Agenda of Ordinary Meeting

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 1January 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

Political Disclosures

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

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

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

Nil planning application disclosures have been received.

Nil public submission disclosures have been received.

Summary

The following report provides an assessment of 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

6027902 Site 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,

(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

(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.

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.

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.

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.

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

Political Disclosures

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

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

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

Nil planning application disclosures have been received.

Nil public submission disclosures have been received.

SUMMARY

The following report provides an assessment of the 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

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) 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,