authority, or

(ii)        A body of persons associated for the purposes of the physical, cultural or intellectual welfare if person within the community.

 

The development may also be defined under the Cabonne Local Environmental Plan 2012 as a recreation facility (outdoor) which means;

a building or place (other than a recreation area) used predominantly for outdoor recreation, whether or not operated for the purposes of gain, including a golf course, golf driving range, mini-golf centre, tennis court, paint-ball centre, lawn bowling green, outdoor swimming pool, equestrian centre, skate board ramp, go-kart track, rifle range, water-ski centre or any other building or place of a like character used for outdoor recreation (including any ancillary buildings), but does not include an entertainment facility or a recreation facility (major).

 

REGIONAL ENVIRONMENTAL PLANS

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

 

STATE ENVIRONMENTAL PLANNING POLICIES

State Environmental Planning Policy No. 44

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

 

PROVISIONS OF ANY DRAFT ENVIRONMENTAL PLANNING INSTRUMENT THAT HAS BEEN PLACED ON EXHIBITION s4.15(1)(a)(ii)

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

 

PROVISIONS OF ANY DEVELOPMENT CONTROL PLAN s4.15(1)(a)(iii)

 

Development Control Plan No 5 – General Rural Zones applies to this development.

 

Development Control Plan No. 5 applies to the subject land. The objectives of the DCP, in part, are to enable other forms of development to be carried out on land within the General Rural Zone provided that such uses are in keeping with the rural character of the locality and are compatible with the existing or likely future land uses. While there are no regulations for outdoor recreation areas the proposed modification complies with the requirements under DCP No. 5 General Rural Zones.

 

PROVISIONS PRESCRIBED BY THE REGULATIONS s4.15(1)(a)(iv)

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

 

THE LIKELY IMPACTS OF THE DEVELOPMENT s4.15(1)(b)

Context and Setting

The subject site is surrounded by rural allotments utilised for agricultural land uses with six dwellings being within a one kilometre radius. A condition of consent for the original application required perimeter landscaping to be established to minimise any impacts to adjoining properties. The minor increase in the number of approved practice and race days on the site (from a maximum of 9 to 12 times within 12 months) will have minimal additional impact on the surrounding area.

 

Access and Traffic

The proposed modification will result in minor increases Mulyan Road (sealed) and Smith Road (unsealed). Traffic will not increase for each practice or race day, but there will be minor cumulative increases as a result of the modification. The minor increases will be temporary in nature and are deemed acceptable in this instance.

 

Visual Impact

The proposed modification does not include the construction of any structures or tracks. There will be no increased visual impact as a result of this modification.

 

Water Quality

At present an existing on site dam is utilised to water the track to suppress dust during practice and race days. The proposed modification will not impact this, and the dam will continue to be utilised to water the track.

 

Flora and Fauna

The proposed modification does not include the removal of any vegetation and is unlikely to have a significant impact upon ecological communities, threatened species or their habitats.

 

Utilities

The proposed modification will not impact upon the existing arrangements for utilities. A porta-loo will continue to be provided on practice and race days.

 

Noise

The proposed modification of the development seeks to increase the approved days of operation from once every six weeks to once a month, which will result in a maximum number of 12 events a year (up from the previous maximum of 9). There will be no increase in the noise levels associated with the recreation area as part of this modification therefore the proposed modification will have minimal impact in regard to noise. 

 

Technological Hazards

There are no known technological hazards that may impede the proposed modification.

 

Signage

No changes to the existing signage are proposed as part of this modification.

 

THE SUITABILITY OF THE SITE s4.15(1)(c)

The subject land was zoned 1(a) General Rural under the provisions of the Cabonne LEP 1991. The land is now zoned RU1 Primary Production under Cabonne LEP 2012. A recreation area (outdoor) for a remote control car track is permissible with consent in the zone. An assessment of the proposed modification has been undertaken to determine the potential impacts of the development. The subject site is considered suitable for the proposed modified development, subject to conditions.

 

Physical Attributes and Hazards

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

 

DEVELOPMENT CONTRIBUTIONS

 

No contributions apply to the proposed modification.

 

ANY SUBMISSIONS MADE IN ACCORDANCE WITH THE ACT s4.15(1)(d)

 

The proposed modification of the development consent is not advertised development.

 

The proposed modification of the development consent was neighbourhood notified for a period of 14 days. During this period no submissions were received.

 

INTERNAL REFERRALS

 

Health and Building: No changes to conditions of consent.

Development Engineer: No changes to conditions of consent.

 

PUBLIC INTEREST s4.15(1)(e)

 

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

 

CONCLUSION

The proposed modified development is permissible with the consent of Council. The modified development complies with the relevant aims, objectives and provisions of the LEP.  A section 4.15 assessment of the modified development indicates that the development is acceptable in this instance.  Attached is a draft Modified Notice of Approval outlining the proposed changes to conditions 1 and 2 of the Development Consent to ensure that the development proceeds in an acceptable manner.

 

 

 

ITEM 27 - DEVELOPMENT APPLICATION 2018/0084 RESTAURANT AND CELLAR DOOR 194 NANCARROW LANE, NASHDALE

REPORT IN BRIEF

 

Reason For Report

For Council determination of a 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.  Attachment Plan

2.  DA2018/0084 Draft conditions of consent    

File Number

\Development Applications\DEVELOPMENT APPLICATION\2018\03-2018-0084 - 910016

 

 

Recommendation

 

THAT Development Application 2018/0084 at Lot B DP 179711, 194 Nancarrow Lane, Nashdale, be granted consent for a restaurant, subject to the conditions attached.

 

Town Planners' 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 s10.4 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 s10.4 of the Environmental Planning and Assessment Act 1979, a person making a public submission to Council in relation to a planning application made to Council is required to disclose political donations and gifts made within 2 years prior to the submission being made and concluding when the application is determined.

 

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

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

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

 

Nil planning application disclosures have been received. 

Nil public submission disclosures have been received. 

 

 

SUMMARY

 

The following report provides an assessment of the development application submitted for a Restaurant and Cellar Door Premises at Lot B DP 179711, 194 Nancarrow Lane, Nashdale. 

 

The application has been referred to the Council for determination as eight (8) submissions have been received during the notification period.

 

It is recommended that the application be approved for a restaurant only, subject to conditions of consent.

 

Applicant: Printhie Wines C/ Peter Basha Planning and Development

Owner:      Balmoral Swift Pty Ltd

Proposal:  Restaurant and Cellar Door Premises

Location:   Lot B DP 179711, 194 Nancarrow Lane, Nashdale

Zone:         RU2 Rural Landscape

 

THE PROPOSAL

The applicant seeks consent to construct a building to house the proposed restaurant and Cellar Door Premises on the subject site as well as associated earthworks, off street parking, vineyard and access. The restaurant and Cellar Door Premises will have a combined area capacity of 240 people, with the building having an area of 662.3m2 and the outdoor dining area of 156.7m2.

 

The proposed building will be of a ‘T’ configuration, with the east-west long axis being a gable design, with the end of the gables being concrete tilt panels. Other externals walls will be cladded in metal, with glass windows facing north.

 

The building will consist of:

·    Restaurant

·    Cellar Door Premises

·    Commercial Kitchen

·    Cellar

·    Amenities

·    Office

·    Storage area

·    Access to the building via path to the eastern side of the building

 

In addition, there will be two (2) outdoor eating areas. One each on the northern and eastern sides.

 

The building is proposed to have capacity for 240 persons:

·    70 persons in the Restaurant (Inside)

·    40 persons in the Outdoor Seating adjacent to the restaurant

·    70 persons in the Cellar door premises (inside)

·    60 persons in the Outdoor Tasting Pavilion adjacent to the Cellar Door Premises

·    Up to 12 employees at any one time

 

The development proposes vehicle access to the site from Nancarrow Lane via an existing access which will be upgraded to an all-weather standard. All vehicles will exit the site via Mount Lofty Road (which will also be used as an entrance for commercial vehicles and buses). On-site parking will be provided, with 30 spaces identified on the plans. Over-flow parking is identified to cater for peak periods.

 

The proposed hours of operation for both the cellar door premises and the restaurant are:

·    Monday to Sunday 9am-12midnight.

 

The applicant has also proposed to plant 1.6ha of vineyards to support the Cellar Door Premises (although it is noted that only 1.06Ha are marked on the submitted plans.

 

The proposed cost of development is $1,000,000.

 

SITE MAP

Subject Site

 

Proposed Development

Proposed Building

Elevations

 

SUBJECT SITE

The subject site is Lot B DP 179711, known as 194 Nancarrow Lane, Nashdale. The lot is 22.61ha in area with a fall of approx. 10m south to north across the site. The lot has frontage to Nancarrow Lane (East) and Mount Lofty Road (South).

 

At present the site consists of a significant portion of existing apple orchards (generally in the western side of the allotment) and a large organic vegetable garden in the north-western corner. A number of retained sheds and a dwelling are in the north-eastern corner used to support the previous/ current agricultural uses of the site. A large Dam provides water to the site and is located on the western side of the sheds and dwelling in the north-eastern corner of the lot. The dam is fed by ‘Coleman’s Creek’ an intermittent water course that drains from the surrounding Canobolas area. Existing access is provided from Nancarrow Lane with an additional access via Mount Lofty Road. The Mount Lofty Road access has previously been utilised as a farm vehicle access. Both accesses are proposed to be upgraded as part of the development.

 

The surrounding area comprises a number of orchard enterprises and ancillary dwellings with orchards being located on lots to the north, south, east and west. The broader area comprises small to medium rural allotments being utilised for similar agricultural land uses. 

 

A site inspection was conducted on 16/03/18.

 

INTEGRATED DEVELOPMENT:

Fisheries Management Act 1994

No

Heritage Act 1977

No

Mine Subsidence Compensation Act 1961

No

National Parks & Wildlife Act 1974

No

Protection of the Environment Operations Act 1997

No

Roads Act 1993

No

Rural Fires Act 1997

No

Water Management Act 2000

No

Comment: The proposed development is not defined as Integrated Development pursuant to Clause 4.46 of the Environmental Planning and Assessment Act 1979

 

MATTERS FOR CONSIDERATION

Section 4.15 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 s4.15(1)(a)(i)

 

Clause 1.2  Aims of the Plan

The broad aims of the LEP are as follows:

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

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

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

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

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

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

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

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

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

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

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

 

Clause 1.9A Suspension of covenants, agreements and instruments

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

·    Covenants imposed or required by council

·    Prescribed instruments under s183A of Crown Lands Act 1989

·    Any conservation agreement under National Parks and Wildlife Act 1974

·    Any trust agreement under the Nature Conservation Trust Act 2003

·    Any property vegetation plan under the Native Vegetation Act 2003

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

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

         

      Mapping

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

     

Land zoning map

Land zoned RU2 Rural Landscape

Lot size map

Minimum lot size 100 Ha

Heritage map

Not a heritage item or conservation area

Terrestrial Biodiversity Map

No biodiversity sensitivity on the subject land

Flood planning map

Not within a flood zone

Natural resource – karst map

Not within a karst area

Drinking water catchment map

Within a drinking water catchment area

Riparian land and watercourse map, groundwater vulnerability map

Groundwater vulnerable and Riparian Lane/ water course.

Land reservation acquisition map

Not applicable.

 

      These matters are addressed in the report following.

 

Cabonne Local Environmental Plan 2012

The subject land is zoned RU2 Rural Landscape by the Cabonne Local Environmental Plan 2012.  The proposed Restaurant and Cellar Door Premises is permissible with consent within the zone.

 

Restaurant or Cafe means a building or place the principal purpose of which is the preparation and serving, on a retail basis, of food and drink to people for consumption on the premises, whether or not liquor, take away meals and drinks or entertainment are also provided.

 

Cellar Door Premises means a building or place that is used to sell wine by retail and that is situated on land on which there is a commercial vineyard, and where most of the wine offered for sale is produced in a winery situated on that land or is produced predominantly from grapes grown in the surrounding area.

 

Comment: The above definition for a Cellar Door Premises requires that the premises is situated on land where there is a commercial vineyard. The subject site at present does not have a vineyard (whether commercial or not) and therefore does not satisfy the definition. The applicant has proposed to plant the vines if development consent is issued (prior to the final occupation certificate being issued) however, this would result in Council approving a development that is contrary to the definitions of Cabonne Local Environmental Plan 2012.

 

The assessing officer is satisfied that the proposed vineyard could potentially be a commercial venture if the vines were planted and once they are mature, however at present there are no vines planted, therefore the assessing officer is not satisfied that the proposed planting of the vineyards satisfies the above definition. A Cellar Door Premises could be approved on the subject site once the vineyard is established. 

 

In addition, the above definition requires that most of the wine being offered for sale is produced in a winery situated on the site or produced predominantly from grapes grown in the surrounding area. There is no winery on the subject site and no details given on the use of grapes from the surrounding area, therefore, council is not satisfied that the development could satisfy this part of the definition. 

 

Objectives of the RU2 Rural Landscape

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

2.   To maintain the rural landscape character of the land.

3.   To provide for a range of compatible land uses, including extensive agriculture.

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

5.   To provide for a range of tourism-related uses that support the agricultural industry or are compatible with agricultural uses.

6.   To protect drinking water catchments from the impacts of development by minimising impacts on the quality and quantity of water entering drinking water storages

 

Comment:  The subject site is currently used for primary production (extensive agriculture) and will continue to be utilised for these land uses should the development be approved, therefore the development satisfies Objective 1.  The development will construct 660m2 building which is a large building for a rural area, however the proposed building is not inconsistent with the large sheds used in conjunction with primary production (orchard packing sheds etc.) therefore the development will be consistent with Objective 2. The development as proposed is not compatible with other land uses, including the surrounding residential accommodation due to the potential impacts (as outlined under Section 4.15(1)(b)), however by imposing conditions of consent to mitigate the potential impacts, the assessing officer is satisfied that the proposed development will not adversely impact the subject site or surrounding area and therefore satisfy objective 3. The development will not adversely impact the existing primary production (extensive agriculture) on the subject site, and therefore is deemed to satisfy objective 4. The proposed restaurant and cellar door premises provides tourist related land uses that have been deemed to be compatible with the surrounding agricultural land uses (subject to conditions), and therefore is deemed to satisfy Objective 5. As per assessment under Clause 6.4 and 6.5 of Cabonne Local Environmental Plan 2012, Council is satisfied that the proposed development will not adversely impact the sources or quality of groundwater and drinking water, and therefore satisfy objective 6.

 

The assessing officer is satisfied that the development is consistent with the objectives of the RU2 Rural Landscape zone.

 

Part 4 – Principal development Standards

No principal development standard are applicable to this development

 

Part 5 – Miscellaneous provisions

No miscellaneous provisions are applicable to the subject site or the proposed development.

 

Part 6 – Additional local provisions

Clause 6.1 Flood planning

Not identified as Flood Prone Land

 

Clause 6.2 Stormwater management

Not applicable

 

Clause 6.3 Terrestrial biodiversity

Not applicable

 

Clause 6.4 Groundwater vulnerability

The subject site is identified as ‘Groundwater vulnerable’ on the Groundwater Vulnerability Map.

3.  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),

 

Comment: An onsite effluent management study was provided with the development application that identified the subject site is suitable for an on-site sewer management system (OSSMS) for the cellar door premises (but not the restaurant). Given the size of the allotment, Council is satisfied that the subject site is capable of supporting an OSSMS that would support both proposed land uses. The assessing officer is satisfied that the proposed development will not result in groundwater contamination.

   

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

 

Comment: A search of NSW BioAtlas database has identified there are no known groundwater dependent ecosystems on the subject site or the surrounding area. As per (a), the assessing officer is satisfied that the proposed development will not result in groundwater contamination, therefore there will be no adverse impacts as a result of the proposed development.

 

(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),

 

Comment: The submitted onsite effluent management study identified a suitable system and area for the effluent disposal associated with the proposed development without having an adverse impact on adjoining properties, including water supplies. Therefore the development will have an adverse cumulative impact on the sources or quality of groundwater.

 

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

 

Comment: The onsite effluent management study has outline suitable measures to be put in place to ensure there are no adverse impacts in regard to the sources or quality of groundwater.

 

4.  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 environmental impact, or

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

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

 

Comment: The assessing officer is satisfied that the proposed development has been designed and will be managed to avoid significant adverse environmental impacts.

 

Clause 6.5 Drinking water catchments

The subject site is identified as being within the Drinking Water Catchment as per the Drinking Water Catchment Map.

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

(a)  whether or not the development is likely to have any adverse impact on the quality and quantity of water entering the drinking water storage, having regard to the following:

(i)    the distance between the development and any waterway that feeds into the drinking water storage,

 

Comment: The subject site is located approx. 800m to the closest identified riparian land that feeds into the drinking water storage. Therefore the subject site on is unlikely to have an adverse impact on the sources or quality of drinking water due to the considerable distance.

 

(ii)   the on-site use, storage and disposal of any chemicals on the land,

 

Comment: No additional chemicals are proposed to be used as part of the proposed development. It is noted that the existing land use of the site as an orchard requires the use of chemicals, however this is not proposed to increase as part of this development.

 

(iii)  the treatment, storage and disposal of waste water and solid waste generated or used by the development,

 

Comment: An on-site effluent management study was provided with the development application that identified a suitable area on site for the disposal of effluent associated with the proposed development, therefore the proposed development will not have an adverse impact on the sources or quality of drinking water.

 

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

 

Comment: As per above, the onsite effluent management study has demonstrated that the effluent associated with the proposed development will be disposed of in accordance with the Australian standards. In addition conditions of consent will recommended should the application be approved that will require erosion and sedimentation controls to be in place to ensure the development will not have an adverse impact on the subject site or surrounding areas including other areas identified as being within the drinking water catchment.

 

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

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

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

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

 

Comment: The assessing officer is satisfied that the proposed development has been designed and will be managed to avoid significant adverse impacts to the drinking water catchment.

 

Clause 6.6 Riparian land and watercourses

As per the above map, a minimal part of the subject site is identified as ‘Watercourse’ on the Riparian Lands and Watercourses Map.  

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

(a)  whether or not the development is likely to have any adverse impact on the following:

(i)         the water quality and flows within the watercourse,

 

Comment: The identified watercourse is located on an adjacent allotment, upstream of the subject site. Therefore the proposed development will have no impact on the quality or flows within the identified watercourse.

 

(ii)        aquatic and riparian species, habitats and ecosystems of the watercourse,

 

Comment: As per above, the identified watercourse is on the adjoining allotment to the west, uphill of the subject site, therefore the proposed development will have no impact on aquatic and riparian species of the watercourse.

 

(iii)       the stability of the bed and banks of the watercourse,

 

Comment: The proposed development is over 400m from the identified area, therefore the development will have no impact on the stability of the watercourse.

 

(iv)       the free passage of fish and other aquatic organisms within or along the watercourse,

 

Comment: As per above, the proposed development is over 400m from the identified area and will have no impact on the free passage of fish of other aquatic organism.

 

(v)        any future rehabilitation of the watercourse and riparian areas, and

(b)  whether or not the development is likely to increase water extraction from the watercourse, and

 

Comment: The watercourse is wholly located on an adjoining parcel with no proposal to extract water from it.

 

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

 

Comment: The identified watercourse is up hill of the subject site on an adjoining allotment. In addition, it is located more than 400m from the closest part of the proposed development therefore no measures are deemed necessary given the proposed development will have no impact on the proposed watercourse.

  

4.  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 environmental impact, or

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

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

 

Comment: As per above, the identified watercourse is up hill of the subject site on an adjoining allotment. In addition, it is located more than 400m from the closest part of the proposed development therefore the proposed development will have no impact on the proposed watercourse.  

 

Clause 6.7 Land affected by karst

Not applicable.

 

Clause 6.8 Essential services

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

a.   The supply of water

b.   The supply of electricity

c.   The disposal and management of sewerage

d.   Stormwater drainage, &

e.   Suitable vehicle access

 

Comment: Council’s Engineering staff have assessed the location of the proposed access of the development. As per 4.15(1)(b) of this report, the proposed Mount Lofty Road access is not suitable due to inadequate site lines, and therefore all traffic should utilize the Nancarrow Lane access. The Nancarrow Lane access will be required to be constructed to Council standards for the proposed traffic, including BAR/BAL treatment to ensure larger vehicles can access the site in a safe manner. In addition, the internal road will be required to be upgraded to a two-way bitumen sealed accessway. 

 

Clause 6.9 Location of sex service premises

Not applicable.

 

REGIONAL ENVIRONMENTAL PLANS

 

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

 

STATE ENVIRONMENTAL PLANNING POLICIES

State Environmental Planning Policy No. 44: Koala Habitat Protection

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

 

State Environmental Planning Policy No. 55: Remediation of Land

Pursuant to Clause 7 of this SEPP, Council must consider whether the subject site is contaminated prior to determining the development application. The subject site has been used as an orchard for a considerable time with no known contaminating land uses having been conducted on the site. In addition, the subject site is not listed on the contaminated land register, therefore the subject site is deemed suitable for the proposed development.

 

State Environmental Planning Policy No. 64: Advertising and Signage

State Environmental Planning Policy 64 (Advertising and Signage) applies to the proposal as a business identification sign is proposed at the Nancarrow Lane entrance to the subject site. SEPP 64 applies to all signage that can be seen from a public place or public reserve.

 

 

Clause 3 – Aims, objectives etc The policy aims to ensure that signage is compatible with the amenity and character of an area and provides effective communication of high quality and design.

 

Clause 8 – Granting of consent to signage A consent authority must not grant development consent to an application to display signage unless the signage is considered to be consistent with the objectives of the policy and the signage satisfies the assessment criteria specified in Schedule 1 of the SEPP.

 

Schedule 1 Assessment Criteria

 

1 Character of the area

The character of the area is primarily agricultural and rural. With a number of similar land uses (restaurants/ cellar door premises) in close proximity  to the subject site.

2 Special areas

The subject site is not identified as a special area where 

3 Views and vistas

The proposed signage will not obstruct any views and vistas, or detract from the overall amenity of the area.

4 Streetscape, setting or landscape

The signage will be located within the subject site, setback from the carriage way. The sign will be consistent with other business identified signs for similar land uses in proximity to the subject site.

5 Site and building

The proposed sign is a simple business identification sign that alerts passing traffic to the restaurant and/or cellar door on the premises.

6 Associated devices

The proposed sign does not require safety devices or platforms.

7 Illumination

The proposed signage will not be illuminated.

8 Safety

The proposed advertising will not present any risk to vehicle or pedestrian safety as it will be permanently fixed to the building.

 

The proposed advertising signage is considered to be acceptable and is in a suitable location for effective communication. As outlined above, the design and content of the proposed signage is not inconsistent with SEPP 64 and therefore complies with the policy requirements. 

 

State Environmental Planning Policy (Rural Lands) 2008

The proposed development is within a rural zone as identified under Cabonne Local Environmental Plan 2012, therefore consideration is required under this SEPP. The application will be considered in regard to consistency with the Rural Planning Principles adopted under this Clause.

The Rural Planning Principles are as follows:

(a)          the promotion and protection of opportunities for current and potential productive and sustainable economic activities in rural areas,

 

Comment: The proposed development involves moderate amount of removal of existing established orchard to accommodate the proposed land use. The removal will not adversely impact the continued use of the site for rural land uses and it will continue to be a viable agricultural business.

  

(b)          recognition of the importance of rural lands and agriculture and the changing nature of agriculture and of trends, demands and issues in agriculture in the area, region or State,

 

Comment: The proposed development recognizes the changing trends in agricultural land use and reinforces the agricultural land use with alternative revenue streams.

(c) recognition of the significance of rural land uses to the State and rural communities, including the social and economic benefits of rural land use and development,

 

Comment: The proposed development will increase the economic activity for the surrounding area whilst not detrimentally impacting the economic potential on adjoining allotments or the surrounding area.

 

(d)          in planning for rural lands, to balance the social, economic and environmental interests of the community,

 

Comment: The public interest has been assessed as part of this application in accordance with 4.15(1)(e) of the Environmental Planning and Assessment Act 1979.

 

(e)          the identification and protection of natural resources, having regard to maintaining biodiversity, the protection of native vegetation, the importance of water resources and avoiding constrained land,

 

Comment: The subject site has previously been significantly altered with the majority of native vegetation having been removed. The proposed development will not result in any additional native vegetation being removed, in addition the development has been deemed satisfactory in regard to water impacts as addressed under Clause 6.6 of the CLEP2012 above.

 

(f) the provision of opportunities for rural lifestyle, settlement and housing that contribute to the social and economic welfare of rural communities,

 

Comment: The proposed development will not increase the opportunity for dwellings on the allotment.

 

(g)          the consideration of impacts on services and infrastructure and appropriate location when providing for rural housing,

 

Comment: No rural housing proposed or opportunities for rural housing created.

(h)          ensuring consistency with any applicable regional strategy of the Department of Planning or any applicable local strategy endorsed by the Director-General.

 

Comment: The proposed development is consistent with the Central West and Orana Regional Plan 2036

 

s4.15(1)(a)(ii) PROVISIONS OF ANY DRAFT ENVIRONMENTAL PLANNING INSTRUMENT THAT HAS BEEN PLACED ON EXHIBITION

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

 

PROVISIONS OF ANY DEVELOPMENT CONTROL PLAN s4.15(1)(a)(iii)

 

Development Control Plan No 5 – General Rural Zones applies to this development.

 

The proposed development is not inconsistent with the objectives or controls of DCP No. 5.

 

s4.15(1)(a)(iv) PROVISIONS PRESCRIBED BY THE REGULATIONS

 

Section 4.15(1)(b) - likely impacts of that development

Context & Setting

The proposed development comprises a commercial business within a predominantly agricultural area. The subject site will still comprise a viable agricultural entity even once the restaurant and cellar door are operational due to the remaining orchard trees, vegetable garden and proposed vineyard. The impacts of the proposed development on the rural land has been deemed acceptable pursuant to the Rural Planning Principles under State Environmental Planning Policy (Rural Lands) 2008

 

The surrounding area comprises small to medium rural allotments, with a number of dwellings in vicinity of the subject site. The closest dwelling not on the subject site is approx. 300m from the proposed building and 160m from the proposed Mount Lofty Road exit. The proposed Nancarrow Lane access will be approx. 170m to the closest dwelling.

 

Streetscape

The proposed development will have minimal impact on the Nancarrow Lane streetscape due to the considerable setback of the proposed building (224m to the eastern boundary). The building will be visible, however will not appear inconsistent with the surrounding area which consists of large buildings on rural allotments (although it is noted these buildings are generally utilised for agricultural purposes). The building will be readily visible when viewed from Mount Lofty Road, however from this angle, the building would appear as a farm building as well as the fall in topography will substantially screen the lower half of the building, with only the metal clad building remaining as the visible element.  Therefore, the proposed development will not have an adverse impact on the streetscape.

 

Traffic, access and parking

The proposed development will increase traffic along the local road network. The proposed access for the majority of vehicles from Nancarrow Lane to the subject site allows for good sight lines for oncoming traffic, internal roads are proposed to be upgraded to an all-weather standards to accommodate the increased traffic expected. The applicant has proposed that the development will generate approx. 27 vehicle movements per hour during peak times (accounting for vehicles entering and leaving the site). This additional traffic on the local road network (which at present consists of rural roads) could potentially have adverse impacts on the surrounding area, particularly at night with people who are unfamiliar with the conditions of the roads.

 

Alternative access to the site is proposed to be provided from Mount Lofty Road for service vehicles and buses as well as an exit point for all traffic. This entrance does not allow for suitable sight lines for vehicles entering the property based on the legal speed limit on the road (80km/h). Whilst it is acknowledged that a vehicle would not be travelling at such a speed given the nature of the road network, even factoring the required site lines for 50km/h (a more appropriate speed for the road network) would not allow for sufficient sight lines (100m). Therefore, the assessing officer believes the use of this access point as an entrance to the subject site provides significant concerns in regard to the safety of traffic in the immediate area which is exacerbated due to the narrow nature of Mount Lofty Road.  The use of this entry point for entry or exit is not supported by the assessing officer due to the significant concerns over road safety. Should the application be approved, conditions of consent will be imposed preventing the construction or use of the proposed Mount Lofty Road access point. All traffic would be required to use the Nancarrow Lane access point, with the internal road being required to be upgraded to a two way width, bitumen standard. 

 

By limiting the access point to the subject site, impacts regarding traffic safety, headlights and vehicle noise are reduced as vehicles will be entering Nancarrow Lane in a safe location, with the closest dwelling being substantially screened by mature road site vegetation.

 

The applicant has proposed 30 on-site car spaces. In the submitted Statement of Environmental Effects, the applicant has identified that the proposed development would require some 68-80 car spaces when calculated under the RTA Guide to Traffic Generating Developments (based on floor area and proposed seating). The applicant has requested that Council accept the proposed 30 car spaces as the required 68-80 would only be required at capacity of both venues during peak times. An over flow parking area has been identified on the submitted plans to cater for peak periods. The assessing officer is satisfied that the proposed 30 car spaces plus the identified over flow parking would allow for ample parking for the proposed development. A draft condition of consent will be imposed to ensure that the identified over flow parking area is given an adequate all weather surface to ensure that the parking area remains functional under heavy traffic (specifically during wet weather periods).

 

The application was referred to Roads and Maritime Services (RMS) pursuant to Clause 88 of the Environmental Planning and Assessment Regulation 2000 for impacts from the development on the intersection of Cargo Road (a classified road) and Nancarrow Lane. After reviewing the application, and to ensure that the road network can safely accommodate the proposed increase in traffic as a result of this application. RMS recommended that:

 

·    Intersection of Cargo Road and Nancarrow Lane is to be upgraded to included Basic Left (BAL) turn treatment.

·    Nancarrow Lane, at its intersection with Cargo Road is to be widened and sealed to allow the simultaneous passing of two nineteen (19) metre vehicles.

 

Consultation with Council’s Engineering Department has established that should the required works as recommended by RMS be implemented, as well as the use of a single point of access, then the proposed development would not adversely impact the surrounding road network in regard to traffic, access or parking.

 

Utilities

­All required utilities will be available to the subject site. The application was submitted with an on-site effluent study that was calculated on the capacity of the cellar door, and not the combined capacity of both the cellar door and restaurant.  However Council’s Health and Building officer has advised that the site would be capable of accommodating a system for both the cellar door and restaurant, with an amended plan to be provided at the time of approval for the on-site sewer management system.

 

Noise and Vibration

It is anticipated there will be standard construction noise and/or vibration associated with the proposed development. Given the distance to adjoining dwellings (minimum 300m from proposed construction site) these impact are deemed acceptable. Further to this, standard construction hours will be imposed to mitigate potential impacts.

 

Once operational, the proposed restaurant and cellar door premises will generate noise consistent with other restaurants in the area, with the majority of noise that could impact the surrounding area being generated from the external seating areas (with a capacity of 100 people). As addressed below, the proposed hours of operation and capacity for the Cellar Door Premises are well in excess of other premises in the surrounding area and represents a land use that is more reflective of a pub or bar rather than the proposed Cellar Door Premises which is a prohibited land use within the subject zone. The proposed hours of operation of the cellar door, including the large outdoor area would generate significant levels of noise above the existing levels however, the proposed building is approx. 200m from the northern boundary and 225m from the eastern boundary and approx. 300m from to the closest dwelling in the direction of the open outdoor areas.  

 

The restaurant and cellar door as proposed are likely to result in adverse noise impacts (noise, lights, traffic) to the surrounding rural area, particularly at night when noise is likely to travel further. Should the Council resolve to approve the proposed development application, it is recommended that noise impacts be mitigated via limiting hours of operation (particularly external areas) and the use of external amplification of music and limiting the hours of use of the external seating areas.

 

Hours of Operation

The applicant has proposed the following hours of operation for both the cellar door premises and restaurant.

 

Monday to Sunday 9am to 12midnight   

 

As per above, the hours of operation are likely to have adverse impacts on the amenity of the surrounding area in regard to noise given that up to 240 guests could be utilizing the development and up to 100 guests could be using the external dining areas which is likely to result in noise being emitted that could impact surrounding residences. This is exacerbated by the subject site being the high point of Nancarrow Lane, generally clear with limited high vegetation, the proposed building being elevated above the orchards, and facing north down the valley. 

 

In addition, the proposed hours of operation of the Cellar Door Premises are more reflective of a Pub or Bar and are not in line with other cellar door premises that generally close at 5pm or 6pm. The restaurant trading hours of 9am to 12am are again outside the norm of similar businesses, particular in the vicinity of the subject site.

 

Therefore, the proposed hours of operation are likely to result in detrimental impacts to the amenity of the adjoining properties and the surrounding area. Should the application be approved, conditions of consent will be imposed to limit the hours of operation of the Restaurant and Cellar Door Premises to:

          9am to 10pm Sunday-Thursday

          9am to 11pm Friday and Saturday

 

Cumulative Impacts

The proposed development will result in an additional traffic generating development in the vicinity of Nancarrow Lane. At present Council staff are undertaking assessment of a development application for Eco-Tourism and Temporary Events (DA18/0064), which would potentially result in upwards of 60 additional vehicles on Nancarrow Lane, this combined with the subject development could potentially result in over 140 additional vehicles utilizing the road and the intersection of Nancarrow Lane and Cargo Road (a classified road) at any one time. Therefore, the additional traffic load on Nancarrow Lane, which struggles to allow for large vehicles to pass at any time, could potentially have adverse cumulative impacts due to the additional development.   

 

Due to these potential cumulative impacts, Council staff requested comment from Roads and Maritime Services in regard to the additional vehicle traffic on the intersection. RMS agreed there would be an adverse cumulative impact on the intersection should either one of these developments be approved (due to the forecast traffic generation), and that the intersection required upgrading to accommodate the additional traffic as addressed above.

 

Disabled access

The proposed development has identified suitable access for disabled persons. A draft condition of consent will be imposed to ensure the access complies with legislative requirements and that parking is provided in accordance with AS2890.6:2009: Off-street parking for people with disabilities.   

 

Section 4.15(c) - the suitability of the site for the development

It is considered that the nature of the impacts are such that the site is suitable for the proposed development, subject to the imposition of conditions of consent. Furthermore, there are no known site attributes that would render the site unsuitable for the proposed development.

 

DEVELOPMENT CONTRIBUTIONS

 

No developer contributions are applicable to the proposed development.

 

ANY SUBMISSIONS MADE IN ACCORDANCE WITH THE ACT s4.15(1)(d)

The proposed development is not advertised development.

 

The development application was notified to adjoining property owners for a period of 14 days. During this time eight (8) submissions were received.

 

Nature of Submission

Issues raised.

1

Objection

·    Cellar Door Permissibility

·    Scale/Capacity

·    Traffic

·    Access to Mount Lofty Road

·    Noise/Light/Hours of Operation

2

Objection

·    Cellar Door Permissibility

·    Scale/Capacity

·    Traffic

·    Access to Mount Lofty Road

·    Noise/Light/Hours of Operation

3

Objection

·    Cellar Door Permissibility

·    Scale/Capacity

·    Traffic

·    Access to Mount Lofty Road

·    Noise/Light/Hours of Operation

4

Objection

·    Scale/Capacity

·    Traffic

·    Noise/Light/Hours of Operation

5

Concerns

·    Permitted use- Cellar Door

·    Access

·    Scale/capacity

·    Hours of operation

·    Noise

·    Amenity

·    Lighting

·    Car parking

·    Traffic

·    Works undertaken

6

Support but concerns

·    Permissibility of Cellar Door

·    Commercial Viability

·    Access/Safety

·    Flora and Fauna (Turtles)

·    External Lighting

·    Accessibility

·    Noise

·    Trading Hours

7

Support but concern

·    Road/traffic

8

Objection

·    Scale/Capacity

·    Traffic

·    Access to Mount Lofty Road

·    Noise/Light/Hours of Operation

 

Issue 1: Cellar Door Permissibility

The proposed Cellar Door Premises is not permissible as there is no commercial vineyard on the property. 

 

Council Response: As per the above report, it is acknowledged that the proposed Cellar Door Premises is not consistent with the adopted definition under Cabonne Local Environmental Plan 2012.

 

Cellar Door Premises means a building or place that is used to sell wine by retail and that is situated on land on which there is a commercial vineyard, and where most of the wine offered for sale is produced in a winery situated on that land or is produced predominantly from grapes grown in the surrounding area.

 

Whilst the proposed vineyard could be commercially viable if planted (as established by the submitted budgets), as per the above definition, there is a requirement that there be a commercial vineyard for there to be a Cellar Door Premises. Therefore the proposed cellar door does not comply with the definition of a Cellar Door Premises and the proposal to plant the vineyard prior to a final occupation certificate is not satisfactory in this instance. A Cellar Door Premises could be approved once the commercial vineyard is established.

 

Issue 2: Scale/Capacity

The proposed scale of the development (including the capacity of 240 people, plus up to 12 staff) is far greater than similar proposals in the surrounding area and will impact the amenity and character of the surrounding area.

 

Council Response:

The proposed capacity of 240 people whilst excessive, is not in itself a significant concern. The potential impacts (traffic, noise etc.) resulting from the proposed capacity, and hours of operation is a concern. As addressed under Section 4.15(1)(b), the development as proposed would adversely impact the surrounding area. Therefore it is recommended that conditions of consent be imposed to limit the hours of operation, points of access and as a result, mitigate the potential adverse impacts.  

 

Issue 3: Traffic

The traffic from the development will impact the surrounding road network which currently consists of narrow rural roads, which at times makes it difficult to pass other vehicles.

 

Council Response:

As addressed above under section 4.15(1)(b) of this report, the assessing officer has identified that the development as proposed will likely result in adverse impacts in regard to traffic generation. Therefore, conditions of consent will be imposed to limit the points of access to the subject site and upgrade the road network to mitigate the potential traffic impacts.

 

Issue 4: Access to Mount Lofty Road

The proposed access/exit to Mount Lofty Road is unsafe, with poor visibility. The increased usage of this exit will create a hazard. 

 

Council Response: As per section 4.15(1)(b) of this assessment report, access does not allow for suitable sight lines for vehicles to safely enter the subject site via the Mount Lofty Road. Should the development be approved, conditions of consent have been recommended to prevent access (entry or exit) to Mount Lofty Road and require all vehicles to utilise the Nancarrow Lane access. 

 

Issue 5: Noise

The development will have an adverse impact on the amenity of the surrounding area in regard to noise both from patrons of the Restaurant/Cellar Door Premises and vehicles travelling to and from the site.

 

Council Response: As per section 4.15(1)(b) of this assessment report, the assessing officer has concluded that it is likely the development as proposed will result in adverse levels of noise for the rural area resulting from the proposed capacity, location of the building and potential for traffic generation. Therefore, should the elected Council approve the development application, it is recommended that conditions of consent be imposed that limit the hours of operation and access to the lot to mitigate the potential adverse impacts.

 

Issue 6: Light

The proposed development will have an adverse impact on the amenity of the surrounding area in regard to lights from cars and the land uses. 

 

Council Response: As per section 4.15(1)(b) of this report, by limiting the point of entry and exit to the subject site to Nancarrow lane, the assessing officer is satisfied that the development would not adversely impact the surrounding area in regard to headlights given that vehicles will no longer be utilizing the Mount Lofty Road entrance point. Therefore when vehicles turn on to Nancarrow Lane, light impacts would be substantially screened by existing road side vegetation. In addition, by limiting the hours of operation, the assessing officer is satisfied that there will be no adverse impacts to adjoining properties or the surrounding area.

 

Issue 7: Hours of Operation

The proposed hours of operation are excessive and not consistent with surrounding businesses of a similar nature. The use of the site from 9am to 12am 7 days a week would result in adverse impacts to the surrounding area in regard to patron noise, headlights and noise from vehicles.

 

Council Response: As per section 4.15(1)(b) of this assessment report, the assessing officer has concluded that the proposed hours of operation are likely to result in adverse impacts in regard to the noise, traffic and capacity, particularly late at night. Therefore, should the elected Council approve the Development Application, it is recommended that the hours of operation be limited by conditions of consent to mitigate the potential adverse impacts.

 

Issue 8: Car Parking

The proposed 30 carparks is not sufficient for the proposed capacity of 240 people plus 12 staff.

 

Council Response: The development proposes 30 marked car spaces and an area designated for ‘overflow car parking’. To ensure that the over flow parking area would remain functional year round (particularly in wet weather) it is recommended that the area be treated with a gravel surface. A condition of consent is recommended to this effect.

 

Issue 9: Commercial Viability

The proposed 1 Hectare of grape vines will not be a commercially viable.

 

Council Response: As addressed above, the assessing officer is satisfied that the vineyard (if planted and established) would constitute a commercially viable vineyard based on the submitted budgets and a comparison with average yields and expenses of vineyards. 

 

Issue 10: Flora and Fauna

The development will have adverse impacts on Flora and Fauna in the local area, particularly on Mount Lofty Road.

 

Council Response: By limiting the access point to the site to the Nancarrow Lane crossover, the assessing officer is satisfied that there will be no adverse impacts to Flora or Fauna from vehicles on Mount Lofty Road. In addition, there are no identified Flora or Fauna on the subject site on NSW BioAtlas, therefore, the proposed development will not adversely impact Flora or Fauna.  

 

PUBLIC INTEREST s4.15(1)(e)

 

The public interest is a broad consideration relating to many issues and is not limited to the issues raised in this report. Taking into account the full range of matters for consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979 it is considered that approval of the development application is in public interest subject to conditions of consent.  

 

CONCLUSION

The proposed development is permissible with the consent of Council. The development complies with the relevant aims, objectives and provisions of the LEP as outlined in this assessment report.  A section 4.15 assessment of the development indicates that the development is acceptable in this instance, subject to conditions of consent.  Council may consider the following options when determining this development application;

 

OPTIONS

1.  Approve Development Application 2018/0084 for the proposed restaurant and cellar door as proposed subject to conditions of consent

2.  Approve Development Application 2018/0084 for the Restaurant only subject to conditions of consent.

3.  Refuse Development Application 2018/0084.

4.  Defer the determination of Development Application 2018/0084 pending further information from the applicant.

 

It is recommended that the Council adopt option 2 and approve Development Application 2018/0084 for the restaurant only and not the cellar door for reasons discussed in this report. 

 

Attached is a draft Notice of Approval outlining a range of conditions considered appropriate to ensure that the development proceeds in an acceptable manner.

 

 

 

ITEM 28 - QUESTIONS FOR NEXT MEETING

REPORT IN BRIEF

 

Reason For Report

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

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.1.g. Code of Meeting Practice adhered to

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\NOTICES - MEETINGS - 888698

 

 

Recommendation

 

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

 

General Manager's REPORT

 

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

 

 

ITEM 29 - BUSINESS PAPER ITEMS FOR NOTING

REPORT IN BRIEF

 

Reason For Report

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

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

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

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\PROCEDURES - 888699

 

 

Recommendation

 

THAT:

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

2.   The balance of the items be noted.

 

General Manager's REPORT

 

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

 

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

 

 

ITEM 30 - MATTERS OF URGENCY

REPORT IN BRIEF

 

Reason For Report

Enabling matters of urgency to be called.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

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

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\NOTICES - MEETINGS - 888700

 

 

Recommendation

 

THAT Councillors call any matters of urgency.

 

General Manager's REPORT

 

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

 

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

 

 

 

ITEM 31 - COMMITTEE OF THE WHOLE SECTION OF THE MEETING

REPORT IN BRIEF

 

Reason For Report

Enabling reports to be considered in Committee of the Whole.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.1.g. Code of Meeting Practice adhered to

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\PROCEDURES - 888703

 

 

Recommendation

 

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

 

General Manager's REPORT

 

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

 

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

   


Item 7 Ordinary Meeting 24 April 2018

Item 7 - Annexure 1

 

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Item 8 Ordinary Meeting 24 April 2018

Item 8 - Annexure 1

 

 

CABONNE COUNCIL EXTRAORDINARY TRAFFIC COMMITTEE

Cabonne Council

09 April 2018 E-Meeting

Conducted Electronically

 

Minutes

ITEM 1.        E-LTC Item 1 – Proposal to remove road weight limit sign on Archer Road

 

Mr David Vant from Roads and Maritime Services (RMS), give consent to the proposal based on the information provided.  Sgt Mark Hevers from NSW Police noted that he has no objection to the proposal. Surendra Sapkota and Ragu San agree with other members suggestion, to remove the weight limit sign on Archer Road.

Recommendation

It is recommended THAT Council approve the proposal to remove the road weight limit sign on Archer Road.


Item 9 Ordinary Meeting 24 April 2018

Item 9 - Annexure 1

 

Cabonne Community Transport

Working with Clients Who Have Exited the Criminal Justice System

1 Document Information

Version Date
(Draft or Council Meeting date)

 

Author

 

Owner

(Relevant director)

 

Status –

Draft, Approved,  Adopted by Council, Superseded or Withdrawn

 

Next Review Date

 

Minute number
(once adopted by Council)

 

2 Summary

3 Approvals

Title

Date Approved

Signature

 

 

 

4 History

Minute No.

Summary of Changes

New Version Date

 

 

 

 

 

 


 

5 Reason

To ensure that Cabonne Community Transport meets legislative requirements and encourages the involvement of the individual and significant others in meeting NSW Standard 2: Participation and Inclusion.

 

6 Scope

The purpose of this policy is to ensure that every person exiting the Criminal Justice System:

·    Is assessed for service based on eligibility and safety;

·    Is provided with individualised care, and services are planned and delivered based on consultation with the client and their carer in the most effective way.

 

7 Associated Legislation

Anti-Discrimination Act 2004 (NSW)

Community Services (Complaints, Review and Monitoring) Act 1993 (NSW)

Disability Inclusion Act 2014 (NSW)

Disability Discrimination Act 1992 (Commonwealth)

National Standards for Disability Standards 2013

 

8 Definitions

 

9 Responsibilities

 

10 Related Documents

Document Name

Document Location

 

 

 


 

11 Policy Statement

 

Cabonne Community Transport is committed to providing an effective, tailored service to all eligible clients, including those with complex needs and challenging behaviours who have exited the criminal justice system.

The service understands that individuals with disabilities who have been in contact with the criminal justice systems will have complex needs. This may include mental illness, multiple disabilities, homelessness, substance abuse, violence and social isolation.

An individual’s disability is often overshadowed by their criminal history. It is now recognised that it is not the individuals themselves but their complex needs, along with systemic failures that results in them cycling in and out of the justice system.

Community Transport aims to actively support the client to develop their interests and activities in ways that is meaningful and respectful, whilst offering the client a choice regarding the delivery of service. This will be done in a way that also considers the rights and welfare of the wider community.

The service Coordinator will actively seek information on, and liaise with, other services available to assist the individual to minimise any barriers within the community.

Whilst the service is aware that within small communities, staff and volunteers may know the past criminal history of the client, confidentiality will be maintained at all times. The service will strive to maintain the balance between ensuring both the safety of clients, staff, volunteers and the community. A family member / carer must always be present during the delivery of services.

Cabonne Community Transport will ensure appropriate training and guidance is provided to all service staff and volunteers. Ongoing training and monitoring will be offered to ensure their understanding of this Policy

Cabonne Community Transport reserves the right to withdraw, reduce of suspend service provision following consultation with the client, their family and / or their carer if:

·    The service cannot meet the needs of the individual

·    There is disruptive and / or aggressive behaviour

·    The client places themselves, staff, volunteers or other community members at risk.

Cabonne Community Transport staff and volunteers have the right to refuse service if they feel unsafe or threatened in any way at any time whilst delivering services. The health and safety of all people within the community is paramount.

 

 


Item 13 Ordinary Meeting 24 April 2018

Item 13 - Annexure 1

 

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Item 14 Ordinary Meeting 24 April 2018

Item 14 - Annexure 1

 

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Item 16 Ordinary Meeting 24 April 2018

Item 16 - Annexure 1

 

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Item 16 Ordinary Meeting 24 April 2018

Item 16 - Annexure 2

 

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Item 17 Ordinary Meeting 24 April 2018

Item 17 - Annexure 1

 

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Item 18 Ordinary Meeting 24 April 2018

Item 18 - Annexure 1

 

FAIRBRIDGE CHILDREN’S FARM PARK

 

Project outline

 

Old Fairbridgians’ Association aims to establish a permanent space at the Fairbridge Farm Memorial Park on the Mitchell Highway Mitchell Highway, Molong near the intersection with Amaroo Road.  The land in question, Lot 10 DP 247214, was gifted to council in 1974.

 

The project would incorporate landscape precincts and interpretive signage to raise awareness of the Fairbridge story.

 

Project cost

 

The total cost is estimated at $750,000, with the Old Fairbridgians’ Association seeking $500,000 from the Stronger Country Communities Fund.

 

The association intends to collect $25,000 in contributions from its members to be used as payment for donated professional services estimated to be worth $250,000.

 

Shovel readiness

 

The Association is liaising with Cabonne Council regarding Development Application requirements, as well Roads and Maritime Services (RMS) in relation to traffic issues on a State highway.

 

Community consultation

 

Members of the management committee provided a project briefing to about 50 attendees at Molong Museum on 11 March 2018. The briefing, convened by the museum, was attended by members of the Old Fairbridgians Association and the local community.

 

The Association said responses to the proposal were uniformly positive, recognising the potential for the proposed design to recognise the Fairbridge program and to provide a significant new community asset.

 

A further briefing was provided to members of the Orange Historical Society at Orange City Library on 12 March 2018 where the Association said the proposal received uniformly positive endorsement.

 

In its application, the Association said the project is supported by NSW Deputy Premier John Barilaro, State Member for Orange Philip Donato, NSW MLC Rick Colless and the Federal Member for Calare Andrew Gee.

 

Current situation

 

At its February meeting, Council resolved to provide in-principle support for the proposed Fairbridge Children’s Farm Park and continue to liaise with the management committee regarding land usage and development requirements.


Item 20 Ordinary Meeting 24 April 2018

Item 20 - Annexure 1

 

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Item 25 Ordinary Meeting 24 April 2018

Item 25 - Annexure 1

 

DRAFT CONDITIONS OF CONSENT

 

1.   DEVELOPMENT IN ACCORDANCE WITH PLANS

 

Objective

 

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

Performance

 

Development is to take place in accordance with the attached stamped plans (Ref: DA 2018/0064 job ref 16170286 in 5 sheets unnumbered) and documentation submitted with the application and subject to the conditions below, to ensure the development is consistent with Council’s consent.  NOTE:  Any alterations to the approved development application plans must be clearly identified WITH THE APPLICATION FOR A CONSTRUCTION CERTIFICATE. 

 

The Principal Certifying Authority for the project may request an application for modification of this consent or a new application in the event that changes to the approved plans are subsequently made.  An application to modify the development consent under s4.55 of the Environmental Planning and Assessment Act, 1979, as amended and will be subject to a separate fee.

 

 

2.   APPROVAL FOR ECO TOURISM FACILITY ONLY

 

Objective

 

To ensure the development proceeds in accordance with the approval.

 

Performance

 

The Development Consent is for the Eco tourism facility only and NOT the proposed temporary land use for events and functions. The development consent does not permit the use of the premises for tourist and visitor accommodation.

 

 

3.   NATIONAL CONSTRUCTION CODE 2017 – AUSTRALIAN STANDARDS

 

Objective

 

To satisfy the National Construction Code 2017 and relevant Australian Standards.

 

Performance

 

The approved structures must meet the relevant Australian Standards and the performance requirements of the Building Code of Australia 2017. Compliance with the Performance Requirements can only be achieved by:-

 

a)      complying with the Deemed to Satisfy Provisions; or

b)      formulating an Alternative Solution which:-

 

          i)       complies with the Performance Requirements; or

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

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

 

 

4.   APPOINTMENT OF PRINCIPAL CERTIFYING AUTHORITY

 

Objective

 

To ensure compliance with s81A of the Environmental Planning and Assessment Act 1979 as amended.

 

Performance

 

The person having the benefit of this consent must appoint a Principal Certifying Authority for the development, pursuant to Section 81A of the Environmental Planning and Assessment Act 1979, as amended and advise Council in writing of that appointment BEFORE WORKS COMMENCE.

 

That Certifying Authority may be the Council, or an Accredited Certifier appointed under the Act.  The required written notice to Council may be satisfied by supplying a copy of the Application for a construction Certificate (Form 11) under the Environmental Planning and Assessment Regulation 1994, as amended and must include the name, contact address, telephone and accreditation numbers of the selected Certifying Authority.

 

The Principal Certifying Authority and any other Certifiers appointed by that Authority will be responsible for the post-consent certification of the development.  Copies of all certification is to be submitted to Cabonne Council referenced by the Development Application Number.

 

5.   CONSTRUCTION CERTIFICATE

 

Objective

 

Statutory Requirement and Public Interest.

 

Performance

 

Prior to the issue of the Construction Certificate, by the PCA, working drawings to be lodged with Council with full structural engineering details and full details of Fire Safety Essential Measures (exit signs, portable fire extinguishers, emergency lighting etc.). 

 

6.   ENGINEERING DESIGN

 

Objective

To ensure design works are undertaken by a suitably qualified person and fulfil the relevant authority’s requirements.

 

Performance

 

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

 

A new access intersection for the proposed development on Nancarrow Lane will be designed in accordance with the council’s recommendations. A Basic Right (BAR) and a Basic Left (BAL) turning treatments as shown in Figure 7.5 and 8.2 of the Austroads Guide to Road Design: Part 4A shall be provided on Nancarrow Lane at its intersection with the vehicular access servicing the subject land. The widened shoulder is to be sealed and built for an 80km/h speed environment to provide a reasonable level of safety for traffic right into the access.

 

Details to be provided to the satisfaction of the Certifying Authority BEFORE THE ISSUE OF ANY CONSTRUCTION CERTIFICATE FOR THE DEVELOPMENT. Relevant work to be completed to the satisfaction of the Director of Engineering and Technical Services’ nominee BEFORE THE ISSUE OF ANY OCCUPATION CERTIFICATE.

 

 

7.   ROAD IMPROVEMENT WORKS

 

Objective

 

To ensure the proposed development does not have an adverse impact on the road network.

 

Performance

 

The applicant is to upgrade a 620m section of Nancarrow Lane to the north of the proposed access point of entry to the development. The upgrade is to be of a Non Rural Class 2 Level 2 (5m seal) standard and in strict accordance with “Cabonne Council Engineering Specifications for Subdivision and Development (Edition 1)”.

 

8.   UPGRADE OF ROAD SIGNAGE

 

Objective

 

To advise the motorist of road ranking.

 

Performance

 

The applicant is required to erect one “Modified Intersection (L)” sign (W9-2C) at the intersection of Nancarrow Lane and Mount Lofty Road, at their own cost, prior to any Occupation Certificate being issued for the development.

 

8.  PROVISION OF PRIVATE ACCESS

 

Objective

 

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

 

Performance

 

Access must be provided to the proposed development in accordance with Councils’ Provision of Private Access Specification that is current at the time of application from Nancarrow Lane.

 

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

 

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

 

An Access Compliance Certificate for the access must be submitted to Council before any Occupation Certificate can be issued for the development.

 

 

9.  TRAFFIC AND PEDESTRIAN MANAGEMENT PLAN

 

Objective

 

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

 

Performance

 

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

 

10.         PUBLIC LIABILITY INSURANCE

 

Objective

 

To ensure that the applicant and Council are both protected against any liability claim.

 

Performance

 

Prior to the commencement of any works on Council controlled land including a public road, the applicant is to affect Public Liability Insurance in the minimum amount of $20 million.  This insurance is to note Council’s as an interest party and is to remain current for at least the period from the issue of the Construction Certificate until the issue of a Compliance Certificate for the works.  Documentary evidence of the currency of the cover is to be provided to Council prior to the issuing of any Construction Certificate.

 

 

11. APPLICATION FOR CERTIFICATION

 

Objective

 

To satisfy the post-consent requirements of this Development Consent, and to comply with s109 of the Environmental Planning and Assessment Act 1979, as amended.

 

Performance

 

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

 

AN ACCESS CONSTRUCTION CERTIFICATE

AN ACCESS COMPLIANCE CERTIFICATE

 

 

12. APPLICATION OF BITUMEN SEAL TO THE ACCESS AND INTERNAL ROADS

 

Objective

 

To ensure a suitable all weather access is provided and to prevent the rising of generated dust from the development.

 

Performance

 

The internal road from the Nancarrow Lane access to the proposed development including the vehicular access point, car parking shall be bitumen sealed and be maintained at all times to prevent the rising of dust generated from the development.

 

 

13. PROVISION OF TEMPORARY FACILITIES.

 

Objective

 

To provide temporary toilet facilities.

 

Performance

 

A temporary sewer or chemical toilet is to be provided on the property while building work is in progress to comply with the requirements of the SafeWork Authority. NOTE: This must be on-site prior to works commencing.

 

14. SOIL EROSION

 

Objective

 

To protect the water catchments.

 

Performance

 

Provide and maintain a silt intercept fence along the lower boundary of the site or as otherwise directed by the Council to ensure that silt does not enter the stormwater system/catchment.

 

15. IDENTIFICATION OF SITE

 

Objective

 

To clearly identify the site.

 

Performance

 

Provide a clearly visible sign to the site stating:-

a)   Unauthorised entry is prohibited

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

c)   Street number or lot number;

d)   Contact telephone number/after hours number;

e)   Identification of Principal Certifying Authority.

 

16. NOISE

 

Objective

 

To limit the impact of noise on adjoining properties.

 

Performance

 

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

 

7.00am and 7.00pm Monday to Friday

8.00am and 1.00pm Saturdays

No work is to be carried out on Sundays or Public Holidays. This includes site works and deliveries.

 

17. CRITICAL STAGE INSPECTIONS

 

Where the Principal Certifying Authority (PCA) appointed for the proposed building is Council, the following inspections for the proposed building work must be undertaken and approved by Council prior to such works being covered. In this regard, at least 24 hours’ notice shall be given to permit such inspections to be performed. When requesting inspections please quote Council’s DA approval number.

 

Critical Stage Inspections

·    The excavation and reinforcement for pad footings and piers prior to pouring concrete.

·    Foundation footings with reinforcement and level pegs in position prior to pouring of concrete;

·    Concrete floors/slabs with reinforcement and level pegs in position prior to pouring of concrete;

·    Framework for any roof, wall or other building element prior to covering;

·    The water- proofing systems installed in the buildings wet areas prior to covering;

·    Stormwater connections prior to covering (i.e. where it connects to the kerb and gutter, or an inter-connection with an existing stormwater pipe). 

·    Final inspection of the building upon its completion to its occupation or use.

 

 

18. DISABLED ACCESS ADVISORY CONDITION

 

Objective

 

Advisory Only.

 

Performance

 

Applicants are advised that provisions should be made to enable people with disabilities, as far as reasonable, safe equitable and dignified access to and within the building. This application does not imply nor confer compliance with the Commonwealth Disability Discrimination Act 1992. Applicants should satisfy themselves and make their own enquiries to the Human Rights and Equal Opportunity Commission. 

 

 

19. RUBBISH CONTROL

 

Objective

 

Statutory Requirement and Public Interest.

 

Performance

 

All rubbish and debris associated with the development, including that which can be windblown, must be contained on site in a suitable container at all times. The container shall be erected on the development site prior to work commencing.

Materials, sheds or machinery to be used in associated with the development must be stored and stacked wholly within the worksite unless otherwise approved by Council. 

 

Note 1: No rubbish or debris associated with the development will be placed or permitted to be placed on any adjoining public reserve, footway or road.

 

Note 2: Offenders are liable for prosecution without further warning.

 

20.         OFF STREET PARKING

 

Objective

 

To ensure an adequate level of off street parking is provided.

 

Performance

 

(a)       Provision shall be made within the site for a minimum of 12 clearly marked vehicular parking spaces, each to be of minimum dimensions 5.5 x 2.5 metres.

(b)       The proposed car parking and access areas are to be constructed of material that would avoid the potential raising of dust.

(c)        At no time shall any vehicle used in connection with the use of the premises be parked in the road reserve.

 

 

21. DRAINAGE

 

Objective

 

To ensure satisfactory disposal of roof stormwater run-off.

 

Performance

 

All roof water shall be collected through guttering and down piping, connected to a 100mm or 90mm PVC pipeline and shall be disposed of via rainwater storage tank with the over flor to discharge 3m clear of any buildings and property boundaries.

 

 

22. ON SITE SEWAGE MANAGEMENT (OSSM)

 

Objective

 

To ensure the proposed OSSM system and associated drainage work for this site is installed and maintained in accordance with the relevant Australian Standards and Council’s public Health and environmental performance expectations.

 

Performance

 

All drainage and sanitary plumbing work is to comply with the National Plumbing and Drainage Code (AS3500) and the NSW Code of Practice.

 

For any Aerated waste water treatment system the owner/occupier is to enter into a service agreement with an approved service contractor. Such agreement is to provide for regular service of the AWTS in accordance with the accreditation from NSW Health for the system approved. Copies of such service reports are to be provided to Council as soon as practical after each service.

 

 

23. SURFACE WATER

 

Objective

 

To ensure satisfactory drainage.

 

Performance

 

Surface water shall be directed away from the building to prevent ponding near the foundations of the building whilst ensuring surface water is not diverted to the detriment of adjoining properties.

 

24. WATER SUPPLY

 

Objective

 

Statutory requirement and Public Interest.

 

Performance

 

Details of Private Water Supply in accordance with the NSW Health Guidelines are to be provided to Council PRIOR to the release of the OCCUPATION CERTIFICATE 

 

25.         ERECTION OF RURAL ADDRESS NUMBER

 

Objective

 

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

 

Performance

 

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

 

Written notification is to be provided to Council indicating the rural addressing number has been erected.  This letter is to be supplied to Council or Principal Certifying Authority PRIOR to the issue of any Occupation Certificate for the development.

 

 

26.         SIGNAGE OF ENTRANCE / EXIT POINTS

 

Objective

 

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

 

Performance

 

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

 

27. BUSH FIRE CONTRIBUTIONS

 

Objective

 

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

 

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

 

Performance

 

Prior to release of any Occupation Certificate, the applicant is required to make a contribution of $402.50 to Cabonne Council towards the improvement of bushfire services and amenities for the Canobolas Bushfire Brigade (Income No: 10021).

 

 

 

28. OCCUPATION CERTIFICATE

 

Objective

 

To ensure compliance with the Environmental Planning & Assessment Act 1979.

 

Performance

 

All buildings will require an Occupation Certificate PRIOR to occupation/use of the building.

 

 

29. SCALE (GENERAL)

 

Objective

 

To ensure the development proceeds as approved.

 

Performance

 

The scale of development is limited to the eco-tourist facility as detailed by the approved plans.  

 

 

 

30. COMPLIANCE WITH CONDITIONS OF CONSENT

 

Objective

 

To ensure the development proceeds in the manner as determined by Council.

 

Performance

 

All conditions of this consent are to be compiled with prior to issue of final certification.


Item 26 Ordinary Meeting 24 April 2018

Item 26 - Annexure 1

 

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Item 27 Ordinary Meeting 24 April 2018

Item 27 - Annexure 1

 

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Item 27 Ordinary Meeting 24 April 2018

Item 27 - Annexure 2

 

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GENERAL MANAGER’S REPORT ON MATTERS FOR NOTATION SUBMITTED TO THE Ordinary Council Meeting TO BE HELD ON Tuesday 24 April, 2018

Page 1

TABLE OF CONTENTS

 

 

 

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

ITEM 2      RATES SUMMARY................................................................................ 2

ITEM 3      RESOLUTIONS REGISTER - INFOCOUNCIL - ACTIONS REPORTING    2

ITEM 4      COMMUNITY FACILITATION FUND................................................. 2

ITEM 5      ORANA HOUSE..................................................................................... 2

ITEM 6      STATUS OF RESERVE BALANCES ................................................ 2

ITEM 7      ECONOMIC DEVELOPMENT ACTIVITIES REPORT.................... 2

ITEM 8      LOCAL TRAFFIC COMMITTEE ......................................................... 2

ITEM 9      MOLONG LIBRARY PROJECT UPDATE........................................ 2

ITEM 10    ENGINEERING AND TECHNICAL SERVICES UPDATE REPORT   2

ITEM 11    RURAL HOLDINGS - WASTE MANAGEMENT CHARGES......... 2

ITEM 12    DEVELOPMENT APPLICATION 2018/115 - EXTERNAL PAINTING OF GROUND FLOOR FRONTAGE OF FORMER BANK BUILDING AT 46 BANK STREET, MOLONG................................................................................................. 2

ITEM 13    HERITAGE STRATEGY - IMPLEMENTATION OF HERITAGE ADVISOR'S RECOMMENDATIONS FOR BANK STREET HERITAGE PRECINCT, MOLONG................................................................................................................... 2

ITEM 14    DEVELOPMENT APPLICATIONS RECEIVED DURING MARCH 2018      2

ITEM 15    DEVELOPMENT APPLICATIONS APPROVED DURING MARCH 2018    2

ITEM 16    MEDIAN PROCESSING TIMES 2018................................................ 2

ITEM 17    BURIAL STATISTICS........................................................................... 2  

 

ANNEXURE ITEMS

 

ANNEXURE 1.1    Investment Report March 2018............................... 2

ANNEXURE 2.1    Rates graph March 2018.............................................. 2

ANNEXURE 3.1    Council................................................................................... 2

ANNEXURE 3.2    Traffic Light Report Summary............................... 2

ANNEXURE 5.1    Orana House Report Cabonne Council March 2018    2

ANNEXURE 9.1    Molong Library Concept Design........................... 2

ANNEXURE 10.1  Engineering Capital Works and Expenditure Report April 2018............................................................................................ 2 

 


 

 

ITEM 1 - INVESTMENTS SUMMARY

REPORT IN BRIEF

 

Reason For Report

Information provided in relation to Council's Investment Schedule.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.4.b. Maximise secure income through investments

Annexures

1.  Investment Report March 2018    

File Number

\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\FINANCIAL REPORTING\FINANCIAL REPORTS TO COUNCIL - 909777

 

Acting Finance Manager's REPORT

 

Council’s investments as at 31 March 2018 stand at a total of $45,976,549.

 

Council’s average interest rate for the month was 2.44%. The effect of the low cash rate is having a negative impact on term deposit rates offered by financial institutions. The Reserve Bank’s official cash rate remained steady at 1.50% during the month of March.   However, Council’s average rate is higher than Council’s benchmark rate of the 30 Day Bank Bill Swap Rate of 1.83%. 

 

Council’s investments are held with multiple Australian financial Institutions with varying credit ratings according to Council’s Investment Policy. The annexure to this report shows a break up of each individual institution that Council invests with and its “Standard and Poor’s” Credit Rating.

 

The Schedule of Investments for March 2018 is attached for Council’s information.

 

 

ITEM 2 - RATES SUMMARY

REPORT IN BRIEF

 

Reason For Report

Information provided in relation to Council's Rates collections.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.4.a - Level of rate of collection

Annexures

1.  Rates graph March 2018    

File Number

\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\FINANCIAL REPORTING\FINANCIAL REPORTS TO COUNCIL - 909849

 

Senior Rates Officer's REPORT

 

Rate Collection Summary to 31 March 2018 is attached for Council’s information.  The percentage collected is 75.8%, which is similar to previous years.

 

Rate reminder notices were issued early March for the third instalment amounts due 28 February 2018.

 

 

ITEM 3 - RESOLUTIONS REGISTER - INFOCOUNCIL - ACTIONS REPORTING

REPORT IN BRIEF

 

Reason For Report

To provide Council with a report on progress made in actioning its resolutions up to last month's Council meeting and any committee meetings held.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

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

Annexures

1.  Council

2.  Traffic Light Report Summary    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\RESOLUTION REGISTER - 900813

 

General Manager's REPORT

 

InfoCouncil generated reports are annexed including actions up to the previous month’s meetings resolutions.

 

Progress comments are provided until the final action comment which will also show “COMPLETE”: that item will then be removed from the register once resolved by the council.

 

Attached also is the “traffic light” indicator system that enables the council to identify potential areas of concern at a glance.

 

Councillors should raise any issues directly with the directors as per the mayor’s request.

 

 

ITEM 4 - COMMUNITY FACILITATION FUND

REPORT IN BRIEF

 

Reason For Report

To report on approved expenditure under the Community Facilitation Fund (CFF).

Policy Implications

Nil

Budget Implications

Within existing budget allocation

IPR Linkage

3.3.5.a. Review community need for new and upgraded facilities

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GRANTS AND SUBSIDIES\PROGRAMS\COMMUNITY FACILITATION FUND - 909756

 

General Manager's REPORT

 

Council adopted guidelines for the Community Facilitation Fund (CFF) in March 2015.  The CFF was created for smaller community projects not originally included in the council’s budget, to be allocated at the discretion of the Mayor and Deputy Mayor.

 

As a reminder, the guidelines for the CFF are as follows:

 

1.   Projects where no existing vote for the works has been allocated or the vote is insufficient to complete the project.

 

2.   Recipients must be community based not-for-profit groups.

 

3.   Mayor and Deputy Mayor to jointly approve funds (with the General Manager as proxy if one is not available).

 

4.   Allocation of funds to be reported to the next available council meeting.

 

5.   Limit of $3,000 per allocation unless other approved by council.

 

There were NIL allocation of funds made in the past month.

 

 

 

         

 

ITEM 5 - ORANA HOUSE

REPORT IN BRIEF

 

Reason For Report

To advise Council of information received in relation to Orana House

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

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

Annexures

1.  Orana House Report Cabonne Council March 2018    

File Number

\OFFICIAL RECORDS LIBRARY\COUNCIL PROPERTIES\MAINTENANCE\CANOWINDRA - LOT 126 DP 1105484, FERGUSON STREET, CANOWINDRA,  known as ORANA HOUSE - 909660

 

Director of Finance and Corporate Services' REPORT

 

Please see the attached information provided to Council regarding Orana House.

 

ITEM 6 - STATUS OF RESERVE BALANCES

REPORT IN BRIEF

 

Reason For Report

To advise Councillors of the status of Reserve balances

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.4.d Level of reserves and provisions monitored

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\FINANCIAL REPORTING\FINANCIAL REPORTS TO COUNCIL - 910263

 

Director of Finance and Corporate Services' REPORT

 

The purpose of this report is to detail Council’s internal reserves as requested at the March Council meeting.

 

Reserves are used put aside money to fund specific areas in future years where Council will have commitments. Internal Reserves are created by Council when it judges that there will be a future commitment, whereas External Reserves are required to be maintained by legislation.

 

Reserves play a big part in ensuring Council’s long term financial viability because the funding for a specific eventuality is available rather than Council having to find the money in the budget or undertake borrowings. They safeguard Council from being forced to undertake borrowings due to not having the money for a specific project or eventuality. No reserve balances have been identified as surplus to requirements.

 

Definitions of each internal reserve and the Projected balances, as at 30 June 2019, for both external and internal reserves are shown below. Reserve balances are reported quarterly to Council by inclusion in the Quarterly Budget Review.

 

 

 

 

 

 

 

ITEM 7 - ECONOMIC DEVELOPMENT ACTIVITIES REPORT

REPORT IN BRIEF

 

Reason For Report

To update councillors on economic development activities undertaken by Council's Community Engagement and Development unit.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

2.1.1.a - Develop a current Economic Development Plan for Cabonne

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\ECONOMIC DEVELOPMENT\REPORTING\COUNCIL REPORTS - 910157

 

Community Engagement and Development Manager's REPORT

 

What’s On in Cabonne Newsletter

TP Action 2.1.1, 3.1.2

 

The Cabonne ‘What’s On’ Newsletter promoted 27 events and activities for the month of April 2018. Events included numerous events held in Cabonne for FOOD WEEK, Cumnock Long White Lunch, Eugowra Country Fair, Amusu Theatre screenings and the various markets across the shire that are proving very popular in Cabonne. There are 350 hard copies distributed throughout Cabonne shire, posted on Cabonne and Discover the Riches websites and circulated extensively through Cabonne’s database. These newsletters continue to grow and attract community interest.

 

Upcoming Events

 

Upcoming events in the Cabonne LGA include:

 

·    Canowindra Balloon Challenge 21-29 April  2018

·    ANZAC Day commemorations at various villages 25 April 2018

·    Canowindra Make It, Bake It, Grow It Market 27-28 April 2018

·    Taste Orange Watson Bay 6 May 2018

·    Cycling NSW Road Championship (3 day event)  22 September 2018

·    Baroque Fest Canowindra  19-21 October 2018

·    Australian National Field Days 25-27 October 2018

 

Community Group Development

EDS Objective 9.4

 

The ED&T Team has administered the following enquires and/or met with:

 

a)   Australian National Field Days

b)   Age of Fishes Museum – ongoing support

c)   Destination NSW

d)   Central NSW Tourism

e)   Campervan & Motorhome Club of Australia –Dump Point liaison

f)    CENTROC

g)   Eugowra Progress and Promotion Association

h)  MAG Molong liaison

i)    Cumnock Progress Association

j)    Regional Tourism Organisation Sub- Committee

k)   Canowindra Business Chamber

 

 

Caravan & RV Facilities

 

Council is currently exploring the opportunity of another dump point in Canowindra to be located at the Showground.

 

Council’s Tourism and Community Development Coordinator attended the Cabonne Caravan Parks Committee meeting in Cudal. Cabonne’s caravan parks are reporting an increase in activity.  

 

 

Business Inquiries & Development

EDS Objective 10.7, 9.2

 

Council has administered the following enquires and/or met with:

 

a)   Tourist Destination Organisation

b)   Baroque Festival - Canowindra

c)   TASAC – Signage

d)   CENTROC.

e)   Destination NSW

f)    Orange City Council

g)   Adloyalty

h)  Blayney Council

i)    Central NSW Business HQ

j)    Australian National Field Days

k)   Yeoval Progress Association.

l)    Central NSW Tourism.

m)  Regional Development Australia

n)  Central West Lifestyle Magazine

o)   Office of Regional Development

p)   Caravanning & Camping Magazine

q)   Wander Magazine

 

Meetings Attended

 

·    Cabonne Caravan meeting 7 March 2018

·    CENTROC Tourism Group – fortnightly teleconference

·    Destination Country & Outback DMP Feedback 27 March 2018

·    CENTROC Tourism Managers Meeting 4 April 2018

·    CCTAC Meeting 11 April 2018

·    Newcrest Challenge Bike Ride debrief  11 April 2018

·    Adloyalty marketing brainstorm 11 April 2018

·    Orange Region Tourism  12 April 2018

 

 

Cabonne Country Tourism Advisory Committee (CCTAC) Meeting

 

CCTAC held its second meeting for 2018 at the Age of Fishes Museum,  Canowindra on April 11.

 

The museum’s manager Anne Clarke provided an informative introduction and presentation to the members and covered future goals and direction.

 

The Discover the Riches television advertising campaign is receiving positive feedback and the partner pamphlet is proving very popular with visitors to the area.

 

CCTAC members agreed to hold the next meeting in Molong on 13 June 2018.

 

Newcrest Challenge Bike Ride

 

Council’s Tourism and Community Development Coordinator attended the Newcrest Challenge debrief on Wednesday 11 April 2018. The meeting was organised by the event organisers Bicycle Network and attendees included representatives from Orange and Blayney Councils, NSW Police and RMS.

 

The 2018 event attracted 1400 riders from all States of Australia, with 50% completing the 170km course. Riders started that course in Orange before having morning tea in Cargo and lunch at Canowindra. They then rode to Mandurama and completed the event in Orange.

 

While some Canowindra businesses reported a strong increase in trade and visitors to the area, Cabonne Council fielded a number of complaints from community members concerning road closures in Cargo and Canowindra. These issues were raised and discussed at the briefing session where Bicycle Network said they would work to address community concerns and minimise risk in the future. Next year’s event is expected to be held on 30-31 March 2019, although this is yet to be finalised.

 

 

 

ITEM 8 - LOCAL TRAFFIC COMMITTEE

REPORT IN BRIEF

 

Reason For Report

To advise Council of of the function of the Local Traffic Committee

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\GOVERNANCE\REPORTING\ENGINEERING AND TECHNICAL SERVICES REPORTING - 910396

 

Director of Engineering & Technical Services' REPORT

 

In order to deal with the large number and range of traffic related matters effectively, the Roads and Maritime Services (RMS) has delegated certain aspects of the control of traffic on local roads to councils.

 

The RMS has retained both the control of traffic on the State's classified road network and the control of traffic signals on all roads.

 

The RMS delegation to councils limits the types of prescribed traffic control devices and traffic control facilities that Council can authorise and imposes certain conditions on councils. One of these conditions requires councils to obtain the advice of Roads and Maritime Services and the Police prior to proceeding with any proposal. This is achieved by councils establishing a Local Traffic Committee (LTC).

 

Council must refer all traffic related matters to the LTC prior to exercising its delegated powers. The LTC considers the technical merits of each proposal it receives and ensures that the proposal meets current technical guidelines. When considering a proposal, each formal member of the LTC is entitled to one vote. These votes must be recorded as part of the meeting minutes if the decision is not unanimous.

 

The LTC has no decision-making powers and Council is not bound by the advice of its LTC. Should a Council decide to proceed with a proposal that does not have the unanimous support of the LTC, however, then Council must notify the RMS and the NSW Police Force in writing and wait 14 days from that point before proceeding.

 

The LTC is not a committee under the Local Government Act 1993.

Cabonne Council Local Traffic Committee

The Committee has 4 formal (voting) members:-

A Local Council representative

A NSW Police Force representative

An RMS representative

The local State Member of Parliament (MP) or their nominee  

 

However, due to the recent re-engineering of the Local Area Commands (LACs) Cabonne LGA is now covered by 3 Police districts, namely Chiffley Police District, Orana Mid-Western Police District and Central West Police District. Should a local traffic committee issue require action from the Police in Yeoval or Canowindra, a representative of the respective police district will provide the necessary input.

 

The operating arrangements for the LTC are contained within the RTA Guidelines- A guide to the delegation to councils for the regulation of traffic, including the operation of Traffic Committees.

 

The LTC meeting is a face-to-face meeting held monthly in the office of Council. All proposals recommended by the LTC must be formally approved by the elected local Council, subject to certain limitations. LTC meetings do not have public galleries. However, the LTC may allow residents or other interested stakeholders to address the committee. The Council, in consultation with the formal members of the LTC, may also decide to have additional informal (non-voting) advisors to the LTC who can provide input into the process. These additional advisors can include a:

 

Road Safety Officer

Ministry of Transport representative

NSW Fire and Rescue representative

Ambulance Service

Bus operator representative

Transport Workers Union representative

Chamber of Commerce representative

 

Generally, informal advisors are not required to attend every LTC meeting. Their attendance is only required when items appear on the Agenda which affect their area of expertise or responsibility. The informal advisors of the committee are not entitled to vote. Under no circumstances are residents or other non-member stakeholders permitted to remain at a meeting while the proposal is debated and a vote taken by the members.

                     

 

 

 

 

ITEM 9 - MOLONG LIBRARY PROJECT UPDATE

REPORT IN BRIEF

 

Reason For Report

To update council on the Molong Library Project

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

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

Annexures

1.  Molong Library Concept Design    

File Number

\OFFICIAL RECORDS LIBRARY\COUNCIL PROPERTIES\DESIGN AND CONSTRUCTION\MOLONG - PROPOSED NEW LIBRARY AND COMMUNITY MEETING ROOM - 910559

 

Director of Engineering & Technical Services' REPORT

 

Council recently requested Expressions of Interest from three consultants to prepare concept designs for the Mitchell Room in Bank Street, Molong, to be utilised for the Molong Library Project.

 

From the submissions received, Council accepted the proposal from Designs At M from Orange, as it met the project brief as requested. A preliminary cost estimate of the design concept that was received from them, indicates that it will fit within the current allocated budget. A copy of the design concept is attached.

 

Council will submit a Development Application based on the proposal received from Designs At M.

 

 

ITEM 10 - ENGINEERING AND TECHNICAL SERVICES UPDATE REPORT

REPORT IN BRIEF

 

Reason For Report

To update council on works progress in the Engineering and Technical Services Department.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

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

Annexures

1.  Engineering Capital Works and Expenditure Report April 2018    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\REPORTING\ENGINEERING AND TECHNICAL SERVICES REPORTING - 910398

 

Director of Engineering & Technical Services' REPORT

 

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

 

ITEM 11 - RURAL HOLDINGS - WASTE MANAGEMENT CHARGES

REPORT IN BRIEF

 

Reason For Report

For the information of council

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

5.3.1.b Manage the operation of the Cabonne landfills to maximise environmental controls

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\WASTE MANAGEMENT\FEES AND CHARGES\WASTE MANAGEMENT AND FACILITY CHARGES - RATE NOTICES - 909073

 

Director of Environmental Services' REPORT

 

Council operates landfill sites within the shire at Cumnock, Manildra and Canowindra, and a site at Eugowra that is located within the Forbes Local Government Area. In addition, council facilitates transfer stations at Yeoval and Cargo. The latter two sites also contain former landfill operations and are sites under environmental remediation and monitoring. Council is also responsible for the management of the environmental legacy of former landfill sites at Cudal, Molong and Eugowra.

 

The council’s waste management roles extends also to public communication and education programs (recycling and waste reduction, Waste to Art, school education campaigns, public education eg composting workshops etc) through its regional partnership participation with Netwaste. Council has a further waste management function responding to/ investigating reports of illegal dumping of rubbish (and clean up) on road reserves and upon Crown and State land.

 

Council, through its Netwaste 10 year waste management contract, facilitates weekly and fortnightly kerb side waste collection services for its towns, villages and settlements. General waste is transferred to council’s landfill sites, while recycled material is transferred to the JR Richards depot at Orange for transfer to Sydney for processing. Also part of the various Netwaste contracts are programs that provide for an annual bulk waste collection as an extension of the kerb side contract, and management of programs and contracts for disposal of e-waste, tyres, farm chemicals, household chemicals, green waste, scrap metal, oil and other materials such as batteries. Provision of each of these services, along with the operation of the land fill sites and transfer stations, has an associated cost to council.

 

The waste management function of council is solely funded by income generated from waste management charges levied on ratepayers, and the user pay access charges applied at each landfill and transfer station site. Council’s General Fund does not contribute to the function.

 

In order to fund operations for the management of the landfill and transfer station sites, along with rehabilitation and construction works at each site, a levy applies to rate holdings within the garbage collection areas. This enables council’s long term strategic and financial planning to ensure adequate savings are available for the facilitation of landfill closures and post-closure management and monitoring.

 

Residents within the garbage collection areas (ie having a JR Richards service) currently pay a waste management charge of $355.90 per year. An annual future capital works remediation and waste management charge is incorporated into the domestic waste management charge.

 

Rural residents located outside of the garbage collection areas and within council’s defined tip access zones currently pay a waste management charge of $31.70 per year plus a future capital works remediation fee of $31.70 per year, per rates assessment notice. The two amounts total $63.40 per year (being $1.22 per week).

 

Residents located outside of both the garbage collection areas and council’s defined tip access zones do not contribute any fee towards the provision and management of council’s land fill sites. This applies to residents in the eastern areas of Cabonne who do not have nearby access to a Cabonne Council land fill site.

Council’s fees and charges apply to the disposal of waste at its land fill sites and transfer stations. The access charge applies to the depositing of general waste and commercial waste. The fees apply to all persons accessing the waste management sites (rate payers / residents/ commercial operators / and persons not residing within Cabonne).

Council accepts at no charge materials suitable for recycling (and therefore diversion from land fill) including glass, aluminium and steel cans, certain plastic material, paper and cardboard, green waste (lawn clippings), and scrap metal. The Community Recycling Centre at the Manildra landfill site accepts at no charge batteries, fluorescent light tubes, paint and e waste. However, having accepted the material, council bears any cost associated with the contracts to transfer the material off site for processing.

Council generates income from the waste management services by sale of recyclable material such as received scrap metal. The value of these commodities though fluctuates, with the returns for glass, paper and plastics currently being negligible.

The waste management levy of $1.22 per week equivalent generates $167,820 income per year, and is separate to the land fill and transfer station access fees that apply to all persons using those sites. The charges contribute to the operational cost of the existing waste management sites and associated environmental waste management programs within Cabonne, and for the environmental legacy associated with land fill closures, site remediation and long term environmental site monitoring. The annual operation cost of the waste management program of council is in excess of $1,100,000 annually, with the aim of council to be both environmentally sustainable while delivering a cost neutral service to its community.

 

 

ITEM 12 - DEVELOPMENT APPLICATION 2018/115 - EXTERNAL PAINTING OF GROUND FLOOR FRONTAGE OF FORMER BANK BUILDING AT 46 BANK STREET, MOLONG

REPORT IN BRIEF

 

Reason For Report

For council's information

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

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

Annexures

Nil   

File Number

\Development Applications\DEVELOPMENT APPLICATION\2018\03-2018-0115 - 908477

 

Director of Environmental Services' REPORT

 

A development application was submitted to council, following the partial re-painting of the ground floor front façade of 46 Bank Street, Molong. As the property is identified as an item of local heritage significance and is located within the Bank Street Heritage Conservation Area the development application was neighbourhood notified.  Council has received three submissions objecting to the selected external colour scheme.

 

As outlined in the Heritage Advisor’s report to council in March 2018, an invitation has been extended to the property owner of 46 Bank Street, Molong, to meet with council’s heritage advisor to discuss the heritage aspects of the building, its conservation and the proponent’s vision for the future use of the property. That meeting took place on 9 April 2018, with a range of matters discussed.

 

The property owner has indicated that the application as submitted may be revised following the discussions with council’s Heritage Advisor, to address the both the proposed use of the building as well as providing further consideration of the external finishes for the building. The development application has been placed on hold, pending submission of revised information from the applicant.

 

ITEM 13 - HERITAGE STRATEGY - IMPLEMENTATION OF HERITAGE ADVISOR'S RECOMMENDATIONS FOR BANK STREET HERITAGE PRECINCT, MOLONG

REPORT IN BRIEF

 

Reason For Report

For the information of council

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.3.2.b Heritage advisory service provided

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GRANTS AND SUBSIDIES\PROGRAMS\HERITAGE GRANTS 2018 - 909074

 

Director of Environmental Services' REPORT

 

The council at its meeting of 27 March 2018 requested a report considering opportunities to implement the Heritage Advisor’s recommended strategies for Bank Street, Molong.

 

The Heritage Advisor’s March 2018 report, as included in the council’s March business paper included the following comments:

 

A Strategy for the Bank Street Heritage Conservation Area

The following steps are recommended to Council:

1.   Describe broad big picture vision which can be reviewed and endorsed by Council. The vision should relate to the best possible presentation of the traditional features of the buildings and the street. The following are the recommended aims:

a.   Each building, heritage or contemporary, to have colour scheme which suits the style and period and is in good order;

b.   Council to provide a consistent high quality of street furniture through the street consisting of heritage benches and suitable rubbish bins;

c.   Each business to have signs which meet the Council Code and provide both a Business Identity sign and compliant temporary portable signs – A frames and banners;

d.   Council to refurbish and sign the public toilets.

2.   Council to seek public comment on the aims, modify the issues after feedback and then develop a plan and budget for a 5 year implementation of projects which meet the Vision.

 

Council is required to prepare a comprehensive Development Control Plan (DCP) to partner the Cabonne Local Environmental Plan 2012. Within such a DCP would be a chapter on heritage which would provide guidelines for property owners (including council) and developers to assist with the identification of the heritage significance of sites and places, and to provide information on managing older buildings to achieve modern day living style whilst being sympathetic to the architecture or cultural significance of the property.

 

Council can continue to support heritage conservation initiatives by its ongoing commitment to providing an annual heritage grants program for minor conservation works to private properties, and to continue to annually facilitate the heritage advisory service.

 

 

 

 

 

 

ITEM 14 - DEVELOPMENT APPLICATIONS RECEIVED DURING MARCH 2018

REPORT IN BRIEF

 

Reason For Report

Details of development applications received during the preceding month.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.3.a. Provide efficient and effective development assessment

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\DEVELOPMENT AND BUILDING CONTROLS\BUILDING AND DEVELOPMENT APPLICATIONS\REPORTING - DEVELOPMENT APPLICATIONS TO COUNCIL - 909350

 

Director of Environmental Services' REPORT

 

Development Applications have been received during the period 01/03/2018 to 31/03/2018 as detailed below.

 

SUMMARY OF DEVELOPMENT APPLICATIONS RECEIVED

 

TYPE

ESTIMATED VALUE

Section 68 Only x 13

$----

Subdivision (5 Lot Rural)

$----

Boundary Adjustment

$----

Modification of 5 Lot Rural Subdivision

$----

Modification to Temporary Primitive Camping Ground

$----

Modification to 4 Lot Rural Subdivision

$----

Modification to Relocation of Dwelling

$----

Modification to Café/Lolly Shop Signage & Ramp

$----

Modification to Remote Control Car Track

$----

Painting of Facade

$----

Event

$----

Temporary Event (Canowindra Balloon Festival)

$----

Farm Stay Accommodation & Temporary Events

$----

In-Ground Swimming Pool

$----

Bed & Breakfast

$----

Demolition of Dwelling & Shed

$----

Storage Shed & Retaining Wall

$20,000

Alterations & Additions to Existing Dwelling and Construction of a Storage Shed

$250,000

Garage & Rumpus Room

$60,000

Shipping Container (Storage)

$2,700

Garage

$31,800

Storage Shed

$32,500

Farm Stay Accommodation

$300,000

Dwelling with Attached Garage

$436,000

Dwelling

$715,000

Agricultural Produce in Industry (Winery) & Signage

$700,000

Storage Shed

$100,854

Land Use for Inground Pool and Covered Deck

$30,000

Shed & Attached Carport

$12,500

Dual Occupancy

$619,300

Relocation of Dwelling

$55,000

Storage Shed

$130,000

Dwelling

$286,000

Erection of Rural Fire Station

$200,000

TOTAL: 46

$3,981,654

 

 

 

 

SUMMARY OF COMPLYING DEVELOPMENT APPLICATIONS RECEIVED

 

TYPE

ESTIMATED VALUE

Swimming Pool

$43,910

TOTAL: 1

$43,910

GRAND TOTAL: 47

$4,025,564

 

 

ITEM 15 - DEVELOPMENT APPLICATIONS APPROVED DURING MARCH 2018

REPORT IN BRIEF

 

Reason For Report

Details of development applications approved during the preceding month.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.3.a. Provide efficient and effective development assessment

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\DEVELOPMENT AND BUILDING CONTROLS\BUILDING AND DEVELOPMENT APPLICATIONS\REPORTING - DEVELOPMENT APPLICATIONS TO COUNCIL - 909508

 

Director of Environmental Services' REPORT

 

Development Applications have been approved during the period 01/03/2018 to 31/03/2018 as detailed below.

         

SUMMARY OF APPROVED DEVELOPMENT APPLICATIONS

 

TYPE

ESTIMATED VALUE

Section 68 Only x 7

$-----

Modification for Demolition of existing Dwelling & Construct Replacement Dwelling

$-----

Modification to Relocation of Dwelling

$-----

Modification to Storage Facility for Age of Fishes Museum

$-----

Markets - Canowindra

$-----

Markets - Cargo

$-----

Markets - Molong

$-----

Canowindra Balloon Festival

$-----

Temporary Event

$-----

Alterations & Additions to existing Winery

$145,000

Detached Storage Shed Extension

$18,420

Alterations & Additions to existing Dwelling

$48,000

Dwelling

$250,000

Garage

$40,100

Storage Shed

$30,000

Dwelling with Detached Shed

$650,000

Storage Shed & Retaining Wall

$20,000

Installation of 3 LPG Tanks

$50,000

Shipping Container (Storage)

$2,700

Dwelling with attached Garage

$436,000

Replacement of Front Fence

$9,500

TOTAL: 27

$1,699,720

 

 

SUMMARY OF APPROVED COMPLYING DEVELOPMENT APPLICATIONS

                                            

TYPE

ESTIMATED VALUE

In-ground Swimming Pool

$36,175

Swimming Pool

$43,910

TOTAL: 2

$80,085

 

GRAND TOTAL: 29

$1,779,805

Previous Month:

$

 

 

ITEM 16 - MEDIAN PROCESSING TIMES 2018

REPORT IN BRIEF

 

Reason For Report

To provide information on median processing times.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

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

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\DEVELOPMENT AND BUILDING CONTROLS\BUILDING AND DEVELOPMENT APPLICATIONS\REPORTING - DEVELOPMENT APPLICATIONS TO COUNCIL - 909735

 

Director of Environmental Services' REPORT

 

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

 

YEAR

MEDIAN ACTUAL DAYS

2013

34

2014

15

2015

28.5

2016

30

2017

33.5

 

Summary of median Application Processing Times for 2018:

 

MONTH

MEDIAN ACTUAL DAYS

January

36

February

24.5

March

22

April

 

May

 

June

 

July

 

August

 

September

 

October

 

November

 

December

 

 

 

ITEM 17 - BURIAL STATISTICS

REPORT IN BRIEF

 

Reason For Report

To provide information on burial statistics.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

3.3.1.a - Maintain cemeteries in accordance with community requirements

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\PUBLIC HEALTH\CEMETERIES\REPORTING -  BURIAL STATISTICS - 909736

 

Director of Environmental Services' REPORT

 

YEAR

NO OF BURIALS

2006/07

59

2007/08

62

2008/09

57

2009/10

65

2010/11

40

2011/12

54

2012/13

54

2013/14

80

2014/15

66

2015/16

64

2016/17

41

July

7

August

8

September

9

October

7

November

4

December

4

January

4

February

0

March

6

April

 

May

 

June

 

Total

49

  


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ENGINEERING EXPENDITURE and PROJECTS FOR 2017/2018

 

 

APRIL 2018 REPORT

Budget

Actuals

14 - Administration

$4,864,500

 

Plant Fund Plant Purchases

$3,333,886

$1,235,433

Replace Council's Website

$69,000

$40,000

Connellys Store Upgrade – internal upgrade.

$72,436

$8,580.60

Telephone System Replacement landline

$80,500

 $63,390.00

Orange  Depot -Installation of Security Fence and Gate

$34,500

$21,780

Training Room - Fit Out

$6,000

$0.00

Orange Depot - Lunchroom & Storage for Equipment

$11,500

$3,043.64

Corporate Performance Reporting Tool

$57,500

$56,588

Replace  Printer / Copier Fleet - Includes 16 Small Printers -5 Large Multifunction Devices

$198,375

$0 

Mobile Purchase Order Approvals Device

$29,095

$0 

Refurbishment of Canowindra HACC Office and Library

$230,000

$600.00 

Yeoval Depot - Supply and Install Air Conditioner

$2,990

$2,232.82

Cumnock  Depot - Supply and Install Air Conditioner

$2,990

$2,227.27 

Replace Waluwin Alarm and Access Control System

$17,250

$0 

Large Format Printer Scanner for Cudal Office

$17,250

$0 

Redundant Network Links - Using the NBN install  redundant network links to offices, depots

$57,500

$4,606 

Purchase of Asset Management Software and Necessary Training

$100,000

$32,225.00

Gscan Vehicle tester

$17,250

$13,600

E Approvals - Software and Implementation -Environmental Services to process DA's Electronically

$46,000

$0

Hitech Support - 40 Hours Assistance

$9,775

$8,480

Configuration of Spectrum Spatial Analyst - Exponaire's replacement

$57,500

$0

16 - Public Order & Safety

$413,694

 

Moorbel Bush Fire shed

$38,287

$17,403.41

The Ponds  Extension

$22,111

$1,840.91

Lidster Fire Station

$240,000

$16,514.55

Cumnock RFS Station

$400,000

$13,139

North Bangaroo RFS Station

$200,000

$18,110

19 - Environment

$3,303,126

 

Install Solar Security at Council's 6 Waste Management Facilities

$207,000

$0 

Voluntary Purchase – 14 Cooper St, Eugowra.  5 Betts Street, Molong

$345,000

$0

Molong Floodplain - Flood Levee

$21,551

$31,681,.25

Molong Old Gasworks Site - Establish  Car Park /Open Space Precinct

$14,950

$0

Canowindra Stormwater Drainage - Stage 1

$200,000

$413.50

Puzzle Flat Creek Levee

$2,426,625

$248.80

Eugowra Storm Water - Plan for 17/18 Budget

$88,000

$0 

22 - Housing & Community Amenities

$131,611

 

Canowindra Cemetery - Upgrade /complete internal driveways and pathways

$57,500

$0

Molong Cemetery - Upgrade/complete internal driveways and pathways

$47,086

$9,723  

24 - Cabonne Water

$15,617,364