cabonne Council colour 200 wide

 

 

 

 

 

 

 

 

 

17 May 2018

 

NOTICE OF Ordinary Council Meeting

 

Your attendance is respectfully requested at the Ordinary Meeting of Cabonne Council convened for Tuesday 22 May, 2018 commencing at 2.00pm, at the Cabonne Council Chambers, Bank Street, Molong to consider the undermentioned business.

 

 

 

Yours faithfully

SJ Harding

GENERAL MANAGER

 

 

ORDER OF BUSINESS

 

1)       Open Ordinary Meeting

2)       Consideration of Mayoral Minute

3)       Consideration of General Manager’s Report

4)       Resolve into Committee of the Whole

a)    Consideration of Called Items

b)    Consideration of Closed Items

5)      Adoption of Committee of the Whole Report

 

 

 

 

 

 

 

 

 

 


 

ATTENDEES – MAY 2018 COUNCIL MEETING

 

 

1:15pm

1.15pm Launch of 2018 Daroo Awards

1:30pm

Lunch

2:00pm

Caddie Marshall – Orange Region Tourism Brand

 

Students from:

Canowindra High - Chanse McLean &Ella Gruessing

Yeoval Central - Blake Cameron & Sydney Tremain

Molong Central - Sharna Campbell & Claudia Thorne

 

 

 


 

 

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

 

 

 

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

 

 


         

 

 

 

 

 

 

 

 

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 


GENERAL MANAGER’S REPORT ON MATTERS FOR DETERMINATION SUBMITTED TO THE Ordinary Council Meeting TO BE HELD ON Tuesday 22 May, 2018

Page 1

TABLE OF CONTENTS

 

 

 

ITEM 1      APPLICATIONS FOR LEAVE OF ABSENCE.................................. 5

ITEM 2      DECLARATIONS OF INTEREST....................................................... 5

ITEM 3      DECLARATIONS FOR POLITICAL DONATIONS.......................... 6

ITEM 4      MAYORAL MINUTE - APPOINTMENTS........................................... 6

ITEM 5      COMMITTEE OF THE WHOLE........................................................... 7

ITEM 6      GROUPING OF REPORT ADOPTION.............................................. 8

ITEM 7      CONFIRMATION OF THE MINUTES................................................. 8

ITEM 8      CANOWINDRA RETIREMENT VILLAGE UPDATE....................... 9

ITEM 9      PAYMENT OF EXPENSES AND PROVISION OF FACILITIES FOR MAYOR AND COUNCILLORS POLICY................................................................... 10

ITEM 10    LOCAL GOVERNMENT REMUNERATION TRIBUNAL ............. 11

ITEM 11    LOCAL GOVERNMENT WEEK 2018.............................................. 12

ITEM 12    REGIONAL ECONOMIC DEVELOPMENT STRATEGY.............. 13

ITEM 13    DRAFT CABONNE COUNCIL PLAN OF MANAGEMENT FOR COMMUNITY LAND................................................................................................................. 15

ITEM 14    POLICY DATABASE - REVIEW BY COUNCIL WITHIN 12 MONTHS OF ELECTION................................................................................................................. 16

ITEM 15    WESTERN REGION ACADEMY OF SPORT................................. 26

ITEM 16    SENIORS' FESTIVAL......................................................................... 27

ITEM 17    REQUESTS FOR DONATIONS........................................................ 28

ITEM 18    YOUNG PEOPLE TO ADDRESS COUNCIL MEETING............... 30

ITEM 19    BRAND RECOGNITION STUDY...................................................... 31

ITEM 20    CANOWINDRA FISH FOSSILS DEED OF GIFT........................... 32

ITEM 21    PROPOSAL FOR DISC GOLF IN MOLONG................................. 34

ITEM 22    ADDITIONAL PROJECTS FOR 2017/2018.................................... 35

ITEM 23    DONATION OF HALL FEES FOR MOLONG SHOW SOCIETY 36

ITEM 24    LOCAL HERITAGE GRANT APPLICATION - REPLACEMENT FENCE AT UNITING CHURCH, SPRING HILL.................................................. 37

ITEM 25    LOCAL HERITAGE FUND APPLICATION - RESTORATION TO SHOP FRONT AT 9 BANK STREET, MOLONG............................................................. 39

ITEM 26    REQUEST FOR DONATION - S68 FEES PAID BY CUMNOCK PRE SCHOOL AS PART OF THE DEVELOPMENT APPROVAL PROCESS.......... 41

ITEM 27    MODIFICATION APPLICATION DA 2014/0092/3 FOR A BIO MASS FUEL BOILER AT LOT 270 DP 821835 DEROWIE STREET, MANILDRA........ 42

ITEM 28    MODIFICATION APPLICATION DA 2018/006/1 FOR SUBDIVISION OF LAND AT 545 PALINGS YARD LOOP, BOWAN PARK................................ 51

ITEM 29    DEVELOPMENT APPLICATION 2018/0084 RESTAURANT AND CELLAR DOOR 194 NANCARROW LANE, NASHDALE......................................... 51

ITEM 30    QUESTIONS FOR NEXT MEETING................................................ 51

ITEM 31    MATTERS OF URGENCY................................................................. 51

ITEM 32    BUSINESS PAPER ITEMS FOR NOTING...................................... 51

ITEM 33    COMMITTEE OF THE WHOLE SECTION OF THE MEETING... 51

Confidential Items

 

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

 

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

Procedural

ITEM 2      GENERAL MANAGER'S PERFORMANCE REVIEW

(a) personnel matters concerning particular individuals (other than councillors)

ITEM 3      CENTROC - PARTICIPATION IN A LINEMARKING CONTRACT

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

ITEM 4      EXTENSION OF BITUMEN SEALING CONTRACT NO. 657587

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

ITEM 5      REQUEST FOR CONSIDERATION OF WATER CHARGES FOR 4553680002

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

ITEM 6      REQUEST FOR CONSIDERATION OF WATER CHARGES FOR 994125000004

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

ITEM 7      DEBT RECOVERY REPORT OF OUTSTANDING DEBTS

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

ITEM 8      CONTRACT FOR SUPPLY AND DELIVERY OF COLDMIX ASPHALT

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

 

ANNEXURE ITEMS

 

ANNEXURE 7.1    April 24 2018 Ordinary Council Meeting Minutes 51

ANNEXURE 7.2    May 8 2018 Extraordinary Council Meeting Minutes  51

ANNEXURE 8.1    Public Private Partnership - Canowindra Retirement Village Project............................................................. 51

ANNEXURE 10.1  Local Government Remuneration Tribunal - Annual Report and Determination 2018............................ 51

ANNEXURE 12.1  20180327 OrangeBlayneyCabonne REDS Final 51

ANNEXURE 12.2  20180404 OBC_Supporting_Analysis_v14 Final 51

ANNEXURE 13.1  Generic POM Community Land 2018...................... 51

ANNEXURE 14.1  DRAFT - Code of Meeting Practice Policy...... 51

ANNEXURE 14.2  DRAFT - Mobile Phones Policy................................ 51

ANNEXURE 14.3  DRAFT - Event Management Policy...................... 51

ANNEXURE 15.1  Cabonne Western Region Academy of Sport 51

ANNEXURE 17.1  Molong Show Society - Request for sponsorship 2018 Show...................................................................................... 51

ANNEXURE 17.2  Eugowra's Most Wanted Mural Meet 2018.... 51

ANNEXURE 17.3  Molong District Soccer Club............................... 51

ANNEXURE 19.1  Cabonne Brand Recognition_Report............... 51

ANNEXURE 20.1  Letter and proposal RE Australian Museum and Canowindra Fish Fossils.......................................... 51

ANNEXURE 21.1  Disc Golf Submission to Council - Kevin Costa 2018   51

ANNEXURE 27.1  Conditions of modified approval 2014 0092 3 51

ANNEXURE 29.1  Attachment Plan........................................................... 51

ANNEXURE 29.2  DA18 0084 DRAFT CONDITIONS OF CONSENT 1....... 51 

 


 

 

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 - 888734

 

 

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 - 888736

 

 

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 - 888738

 

 

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 - 888741

 

 

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 - 888743

 

 

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 - 888744

 

 

Recommendation

 

THAT:

1.    Councillors call any items they wish to further consider

2.    Items 7 to 13 be moved and seconded.

 

 

General Manager's REPORT

 

Items 7 to 13 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.  April 24 2018 Ordinary Council Meeting Minutes

2.  May 8 2018 Extraordinary Council Meeting Minutes    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - MINUTES - 2018 - 888746

 

 

Recommendation

 

THAT the minutes of the Ordinary meeting held 24 April 2018 and the Extraordinary Meeting held 8 May 2018 be adopted.

 

General Manager's REPORT

 

The following minutes are attached for endorsement:

 

1.   Minutes of the Ordinary Council meeting held on 24 April 2018; and

2.   Minutes of the Extraordinary Council meeting held on 8 May 2018.

 

ITEM 8 - CANOWINDRA RETIREMENT VILLAGE UPDATE

REPORT IN BRIEF

 

Reason For Report

To provide advice regarding the latest developments in relation to  the proposed Canowindra Retirement Village.

Policy Implications

Nil

Budget Implications

Included in 2019/2020 Budget

IPR Linkage

3.2.1.b Facilitate retirement and aged care projects and services

Annexures

1.  Public Private Partnership - Canowindra Retirement Village Project    

File Number

\OFFICIAL RECORDS LIBRARY\COMMERCIAL ACTIVITIES\JOINT VENTURES\PUBLIC PRIVATE PARTNERSHIP  PROPOSED RETIREMENT VILLAGE - CORNER BLATCHFORD and MILL STREETS - 926180

 

 

Recommendation

 

THAT the Mayor and General Manager be appointed as additional members to the Canowindra Retirement Village Project Working Committee.

 

General Manager's REPORT

 

Councillors have previously been advised that the Office of Local Government has responded to Council’s request for assessment of the proposal to enter into a Public Private Partnership (PPP) for the establishment of a retirement village in Canowindra, advising that the proposal is considered low risk. (copy attached)

 

Arrangements have been made for a preliminary meeting with Council’s proposed partner on 28 May to further discuss details of the proposal, including financials. A working committee was established a number of years ago with the current membership being Clr Walker and the Director of Finance and Corporate Services with Clr Durkin as the alternate representative.

 

At the time the working party was established the current General Manager was the Director of Finance and Corporate Services and had been involved in the project since its inception, the former Mayor also attended meetings of the working committee. To ensure continuity of direction for the project it is recommended that the Mayor and General Manager be appointed as additional members of the working committee.

 

 

ITEM 9 - PAYMENT OF EXPENSES AND PROVISION OF FACILITIES FOR MAYOR AND COUNCILLORS POLICY

REPORT IN BRIEF

 

Reason For Report

Councils are required to review their 'Councillor Expenses and Facilities' policy within the first 12 months of each term of Council

Policy Implications

Will become Council's policy once adopted

Budget Implications

Within budget allocation

IPR Linkage

4.5.1.i Policy on payments of expenses and provision of facilities for Mayors and Councillors to be adopted within 12 months of new council term

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\CORPORATE MANAGEMENT\POLICY\POLICY CORRESPONDENCE - 924162

 

 

Recommendation

 

THAT Council:

 

1.   Note there were no submissions relating to the adoption of the Payment of Expenses & Provision of Facilities for Mayor and Councillors Policy; and

 

2.   Adopt the advertised draft Payment of Expenses & Provision of Facilities for Mayor and Councillors Policy including limits for expenses listed, without any changes.

 

Administration Manager's REPORT

 

At its March 2018 Council meeting a draft policy was submitted for consideration of any changes which Council may wish to make prior to advertising. No changes were proposed by Council.

 

It was resolved:

 

“THAT Council:

 

1.    Endorse the draft Payment of Expenses and Provision of Facilities for Mayor and Councillors Policy;

 

2.    In accordance with the provisions of the Local Government Act 1993, advertise the intended adoption of  the Council’s Payment of Expenses & Provision of Facilities for Mayor and Councillors Policy; and

 

3.    Receive a further report to the May Council meeting for consideration of submissions and adoption of the Payment of Expenses & Provision of Facilities for Mayor and Councillors Policy.”

 

A public notice was placed and copies of the draft policy submitted to Council at its March Council meeting were made available through the Council’s offices throughout the LGA and on Council’s website.

 

Submissions

 

The closing date for public submissions was 9 May 2018.

 

Under the Local Government Act, councils must consider any submissions received and make any appropriate changes to the policy, however there were no submissions received to consider.

 

ITEM 10 - LOCAL GOVERNMENT REMUNERATION TRIBUNAL

REPORT IN BRIEF

 

Reason For Report

To resolve the quantum of payments to the Mayor and Councillors for the 2018/2019 financial year

Policy Implications

Council's policy is that Council continue to pay fees to councillors and the Mayor at the maximum amounts

Budget Implications

Yes - increase in budget allocation to the value of increase in councillors remuneration adopted

IPR Linkage

4.5.1.c. Provide appropriate mechanisms for democracy and participation for Cabonne residents

Annexures

1.  Local Government Remuneration Tribunal - Annual Report and Determination 2018    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNMENT RELATIONS\LOCAL AND REGIONAL LIAISON\LOCAL GOVERNMENT REMUNERATION TRIBUNAL - 924221

 

 

Recommendation

 

THAT from 1 July 2018 the annual fees payable to each councillor be set at $11,860 and the additional annual payable fee to the Mayor be set at $25,880.

 

Administration Manager's REPORT

 

The Local Government Remuneration Tribunal (the Tribunal) is required to report to the Minister for Local Government by 1 May each year as to its determination of categories of councils and the maximum and minimum amounts of fees to be paid to mayors, councillors, and chairpersons and members of county councils.

 

Categories

 

The Tribunal has reviewed the criteria that apply to the categories of councils and the allocation of councils into those categories. It found that there was no strong case to change the criteria or the allocation of councils into categories at this time.

 

The criteria applicable to each of the categories are published in Appendix 1 of the determination (attached) and are unchanged from 2017. In accordance with s239 of the Local Government Act (1993), the categories of councils have been determined as follows:

 

Metropolitan

Non-metropolitan

Principal CBD

Regional City

Major CBD

Regional Strategic Area

Metropolitan Large

Regional Rural

Metropolitan Medium

Rural

Metropolitan Small

 

 

Cabonne Council has been categorised as Rural.

 

Fees

 

The tribunal has determined that the minimum and maximum fees applicable to each category will be increased by 2.5% which is consistent with the government’s policy on wages.

 

Accordingly, Council is able to set annual fees in the following range:

 

                   Councillor:         Minimum fee     $8,970       Maximum fee $11,860

                   *Mayor:               Minimum fee     $9,540       Maximum fee $25,880

 

*This fee must be paid in addition to the fee paid to the Mayor as a Councillor in accordance with s249(2) of the Local Government Act (1993).

 

 

ITEM 11 - LOCAL GOVERNMENT WEEK 2018

REPORT IN BRIEF

 

Reason For Report

To determine activities for Local Government Week 2018

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.2.c. Engage with community to determine future needs & objectives

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\RECREATION AND CULTURAL SERVICES\EVENTS MANAGEMENT\LOCAL GOVERNMENT WEEK 2014 - 2018 - 910055

 

 

Recommendation

 

THAT councillors visit local primary schools in conjunction with an inspection of major capital projects as part of Local Government Week 2018.

 

Acting Administration Officer's REPORT

 

Local Government Week 2018 is due to take place from Monday 30 July until Sunday 5 August 2018. This year's theme is ‘The Power of Community’.

On Tuesday 8 May 2018 councillors attended a workshop to consider ideas for events for Local Government Week 2018. Many options were considered however councillors agreed that they would visit local primary schools in conjunction with an inspection of major capital projects in the shire.

 

 

ITEM 12 - REGIONAL ECONOMIC DEVELOPMENT STRATEGY

REPORT IN BRIEF

 

Reason For Report

To inform Council of the Orange, Blayney and Cabonne Regional Economic Development Strategy prepared in conjunction with the NSW Department of Premier & Cabinet

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

2.1.1.a Develop a new Economic Development Plan for Cabonne

Annexures

1.  20180327 OrangeBlayneyCabonne REDS Final

2.  20180404 OBC_Supporting_Analysis_v14 Final    

File Number

\OFFICIAL RECORDS LIBRARY\ECONOMIC DEVELOPMENT\REPORTING\COUNCIL REPORTS - 925627

 

 

Recommendation

 

THAT Council adopt the Orange, Blayney and Cabonne Regional Economic Development Strategy 2018–2022.

 

Community Engagement and Development Manager's REPORT

 

The Orange, Blayney and Cabonne Regional Economic Development Strategy 2018–2022, developed with the assistance of the NSW Government, has been completed. (Copies of the Strategy and Supporting Analysis document are attached as annexures).

 

The strategy sets out a long term economic vision and associated strategy for the Orange, Blayney and Cabonne Local Government Areas.

 

Prepared by consultants AgEconPlus, the strategy was formed in collaboration with the three councils, key stakeholders and the broader regional community, which benefited from economic-analytical assistance from the NSW Government’s Centre for Economic and Regional Development.

 

It builds on the region’s endowments, specialisations and economic core competencies to guide investment over the next four years. Economic principles suggest that endowments and specialisations play a key role in the development of regional economies. The Strategy aims to leverage the region’s endowments:

 

a.   Its topography, water, climate and soils;

b.   Natural and mineral resources;

c.   Central NSW location; access to Sydney, Brisbane and Melbourne;

d.   Diverse agricultural lands;

e.   Health and aged care;

f.    Education infrastructure;

g.   Lifestyle advantages;

h.   Aboriginal heritage;

i.    Historic heritage and villages; and

j.    Strong local institutions.

 

These endowments are the basis of the region’s current specialisations in mining, sheep and cattle farming, food product manufacturing, health and aged care, education and State Government administration. They also support the potential for the region’s emerging specialisation in tourism.

 

These endowments and specialisations were identified through data analysis and subsequently informed and were confirmed through the community consultation process. The Strategy, which builds on the endowments, specialisations and core competencies, aims to:

 

i.    Develop existing strengths in agriculture, agricultural processing, agri-technology and manufacturing;

ii.   Support growth in mining and mining services;

iii.  Build on the region’s core specialisation in health and aged care;

iv.  Realise economic opportunity in education and public administration; and

v.   Drive tourism growth and enhance the livability of the region.

 

The Strategy also takes account of regional risks and how they might be addressed. Council had allocated $50,000 in its current Budget to undertake an economic development plan.

 

Because the strategy was developed through the NSW Government’s Department of Premier & Cabinet at no cost to Council, this amount has now been included in the 2018-2019 draft Budget to implement recommendations in the Regional Economic Development Strategy.

 

 

 

ITEM 13 - DRAFT CABONNE COUNCIL PLAN OF MANAGEMENT FOR COMMUNITY LAND

REPORT IN BRIEF

 

Reason For Report

For Council to adopt the Plan of Management for Community Land.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

3.3.5.a Review community need for new and upgraded facilities

Annexures

1.  Generic POM Community Land 2018    

File Number

\OFFICIAL RECORDS LIBRARY\PARKS AND RESERVES\PLANNING\PLANS OF MANAGEMENT - 925727

 

 

Recommendation

THAT the draft Generic Plan of Management for Community Land be adopted.

 

Director of Engineering & Technical Services' REPORT

 

At the 27 February 2018 Ordinary Council meeting a draft generic plan of management was submitted for consideration prior to advertising. It was resolved at the meeting:-

“THAT in relation to the report “Draft – Cabonne Council Plan of Management for Community Land 2018” Council approve:

1.   The public exhibition of the draft Cabonne Council Plan of Management for Community Land 2018 for a period of 28 days; and

2.   A further report to be submitted at the completion of the formal exhibition period detailing any submissions received for Council’s consideration.”

A public notice was placed and copies of the draft plan submitted to Council at its February Council meeting were made available through the Council’s offices throughout the LGA and on Council’s website.

 

Submissions

 

The closing date for public submissions was 15 April 2018.

 

Under the Local Government Act, councils must consider any submissions received and make any appropriate changes, however there were no submissions received to consider.

 

 

ITEM 14 - POLICY DATABASE - REVIEW BY COUNCIL WITHIN 12 MONTHS OF ELECTION

REPORT IN BRIEF

 

Reason For Report

For Council to consider local policies previously adopted and consider proposed update, deletion and/or merger

Policy Implications

Yes - Policy database will be updated

Budget Implications

Nil

IPR Linkage

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

Annexures

1.  DRAFT - Code of Meeting Practice Policy

2.  DRAFT - Mobile Phones Policy

3.  DRAFT - Event Management Policy    

File Number

\OFFICIAL RECORDS LIBRARY\CORPORATE MANAGEMENT\POLICY\POLICY CORRESPONDENCE - 925907

 

 

Recommendation

 

THAT:

 

1.   The policies listed in the report detailed “minor changes” be re-adopted;

 

2.   The policies listed in the report detailed “without change” be re-adopted; and

 

3.   The annexed draft Code of Meeting Practice Policy, Mobile Phones Policy and the Events Management Policy (recommended changes detailed in report) be adopted.

 

Administration Manager's REPORT

 

Council are aware that under s165(4) of the Local Government Act 1993:

 

“(4) A local policy (other than a local policy adopted since the last general election) is automatically revoked at the expiration of 12 months after the declaration of the poll for that election. “

 

Council is therefore required to review and re-adopt all of its policies (except those adopted since the last election) within 12 months of being elected.

 

Councillors were notified in January that local policies are available on their iPads and given the opportunity to provide any comments or suggestions to the General Manager. No policies were referred for consideration.

 

The following policies have been reviewed and have a recommendation indicating that they be deleted or re-adopted. Whenever a policy has been substantially altered a copy is annexed for Council’s consideration and adoption.

 

POLICIES TO BE RE-ADOPTED WITH THE LISTED CHANGES

 

Owner

Author

Policy

Changes Made

DFCS

Administration Manager

Code of Meeting Practice Policy

Changes made to Public Addresses and Questions (Page 23):

“Council’s policy is that members of the public be given the opportunity to address Council at a public forum on the second Tuesday of each month.

Members of the public shall, upon prior request, be allowed to address Councillors at allocated public forums on matters, provided the matter is within the responsibilities of Council and not a general request for council services – members of the public will be allocated 5 minutes to do so.  A written request, using the Public Address Application form, must be lodged to Council by 12pm on the Wednesday before the meeting.”

Please note - this policy will be further reviewed once new guidelines are issued from the OLG.

DFCS

System Administrator

Mobile Phones Policy

Dot point under personal usage added to make it clear that we can recover the cost of excess data fees as a result of personal usage.

Minor formatting issues were also corrected.

GM

Economic Development Manager

Event Management Policy

St John’s is now St John (page 5).

Ten million dollars ($10M) is now twenty million dollars ($20M) (page 7).

Dot points 22 and 23 have been added to Conditions to Apply for All Events (page 7)

Author job title updated to Community Engagement & Development Manager.

 

POLICIES TO BE RE-ADOPTED WITH MINOR CHANGES (Typographical, Grammatical or Discrepancies in Title of Author etc.)

 

Owner

Author

Policy

Recommendation

DETS

Assets Manager

Alcohol Control in Public Places

Author changed to Manager Technical Services.

DETS

Assets Manager

Cabonne Water Supply Policy

Author changed to Manager Technical Services.

DETS

Assets Manager

Committee Meetings – Traffic Committee Policy

Author changed to Manager Technical Services. Road Rules 2014 added to Associated Legislation. Traffic and Transport Technical Directions on the RMS Website added to Related Documents.

DETS

Assets Manager

Community Facility Direction Signs Policy

Author changed to Manager Technical Services. Road Rules 2014 replaced 2008 in Associated Legislation.

Minor typographical errors corrected.

DETS

Assets Manager

Council Swimming Pools - Private Use Policy

Author changed to Manager Technical Services.

DETS

Assets Manager

Hall Hire Fees - Molong and Cudal Policy

Author changed to Manager Technical Services.

DETS

Assets Manager

Local Road Naming Policy

Author changed to Manager Technical Services.

Minor grammatical errors corrected.

DETS

Assets Manager

Public Use of Sporting Fields Policy

Author changed to Manager Technical Services. Supervisor title updated in Responsibilities.

DETS

Assets Manager

Public Water Supplies - Restriction Policy

Author changed to Manager Technical Services.  

DETS

Assets Manager

Road Closure and Purchase Applications Policy

Author changed to Manager Technical Services.

DETS

Assets Manager

Road Load Limits Policy

Author changed to Manager Technical Services.

Road Rules 2014 added to Associated Legislation.

DETS

Assets Manager

School Bus Stops - Signs Policy

Author changed to Manager Technical Services. Minor typographical correction made.

DETS

Assets Manager

Temporary Road Closures (Other Than Emergency or Road Works) Policy

Author changed to Manager Technical Services.

DETS

Assets Manager

Tree Management Policy

Author changed to Manager Technical Services.

DETS

Design and Assets Manager

Clear Zone Policy

Author Changed to Manager Technical Services. Minor grammatical and spelling errors fixed

DETS

Design Manager

Land Acquisition - Public Roads Act Policy

Author changed to Manager Technical Services. Public Roads Act changed to Roads Act in Policy Statement.

DETS

Design Manager

Water Service Through Culverts Policy

Author changed to Manager Technical Services.

DETS

Operations Manager – Roads and Bridges

Quarries - Reserve for Restoration Policy

Tuckers Pit removed as it has been sold to Wild’s Quarry. Job title updated to Operations Manager – Roads and Bridges

DETS

Operations Manager – Roads and Bridges

Road Openings - Private Water Pipelines Policy

Job title updated to Operations Manager – Roads and Bridges

DETS

Operations Manager – Urban Services and Utilities

Voluntary Purchase Policy

Author changed to Manager Technical Services.

Minor grammatical error corrected. Addition of “Under the directions of the Manager of Technical Services” to 9.3 in Responsibilities.

DETS

Road and Traffic Assets Coordinator

Asset Management Policy

Non-current assets figure updated to $569,908,000 (as at 30 June 2017)

DFCS

Administration Manager

ANZAC Day Commemorations Policy

Change made to formatting of title

DFCS

Administration Manager

Gifts and Benefits Policy

Minor changes to formatting (justification) and one typo

DFCS

Assets Manager

Gravel Royalty Rates Policy

“for the purchase of gravel by Council from landowners” added to Summary.

Work Health and Safety (Mines and Petroleum Sites) Act 2013 and Health and Safety (Mines and Petroleum Sites) Regulation 2014 replaced old legislation in Associated Legislation.

Fleet added to Supervisors.

“to the land owner” added to and “Stock Movement” removed from Policy Statement

DFCS

DFCS

Industrial Water Supply Charges Policy

One typo corrected

DFCS

Human Resources Officer

Child Protection Policy

Change Human Resources Officer to Human Resources Coordinator

DFCS

Risk Management Officer

Accident and Incidents Reporting and Investigation Policy

 

Where OHS Act 2000 and any other OHS reference, change to WHS Act 2011 and WHS respectively. WHS Regs 2011 to replace OHS Regs.
Change Risk Management Officer to Risk Management Coordinator.

DFCS

Risk Management Officer

Alcohol and Other Drugs Policy

Change Risk Management Officer to Risk Management Coordinator. Where OHS Act 2000 and any other OHS reference, change to WHS Act 2011 and WHS respectively. WHS Regs 2011 to replace the OHS Regs.

DFCS

Risk Management Officer

Gathering Information - A Risk Management Policy

Where OHS Act 2000 and any other OHS reference, change to WHS Act 2011 and WHS respectively. WHS Regs 2011 to replace OHS Regs. Change Risk Management Officer to Risk Management Coordinator.

DFCS

Risk Management Officer

Health and Safety Committee - Formation Policy

Change Risk Management Officer to Risk Management Coordinator. Where OHS Act 2000 and any other OHS reference, change to WHS Act 2011 and WHS respectively. WHS Regs 2011 to replace OHS Regs.

DFCS

Risk Management Officer

Managing Volunteers Policy

Change Risk Management Officer to Risk Management Coordinator. Where OHS Act 2000 and any other OHS reference, change to WHS Act 2011 and WHS respectively. WHS Regs 2011 to replace OHS Regs

DFCS

Risk Management Officer

Roads or Footpaths Incident Apology Policy

Change Risk Management Officer to Risk Management Coordinator. Where OHS Act 2000 and any other OHS reference, change to WHS Act 2011 and WHS respectively. WHS Regs 2011 to replace OHS Regs

DFCS

Risk Management Officer

Work Health and Safety and Workers Compensation Policy

Change Risk Management Officer to Risk Management Coordinator. Where OHS Act 2000 and any other OHS reference, change to WHS Act 2011 and WHS respectively. WHS Regs 2011 to replace OHS Regs

DFCS

Risk Management Officer

Work Health and Safety Policy

Change Risk Management Officer to Risk Management Coordinator. Where OHS Act 2000 and any other OHS reference, change to WHS Act 2011 and WHS respectively. WHS Regs 2011 to replace OHS Regs

DFCS

Risk Management Officer

Work Place Safety Audits and Inspections Policy

Change Risk Management Officer to Risk Management Coordinator. Where OHS Act 2000 and any other OHS reference, change to WHS Act 2011 and WHS respectively. WHS Regs 2011 to replace OHS Regs

Remove Document name and location under related documents, (there is no intranet).

10 Policy statement
2nd paragraph, change to A member of the WHS Committee member will, together with the Risk Management Coordinator….. (the rest as is).

Minor typo corrected

GM

DFCS

Outstanding Service Awards – Elected Members Policy

Removal of word quadrennial before Local Government Election. Correction to one typo

GM

Economic Development Manager

Regional Neighbouring Councils Cooperation Policy

Dubbo City, Wellington Shire councils are now Dubbo Regional Council

Change made to job title – EDM to Community Engagement & Development Manager)

GM

Promotion and Tourism Officer

Australian National Field Days – Award Policy

Change Author Title to Tourism and Community Development Coordinator

 

POLICIES TO BE RE-ADOPTED WITHOUT CHANGE

Owner

Author

Policy

DES

DES

Asbestos Policy

DES

DES

Building Alignment Policy

DES

DES

Building Inspections Policy

DES

DES

Dwelling Entitlements – Use of SEPP1 Policy

DES

DES

Guarantees Bond – Minimum Requirement Policy

DES

DES

Housing Construction – Water Tanks Policy

DES

DES

Medium Density Housing – Development Standards Policy

DES

DES

Memorials and Monuments on Council Land Policy

DES

DES

Mud-Brick Construction Policy

DES

DES

Notice of Application to Erect a Building Policy

DES

DES

Onsite Waste Water Management Systems Policy

DES

DES

Promotional Signage within the Cabonne Council Area Policy

DES

DES

Reconstitution of Existing Holdings Policy

DES

DES

Right to Farm Policy

DES

DES

Swimming Pool Inspection Policy

DES

Manager Building and Environment

Dwarf Walls Policy

DES

Manager Building and Environment

Footpaths – Use for Outdoor Eating Areas Policy

DES

Manager Building and Environment

Installation of Hail Cannons Policy

DES

Manager Building and Environment

Restriction to user – No Dwelling Entitlement Policy

DES

Manager Building and Environment

Scare Guns Policy

DES

Manager Building and Environment

Use of Colorbond in Visually Prominent Areas Policy

DES

Senior Environmental Services Officer

Domestic Waste Management Charge – Vacant Premises and Flats Policy

DES

Senior Environmental Services Officer

Genetically Modified Organisms

DES

Senior Environmental Services Officer

Waste Management Charges – Community Groups Policy

DES

Senior Environmental Services Officer

Audible Bird Scaring Devices Policy

DES

Senior Environmental Services Officer

Cabonne Cemeteries Policy

DES

Senior Environmental Services Officer

Council Landfill Sites – Access Policy

DES

Senior Environmental Services Officer

Dog Control Policy

DES

Senior Environmental Services Officer

Evaluation of Dangerous or Menacing Dog Declarations Policy

DES

Senior Environmental Services Officer

Feral or Infant Companion Animals Management Policy

DES

Senior Environmental Services Officer

Waste Collection Districts Policy

DETS

Operations Manager – Roads and Bridges

Disposal of Minor Assets Policy

DETS

Operations Manager – Roads and Bridges

Roads – Fencing, Ramps Policy

DETS

Operations Manager – Roads and Bridges

Street and Stream Signage Policy

DETS

Operations Manager – Roads and Bridges

Work by Private Contractors on Public Roads, Reserves and Private Property Policy

DFCS

Administration Manager

Australia Day Policy

DFCS

Administration Manager

Committees Under s355 Policy

DFCS

Administration Manager

Councillors and Mayoral Fees Annual Review Policy

DFCS

Administration Manager

Delegates to Central Tablelands Water Policy

DFCS

Administration Manager

Records and Information Management Policy

DFCS

Administration Manager

Related Party Disclosure Policy

DFCS

Administration Manager

Third Party Legal Costs Policy

DFCS

Administration Manager

Youth Ambassador Award Policy

DFCS

Community Services Manager

Active Australia – Local Government Network Policy

DFCS

Community Services Manager

Community Services Visitors Scheme Policy

DFCS

Community Services Manager

Health Services Policy

DFCS

DES

Columbarium – Use of Fees Policy

DFCS

DFCS

No Forced Amalgamations Policy

DFCS

DFCS

Official Office Hours Policy

DFCS

DFCS

Receipting Facility Orange – Casual Office Facilities Policy

DFCS

DFCS

Revenue Policy

DFCS

Finance Manager

Caravan Park Fees for Pensioners Policy

DFCS

Finance Manager

Cash Discrepancies Policy

DFCS

Finance Manager

Interest Rates on Loans Policy

DFCS

Finance Manager

Investment Policy

DFCS

Finance Manager

Loans – Sewerage Connection Policy

DFCS

Finance Manager

Manildra Recreation Ground – Electricity Charges Policy

DFCS

Finance Manager

Pensioners’ Rates Policy

DFCS

Finance Manager

Private Works Policy

DFCS

Finance Manager

Rate Income – Maximising of Policy

DFCS

Finance Manager

Rating – Farmland Policy

DFCS

Finance Manager

Restriction, Disconnection and Debts Recovery for User Pays Water Accounts Policy

DFCS

Finance Manager

Road Funding Grants Use Policy

DFCS

Finance Manager

Source of Finance Policy

DFCS

Finance Manager

Water Supply Connections (Other than Standard Town Connection) Policy

DFCS

Senior Rates Clerk

Request for Reduction in Water and Sewerage Consumption Policy

GM

Community Engagement & Development Manager

Use of Cabonne Council Logo policy

GM

GM

Australian Flag Policy

 

 

 

ITEM 15 - WESTERN REGION ACADEMY OF SPORT

REPORT IN BRIEF

 

Reason For Report

The Western Region Academy of Sport is seeking a contribution from Council for 2018/19

Policy Implications

Nil

Budget Implications

Nil  

IPR Linkage

4.4.1.c Provide assistance to community groups

Annexures

1.  Cabonne Western Region Academy of Sport    

File Number

\OFFICIAL RECORDS LIBRARY\COMMUNITY RELATIONS\SPONSORSHIP - DONATIONS\SPONSORSHIP - DONATIONS - 2018 - 920655

 

 

Recommendation

 

THAT Council contribute $754 to the Western Region Academy of Sport for 2018/19.

 

Community Services Manager's REPORT

 

The Western Region Academy of Sport (WRAS) has written to Council requesting a donation towards their programs of 5.536 cents per capita with this totalling $754. A contribution to the Academy is included in Council’s budget.

 

The WRAS has expressed its appreciation for the ongoing support of Cabonne Council.

 

The Academy’s major focus is on working to identify, develop and provide pathways for talented sports people in the Western Region.

 

Outstanding athletes from Cabonne assisted by the Western Region Academy of Sport in 2017 included, Millah Allcorn (hockey), Harrisen Bryant (cycling), Sophie Brisbane (netball), Rhiannon Dennis (netball), and Alexandria Emerson (netball).

 

 

 

ITEM 16 - SENIORS' FESTIVAL

REPORT IN BRIEF

 

Reason For Report

To advise Council of Seniors' Festival activities

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

3.2.1.b Facilitate retirement and aged care projects and services

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\COMMUNITY SERVICES\SERVICE PROVISION\SENIOR CITIZENS SERVICES - 924180

 

 

Recommendation

 

THAT Council support the Seniors’ Festival by donating:

 

1.  $500 to the Eugowra Lions Club

2.  $500 to the Canowindra Lions Club

3.  $358 to Community Transport to cover transport costs

 

Community Services Manager's REPORT

 

The Seniors’ Festival is the new name for what was previously known as Seniors’ Week. The 2018 Senior’s Festival ran from Friday 4 April to Sunday 15 April 2018 and the following activities occurred:

 

·    The Canowindra Lions Club hosted a luncheon on Friday 13 April at Montrose House, Canowindra. Thirty eight guests from Canowindra attended the lunch, with all those present receiving a gift from the Lions Club.

 

·    The Eugowra Lions Club hosted a very successful luncheon on Monday 9 April. The Lions Club catered for 120 guests from Eugowra, Manildra, Molong, Cargo, Cudal, Canowindra and Grenfell. Guests enjoyed entertainment from the Eugowra Public and St Joseph’s Primary Schools, delicious food and raffles donated by local businesses.

 

·    Community Transport took 40 seniors from Cabonne Shire to the Premier’s Gala Concert, held at the International Convention Centre Darling Harbour.

 

Council has a budget of $1,358 allocated for the Seniors’ Festival activities and it is proposed to distribute this as recommended to assist the organisations listed in meeting the costs of conducting the above activities.

 

 

ITEM 17 - REQUESTS FOR DONATIONS

REPORT IN BRIEF

 

Reason For Report

For Council to consider the requests received for donations

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.4.1.c Provide assistance to community groups

Annexures

1.  Molong Show Society - Request for sponsorship 2018 Show

2.  Eugowra's Most Wanted Mural Meet 2018

3.  Molong District Soccer Club    

File Number

\OFFICIAL RECORDS LIBRARY\COMMUNITY RELATIONS\SPONSORSHIP - DONATIONS\SPONSORSHIP - DONATIONS - 2018 - 924477

 

 

Recommendation

 

THAT Council:

 

1.   Donate $100 to Molong Show Society Inc.

2.   Donate $250 to the Eugowra Mural Committee

3.   Donate $300 to Molong District Soccer Club

 

Community Services Manager's REPORT

 

Molong Show Society Inc, now in its 154th year, have requested sponsorship towards the 2018 Show. The Show will be held on Sunday 16 September 2018. Sponsorship will be acknowledged in the Show Schedule. In 2017 Council donated $100 towards the Photography section.

 

The Eugowra Mural Committee is again hosting the annual Mural Meet, which is due to be held 18 – 20 May. This Mural Meet has become an outstanding community event, since its inaugural meet in 2012, which has not only brightened up the village but attracted many visitors to Eugowra.

 

Whilst an original request for donation was received to assist with the event, a donation now would assist to offset those costs incurred during the event.

 

Molong District Soccer Club have requested assistance to purchase a set of portable soccer goals to enable the club to create an additional field on Hunter Caldwell Oval. The new portable goals will be the correct size for the Under 10 and Under 11 teams who are currently playing on a field with goals that are too large, as per team rules.

 

Cabonne Council will be recognised in club promotional material.

 

The total cost of the portable goals is $700. The Molong Soccer Club has requested assistance of $300 with the club contributing the remaining $400.

 

 

Should Council wish to make these donations there remains $1,056 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

$300          Cancer Care Western NSW

$150          Moyne Aged Care Plus

 

 

 

 

ITEM 18 - YOUNG PEOPLE TO ADDRESS COUNCIL MEETING

REPORT IN BRIEF

 

Reason For Report

Young people from Cabonne have been invited to address Council's May meeting

Policy Implications

NIL

Budget Implications

NIL

IPR Linkage

3.1.2.b Organise for young people to address Council annually

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\COMMUNITY SERVICES\SERVICE PROVISION\YOUTH SERVICES - 920113

 

 

Recommendation

 

THAT Council consider the matters raised by young people at this meeting.

 

Community Services Manager's REPORT

 

Council has invited young people from Canowindra High School, Yeoval Central School and Molong Central School to address this Council meeting on matters that are important to them.

 

Students attending are Chanse McLean and Ella Gruessing from Canowindra High School, Blake Cameron and Sydney Tremain from Yeoval Central School, and Sharna Campbell and Claudia Thorne from Molong Central School.

 

It is expected that there will be thoughtful suggestions from these young people that are addressing Council.

 

 

ITEM 19 - BRAND RECOGNITION STUDY

REPORT IN BRIEF

 

Reason For Report

To inform Council of the results of a recognition study of Cabonne Council's current brand

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

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

Annexures

1.  Cabonne Brand Recognition_Report    

File Number

\OFFICIAL RECORDS LIBRARY\ECONOMIC DEVELOPMENT\REPORTING\COUNCIL REPORTS - 925544

 

 

Recommendation

 

THAT Council not proceed with a rebranding strategy.

 

Community Engagement and Development Manager's REPORT

 

At its Ordinary Meeting on 24 October 2017, Council considered a report from the General Manager on whether Council wished to proceed with a rebranding strategy. Council resolved that before considering such a strategy that a brand recognition study be undertaken to determine how well the current brand is recognised.

 

After seeking quotations, Council engaged Adloyalty, of Canowindra, to undertake the study. Key objectives of the study were to:

 

a.   Measure the current level of Cabonne Council brand recognition;

b.   Evaluate the emotional connection to the Cabonne brand; and

c.   Gain an insight into the brand values and elements.

 

The study is now complete and the results are available for Council’s consideration. As part of the exercise, participants in the research were asked to identify seven council logos, which had the names of the particular council removed. Cabonne’s “Food Basket” logo achieved the highest recognition factor at 95%. Results of the logo recognition question were:

 

1.   Cabonne 95%

2.   Parkes 93%

3.   Orange 71%

4.   Dubbo 40%

5.   Weddin 34%

 

Respondents were also asked:

 

i.    To tick the most relevant descriptors of the Cabonne brand;

ii.   What they liked about it;

iii.  Whether it was representative of the local area; and

iv.  What the brand meant to them.

 

Almost 79% said the Cabonne brand was representative of the local area, more than 65% described the brand as regional and 23% described it as warm.

 

Respondents liked that it was regional (19%) and represented products (15%), food (14%), rural (9%) and farming (8%).  In response to what the brand meant to them, food (21%), local (12%), community (11%) and farming (8%) were the top replies. However, 6.25% of those surveyed said the brand made them feel proud.

 

The overview was that the current logo is accepted as representing and highlighting the country flavour, industry and diversity of Cabonne and what it produces. While it conveys the regional and brand message, several people commented that it was outdated or needed refreshing.

 

There seems to be an attachment to the bright eye-catching colours, showcasing the agricultural and country element of the Shire. People are familiar with and attached to the idea of Cabonne being a “food basket”.

 

The full brand recognition study is attached as an annexure.

 

ITEM 20 - CANOWINDRA FISH FOSSILS DEED OF GIFT

REPORT IN BRIEF

 

Reason For Report

To inform Council of a request by the Australian Museum to further discuss a Deed of Gift to transfer the ownership of the Canowindra Fish Fossil Slabs

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.2.1.a Maintain current level of support to museums in Cabonne

Annexures

1.  Letter and proposal RE Australian Museum and Canowindra Fish Fossils    

File Number

\OFFICIAL RECORDS LIBRARY\ECONOMIC DEVELOPMENT\REPORTING\COUNCIL REPORTS - 925891

 

 

Recommendation

 

THAT Council agree to a request from the Australian Museum for a meeting to further discuss the future of the Canowindra Fish Fossils

 

Community Engagement and Development Manager's REPORT

 

Background

 

At its Ordinary Meeting on 27 March 2018, Council resolved not to proceed with a proposed Deed of Gift to transfer the ownership of the 370 million-year-old Canowindra fish fossil slabs from Cabonne Council to the Australian Museum. This followed more than two years of negotiations after a request by the Australian Museum for Council to donate the fossils to the museum.

 

Last year a final draft Deed of Gift, with a number of corrections and amendments reviewed by Council’s solicitors, was forwarded to the Australian Museum, which referred the documents to the Crown Solicitor for advice.

 

Subsequently, the museum advised Council that the Crown Solicitor recommended against signing the Deeds in their current form, raising concerns that the draft Deed of Gift prevented the museum from exercising any of the rights of ownership; and that execution of this document would appear to be beyond the powers of the museum.

 

The museum subsequently suggested Council sign a simplified Deed of Gift donating the collection to the Australian Museum which would then provide the collection to the Age of Fishes Museum at Canowindra under a standard permanent loan agreement.

 

Under this permanent loan agreement, Council would still be responsible for the safe storage, security and day-to-day management of the fossils, and must maintain and manage the collection in accordance with the terms and conditions of the loan. Council would still be responsible for the all the costs associated with storage, security, maintenance and exhibition of the fossils.

 

After considering the museum’s offer, Council raised several concerns, including that this permanent loan agreement, in its current form, did not provide a legal undertaking that the fossils would remain in Canowindra in perpetuity.

 

Current Situation

 

Following Council’s resolution not to proceed with the Deed of Gift, the Australian Museum’s Chief Executive Officer Kim McKay has written to Council expressing its disappointment and requesting Council to reconsider its decision. (A copy of the letter is attached as an annexure).

 

Ms McKay sought a meeting with Council to discuss a long-term professional relationship between Cabonne Council and the Australian Museum. The museum suggested the agenda could include:

 

1.   Long term protection of the fossils;

2.   Deed of Gift and Deed of Stakeholder;

3.   Australian Museum providing professional development for Age of Fishes Museum staff in museum exhibition and curation; and

4.   An opportunity to collaborate and build on a Fossil Trail concept with the Australian Museum opening a dig-site in Canowindra.

 

 

 

ITEM 21 - PROPOSAL FOR DISC GOLF IN MOLONG

REPORT IN BRIEF

 

Reason For Report

For Council to consider a proposal for a Disc Golf Course in Molong

Policy Implications

Nil

Budget Implications

$33,000 plus recurrent costs

IPR Linkage

3.3.6.a Maintain sporting, recreational, council and community facilities

Annexures

1.  Disc Golf Submission to Council - Kevin Costa 2018    

File Number

\OFFICIAL RECORDS LIBRARY\DEVELOPMENT AND BUILDING CONTROLS\DEVELOPMENT ENQUIRIES\2018 - 925796

 

 

Recommendation

 

THAT Council advise there are no funds allocated for a Disc Golf Course in the 2018/2019 draft budget.

 

Director of Engineering & Technical Services' REPORT

 

At the April 2018 Councillor Focus meeting, Mr Kevin Costa gave a presentation regarding a proposal for Council to develop a Disc Golf Course in Molong.

 

Following Mr Costa’s presentation, Council has now received a detailed report regarding the proposal. The report highlights the proposed course location, the course design and layout, budget and ongoing costs and community involvement.

 

The proposed location of the course indicated in the report, is a Crown Reserve for Public Recreation, for which Council is the Trustee. The land is subject to future Crown Land Negotiation. The area is bounded by Smith, Wellington and Phillips streets and is known as McGroder Park. This parcel of land is identified in Council’s 2012 settlement strategy for future investigation for residential subdivision. Currently the land is used a grazing lease and for Council’s animal pound.

 

Council has reviewed the proposal including the course layout and budget. The layout of the course would encompass the entire land area, for single purpose usage, and will not allow any future expansion of other activities on the site. The design shows the construction of 18 individual concrete tee pads.   The construction of these permanent pads would restrict future development.

 

The review of the proposed budget and ongoing costs shows that the construction costs would increase by 15% and the initial preparation of the site would be considerably greater than estimated.

 

Further, the report does not recognise the provision for other facilities such as water, toilet or shade/shelter, which are important requirements for recreational activities such as proposed. Ongoing maintenance costs have not been considered in the proposal. There is also no indication of any fundraising or other financial input from the applicant.

 

 

ITEM 22 - ADDITIONAL PROJECTS FOR 2017/2018

REPORT IN BRIEF

 

Reason For Report

For Council to approve additional projects for 2017/2018

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

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

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\ROADS and BRIDGES\PROGRAMS\REGIONAL AND LOCAL ROAD PROGRAMS - 926148

 

 

Recommendation

 

THAT Council approve the additional projects as listed to be included in the Heavy Patching, Gravel Re-sheeting and Local Road Resealing Programs for 2017/2018.

 

 

Director of Engineering & Technical Services' REPORT

Council engineering staff have reviewed the road infrastructure programs for 2017/18 and can report the Gravel Re-sheeting, Local Road Heavy Patching and Local Road Resealing Programs have been completed. As part of the review, due to scale of quantities and favourable weather conditions, budget savings have been identified in each program.

Staff have also reviewed the road infrastructure network to identify locations where the saved expenditure of $420,000 in the Gravel Re-sheeting Program, $426,000 in the Local Road Heavy Patching and $371,000 in the Local Road Resealing Programs, could best be utilised.

The proposed works listed below has been compiled using asset management principles, maintenance history and customer service requests in addition to projects recommended by Councillors.

 

Gravel Resheeting

Description

Project Estimated Cost $

Lemmons Road

28,000

Rutherford Road

28,000

Waldergrave Road

28,000

Gowan Road

28,000

Byng Road

28,000

Lockwood Road

28,000

Reedy Creek Road

28,000

Yellowbox Road

28,000

Fish Fossil Drive

28,000

Nanami Lane

28,000

Nyora Lane

28,000

Springvale Lane

28,000

Garra Cemetery Road

28,000

Burrawong Road

28,000

Pratten Road

28,000

TOTAL

420,000

 

Local Heavy Patching

Description

Project Estimated Cost $

Griffin Road

70,000

Deervale Lane

85,000

Davys Plains Road

56,000

Obley Road

100,000

Betts Sreet

42,000

Packham Drive

73,000

TOTAL

426,000

 

Local Reseals

Description

Project Estimated Cost $

Belmore Street Canowindra

126,000

Short Street Canowindra

70,000

Strathmore Lane

85,000

Kjollers Road

90,000

TOTAL

371,000

 

 

 

ITEM 23 - DONATION OF HALL FEES FOR MOLONG SHOW SOCIETY

REPORT IN BRIEF

 

Reason For Report

Seeking Council approval to donate hall fees for the Molong Show Society office

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.4.1.c Provide assistance to community groups

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\COUNCIL PROPERTIES\USAGE\COMMUNITY HALLS - 924081

 

 

Recommendation

 

THAT Council donate the hall fees for use of the Molong Community Hall for the 2018 Molong Show Society office.

 

Urban Assets Coordinator's REPORT

 

A request to donate fees for the use of the Molong hall foyer has been received from the Molong Show Society. The Molong Show Society has for several years used the foyer of the hall as a temporary office to receive show entries.

 

The dates and times requested are Monday 10 September to Friday 14 September 2018, 10:30am to 4:30pm daily. The fees would be approximately $137.

 

Council has customarily donated the hall fees in the past as the Show Society is a not for profit organisation.   

 

 

ITEM 24 - LOCAL HERITAGE GRANT APPLICATION - REPLACEMENT FENCE AT UNITING CHURCH, SPRING HILL

REPORT IN BRIEF

 

Reason For Report

To obtain council approval for grant fund allocation

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.3.2.c Heritage Grants Program facilitated

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GRANTS AND SUBSIDIES\PROGRAMS\HERITAGE GRANTS 2018 - 922006

 

 

Recommendation

 

THAT council refuse the application as the proposed replacement fence does not represent heritage guidelines for best practise conservation of local heritage items.

 

Director of Environmental Services' REPORT

 

Council is in receipt of an application for local heritage funding for replacement of the front fence at the Uniting Church, Carcoar Street, Spring Hill. The existing front fence is proposed to be removed and a powder coated steel panel and post fence be installed. The estimated cost of the project is $12,000.

 

The Uniting Church at Spring Hill is listed as a local heritage item and included in schedule 5 of the Cabonne Local Environmental Plan 2012 (item i228).

 

 

 

 

A Development Application was submitted in April 2017, for the demolition of the existing fence and the construction of a new fence. The Council’s heritage advisor provided comment on the proposal and commented as follows:

 

Previous advice recommended two alternatives to a steel fence. A powder coated steel fence of this type is not supported as this type of product detracts from the heritage significance of the church. It detracts from the site and buildings by providing a modern steel fence which imitates a styled fence not used on buildings of this type or period. The fleur-de-leys motif is a highly decorative element used on the hi-lo fence palisade. The alternate hi-lo palisade is not characteristic of fences on sites of this type or period although it is appreciated why it may be considered similar to the gothic influence which is not evident elsewhere on the building.

 

When selecting a replacement fence for such a church a simpler style of fence is recommended so that all the visual attention remains on the church and not on the modern fence. Other fence options have been reviewed previously and include cast iron, a simpler welded steel version of the current proposal and the timber picket.  

 

Discussions were ongoing with the applicant, who continued to support the proposal for the metal panel fence. The planning assessment report was undertaken and in that report it was noted that;

 

While advice indicates the proposed development may detract from the heritage significance of the site, the impacts are considered to be acceptable in this instance and whilst the proposed fence is considered to be a permanent structure, it can be removed or altered without further affecting the heritage significance of the church buildings. It should also be noted the existing fence has little to no heritage significance to the site, therefore there would be no impact from its removal. The existing pedestrian gate has some heritage significance and it is proposed to be restored, painted in the same colour as the new fence and erected at the front.  

 

As the proposed fence was not a prohibited land use activity, and negotiations between the heritage advisor and the applicant had taken place, Development Consent was issued in March 2018 for the replacement fence.

 

The local heritage grants program guidelines support grants projects where:

 

·    the projects which clearly complement and encourage broader heritage conservation objectives

·    projects which would encourage the conservation of other heritage items

·    projects demonstrate heritage value to the community

 

 

Based upon the heritage advisor’s comments and assessment of the proposed works, the proposed project is not supported for funding as it does not comply with the guidelines of the council’s local heritage grants program.

 

ITEM 25 - LOCAL HERITAGE FUND APPLICATION - RESTORATION TO SHOP FRONT AT 9 BANK STREET, MOLONG

REPORT IN BRIEF

 

Reason For Report

To obtain council support for allocation of heritage funds

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.3.2.c Heritage Grants Program facilitated

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GRANTS AND SUBSIDIES\PROGRAMS\HERITAGE GRANTS 2018 - 924415

 

 

Recommendation

 

THAT council allocate $1,000 of the 2018/2019 Local Heritage Fund to Elisabeth Kelly for the restoration of the shop front at 9 Bank Street, Molong.

 

 

Director of Environmental Services' REPORT

 

Council has received an application for funding through the Local Heritage Fund for restoration work to the glass and tile shopfront at 9 Bank Street, Molong. The owners of the property are John and Mark Moussa. The applicant for the project is Elisabeth Kelly.

 

The building is situated within the Bank Street Heritage Conservation area. The premises has a distinctive façade and unusual leadlight and tiled elements which contribute to the streetscape and significance of the heritage conservation area.

 

The 1988 Bank Street Heritage Study identifies the property as follows:

 

‘Description: Two storey 1920s commercial building. Simple parapet form. Parapet and upper storey mostly rendered in roughcast. Suspended corrugated iron awning with five double hung windows above. Some detailing lost on shopfront, but leadlight glazing in the upper panels more or less intact.

 

History: Built by Leary in 1925, then the licensee of the Freemans Hotel next door. A hall originally? Later known as Leary’s garage. A Ford car sales outlet for many years.

 

Significance: A useful streetscape building with some individual interest. Awning and parapet form complement rest of main street whilst skyline almost continuous with hotel next door.

 

Integrity: Shopfronts have lost much of their original detailing. Has not suffered too much advertising. Appears more of less unaltered above awning.

 

The application is for the reinstatement of the missing angled return and shopfront framing. These items were removed possibly circa 1945 for the conversion of the premises to a garage, or at least for the insertion of large bi-folding doors. Currently an excellent job has been done revealing the original shopfront framing and the green tiles.

 

The works proposed are consistent with the heritage advice provided by council’s Heritage Advisor.

 

The grant is for $600 for shopfront framing and $370 for tiles. The labour component has not been stated, however the total project cost has been estimated by the applicant as $2,000.

 

The application is supported on the basis of meeting the criteria for works which will enhance the streetscape and the building.

 

Council’s policy encourages the annual heritage grants program to be utilized as widely as possible across the shire, with $500 being the general grant contribution, however projects can be matched dollar for dollar where there is sound conservation practice and the property is highly visible to the community. In this instance the property contributes to the heritage streetscape and is situated in a prominent location. It is recommended that $1,000 be allocated towards the project.

 

 

 

 

ITEM 26 - REQUEST FOR DONATION - S68 FEES PAID BY CUMNOCK PRE SCHOOL AS PART OF THE DEVELOPMENT APPROVAL PROCESS

REPORT IN BRIEF

 

Reason For Report

To obtain council approval to donate $270.10 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 - 921819

 

 

Recommendation

 

THAT council donate $270.10 from its s356 budget to Cumnock Village Pre School, being the amount paid to council for submission of an s68 plumbing and drainage application associated with DA 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 equal to s68 plumbing and drainage 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. Council will recall that it resolved at its meeting of 24 April 2018 to donate $619.51 to the Cumnock Pre School based on the development application fees paid for the development.

 

The s68 fees totalled $270.10 and consisted of the following:-

 

Plumbing & drainage application fee           $  82.70

Inspections                                                       $187.70

Total                                                                   $270.10

 

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

 

The Development Application for the building alterations and additions was approved 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 27 - MODIFICATION APPLICATION DA 2014/0092/3 FOR A BIO MASS FUEL BOILER AT LOT 270 DP 821835 DEROWIE STREET, MANILDRA

REPORT IN BRIEF

 

Reason For Report

To obtain council approval to modify a development approval

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.  Conditions of modified approval 2014 0092 3    

File Number

\Development Applications\DEVELOPMENT APPLICATION\2014\03-2014-0092 - 925576

 

 

Recommendation

 

THAT:

1.           Modification Application for DA 2014/0092/3, ancillary development being a coal or steam boiler bio mass alternative fuel source (wood material), upon land described as Lot 270 DP 821835 Derowie Street, and including Lot 1 DP 1085601 Dederang Street, Manildra, be granted consent subject to the conditions attached, and

 

2. The words ‘for the gantry’ be added to the conclusion of the wording of Condition 6 of the development consent for DA 2014/00092/3.

 

 

 

Director of Environmental Services' REPORT

 

ADVISORY NOTES

Record of voting

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

 

Political Disclosures

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

 

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

 

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

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

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

 

Nil planning application disclosures have been received.

Nil public submission disclosures have been received. 

 

SUMMARY

 

The following report provides an assessment for the modification development application submitted for an ancillary development – coal or bio mass boiler to be located upon land described as Lot 1 DP 1085601, Dederang Street and Lot 270 DP 821835, Derowie Street, Manildra.

 

The purpose of the modification is to allow for the final design of the building, which had been included in the initial application in a concept format, and to vary Condition 6 of the consent relating to a lease agreement for a gantry to be constructed over Derowie Street as part of the development proposal.

 

The location of the boiler and associated infrastructure is to be sited in the same location as originally approved with the function and scale of the development not altering.

 

The modification application has been referred to council for determination as the original application was determined by council. The modification application was notified for a period of 14 days with no submissions being received during the exhibition phase.

 

The modification has been assessed in accordance with the provisions of the Cabonne Local Environmental Plan 2012. In accordance with Section 4.55 of the Environmental Planning & Assessment Act 1979, the proposed modification is of minimal environmental impact and is substantially the same development for which consent was granted.

 

Applicant:         MSM Milling Pty Ltd

Owner:               MSM Milling Pty Ltd

Proposal:          Final building details for proposed industry (Ancillary Development – Coal or Bio Mass Boiler)

Location:          Lot 1 DP 1085601, Dederang Street and Lot 270 DP 821835,

                            Derowie Street, Manildra

Zone:                 IN1 General Industrial

 

THE MODIFICATION

The proposed modification provides the final design and layout of the proposed building. There is no change to the nature or scale of proposed development, or the equipment to be installed. The final plan makes the following changes to the proposed building:

 

·    reduce the length of the boiler house from 30m to 24m

·    increase the woodchip storage building length from 30m to 44m to provide additional security and storage to the facility

·    the roof over the woodchip storage section of the building is to be raised from 6m to 10m in height

·    the exhaust stack is to be shortened from 30m to 25m

·    an auxiliary fuel store section has been added to the eastern side of the building

 

The proposed biomass will be silvicultural thinnings from NSW Forestry Corporation managed forests, in addition to woodchips, saw dust, and bark residues from sawmills.

 

Infrastructure that will be associated with the biomass fuel source is essentially the same equipment as was originally approved. Infrastructure will include a fuel receival and storage facility, fuel conveyor and intermediate fuel hopper, furnace and boiler to generate steam, multi cyclone to remove large particulate matter, bag house to remove fine particulate matter, an exhaust stack, electric fans and ducting, pumps and small tanks, ash conveyor and ash collection hopper with all necessary control equipment to be contained within the main boiler structure. All equipment will be housed in the proposed boiler house/ woodchip fuel storage building. A gantry truss is required to link the plant to the production mill. A diagrammatic representation of the modified development is shown below.

 

 

The proponent also seeks to vary the wording of condition 6 of the development consent to enable the development to proceed to construction phase upon Lot 270 DP 821835, and that a the lease agreement be associated to a subsequent Construction Certificate phase for the construction of the proposed gantry over council’s road (Derowie Street).

 

The proponent requests that the words ‘for the gantry’ be added to the conclusion of the wording of Condition 6, which currently reads as follows:

 

‘MSM Milling will enter into a lease agreement with Cabonne Council for the gantry over Derowie Street for a period of 99 years. The Company shall meet the cost of preparation of the lease agreement. The lease is to be finalized prior to the issue of the Construction Certificate’.

 

Site Map

 

2207550

 

1817971

 

 

Site

The proposed development is to be carried out on the land described as Lot 270 DP 821835, Derowie Street, however the application includes the construction of an overhead gantry and as such also requires the inclusion of the MSM site at Lot 1 DP 1085601, Dederang Street, Manildra. The land is in the ownership of MSM Milling. The site to include the boiler has a total area of 5634m².

 

Access to the overall mill complex site is via Dederang Street from the centre of the eastern side of the site.  The complex has direct access to the rail sidings and includes an overhead conveyor to move seed product to and from the rail siding.

 

Surrounding land uses are characterised by a series of long established industrial activities. These include Manildra Flour Mill, container loading terminal and Grain Corps storage silos, sheds and open bunkers. The nearest residence in Dederang Street is located in excess of 150m away. To the south of the site is agricultural land.

 

Background

Consent was granted for the installation of a Coal Fired Boiler to process steam for MSM Millings overall milling operations.  The approval also allowed for the construction of infrastructure associated with boiler. Consent was granted 24 March 2015. In issuing this consent the Environmental Protection Authority (EPA) issued their General Terms of Approval for varying the Environment Protection License 13228.

 

A minor modification was granted on 26 May 2015 to vary an anomaly in the condition of consent relating to site construction hours.

 

A modification was approved on 28 October 2015 to enable the approved boiler to operate using either coal or bio biomass (wood product).

 

MATTERS FOR CONSIDERATION

In accordance with Section 4.55 of the Environmental Planning & Assessment Act 1979, the proposed modification is of minimal environmental impact and is substantially the same development for which consent granted.

 

PROVISIONS OF ANY ENVIRONMENTAL PLANNING INSTRUMENT s4.15/s79C(1)(a)(i)

 

Clause 1.2  Aims of the Plan

The broad aims of the LEP are as follows:

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

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

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

 

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

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

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

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

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

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

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

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

 

Clause 1.9A Suspension of covenants, agreements and instruments

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

 

·    Covenants imposed or required by council

·    Prescribed instruments under s183A of Crown Lands Act 1989

·    Any conservation agreement under National Parks and Wildlife Act 1974

·    Any trust agreement under the Nature Conservation Trust Act 2003

·    Any property vegetation plan under the Native Vegetation Act 2003

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

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

 

      Mapping

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

     

Land zoning map

Land zoned IN1 General Industrial

Lot size map

Minimum lot size – N/A

Heritage map

Not a heritage item or conservation area

Terrestrial Biodiversity Map

Has biodiversity sensitivity on the subject land

Flood planning map

Not within a flood zone

Natural resource – karst map

Not within a karst area

Drinking water catchment map

Not within a drinking water catchment area

Riparian land and watercourse map, groundwater vulnerability map

Not affected by riparian, watercourse or groundwater vulnerability

Land reservation acquisition map

 

 

      These matters are addressed in the report following.

 

Cabonne Local Environmental Plan 2012

The subject land is zoned IN1 General Industrial by the Cabonne Local Environmental Plan 2012.  Industry (Ancillary development – Boiler – Coal and/or Biomass) is permissible within this zone, subject to Council’s development consent.

 

The proposed modification does not change from the approved land use definition.

 

Objectives of the IN1 General Industrial zone

The proposal is not contrary to the aims of the LEP or the objectives of the IN1 zone.  The development relates to and is consistent with the zone objectives which seek:-

 

·    To provide a wide range of industrial and warehouse land uses

·    To encourage employment opportunities

·    To minimise any adverse effect of industry on other land uses

·    To support and protect industrial land for industrial uses.

 

The proposed modification does not change the previous site assessment.

 

Part 2 – Permitted or prohibited development

The proposed modified development is a permissible land use subject to development consent.

 

Part 6 – Additional local provisions

Clause 6.3 Terrestrial biodiversity

The proposed modification does not change the previous site assessment.

 

Clause 6.8 Essential services

The modification proposal does not change the previous site assessment.

 

REGIONAL ENVIRONMENTAL PLANS

 

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

 

STATE ENVIRONMENTAL PLANNING POLICIES

No state environmental planning policies apply to the modified proposal.

 

PROVISIONS OF ANY DRAFT ENVIRONMENTAL PLANNING INSTRUMENT THAT HAS BEEN PLACED ON EXHIBITION s79C(1)(a)(ii)

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

 

PROVISIONS OF ANY DEVELOPMENT CONTROL PLAN s79C(1)(a)(iii)

 

No Development Control Plans apply to this land.

 

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

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

 

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

 

Siting /location

The location and the context of the proposed development remains substantially the same as originally assessed.

 

Sensitive Receptors

There is no change from the previous site assessment.

 

Amenity and Privacy

The proposed boiler and associated infrastructure is considered to be consistent with the existing operational environment of the canola mill and surrounding locality that includes the flour mill, grain silos, storage and bunkers, container loading terminal and a seed cleaning operation. It is considered the modified development can be adequately accommodated within the setting of the existing locality. 

 

Access and traffic

There is no change to public road access provisions for the proposed modification. Internal access is to be provided to the facility.

 

No additional requirements or upgrades to the road network are needed.

 

Noise and Vibration

The modification will not change noise exceedances nor standard construction hours. The operational noise for the boiler will be required to comply with the terms of the Environment Protection License issued by EPA.

 

Air Quality and Odour

The modification will not alter requirements to comply with the terms of the Environment Protection License issued by EPA.

 

Waste Management

The ash content will be applied to land as a soil amendment which is consistent with the resource recovery Ash from Burning Biomass Exemption 2014. The modification proposal does not alter the waste management plans.

 

Social & Economic Impact

No additional adverse impacts having been identified as a result of the proposed modification.

 

Cumulative Impact

Any environmental impacts are required to comply with EPA regulations and will be licensed for noise, odour, air quality and waste.

 

There is no objection to the requested modification relating to the final design of the facility, or to the variation to the arrangements for establishing the air space lease for the gantry construction.

 

 

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

 

Physical Attributes and Hazards

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

 

DEVELOPMENT CONTRIBUTIONS

 

No contributions apply to the modified development.

 

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

 

The proposed development is not advertised development; however the application was neighbour notified with no submissions being received during the exhibition phase.

 

PUBLIC INTEREST s79C(1)(e)

 

The proposed modified development is considered to be primarily of interest to the residents of Manildra, and is also of interest to wider community in its service delivery and economic contribution to the LGA.

 

CONCLUSION

The proposed modified development is permissible with the consent of Council. The modification is substantially the same for which development consent was originally granted. The location of the boiler and associated infrastructure is to be sited in the same location as originally approved with the function and scale of the development not altering. The air space lease will still form a requirement of the project.

 

A section 4.15/s79C assessment of the modified development indicates that the development is acceptable in this instance.  Attached is a draft modified Notice of Approval outlining a range of conditions considered appropriate to ensure that the modified development proceeds in an acceptable manner.

 

 

 

ITEM 28 - MODIFICATION APPLICATION DA 2018/006/1 FOR SUBDIVISION OF LAND AT 545 PALINGS YARD LOOP, BOWAN PARK.

REPORT IN BRIEF

 

Reason For Report

To seek council's determination of a modification application

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

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

Annexures

Nil   

File Number

\Development Applications\DEVELOPMENT APPLICATION\2018\03-2018-0006 - 925470

 

 

Recommendation

 

THAT:

 

1.      Condition 12 of the development consent relating to DA 2018/006 for a five (5) lot subdivision of Lots 226, 227, 262, 265, 268, 269 & 284 DP 750139 and Lots 1 & 2 DP 1227775, 2522 Cargo Road, Cargo, be retained, and

 

2.      Modification Application of DA 2018/006/1 be refused as construction of the road is required to service the proposed subdivision.

 

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 modified application submitted to vary road construction requirements associated with a subdivision of rural land described as 2522 Cargo Road, Cargo.

 

The application has been referred to the council for determination as the initial development application was determined by the council at its meeting of 28 November 2017.

 

It is recommended that the application be refused.

 

Applicant:          James Rodgers and Anna Shaw

Owner:               JS Rodgers and AV Shaw

Proposal:           Request to delete condition 12 of the issued development consent DA 2018/006.

Location:            Lots 226, 227, 262, 265, 268, 269 & 284 DP 750139 and Lots 1 & 2 DP 1227775, 2522 Cargo Road, Cargo (including 545 Paling Yards Loop, Bowan Park)

Zone:                  RU1 Primary Production   

 

THE PROPOSAL

Council at its meeting of 28 November 2017 approved a five (5) lot rural subdivision of the subject land.

 

The applicant requests that Condition 12 of the Notice of Consent be deleted.

 

Condition 12 reads as follows:

         

          12.    ROAD IMPROVEMENTS WORKS

          Objective

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

 

Performance

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

 

The applicant suggests that there is an existing access road serving the property and other properties, and that the access is a named road maintained by council. As such they consider it is not the developer’s responsibility to upgrade the road.

 

Site Map

 

Location plan

 

Proposed five lot subdivision

 

MATTERS FOR CONSIDERATION

In accordance with Section 96(1A) of the Environmental Planning and Assessment Act 1979 the proposed modification is of minimal impact and is substantially the same development for which consent was granted.

 

Mapping

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

     

Land zoning map

Land zoned RU1 Primary Production

Lot size map

Minimum lot size 100 Ha

Heritage map

Not a heritage item or conservation area

Terrestrial Biodiversity Map

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

Flood planning map

Not within a flood zone

Natural resource – karst map

Not within a karst area

Drinking water catchment map

Not within a drinking water catchment area

Riparian land and watercourse map, groundwater vulnerability map

Not affected by riparian, watercourse or groundwater vulnerability

Land reservation acquisition map

 

 

      These matters are addressed in the report following.

 

Cabonne Local Environmental Plan 2012

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

 

Objectives of the RU1 Primary Production zone

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

 

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

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

·    To minimise the fragmentation and alienation of resource lands.

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

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

 

Part 4 – Principal development Standards

Clause 4.1 Minimum subdivision lot size

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

 

The proposal to modify the development consent does not affect the proposed allotment sizes.

 

Part 5 – Miscellaneous provisions

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

 

Part 6 – Additional local provisions

Clause 6.3 Terrestrial biodiversity

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

 

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

 

The proposal to modify the development consent does not affect the initial environmental assessment of the subdivision.

 

Clause 6.8 Essential services

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

a.   The supply of water

b.   The supply of electricity

c.   The disposal and management of sewerage

d.   Stormwater drainage, &

e.   Suitable vehicle access

 

REGIONAL ENVIRONMENTAL PLANS

 

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

 

STATE ENVIRONMENTAL PLANNING POLICIES

 

State Environmental Planning Policy 44 – Koala Habitat. Cabonne Council is identified within the SEPP 44 schedule as having koala habitat.  The proposed development will not impact upon any existing vegetation. 

 

State Environmental Planning Policy (Rural Lands) 2008 applies to the Cabonne Council area. The SEPP requires Council to consider the existing and approved uses of land in the vicinity of the development (when it involves subdivision or dwellings), and whether or not the development is likely to have a significant impact on predominant or preferred land uses. In this case the surrounding area consists of agricultural land predominantly used for grazing.

 

The proposed modification does not impact the initial environmental assessment of the development.

 

PROVISIONS OF ANY DRAFT ENVIRONMENTAL PLANNING INSTRUMENT THAT HAS BEEN PLACED ON EXHIBITION s79C(1)(a)(ii)

 

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

 

PROVISIONS OF ANY DEVELOPMENT CONTROL PLAN s79C(1)(a)(iii)

 

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

 

The modified proposal complies with the relevant requirements of Section 2 – Subdivision in the General Rural Zones.

 

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

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

 

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

 

Access & traffic

The initial planning assessment report stated that ‘Proposed Lots 3 & 4 – will gain access from a council owned road reserve, which has never been formally constructed or named. The applicant will be responsible to construct this section of road to a minimum standard and apply to council to have it named formally’. Condition 12 was imposed to address that matter.

 

The Director of Engineering and Technical Services in reviewing the request to modify the Notice of Consent has stated that:

‘Condition 12 for Road Improvement Work, was added as a condition of consent as the section of public road reserve, which is owned by Council, requires upgrading. This is due to the approved subdivision creating an additional lot, which will utilise this section of un-named road for legal access.

As per the comments made by council’s Development Engineer at the time, proposed lots 3 & 4 will gain access from this section of road reserve which, has never been formally constructed or named. The applicant is correct that Council in the past has undertaken maintenance grading of the section road. Council regularly maintains certain sections of road reserve that not formally constructed with the knowledge of it being used by landowners. This does not mean that the road is constructed to any minimum standards. It is the responsibility of a developer who is creating additional traffic movements to ensure that safe and practical access is provided to the newly created lot.

Section 94 road improvement contributions have not been triggered by the creation of lot 4 as there is the need for the road to be upgraded.’

 

 

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

 

The proposed modification application does not impact upon the initial planning assessment of the development.

 

DEVELOPMENT CONTRIBUTIONS

 

Council’s Bushfire Services Contributions Plan and Road Contributions Plans apply to the development. The proposed modification to the consent does not alter the requirements as imposed.

 

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

 

The proposed development was not neighbourhood notified as the modification application does not vary the approved subdivision allotment configuration or use.

 

 

PUBLIC INTEREST s79C(1)(e)

 

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

 

CONCLUSION

 

An assessment of the modification application indicates that the deletion of Condition 12 is not reasonable in this instance, and that the condition as written should be retained. 

 

 

 

ITEM 29 - DEVELOPMENT APPLICATION 2018/0084 RESTAURANT AND CELLAR DOOR 194 NANCARROW LANE, NASHDALE

REPORT IN BRIEF

 

Reason For Report

For Council determination of a Development Application

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

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

Annexures

1.  Attachment Plan

2.  DA18 0084 DRAFT CONDITIONS OF CONSENT 1    

File Number

\Development Applications\DEVELOPMENT APPLICATION\2018\03-2018-0084 - 924078

 

 

Recommendation

 

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

 

Town Planners' REPORT

 

ADVISORY NOTES

Record of voting

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

 

Political Disclosures

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

 

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

 

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

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

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

 

Nil planning application disclosures have been received. 

Nil public submission disclosures have been received. 

 

Council at its meeting on 24 April 2018 resolved to defer consideration of DA18/0084 for a Restaurant and Cellar Door at Lot b DP 179711. 194 Nancarrow Lane, Nashdale.

 

Subsequent discussions with the applicant has resulted in the application being amended so that it is proposed as a Concept Development Application pursuant to Clause 4.22(1) of the Environmental Planning and Assessment Act 1979.  The applicant has requested that the application be determined as follows

·    Stage 1: Proposed building, restaurant, 1.6Ha of vineyard, access and car parking subject to the attached draft conditions of consent.

·    Stage 2: Cellar Door. Subject to a further development application.

 

As such, the below assessment report has been amended to reflect the change in the proposed development.

 

SUMMARY

 

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

 

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

 

It is recommended that the application be approved as a Concept Development Application for a restaurant (Stage 1) and Cellar Door (Stage 2), subject to conditions of consent.

 

Applicant: Printhie Wines C/ Peter Basha Planning and Development

Owner:      Balmoral Swift Pty Ltd

Proposal:  Restaurant and Cellar Door Premises

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

Zone:         RU2 Rural Landscape

 

THE PROPOSAL

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

 

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

 

The building will consist of:

·    Restaurant

·    Cellar Door Premises

·    Commercial Kitchen

·    Cellar

·    Amenities

·    Office

·    Storage area

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

 

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

 

The building is proposed to have capacity for 240 persons:

·    70 persons in the Restaurant (Inside)

·    40 persons in the Outdoor Seating adjacent to the restaurant

·    70 persons in the Cellar door premises (inside)

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

·    Up to 12 employees at any one time

 

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

 

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

·    Monday to Sunday 9am-12midnight.

 

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

 

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

 

The applicant has requested the application be determined as a Concept Development Application whereby the proposed restaurant, vineyard, building, access and car parking would form stage 1 of the development and the proposed cellar door would form stage 2 (and would be subject to a subsequent Development Application).

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SITE MAP

Subject Site

 

Proposed Development

Proposed Building

Elevations

 

SUBJECT SITE

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

 

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

 

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

 

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

 

INTEGRATED DEVELOPMENT:

Fisheries Management Act 1994

No

Heritage Act 1977

No

Mine Subsidence Compensation Act 1961

No

National Parks & Wildlife Act 1974

No

Protection of the Environment Operations Act 1997

No

Roads Act 1993

No

Rural Fires Act 1997

No

Water Management Act 2000

No

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

 

MATTERS FOR CONSIDERATION

Section 4.15 of the Environmental Planning and Assessment Act 1979 requires Council to consider various matters, of which those pertaining to the application are listed below.

 

As addressed above, the applicant has requested the development application be determined as a ‘Concept Development Application’. The proposed restaurant, vineyard, building, car parking and access would be form Stage 1, and the proposed Cellar Door would form stage 2 (and would be subject to a further development application in the future).

 

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

 

Clause 1.2  Aims of the Plan

The broad aims of the LEP are as follows:

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

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

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

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

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

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

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

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

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

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

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

 

Clause 1.9A Suspension of covenants, agreements and instruments

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

·    Covenants imposed or required by council

·    Prescribed instruments under s183A of Crown Lands Act 1989

·    Any conservation agreement under National Parks and Wildlife Act 1974

·    Any trust agreement under the Nature Conservation Trust Act 2003

·    Any property vegetation plan under the Native Vegetation Act 2003

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

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

         

      Mapping

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

     

Land zoning map

Land zoned RU2 Rural Landscape

Lot size map

Minimum lot size 100 Ha

Heritage map

Not a heritage item or conservation area

Terrestrial Biodiversity Map

No biodiversity sensitivity on the subject land

Flood planning map

Not within a flood zone

Natural resource – karst map

Not within a karst area

Drinking water catchment map

Within a drinking water catchment area

Riparian land and watercourse map, groundwater vulnerability map

Groundwater vulnerable and Riparian Lane/ water course.

Land reservation acquisition map

Not applicable.

 

      These matters are addressed in the report following.

 

Cabonne Local Environmental Plan 2012

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

 

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

 

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

 

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

 

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

 

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

 

Following the initial Council meeting on April 24 2018 where the Council resolved to defer the determination of the development application, the applicant has requested that the development application be amended so that it forms a Concept Development Application pursuant to Clause 4.22(1) of the Environmental Planning and Assessment Act 1979.  The Concept Development Application results in the proposed Restaurant, 1.6Ha of vineyard, Building, Car parking and Access forming Stage 1 of the development and the proposed Cellar Door Premises forming Stage 2 (and subject to a further Development Application). Therefore the concept of the Cellar Door Premises can be approved as part of this development application, however a further development application would be required to be lodged once the above definition for a Cellar Door Premises can be complied with.

 

Objectives of the RU2 Rural Landscape

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

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

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

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

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

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

 

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

 

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

 

Part 4 – Principal development Standards

No principal development standard are applicable to this development

 

Part 5 – Miscellaneous provisions

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

 

Part 6 – Additional local provisions

Clause 6.1 Flood planning

Not identified as Flood Prone Land

 

Clause 6.2 Stormwater management

Not applicable

 

Clause 6.3 Terrestrial biodiversity

Not applicable

 

Clause 6.4 Groundwater vulnerability

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

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

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

 

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

   

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

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

 

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

 

Clause 6.5 Drinking water catchments

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

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

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

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

 

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

 

Clause 6.6 Riparian land and watercourses

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

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

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

 

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

 

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

 

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

  

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

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

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

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

 

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

 

Clause 6.7 Land affected by karst

Not applicable.

 

Clause 6.8 Essential services

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

a.   The supply of water

b.   The supply of electricity

c.   The disposal and management of sewerage

d.   Stormwater drainage, &

e.   Suitable vehicle access

 

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

 

Clause 6.9 Location of sex service premises

Not applicable.

 

REGIONAL ENVIRONMENTAL PLANS

 

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

 

STATE ENVIRONMENTAL PLANNING POLICIES

State Environmental Planning Policy No. 44: Koala Habitat Protection

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

 

State Environmental Planning Policy No. 55: Remediation of Land

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

 

State Environmental Planning Policy No. 64: Advertising and Signage

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

 

 

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

 

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

 

Schedule 1 Assessment Criteria

 

1 Character of the area

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

2 Special areas

The subject site is not identified as a special area where 

3 Views and vistas

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

4 Streetscape, setting or landscape

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

5 Site and building

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

6 Associated devices

The proposed sign does not require safety devices or platforms.

7 Illumination

The proposed signage will not be illuminated.

8 Safety

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

 

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

 

State Environmental Planning Policy (Rural Lands) 2008

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

The Rural Planning Principles are as follows:

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

 

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

  

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

 

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

 

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

 

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

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

 

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

 

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

 

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

 

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

 

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

Context & Setting

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

 

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

 

Streetscape

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

 

Traffic, access and parking

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

 

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

 

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

 

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

 

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

 

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

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

 

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

 

Utilities

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

 

Noise and Vibration

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

 

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

 

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

 

Hours of Operation

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

 

Monday to Sunday 9am to 12midnight   

 

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

 

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

 

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

          9am to 10pm Sunday-Thursday

          9am to 11pm Friday and Saturday

 

Cumulative Impacts

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

 

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

 

Disabled access

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

 

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

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

 

DEVELOPMENT CONTRIBUTIONS

 

No developer contributions are applicable to the proposed development.

 

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

The proposed development is not advertised development.

 

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

 

Nature of Submission

Issues raised.

1

Objection

·    Cellar Door Permissibility

·    Scale/Capacity

·    Traffic

·    Access to Mount Lofty Road

·    Noise/Light/Hours of Operation

2

Objection

·    Cellar Door Permissibility

·    Scale/Capacity

·    Traffic

·    Access to Mount Lofty Road

·    Noise/Light/Hours of Operation

3

Objection

·    Cellar Door Permissibility

·    Scale/Capacity

·    Traffic

·    Access to Mount Lofty Road

·    Noise/Light/Hours of Operation

4

Objection

·    Scale/Capacity

·    Traffic

·    Noise/Light/Hours of Operation

5

Concerns

·    Permitted use- Cellar Door

·    Access

·    Scale/capacity

·    Hours of operation

·    Noise

·    Amenity

·    Lighting

·    Car parking

·    Traffic

·    Works undertaken

6

Support but concerns

·    Permissibility of Cellar Door

·    Commercial Viability

·    Access/Safety

·    Flora and Fauna (Turtles)

·    External Lighting

·    Accessibility

·    Noise

·    Trading Hours

7

Support but concern

·    Road/traffic

8

Objection

·    Scale/Capacity

·    Traffic

·    Access to Mount Lofty Road

·    Noise/Light/Hours of Operation

 

Issue 1: Cellar Door Permissibility

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

 

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

 

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

 

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

 

Issue 2: Scale/Capacity

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

 

Council Response:

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

 

Issue 3: Traffic

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

 

Council Response:

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

 

Issue 4: Access to Mount Lofty Road

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

 

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

 

Issue 5: Noise

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

 

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

 

Issue 6: Light

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

 

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

 

Issue 7: Hours of Operation

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

 

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

 

Issue 8: Car Parking

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

 

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

 

Issue 9: Commercial Viability

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

 

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

 

Issue 10: Flora and Fauna

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

 

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

 

PUBLIC INTEREST s4.15(1)(e)

 

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

 

CONCLUSION

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

 

Recommendation:

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

 

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

 

 

 

ITEM 30 - QUESTIONS FOR NEXT MEETING

REPORT IN BRIEF

 

Reason For Report

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

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.1.g. Code of Meeting Practice adhered to

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\NOTICES - MEETINGS - 888748

 

 

Recommendation

 

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

 

General Manager's REPORT

 

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

 

 

ITEM 31 - MATTERS OF URGENCY

REPORT IN BRIEF

 

Reason For Report

Enabling matters of urgency to be called.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

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

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\NOTICES - MEETINGS - 888751

 

 

Recommendation

 

THAT Councillors call any matters of urgency.

 

General Manager's REPORT

 

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

 

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

 

 

 

ITEM 32 - BUSINESS PAPER ITEMS FOR NOTING

REPORT IN BRIEF

 

Reason For Report

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

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

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

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\PROCEDURES - 888750

 

 

Recommendation

 

THAT:

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

2.   The balance of the items be noted.

 

General Manager's REPORT

 

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

 

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

 

 

ITEM 33 - COMMITTEE OF THE WHOLE SECTION OF THE MEETING

REPORT IN BRIEF

 

Reason For Report

Enabling reports to be considered in Committee of the Whole.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.1.g. Code of Meeting Practice adhered to

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\PROCEDURES - 888752

 

 

Recommendation

 

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

 

General Manager's REPORT

 

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

 

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

   


Item 7 Ordinary Meeting 22 May 2018

Item 7 - Annexure 1

 

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Item 7 Ordinary Meeting 22 May 2018

Item 7 - Annexure 2

 

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Item 8 - Annexure 1

 

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Item 10 - Annexure 1

 

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Item 12 Ordinary Meeting 22 May 2018

Item 12 - Annexure 1

 

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Item 12 Ordinary Meeting 22 May 2018

Item 12 - Annexure 1

 

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Item 12 Ordinary Meeting 22 May 2018

Item 12 - Annexure 2

 

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Item 12 Ordinary Meeting 22 May 2018

Item 12 - Annexure 2

 

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Item 12 Ordinary Meeting 22 May 2018

Item 12 - Annexure 2

 

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Item 13 Ordinary Meeting 22 May 2018

Item 13 - Annexure 1

 

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Item 13 Ordinary Meeting 22 May 2018

Item 13 - Annexure 1

 

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Item 14 Ordinary Meeting 22 May 2018

Item 14 - Annexure 1

 

 Code of Meeting Practice Policy

1 Document Information

Version Date
(Draft or Council Meeting date)

19 April 2018

Author

Administration Manager

Owner

(Relevant director)

Director of Finance & Corporate Services

Status –

Draft, Approved,  Adopted by Council, Superseded or Withdrawn

Draft

Next Review Date

Within 12 months of Council being elected

Minute number
(once adopted by Council)

 

2 Summary

Council as a matter of policy has adopted the Meeting Code which was developed to help councillors and staff conduct council meetings in accordance with best practice standards.

3 Approvals

Title

Date Approved

Signature

Director of Finance & Corporate Services

 

 

4 History

Minute No.

Summary of Changes

New Version Date

17/10/94

Previous version originally adopted by Council

October 1994

 

Draft prepared based on DLG Practice Note 16 for initial consideration by Council and public exhibition inviting submissions before adopting it (s.361 and s.362 of the Act)

December 2009

09/12/06

Provision for Acknowledgement of Country added at 2.1.1 in accord with December Council resolution.

22 December 2009

10/02/20

Adopted by Council

15 February 2010

10/04/39

Additional note added to Mayoral Minute section (2.7) requiring same to be distributed to all Councillors prior to further consideration.

19 April 2010

10/05/10

Additional Note added (1.4.7) undertaking a six (6) month trial during which the deadline for all tabled documents will be 5pm on the Friday preceding the monthly meetings and these late documents shall be emailed to all councillors and relevant staff by this time.

17 May 2010

10/06/10

Additional clarification added at 2.5 Questions at Council Meetings re adoption of “Questions for Next Meeting”.

21 June 2010

10/08/13

Added definition of “Matter of Urgency”

23 August 2010

10/09/09

Removed reference to “Council has delegated (Delegation G2 refers) the Mayor, (or Deputy Mayor in the Mayor’s absence) to call an Extraordinary Meeting where circumstances are such that a Council decision is required on a matter prior to the next Ordinary meeting.” at 1.1.2.  Delegation was not renewed at September 2010 Council meeting (calling of Extraordinary meetings can not be delegated).

20 September 2010

10/12/15

Council resolved to continue with the policy that the deadline for all tabled documents be 5pm on Friday preceding the monthly meetings, and these late documents be emailed to all Councillors and relevant staff by this time.

20 December 2010

11/02/16

Updated with a reference to the prescribed Form to be used to request the calling of an Extraordinary meeting.

21 February 2011

11/12/25

November 2011 – reviewed to remove narrative content and make statements affirmative.  Non Use of Mobile phones and internet access during meetings added.

19 December 2011

12/06/14

Reference to trial of Committee meetings starting at 5.00pm removed from 1.3.1.

“Councillor Fees (Meeting Fees) Policy” 08/02/15 re payment for councillors not attending meeting limited to 3 months added at 4.1.2.

Reviewed June 2012

(doc id 304010 refers)

12/12/09

Amended reference to Council meeting times to indicate process by which times are set rather then stating meeting times. (1.1.1 and 1.3.1)

17 December 2012

13/06/21

A sentence has been added at 15.2.4 to the effect that “The Council Seal shall be kept and safeguarded by the General Manager.” to have a record of Council’s determination.

25 June 2013

13/09/30

Readopted as per s165(4)

17 September 2013

15/02/06

Amendments made at 9.1.2 relating to Council’s standing committees ceasing to meet and abolishing most committees that meet as and when required.  Reference to DLG updated OLG.  Reference to the Environmental Services Committee being delegated to resolve approvals also removed.

24 February 2015

n/a

Administration amendment (not substantial) re 2.1.2 - sitting arrangement by general manager and directors and 2.14 - addition of a petition form

24 March 2015

5 Reason

The Meeting Code explains the provisions of the Local Government Act 1993 and the Local Government (General) Regulation 2005 as they relate to council meetings and decision-making processes.

6 Scope

All councillors, staff and community members participating in council meetings must act with good intentions and behave to the standard of conduct expected by the community.  Meeting procedures contribute to good public decision-making and increase council’s transparency and accountability to its community.  Councillors are accountable to their communities for the decisions that they make.  Those decisions should be based on sound and adequate information.  The conduct of effective meetings is an indicator of good governance.  Well run meetings reflect an effective partnership and relationship between the governing body of council and council administration. (Sections 232 and 439 of the Act).

7 Associated Legislation

The revision has taken into account legislative changes that have occurred since the (then named) Department of Local Government’s Practice Note was first published on 31 January 2006.

The Government Information (Public Access) Act 2009

The Privacy and Personal Information Protection Act 1998

8 Definitions

Matter of Urgency” - Any matter which requires a decision prior to the next meeting or a matter which has arisen which needs to be brought to council’s attention without delay such as natural disasters, states of emergency, or urgent deadlines that must be met.

 

Emergency” – Includes but is not limited to things such as natural disasters, states of emergency, or urgent deadlines that must be met. 

 

GIPA Act” – The Government Information (Public Access) Act 2009

PPIPA” - The Privacy and Personal Information Protection Act 1998

“OLG” – Office of Local Government

9 Responsibilities

9.1 General Manager

The general manager is responsible for the overall control and implementation of the policy.

9.2 Directors and Managers

Directors and Managers are responsible for the control of the policy and procedures within their area of responsibility.

9.3 Employees

Employees are responsible for adhering to the policy when report writing.

9.4 Councillors

Councillors are responsible to adhere to the policy where relevant.


 

 

10 Related Documents

Document Name

Document Location

Access to council information policy

Policy database

Code of Conduct

Policy database

Request to the Mayor to hold an Extraordinary meeting of Cabonne Council Form

Magiq Doc ID 200525

Mobile Phone Policy

Policy database

Public Address Application Form

Magiq Doc ID 901609

 

11 Policy Statement

TABLE OF CONTENTS

PART 1 - BEFORE THE MEETING.. 6

1.1.       Holding Meetings. 6

1.2.       Notice of Meetings. 7

1.3.       Times of Meetings. 8

1.4.       Agendas and Business Papers. 8

1.5.       Order of Business. 13

1.6.       Public Access to Agendas and Business Papers. 13

PART 2 - AT THE MEETING: GENERAL.. 15

2.1 Coming Together. 15

2.2 Addressing Councillors. 15

2.3 Councillor Accountability - Open Decision-making.. 16

2.4 Business at Council Meetings. 16

2.5 Questions at council meetings. 16

2.6 Committee of the Whole. 17

2.7 Mayoral Minutes. 18

2.8 Voting.. 19

2.9 Divisions. 19

2.10 Casting Vote of Chairperson.. 20

2.11 Decisions of Council 20

2.12 Defamatory Statements. 21

2.13 Formalising Mayoral Actions. 22

2.15 Public Questions and Addresses. 23

2.16 Audio or Visual Recording of Meetings. 24

2.17 Use of Mobile Phones and Accessing the Internet during Council meetings prohibited   24

PART 3 - CONFLICTS OF INTERESTS.. 24

3.1 Pecuniary Conflicts of Interests. 24

3.2 Non Pecuniary Conflict of Interests. 26

PART 4 - QUORUM AND ATTENDANCE.. 26

4.1 Attendance at Meetings. 26

4.2 Quorum at Meetings. 28

4.3 Adjourning Meetings. 29

PART 5 - MOTIONS AND AMENDMENTS.. 30

5.1 Terminology. 30

5.2 Motions. 30

5.3 Amendments to Motions. 33

5.4 Foreshadowing another Motion.. 33

PART 6 - RESCISSION MOTIONS.. 34

6.1 Changing earlier decisions. 34

6.2 Lodging rescission motions. 34

6.3 Dealing with rescission motions at meetings. 35

PART 7 - CLOSED PARTS OF MEETINGS.. 37

7.1 Who decides?.. 37

7.2 Subject matter of closed meetings. 37

7.3 Procedure. 38

PART 8 - ORDER AT MEETINGS.. 40

8.1 Standards of conduct. 40

8.2 Maintaining order. 41

8.3 Sanctions. 43

PART 9 - COMMITTEES, THEIR MEMBERS AND FUNCTIONS.. 43

9.1 Forming committees. 43

9.3 Meeting procedures. 45

9.4 General Manager’s role. 48

PART 10 - AFTER THE MEETING.. 48

10.1 Acting on council decisions. 48

10.2 Public availability of decisions. 49

PART 11 - MINUTES.. 49

11.1 Contents of Minutes. 49

11.2 Signing Council Minutes. 51

PART 12 - CODE OF MEETING PRACTICE.. 52

12.1 Status of code. 52

12.2 Effect of Regulation change. 53

PART 13 - WORKSHOPS.. 53

13.1 Purpose. 53

13.2 Attendance. 55

13.3 Procedure. 55

PART 14 - REFERENDUMS.. 56

14.1 Constitutional referendums. 56

PART 15 - SEAL.. 56

15.1 Purpose. 56

15.2 Procedure. 56

PART 16 - SUSPENDED COUNCILLOR(S). 57

16.1 Circumstances. 57

16.2 Effect. 58

 

PART 1 - BEFORE THE MEETING

1.1.                   Holding Meetings

1.1.1 When are ordinary council meetings held?

Ordinary council meetings are held on a regular basis, as decided by the council.  Council must meet at least ten (10) times a year, with each meeting being in a different month (s.365 of the Act). 

The general manager shall report to council in September of each year, recommending the timing for meeting times of ordinary Council Meetings and standing committee meetings.  The council shall adopt a schedule for meeting dates for the ensuing twelve months and the times at which those meetings are to be held. 

Council may resolve to not meet in January of each year. 

When public holidays applicable to Local Government fall on a Monday, if this were a council or committee meeting day, council would hold the meetings on the Tuesday after the Public Holiday.

 

1.1.2 When is an extraordinary meeting held?

At least two (2) councillors can make a written request to the mayor to hold an extraordinary council meeting.  Councillors are required to complete the prescribed Form for this purpose.

The mayor can be one of the two councillors, but the mayor cannot call extraordinary meetings by him or herself without having a written request with another councillor’s signature.  The mayor must then ‘call’ the meeting, which is to be held as soon as practical but within fourteen (14) days after the request is made (s.366 of the Act).

Extraordinary meetings are not only held in ‘extraordinary’ circumstances.  These meetings may be held to deal with special business or where there is so much business to be dealt with that an additional meeting is required (cl.242 of the Regulation).

 

1.1.3 Where are council meetings held?

Normally meetings will be held at the Council Chambers, Bank Street Molong with any variation to be advertised if resolved to be held elsewhere.

1.2.                   Notice of Meetings

1.2.1 What notice has to be given to the public of ordinary council and committee meetings?

Council must give public notice of the time and place of ordinary council and committee meetings (s.9 of the Act).  The notice must be published in a local newspaper, indicating the time and place of the meeting (cl.232 of the Regulation).  Notice can also be given in other ways if it is likely to come to the public’s attention — for example, by a list or poster at the council’s office or the library.  More than one meeting may be advertised in a public notice.

Enough notice will be given so that the public can find out when and where the council is meeting.

1.2.2 What notice has to be given to councillors of ordinary council and committee meetings?

At least three (3) calendar days before a council or committee meeting, council’s general manager must send each councillor a notice of the time, place and business on the agenda of the meeting (s.367 of the Act; cl.262 of the Regulation).

1.2.3 What notice has to be given of extraordinary council and committee meetings?

Public notice must be given of the time and place of extraordinary council and committee meetings (s.9 of the Act), but this does not have to be by publication in a local newspaper (cl.232 of the Regulation).

If an extraordinary meeting is called in an emergency, less than the usual three (3) days notice can be given to councillors (s.367 of the Act). 

Initially the general manager will decide what an ‘emergency’ is. 

Whilst the Act does not define ‘emergency’, a definition is provided in this policy.

1.2.4 Is a council decision invalid if proper notice was not given for that meeting?

A council decision will still be valid even if proper notice had not been given for the meeting in which the decision was made (s.374 of the Act), provided a quorum was present.  If the meeting does not follow the Act, the Regulation, the Model Code or council’s Meeting Code there may be a breach of the Act (s.672), but this does not mean that the decision is invalid (s.374 of the Act).

Any person concerned about the running of a meeting can apply to the Land and Environment Court to stop or fix a breach of the Act (s.674(1) of the Act).

1.3.                   Times of Meetings

1.3.1 What time should council meetings start?

This is not covered in the Act or the Regulation. 

The general manager shall report to council in September of each year, recommending the timing for meeting times of ordinary council Meetings and standing committee meetings.  The council shall adopt a schedule for meeting dates for the ensuing twelve months and the times at which those meetings are to be held. 

Council allows meetings to be held at other times in special circumstances subject to the required public notice being given.

In setting these times for its meetings council’s foremost consideration has been the convenience of councillors.  Matters to be taken into account included:

·    employment or business commitments;

·    carer responsibilities;

·    safety issues (eg long travel distances at night).

There are good arguments for daytime meetings, for example, in large rural areas where councillors may have to travel long distances to attend meetings.  There are also good arguments for early evening meetings, allowing councillors and members of the public with daytime jobs to attend the meetings.

Council may on occasions set the time and place of a meeting to suit a particular interest group which may be expected to attend.

1.4.                   Agendas and Business Papers

1.4.1 What must be in a meeting agenda?

The general manager must send each councillor notice of the business to be dealt with at the upcoming meeting (the agenda) (s.367 of the Act).  Copies of the agenda must be available for the public at the council’s offices and at the meeting, free of charge (s.9 of the Act).  In addition council will place agendas on its website.

The agenda must indicate all business arising from a former meeting; any matter that the mayor intends to put to the meeting; and any business of which ‘due notice’ has been given (cl.240 of the Regulation).  The amount of time that is ‘due notice’ is consistent with the latest notice allowed for tabled reports (see 1.4.7) which are to be emailed to councillors by 5pm on the Friday preceding a meeting.

The general manager must include in the agenda for a meeting of the council any business of which due notice has been given (eg notice of motion, question on notice) except business that is unlawful (cl.240 of the Regulation).

1.4.2 What must be in the meeting business papers?

Business papers are documents relating to business to be dealt with at a meeting, for example, correspondence and reports from staff.  Business papers should be provided as early before the meeting as possible.  This gives councillors time to consider the issues and prepare for debate.

The business papers of Cabonne Council are to be available for access by councillors through their iPads no later than the Wednesday preceding the Ordinary Meeting.  A copy of the business papers shall be placed on Council’s website on the Thursday preceding the meeting.

Printed copies of the business papers for council meetings for the media and the public are to be available on request for collection from Council's Molong Office on Friday morning prior to Council Meeting Day.

In order to achieve this, the Agenda for council meetings will close one week before the meeting and any other business shall be brought forward as prescribed by this Code.

In the event of tabled reports, Council has set different time frames – see 1.4.7.

In the event of the calling of an Extraordinary Meeting, the above procedures will not necessarily be able to be followed and those business papers will be available on the day of the meeting at the latest.

Council staff should, when preparing business papers which will be open to inspection by the public, avoid including personal identifiers such as names and addresses unless such information is required by legislation.  An example of when such information would be required is a development application, in which case the name and address of the applicant must be provided.

1.4.3 Can payments made by council be included in council’s business papers?

These payments are often called ‘cheque warrants’ and will list the names of persons and amounts paid by council for various reasons.

Cheque warrants do not have to be included in council’s business paper.  The requirement in the Local Government Act 1919 that cheque warrants be included in council’s business paper was removed in the Local Government Act 1993.

Cheque warrants usually contain ‘personal information’ covered by the Privacy and Personal Information Protection Act 1998 (PPIPA).  As a result, the Local Government and Shires Associations of NSW and Privacy NSW (the agency that looks after the PPIPA) believe that cheque warrants should not be included in business papers.  The OLG agrees with this position and covers this issue in its Circular to Councils No. 01/14 “Public Access to Council Documents”, available from the OLG’s website at ww.olg.nsw.gov.au.

Payments made by councils can be found in council’s quarterly review of the management plan (s.407 of the Act).  Councillors may request access to warrants outside of council meetings, but may be refused on privacy grounds.

Council does not include payments in its business papers.

1.4.4 Should development plans be included in the business paper?

Applications for development consent, called ‘development applications’, must come with different types of plans under the Environmental Planning and Assessment Act 1979.

The Act does not require a council to make copies of these plans available in its business papers.  Because of privacy and copyright issues, development plans (being the internal floor plan of domestic residences) will not be included in the business papers.  Instead, interested members of the public should be allowed to view these plans at the council’s office.  The plans could also be brought to council and committee meetings by council staff.

Copyright raises some very complex issues for councils, particularly in the area of development applications.  Copyright in development plans (‘a work’) is usually held by the person who drew them.  Copyright may be breached when a document is copied and distributed, but not when it is viewed or placed on public exhibition.

The Environmental Planning and Assessment Act 1979 and other State legislation do not allow a council to ignore copyright law when it is dealing with development plans.  It would be unwise for a council to give out copies of plans unless the copyright owner has given permission to do so.

The Office of the Information Commissioner has provided guidelines in relation to information to not be released: Guideline 3: “local councils – personal information contained in development applications: what should not be put on council websites”.

1.4.5 Can additional information to that in the business papers be provided to councillors?

Yes.  A council may direct its general manager to provide its councillors with additional information.  If this is done, it is suggested that the additional papers be marked separately from the business papers so as to avoid any confusion.  Additional information won’t be automatically available to the public like the business papers.

Any information given to a particular councillor in the performance of that councillor’s duties must also be available to any other councillor who requests it in accordance with council procedures (Clause 10.4 Model Code).

1.4.6 Can Staff Reports be included in the business paper?

The only reference to staff reports in the Regulation is in clause 243(3), which states that a recommendation made in a report by a council employee is, so far as it is adopted by the council, a resolution of the council.  The procedure for presenting staff reports at council meetings is not covered by the Regulation - it is a matter for council’s Meeting Code. 

Council requires staff reports to be prepared on each agenda item before the meeting is held.  Staff reports are expected to contain sufficient information to enable the council to reach an informed decision.

1.4.7 Can a Tabled Report be submitted at a Council meeting?

Whilst council does not generally support the use of late tabled reports because of the lack of opportunity for the elected councillors to fully consider such material, as a general rule, where necessary and urgent, council is prepared to consider matters by way of tabled reports.

It is noted this policy provides notice different to that required by s.367 of the LG Act (at least 3 days clear notice) and is adopted subject to being utilised in extenuating circumstances.

Following a six (6) month trial (from June 2010) Council resolved the deadline for all tabled reports (documented) to be 5pm on the Friday preceding the monthly meetings and these late reports shall be emailed to all councillors and relevant staff by this time.

1.4.8 Can council staff change the wording of a committee recommendation when including it in the agenda?

The general manager has to make sure that certain information is in the agenda (cl.240 of the Regulation).  The general manager can decide how this information is to be expressed.

Committee recommendations to the council are usually in the form of an Item in the Council’s Determination section of the agenda including a report of each committee as an attachment with a recommendation:

“THAT the report and recommendations of the [insert name of Committee] Committee Meeting of Cabonne Council held on [insert date] be adopted.”

The recommendation shown in the agenda should be the same as the one decided by the committee.  When the council discusses the recommendation at the council meeting, it can adopt, amend and adopt, or reject the recommendation (cl.269 of the Regulation).  A council amendment could alter the meaning or intention of the recommendation, or simply correct its wording.

1.4.9 How should a matter be treated if its subject is confidential and the motion will probably be discussed in the closed part of a meeting?

Certain matters, because of their confidential nature, may be considered in closed meetings.  Parts of council meetings may be closed to the public to discuss the types of matters referred to in section 10A(2) of the Act.  Although a council decides whether the public is to be excluded from part of a meeting, the general manager must first decide whether an item of business is likely to be discussed in a closed part of a meeting.

Section 9(2A) of the Act directs the general manager to indicate on the agenda (without details) that an item of business is likely to be discussed in a closed part of the meeting.  For example:

“Item 5: Annual tenders for goods and services”

The agenda will also indicate the reason the item will be dealt with in the closed part of the meeting.  For example:

“Item 5: Annual tenders for goods and services

Reason: Information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business (section 10A(2)(c)).”

The general manager must make sure that any details of this item are put in a confidential business paper (cl.240(4) of the Regulation).  A council can disagree that an item should be discussed in a closed part of the meeting.  In this case, the item would be discussed during the open part of the meeting.

Sections 9, 10A and 664 of the Act and Section 10 of the Model Code deal with confidential information.

1.4.10 Can a council decide that notices of motion on its agenda will not have any supporting notes or comments from staff?

Yes.  While clause 240 of the Regulation sets out what must be included in the agenda, each council can decide how its business is to be stated in the agenda and whether supporting notes or comments should come with notices of motion.  

Council has considered the benefits for making well-informed decisions by having extra information or expert views provided in the notes or in the comments.  This additional information would be publicly available and may assist community members in understanding the reasons for, and effects of, council decisions. 

Notwithstanding, Council does not require notices of motion on its agenda to have any supporting notes or comments from staff.

(See also 5.2.3 of this Meeting Code)

1.4.11 Can an agenda include provision for questions from councillors?

Yes.  Council agendas contain an item “Questions for next Meeting”.  Councillors are provided with an opportunity to ask questions or raise matters which can be and answered as meeting if possible or addressed by way of a report to the next Council Meeting.

Questions provided in this way, and responses to those questions, would be considered council business and as such council’s Meeting Code covers this issue.  As responses to questions on notice would be considered council business, responses could form the basis for further motions on the same topic at that meeting.

Agendas and business papers (other than business papers for a confidential item) must be available for the public to look at or take away (s9 of the Act).  Any non-confidential questions included in the agenda or business papers would also need to be available to the public.

For information relating to asking questions about matters on the agenda during the meeting, see 2.5 of this Meeting Code.

1.4.12 Is it appropriate to have as an agenda item “Questions Without Notice”?

No.  Having an agenda item, “questions without notice” is inconsistent with the provisions of the Regulation that require notice to be given of matters to be discussed at council meetings (cl 241).

Allowing questions without notice would avoid the notice provisions of clause 241 of the Regulation.  That clause enables all councillors and the public to be aware, by reading the agenda, of matters that will be raised at each meeting.  It also enables councillors to give careful thought to any pecuniary interest or conflict of interest they might have in a matter, rather than having to hastily confront an issue during the meeting.

However, questions can be proposed by giving notice to the general manager in the usual way (see 1.4.11) and can be asked during the meeting in relation to business already before council (see 2.5).  If the matter is genuinely urgent, and the matter is not on the agenda, it could be dealt with under clause 241(3) of the Regulation.  Cabonne Council’s agenda provides for Matters of Urgency – which are defined in this policy.

For information relating to asking questions about matters on the agenda during the meeting, see 2.5 of this Meeting Code.

Further information on questions is contained in clause 5.2.8 of the DLG’s Meeting CodeNo. 16.

1.4.13 Can an item of business which is on the agenda be removed from the agenda prior to the meeting?

No.  Once the agenda for a meeting has been sent to councillors an item of business on the agenda should not be removed from the agenda prior to the meeting.

If it is proposed that an item of business which is on the agenda not be dealt with at the meeting council should resolve to defer that business to another meeting or resolve not to consider the matter, as the case may be.

1.5.                   Order of Business

The order of business for meetings (except for extraordinary meetings) is generally fixed by council’s Meeting Code (cl.239(1) of the Regulation). 

If the Council did not have a Meeting Code, then the order of business could be decided by council resolution (cl.239 (1) of the Regulation).

The Business of Council is conducted in the following format: -

1.   Open Ordinary Meeting

2.   Procedural Reports

3.   Consideration of Mayoral Minute and Other Councillors Reports*

4.   Consideration of General Manager's Reports

a.  Determination

b.  Called Grouping of Report items

c.  Called Notation items

5.   Matters of Urgency

6.   Resolve into Committee of the Whole

7.   Consideration of Closed Items

8.   Resumption of Open Meeting

9.   Adoption of Closed Committee of the Whole Report

The order of business can be changed by the passing of a motion (with or without notice).  Unlike other motions, only the mover of a motion to change the order of business can speak for or against it in the meeting (cl.239 (1) of the Regulation).

* - Councillors reports should be written/typed and submitted to the minute taker for inclusion in the minutes.

1.6.                   Public Access to Agendas and Business Papers

1.6.1 Who can access information that is available publicly?

The GIPA Act gives a right of access to certain documents to any interested person, not just people who are residents or ratepayers of the council area.  Access does not depend upon the reasons for the request being made.  Council publishes these documents on its website for easy access.

1.6.2 Which council meeting documents can a person have access to and inspect?

Access for inspection of all council documents relating to meetings of Council is allowed being only limited in that information or documents relating to meetings closed to the public as provided by s10A of the Act are not accessible.  (See Part 7 of this Meeting Code.)

1.6.3 Is a person entitled to inspect the agenda and minutes of an advisory council committee that includes staff members or the public?

The agenda and minutes of an advisory council committee which have been included in a council meeting agenda (excepting a closed meeting) can be inspected and are available as part of the business papers on council’s website.

Access to the agenda and minutes of an advisory council committee which have not been included in a council meeting agenda may be allowed unless inspection would be contrary to the public interest as defined by the GIPA Act.

1.6.4 Can a council charge a reasonable copying fee or postage for providing copies of its agenda and business papers?

Copies of the current agenda and associated business papers (excepting for a closed meeting) are made available to the public to look at or take away, and must be free of charge (s.9 of the Act).

GIPA legislation aims to foster and promote responsible and representative government that is open, accountable, fair and effective by encouraging proactive and informal release of information free of charge or at the lowest reasonable cost.  Accordingly, most government information should be available free of charge.  Under certain circumstances charges may be applied – refer to the OIC’s ‘GIPA Act fees and charges’ fact sheet.  In the first instance the requestor should be encouraged to download a copy of the business papers from Council’s website or receive an email version of the business papers.

1.6.5 Are papers created or received by councillors classified as council documents?

Council documents include those created or received in the course of the official duties by councillors.  Information generated by, in the possession of, or under the control of the councillors that concerns their civic or council duties under any Act is considered by the OLG to be a document of the council.  These documents may include information that does not form part of the council’s official filing system.

1.6.6 Can councillors copy information additional to the business papers (such as plans and legal opinions from council files) and give it to the public?

Section 664(1) of the Act states that “a person must not disclose any information obtained in connection with the administration or execution of the Act unless that disclosure is made:

(a)   with the consent of the person from whom the information was obtained; or

(b)   in connection with the administration or execution of the Act; or

(c)   for the purposes of any legal proceedings arising out of the Act or of any report of any such proceedings; or

(d)   in accordance with a requirement imposed under the Ombudsman Act 1974 or the Government Information (Public Access) Act 2009 , or

(e)   with other lawful excuse.”

There is a maximum penalty of $5,500 for breach of this provision.

Provided the additional information is not part of the business paper and is made publicly available, it can only be given out in accordance with section 664(1) of the Act.  It is also important to remember copyright law when making copies of information.

Council has documented procedures for public access to documents as provided under the Government Information (Public Access) Act 2009 and subject to the Privacy and Personal Information Protection Act 1998

Section 10 of the Model Code talks about access to and use of personal, council and confidential information.  The general manager or public officer, rather than individual councillors, are the appropriate people to assist members of the public to access documents.

PART 2 - AT THE MEETING: GENERAL

2.1 Coming Together

2.1.1 How may council open its meetings?

A council may open its meetings with a prayer if it chooses.  This decision should be made after considering the religious beliefs and views of the councillors and the community.  This issue could be included in council’s Meeting Code.  Council has not determined to open its meetings with a prayer.

A council may also choose to include an Acknowledgement of Country.  Acknowledgement of Country is where people acknowledge and show respect for the Aboriginal Traditional Custodians of the land upon which the event is taking place.  It is a sign of respect.

Council will include an Acknowledgement of Country on special/formal occasions; at the September Council Meeting for the election of mayor & deputy mayor; and at other occasions at the discretion of the mayor. 

2.1.2 Who can sit at the meeting tables?

The general manager can attend, but not vote at, council meetings.  The only exception to this is when the meeting is dealing with the general manager’s employment or standard of performance — then the council may resolve to exclude the general manager from the meeting (s.376 of the Act).

Sitting at a meeting table during a Council meeting, will be as follows:

The mayor will occupy the central seat facing other councillors and the gallery.  To his immediate right will sit the general manager and then the Director of Finance & Corporate Services.  To the mayor’s immediate left will sit the Director of Engineering & Technical Services and then the Director of Environmental Services.

Councillors will sit in the ‘horseshoe’ arrangement of chairs at a seat determined by themselves at the first meeting following an election, and then remain in the same chair for the remainder of the term.

It is important to remember that if a councillor is anywhere in the room where the council meeting is being held, they are considered to be ‘present’ for the purposes of voting (cl.251(1) of the Regulation).  This means that if they are in the room but do not vote on an issue (for example, by staying silent) their vote is taken as against the motion (cl.251(1) of the Regulation).

2.2 Addressing Councillors

2.2.1 How should councillors be addressed at council meetings?

Councillors are to be addressed as “Councillor [surname]”, whether the councillor is male or female.

If a councillor has a title (for example the Honourable or the Reverend); and whether or not the councillor has a qualification (for example, Doctor of Philosophy) a councillor’s title or qualification will be included when addressing them (for example, ‘Councillor Doctor X’). 

2.2.2 How should the chairperson be addressed at council meetings?

If the chairperson is the mayor they are usually addressed as ‘Mr Mayor’ or ‘Madam Mayor’.  When the chairperson is not the mayor, they would be addressed as ‘Mr/Madam Chair’ or ‘Mr/Madam Chairperson’.  

2.3 Councillor Accountability - Open Decision-making

Open decision-making is an important part of local government and should be the rule rather than the exception.  The ability of the public and media to attend and watch council and committee meetings — seeing the deliberations and decisions of elected representatives — is essential for councillor accountability.  This is recognised by the legislation, which encourages open decision-making at council meetings.

Councillors should be prepared to state their views publicly on both controversial and routine issues.  Informed voting by electors is best achieved when they can observe the speeches, debate and voting patterns of their councillors.

Council decisions should be based on fairness, impartiality, objectivity and consideration of all the issues (Sections 4 and 6 of the Model Code).  Open decision-making helps achieve this, as well as preventing misunderstanding and unfounded criticisms from the public.

2.4 Business at Council Meetings

2.4.1 What business can be discussed and dealt with at council meetings?

Business which a councillor has given written notice of within the required time before the meeting (cl.241(1)(a) of the Regulation), and of which notice has been given to councillors (s.367 of the Act) can be dealt with at a meeting.

Business that is already before the council or directly relates to a matter that is already before the council (cl.241(2)(a) of the Regulation).  For example, business in a report made by council staff in response to an earlier council request for a report;

·    The election of a chairperson for the meeting (cl.241(2)(b) of the Regulation);

·    A matter raised in a mayoral minute (cl.241(2)(c) of the Regulation);

·    A motion to adopt committee recommendations (cl.241(2)(d) of the Regulation);

Business ruled by the chairperson to be of great urgency (cl.241(3) of the Regulation) but only after a motion is passed to allow this particular business to be dealt with.  This motion can be moved without notice.

Business which does not fall within any of the above categories should not be transacted at a meeting.

2.4.2 What business can be discussed at extraordinary council meetings?

In general, only matters stated in the meeting agenda may be dealt with at an extraordinary council meeting.  Other business ruled by the chairperson to be of great urgency may also be dealt with at the meeting, but only after the business in the agenda is finished (cl.242 of the Regulation).

2.5 Questions at council meetings

2.5.1 Can Questions be asked of councillors or staff concerning a matter on the council agenda?

A councillor may ask a question of another councillor or a staff member.  A question to a councillor must be put through the chairperson.  A question to a staff member must be put through the general manager.

Any person to whom a question is put is entitled to be given reasonable notice of the question so as to allow that person time to research the matter, for example by referring to documents or making enquiries of other persons.

Questions must be put succinctly and without argument.  The chairperson must not allow any discussion on any reply or refusal to reply to such questions (cl 249 of the Regulation).  It is considered that staff refusal to reply would be in circumstances where they require further time to research the response to the question.  In this case, it would be good practice for council and/or the general manager to identify a timeframe for the response so that the period to respond is not open-ended.

When further time is required to respond to a question asked during a council meeting, it would be good practice to record the question and responses in the minutes.

2.5.2 Can Questions be asked of councillors or staff concerning a matter that is not on the council agenda?

Allowing questions without notice is inconsistent with the provisions of clause 241(1) of the Local Government (General) Regulation 2005 which requires notice to be given of matters to be raised at council meetings.

The purpose of the notice requirement is to enable all councillors and the public to be aware, by reading the agenda for the meeting, of matters that will be raised at the meeting.  This in turn promotes openness and transparency in the conduct of council meetings.

The notice requirement also ensures that questions, when asked, are appropriately recorded and responded to.

If the subject matter of a question is genuinely urgent and the question is not on the agenda, the question could be raised under clause 241(3) of the Regulation.  That clause allows a matter to be raised before council, despite notice not having been given, if:

·    A motion is passed to have the matter brought before the meeting; and

·    The matter is ruled by the chairperson to be of great urgency.

The Office of Local Government considers that it is acceptable for a council to adopt a practice of allowing councillors, just prior to the end of a meeting, to raise questions on the understanding that the answers will be provided at the following meeting.

Council has adopted this practice (June 2010 meeting).   An agenda item “Questions for Next Meeting” has been added to each agenda, immediately prior to the conclusion of the Ordinary meeting.  This provides a means of giving notice of the question for the following meeting, provided that there is sufficient time between the two meetings to meet the notice requirements of clause 241.  When such questions are listed, there is nothing preventing an answer being given straight away, if it makes sense to do so.

2.6 Committee of the Whole

2.6.1 What is the committee of the whole?

During the course of a council meeting a council may resolve itself into the ‘committee of the whole’ under section 373 of the Act.  That part of the council meeting then becomes a committee meeting.  The only advantage of a council forming a committee of the whole is that by reason of clause 259 of the Regulation the limits on the number and duration of councillor speeches referred to in clause 250 of the Regulation do not apply.

If at the time council resolves itself into the “committee of the whole” the meeting was open to the public then the meeting will remain open to the public unless council resolves to exclude the public under section 10A of the Act. (see also 7.3.3 of this Meeting Code )

2.6.2 May council resolutions be made by the committee of the whole?

No.  The committee of the whole may not pass a council resolution.  It makes recommendations to council in the same way as any other committee of council.  Once the committee has completed its business and the council meeting has resumed council considers any recommendations made by the committee of the whole.

Cabonne Council’s procedure is to resume the Ordinary (open) meeting and then resolve to adopt the recommendations of the “open” or “closed” sessions of the Committee of the whole.

2.7 Mayoral Minutes

2.7.1 What is a mayoral minute?

The mayor may put to a meeting (without notice) any matter which the council is allowed to deal with or which the council officially knows about (cl.243(1) of the Regulation).  This would cover any council function under the Act or other legislation, or any matter that has been brought to the council’s attention, for example, by letter to the mayor or the general manager.

This power to make mayoral minutes recognises the special role of the mayor.  A mayoral minute overrides all business on the agenda for the meeting, and the mayor may move that the minute be adopted without the motion being seconded.

Mayoral minutes should not be used to introduce, without notice, matters that are routine, not urgent, or need research or a lot of consideration by the councillors before coming to a decision.  These types of matters would be better placed on the agenda, with the usual period of notice being given to the councillors.

All Mayoral minutes must be tabled at the meeting and distributed to all councillors prior to further consideration (May 2010 meeting).

2.7.2 Can mayoral minutes be introduced at council committee meetings?

A council committee consisting entirely of councillors must run its meetings as set out in the Meeting Code (s.360(3) of the Act).

2.7.3 Can a mayoral minute be amended?

While not addressed in the Regulation, mayoral minutes may be altered in practice.  Changes to mayoral minutes should avoid making changes that will introduce, without notice, matters which need research or a lot of consideration by the councillors before coming to a decision.


 

2.8 Voting

2.8.1 What are the voting entitlements of councillors?

Each councillor has one (1) vote (s.370 of the Act).  A councillor must be present (in person) at the council or committee meeting to vote (cl.235 of the Regulation).

2.8.2 How is voting conducted?

Voting at a council meeting is to be by ‘open means’, for example, by voices or show of hands (cl.251(5) of the Regulation).  The only exception is voting on the position of mayor or deputy mayor.

Councils may use an electronic device to record the votes cast by councillors, but the requirement that voting take place by ‘open means’ still applies.  It will depend on the type of device used as to whether it is voting is by ‘open means’.  Votes in writing are not permitted.

2.8.3 Can voting be by proxy or other means?

A councillor must be present (in person) at the council or committee meeting to vote (cl.235 of the Regulation).  Councillors cannot participate in a meeting by video-conferencing or tele-conference.  There are no ‘proxy’* votes at council or committee meetings.

*- A ‘proxy’ is a system where an absent councillor can cast his or her vote by giving their vote to another councillor.

2.8.4 Can a councillor choose not to vote on a motion?

Although a councillor does not have to vote, voting at council meetings is one of the responsibilities of a councillor and should be regarded seriously.

Councillors who are not present for the vote are not counted as having voted.  A councillor will be absent from voting if they have physically left the meeting room.  If in the room, but choose not to vote or say they are abstaining from voting, it is taken that the councillors has voted against the motion (cl.251(1) of the Regulation).  This will be the case even if a councillor is sitting away from the meeting table, such as in the public forum.

Councillors with a pecuniary interest in a matter cannot be present at, or in sight of, the meeting that is considering the matter or voting on it (s.451(2) of the Act).  The only exception to this is where the Minister has given permission for such a councillor to be present in the meeting and to vote on the issue (s.458 of the Act).

2.8.5 Can a councillor who votes against a motion have that vote recorded?

Yes.  A councillor can request to have their name recorded in the minutes to show that they have voted against a motion (cl.251(2) of the Regulation).

2.8.6 Can a council record votes on matters in its minutes?

Yes.  Council can choose to record the voting on all matters in its minutes.  Council records a division in relation to all Planning matters (see 2.9.2) and when requested by councillors (2.9.1).

2.9 Divisions

2.9.1 What is a Division?

A ‘division’ is a means by which the support or objection to a motion is easily seen and is recorded.

A minimum of two (2) councillors must rise and call for a division on a motion.  The chairman must then ensure that a division takes place immediately (cl.251(3) of the Regulations).

2.9.2 Are there any other occasions when a division is required?

Yes.  A division is always required whenever a motion for a planning decision is put to the vote at a meeting of council or a meeting of a council committee (section 375A of the Act).

2.9.3 How is a division conducted?

The general manager must ensure that the names of those who voted for the motion and the names of those who voted against it are recorded in the minutes (cl.251(4) of the Regulation).

The method of conducting a division is for the Chairperson to declare that a division is called (once at least 2 councillors rise and demand a division) or as required by section 375A of the act and then to ask for a show of hands of those voting in favour of the motion and call the names.  The Chairperson would then ask for a show of hands for those voting against the motion and call the names.  In this way, the meeting can both see and hear how councillors are voting on the matter.  This also enables the general manager to ensure that all councillors who are present at the meeting have their vote recorded.

2.10 Casting Vote of Chairperson

2.10.1 When can the chairperson exercise a casting vote?

Each councillor is entitled to one vote (s.370 of the Act).  If the voting on a matter is equal, the chairperson has a second or ‘casting’ vote (s.370 of the Act).  This is in addition to any vote the chairperson has as a councillor.

The Act uses the word ‘second’ vote, which indicates that the chairperson has already voted once before using their casting vote.  Usually the chairperson casts a vote, and if the votes are tied, the chairperson then uses a casting vote to decide the matter.

2.10.2 How should a casting vote be exercised?

There is nothing in the legislation saying how a casting vote is to be used.  It is a matter for the chairperson as to how they will vote, after taking into consideration all relevant information.  They do not need to vote the same way on their first and second vote.

Should the chairperson fail to exercise a casting vote the motion being voted upon would be lost.

2.11 Decisions of Council

2.11.1 What is a decision of a council?

Once a motion is passed by a majority of votes at a meeting at which a quorum is present, the motion becomes a decision of the council (s.371 of the Act).  This is sometimes termed a ‘resolution’.  A quorum is the minimum number of councillors necessary to conduct a meeting.

2.11.2 Are council decisions affected when councillors change?

In legal terms, a local council is a body corporate of the State with perpetual succession and the legal capacity and powers of an individual (s.220 of the Act).  This means that the council is legally separate from the councillors on it, and that council decisions are not affected by changes in its councillors.

2.11.3 Are there any limits on the decisions a council can make before an ordinary election is held?

The Act does not impose such limits.

While the Act does not impose such limits, like Commonwealth and State Governments, councils are expected to assume a “caretaker” role during election periods to ensure that major decisions are not made which limit the actions of an incoming council.

It is the OLG’s practice, prior to ordinary elections, to issue a circular to councils reminding them of this caretaker convention.  Circular to Councils No. 08-37 “Council Decision-making Prior to Ordinary Elections” was issued prior to the 2008 ordinary elections and is available on the OLG’s website at ww.olg.nsw.gov.au.

2.11.4 Are there any restrictions on a council making decisions after an ordinary election?

No. Although the decisions of a council do not lapse after an election is held, there will be some opportunities for the new council to review earlier decisions.

2.11.5 When do the councillors, including the mayor, start and finish holding office?

All councillors start holding office on the day the person is declared to be elected (s.233(2) of the Act).  All councillors, other than the mayor, stop holding office on the day of the ordinary election (s.233(2) of the Act).

The mayor holds office until his or her successor is declared elected (s.230(3) of the Act).  This applies to both a mayor elected by the public (popularly elected) and a mayor elected by councillors, even if the (outgoing) mayor has not been re-elected as a councillor.  It is expected that the outgoing mayor would only exercise the powers that can be exercised by the mayor during such periods.  For guidance on this issue, see Circular to Councils No. 08-46 “Mayor’s Role After Ordinary Election” available on the OLG’s website at ww.olg.nsw.gov.au.

Council should treat its responsibility for electing a mayor seriously.  It should make sure that annual mayoral elections will be held as required under the Act.  This can be done through the early fixing (through a council resolution) of a date for mayoral elections, to ensure a quorum.

An election of the mayor by councillors must be held within three (3) weeks after an ordinary election (s.290(1)(a) of the Act).  The outgoing mayor would be entitled to chair the meeting until the new mayor is elected.  The outgoing mayor can do this even if he or she has not been re-elected as a councillor.

The procedure for electing a new mayor is set out in schedule 7 of the Regulation (cl.394 of the Regulation)

If the outgoing mayor chooses not to chair the meeting to elect the new mayor, the chairperson should be a councillor elected by the council (cl.236 of the Regulation).

2.12 Defamatory Statements

2.12.1 Can a councillor make defamatory statements at a council meeting?

The NSW Ombudsman publication Better Service and Communication for Councils, available at www.ombo.nsw.gov.au, provides information about defamation.  It states:

“A statement may be defamatory of a person if it is likely to cause an ordinary reasonable member of the community to think less of a person or to shun or avoid the person”.

Councillors, staff and members of the public can seek legal compensation, apology etc if they are defamed.

Councillors acting within their official capacity at meetings of council or council committees have a defence of ‘qualified privilege’ to actions in defamation.  This recognises that you may need to speak freely and publicly in carrying out your duties.  However qualified privilege needs to be treated with great caution.  It only covers statements made at a council or committee meeting when you are carrying out your duties and on business relevant to the council.  Statements also need to be made with good intentions, not malice.

A statement made outside a council or committee meeting will not be protected by qualified privilege, but may be protected under the Defamation Act 1974.  You should be guided by your own legal advice on defamation issues.

2.12.2 What happens if a councillor makes a possibly defamatory statement at a council meeting?

The chairperson of a council meeting is responsible for making sure that the council carries out its meetings in line with its Meeting Code and any relevant legislation.  One part of this is maintaining order at meetings.  This would include requiring a councillor to apologise for insults, personal comments, or implying improper motives with respect to another councillor.

The chairperson may call a councillor to order whenever he or she believes it is necessary to do so.  The chairperson may ask you to take back the statement and apologise.  If you refuse to do this, you may be expelled from the meeting for an act of disorder (cl.256(3) of the Regulation and s.10(2) of the Act).  This does not prevent legal action from being taken against you by the council or by another councillor, a member of council staff or a member of the public under the Defamation Act 1974 or the common law.

Council has authorised the chairperson of a meeting under s10 (2) of the Act and cl 258 of the Regulation.

2.13 Formalising Mayoral Actions

When necessary, the mayor may exercise the policy-making functions of the council between meetings (s.226 of the Act).  The mayor is to report his or her actions taken in this regard to the next available council meeting for “endorsement” during the Mayoral Minute.

2.14 Petitions

2.14.1 What procedure applies to petitions from members of the public?

The Act and the Regulation do not refer to the submission or tabling of petitions to a council.  The general manager will submit a report to the next available council meeting any petition received.  However, a petition will not be tabled if, in the opinion of the general manager:

1.   it does not contain the content details outlined below, or

2.   it is defamatory, or

3.   any action it proposes is unlawful.

Petitions must contain the following content detail:

a)   a heading on each page indicating the subject matter of the petition and the action sought from Council.

b)   a brief statement on each subsequent page of the subject matter and the action requested.

c)   name, address and signature of those people who support the petition.

A Petition form is attached as annexure A.

2.14.2 What details of petitions should be included in agendas and business papers?

Care should be taken to follow the Privacy and Personal Information Protection Act 1998 (PPIPA) with respect to the use and communication of personal information contained in petitions.  Section 18 of PPIPA provides that a council may not communicate personal information unless it is directly related to the reason why the information was collected, and the council has no reason to believe that the person concerned would object.

Communication of the information can also take place if a person is likely to have been aware (or has been made aware in line with section 10 of PPIPA) that this type of information is usually told to another person or organisation.

The question of whether a petition may be published in council’s business papers can only be decided by reference to the subject matter and wording of the petition; how council advertises matters in its business papers; and what instructions council staff provide to people making a petition to council.

2.15 Public Questions and Addresses

2.15.1 Can the public ask questions or address the council at council meetings?

There is no automatic right under the Act or the Regulation for the public to participate in a council meeting, either by written submission or oral presentation.  This includes being able to ask questions or address council meetings, or to comment on matters during meetings.

However, providing some form of public participation in council meetings is good practice.  If participation is permitted, councils should consider giving basic guidance to potential speakers on meeting processes and practices. 

Council’s policy is that members of the public be given the opportunity to address Council at a public forum on the second Tuesday of each month.

Members of the public shall, upon prior request, be allowed to address Councillors at allocated public forums on matters, provided the matter is within the responsibilities of Council and not a general request for council services – members of the public will be allocated 5 minutes to do so.  A written request, using the Public Address Application form, must be lodged to Council by 12pm on the Wednesday before the meeting.

Speakers should be asked not to make insulting or defamatory statements, and to take care when discussing other people’s personal information (without their consent).

2.15.2 Can a councillor speak to the council as a resident or ratepayer in the public access section of a meeting?

Residents or ratepayers can speak to council if allowed by the chairperson of the meeting. 

Given the opportunities for a councillor to raise matters at a meeting through notices of motion and questions, there is no provision to allow a councillor to speak to the council from the public access section.

Councillors who aren’t allowed to take part in a discussion because of a pecuniary interest cannot escape this by addressing the meeting as a ‘resident’ or ‘ratepayer’.  Section 451(2) of the Act states that a councillor must not be present at or in the sight of the meeting of council at any time during which the matter (for which the councillor has declared a pecuniary interest) is being considered, discussed or voted on.  This has been interpreted as excluding councillors in both their official capacity and as a member of the public.

Exclusion from speaking to a matter which is the subject of conflict goes beyond discussions on a formulated motion or resolution - see the (then named) Department of Local Government Circular to Councils No. 05/17 “Codes of Meeting Practice - Councillors Invited To Speak After Declaring A Pecuniary Interest In A Matter” available from ww.olg.nsw.gov.au.

2.16 Audio or Visual Recording of Meetings

A person may only use a recording device to record the meeting of a council or its committees with permission (cl.273 of the Regulation).  A council could decide to record its meetings to ensure the accuracy of its minutes or for some other council function.

Council does not record its meetings for minute taking purposes, notwithstanding that the media may attend open meetings.

2.17 Use of Mobile Phones and Accessing the Internet during Council meetings prohibited

Councillors are required under the Act to exercise a reasonable degree of care and diligence in carrying out their functions (s.439 of the Act).  Accordingly full attention should be focused on the meeting and the matters at hand.  Use of mobile phones or accessing the Internet for email or other purposes during a meeting is not conducive to meeting this obligation. 

All mobile phones are to be turned off unless permission has been granted by the Chair to have the phone on silent mode due to exceptional circumstances.  The Chair shall decide if the circumstances advised by a councillor or staff member warrant the phone being on – “exceptional circumstances” could include receiving the results of a medical test, or such. 

All other persons present at a council or committee meeting will have their mobile phones turned off.

Under no circumstances will a councillor access Internet for email or other purposes during a council or committee meeting.

 

PART 3 - CONFLICTS OF INTERESTS

(PECUNIARY AND NON-PECUNIARY)

3.1 Pecuniary Conflicts of Interests

3.1.1 What is a pecuniary conflict of interests?

The Act, the Regulation, the Model Code and the Model Code Guidelines provide guidance on pecuniary (or money-related) conflicts of interests.  These place obligations on councillors, council delegates and council staff to act honestly and responsibly in carrying out their functions.  They require that the pecuniary interests of councillors, council delegates and other people involved in making decisions or giving advice on council matters be publicly recorded.  They also require councillors and staff not to deal with matters in which they have a pecuniary interest.

Section 442 of the Act defines pecuniary interest as:

“… an interest that a person has in a matter because of the reasonable likelihood or expectation of appreciable financial gain or loss to the person.”

Section 443 of the Act provides that a person has a pecuniary interest in a matter if the pecuniary interest is that of any of the persons listed in that section.  Those persons include spouses, de facto partners, relatives, partners and employers.

A person does not have a pecuniary interest in a matter if the interest is so remote or insignificant that it is unlikely to influence that person’s decision-making (see s.442 of the Act), or if the interest is of a kind described in section 448 of the Act.

If a person is not aware of the relevant pecuniary interests of the other persons listed in section 443 then that person is not taken to have a pecuniary interest in the matter (s.443(3) of the Act).  Similarly, just because someone is a member of, or is employed by, a council, a statutory body or the Crown, they are not considered to have a pecuniary interest (s.443(3) of the Act).  This principle also applies to someone who is a member of a council, a company or other body that has or may have a pecuniary interest in the matter, so long as that person has no beneficial interest in any share of the company or body (s.443(3) of the Act).

3.1.2 What procedure must be followed if a councillor has a pecuniary interest in a matter before council?

A councillor or a member of a council committee who has a pecuniary interest in any matter before the council, and who is present at a meeting where the matter is being considered, must disclose and identify the nature of the interest to the meeting as soon as practical (s.451 of the Act).

A councillor must not be present at or in the sight of the meeting of council at any time during which a matter to which they have declared a pecuniary interest is being considered (s.451(2) of the Act).  This has been interpreted as excluding councillors in both their official capacity and as a member of the public.  Councillors barred from taking part in a discussion because of a pecuniary interest cannot escape this by addressing the meeting as a ‘resident’ or ‘ratepayer’.

This exclusion is from all discussions on the matter, not just discussions on a formulated motion or a resolution on the matter — see the (then named) Department of Local Government Circular to Councils No. 05/17 “Codes of Meeting Practice — Councillors Invited To Speak After Declaring A Pecuniary Interest In A Matter” available from ww.olg.nsw.gov.au.

A disclosure made at a meeting of a council or council committee must be recorded in the minutes of that meeting (s.453 of the Act).  However, proceedings will not be invalid just because a councillor or committee member does not identify a pecuniary interest at the meeting in accordance with section 451 of the Act.

Sometimes it is difficult to tell when one has a pecuniary interest that must be disclosed.  Judgments of the Pecuniary Interest and Disciplinary Tribunal specifically dealing with this issue are available from the OLG’s website at ww.olg.nsw.gov.au to help in this process.

Part 4.2 of the Model Code Guidelines also provides guidance on conflicts of pecuniary interests.  Example scenarios are given in the Guidelines for issues such as club/organisation membership.

3.2 Non Pecuniary Conflict of Interests

3.2.1 What is a non-pecuniary conflict of interests?

Part 4.2 of the Model Code Guidelines also gives examples of non-pecuniary conflicts between public duty and private interest.  These conflicts exist where a reasonable and informed person would perceive that a councillor or designated person could be influenced by a private interest when carrying out one’s public duty (Clause 7.1 of the Model Code).

The Model Code recognises that because of their official status, councillors have the power to make decisions or act in ways that can benefit their own private interests.  Areas of potential conflict include: club/organisation membership, personal relationships, sponsorship, lobbying, caucus votes, dealings with former council officials, and political donations.  The Model Code Guidelines provide information and examples to assist one in identifying conflicts of interests. 

3.2.2 What procedure should be followed if a councillor has a non-pecuniary conflict of interests?

A non-pecuniary conflict of interests is a conflict between a councillor’s private interest in a matter being considered by the council, and his or her interest as a civic official.  The Model Code prescribes procedures to cover such conflicts, which need to be adopted and applied by councils.

There are three types of non-pecuniary conflicts of interests.  They are ‘significant’, ‘less than significant’ and ‘political donations’.  Clauses 7.13 - 7.25 of the Model Code describes the procedures that need to be followed in respect of each type.

If one has a non-pecuniary interest that conflicts with your public duty one must disclose that interest fully in writing even if it is not significant.  One must do this as soon as practicable (clause 7.13 of the Model Code).

The disclosure of a conflict must be recorded in the minutes of the meeting and a record kept by council.  The disclosure recorded in the minutes constitutes written disclosure as required by clause 7.13 of the Model Code.

If one is aware in advance of a meeting of a possible non-pecuniary conflict of interests in a matter but remain in doubt, one is encouraged to seek legal or other appropriate advice.

The Model Code and Model Code Guidelines have been developed to assist councils implement, review and enhance their Meeting Code and Code of Conduct in regard to conflicts of interests.  The Model Code Guidelines provide guidance, better practice suggestions, examples and a list of relevant resources.

PART 4 - QUORUM AND ATTENDANCE

4.1 Attendance at Meetings

4.1.1 Can a councillor participate in a council meeting by video or tele-conferencing?

No.  A councillor must be personally present in order to participate in a council or committee meeting (cl.235 of the Regulation).

4.1.2 What happens if a councillor misses too many council meetings?

If a councillor is absent from three consecutive ordinary meetings of the council without the leave of the council having been granted then the councillor automatically vacates office (section 234(1)(d) of the Act).  Leave can only be granted by council prior to the meeting or at the meeting concerned.

This does not apply if the councillor has been suspended from office by the Local Government Pecuniary Interest and Disciplinary Tribunal under section 482 of the Act.

Council has resolved that councillors will be paid the monthly fee regardless of whether a councillor attends the monthly Ordinary Meeting or not up to a maximum of 3 months however the council must not pay any fee to that councillor that relates to the period of absence that is in excess of 3 months. (s.254A of the Act refers).

 

4.1.3 I am a councillor and I can’t attend a council meeting.  What should I do?

You should seek leave of absence from the council.  Leave of absence may be granted to councillors at the discretion of the council (s.234(1)(d) of the Act).  It is expected that you will attend all council and relevant committee meetings.  However it is acknowledged that sometimes there are good reasons why you may miss a meeting.

Leave of absence may be granted by the council prior to the meeting, or at the meeting.  An application for leave does not need to be made in person and the council may grant the leave in your absence (s.234(2) of the Act).

It would be wise to make the application in writing and state the reasons for the leave so that the council may consider it.  Written applications should be lodged with the general manager.  You should identify (by date) the meetings from which you will be absent.

If you intend to attend a meeting from which you have been granted leave of absence you should if practicable give the general manager at least two days notice of your intention to attend (cl 235A of the Regulation).  You should not assume that the council will grant you leave.  The council has discretion whether or not to grant a leave of absence.  It is expected that in considering such an application the council will act reasonably given that there are consequences for failing to attend council meetings.  There may also be consequences in terms of the public’s perception of both the council and the applicant.

4.1.4 Is tendering an apology the same as applying for a leave of absence?

No.  The tendering of an apology is an accepted convention by which those present at a meeting are notified that the person tendering the apology will not be attending the meeting.  It is a form of courtesy to those attending the meeting.  Its purpose is also to aid the efficient conduct of meetings by informing the chairperson as to who will not be attending.  This avoids delaying the opening of a meeting pending the arrival of such persons.

The acceptance of an apology is a positive acknowledgement of the courtesy of the person who tendered it.  It does not amount to a grant of a leave of absence.

Although the practice of tendering of apologies is recognised as a component of good meeting practice, it has no recognition in either the Act or the Regulations.

By contrast, a leave of absence is a formal permission granted by way of council resolution to a councillor excusing that councillor’s attendance at a particular meeting.  It is sought by way of application to the council.  It is recognised in both the Act and in the Regulation.

4.1.5 Is a councillor required to remain at a council meeting while council business is conducted?

There is no requirement that a councillor remain at a council meeting while business is being conducted.  However, it is expected that a councillor would attend and remain at council meetings (unless prevented by illness or pressing circumstances) in order to responsibly perform the role of a councillor (s.232 of the Act) and to assist the council in complying with its charter (s.8 of the Act).

Councillors must follow the council’s Code of Conduct (s.440 of the Act).  The Act requires councillors to act reasonably and responsibly in the performance of their duties (Section 6 Model Code).  In addition, section 439 of the Act requires councillors to exercise reasonable care and diligence in carrying out their civic functions.  Attending and remaining at meetings is an important part of this.

4.2 Quorum at Meetings

4.2.1 What is a quorum?

A quorum is the minimum number of councillors necessary to hold a meeting.  This minimum is set so that decisions are made by an appropriate number of councillors.  Provided a quorum of councillors is present, council business can go ahead.  If a quorum is not reached and maintained, the meeting cannot be held.

4.2.2 What are the quorum requirements for council meetings?

A quorum is present if a majority of the councillors who hold office for the time being are present at the meeting (s.368 of the Act).

In determining the number of councillors for the purposes of calculating quorum any casual vacancies in councillor offices and any suspended councillors are not to be counted.

By way of example, in the case of a council with seven (7) councillors, four (4) councillors must be present to form a quorum.  If one of those councillors has been suspended from office and another has resigned then five (5) councillors hold office for the time being and the quorum will be three (3).

4.2.3 How do pecuniary interests affect quorum?

The case of Levenstrath Community Association Incorporated v Council of the Shire of Nymboida [1999] NSWSC 989, confirmed that a councillor who is not capable of voting on the business before the council (by reason of having disclosed a pecuniary interest in a matter) is regarded as being absent from a meeting for the purpose of determining whether or not a quorum is present.  In other words the councillor is regarded as holding office but not as being present at the meeting.

If so many councillors declare a pecuniary interest in a matter that the council is unable to form a quorum to deal with the business before it, the councillors concerned may apply to the Minister to allow them to participate in the discussion and vote on that matter (s.458 of the Act).  This recognises that council business must sometimes proceed even though the decision is being made by councillors with pecuniary interests declared.  The Minister does not grant such exemptions lightly.

4.2.4 What procedure must be followed if the meeting lacks a quorum?

A meeting may lack a quorum either by an insufficient number of councillors turning up to the meeting or by a councillor or a number of councillors leaving the room during the course of the meeting.

If a quorum is not present the meeting must be adjourned to a time, date and place fixed by the chairperson, or (in the chairperson’s absence) by a majority of the councillors present, or (failing that) by the general manager.

The general manager must record the absence of a quorum (including the reasons for the absence of a quorum) in the council’s minutes.  The names of the councillors present must also be recorded (cl.233 of the Regulation).

(See also 5.2.9 of this Meeting Code)

4.2.5 What is the effect of councillors meeting without a quorum?

Without a quorum the meeting is not a meeting of the council.  Resolutions cannot be made. Any action taken will have no legal validity.

4.2.6 Can a council later ratify a resolution made by councillors at a meeting without a quorum?

No.  A quorum of councillors must be present before a council decision can be validly made (s.371 of the Act).  If a resolution is purportedly passed when there is no quorum, it is invalid.  It cannot be made valid at a later meeting.  However the matter may be considered afresh at a later meeting with a quorum present.

4.2.7 What can a council do to maintain a quorum at meetings?

Sometimes councillors leave a meeting with the intention of removing the quorum so that business cannot proceed.  This is a political misuse of the meeting procedure and should be avoided.

If a council is unable to maintain a quorum because of disputes between councillors, negotiating the matters in contention outside of the meeting forum is suggested.  You should try to resolve your concerns (perhaps with the assistance of a mediator) and come to a position so that the business may be dealt with in the meeting.

Clause 239(2) of the Regulation allows for a procedural motion without notice to change the order of business at a meeting from that set out in the agenda.  In this way, controversial issues can be dealt with last (to avoid losing quorum) and the remainder of the current business can be dealt with.

4.2.8 Can a council abandon a meeting before the time set for the meeting because of an anticipated lack of a quorum?

There is no provision in the Act or the Regulation for a council meeting to be abandoned or cancelled.  If notice of a meeting has been given, it must be held or at least opened.  While a meeting without a quorum can be opened, it cannot make any decisions (s.371 of the Act).

Clause 233(1)(a) of the Regulation provides that a council meeting must be adjourned if a quorum is not present within half an hour after the meeting is due to start.

4.3 Adjourning Meetings

4.3.1 What is the effect of adjourning a meeting?

If a meeting is adjourned because it cannot be held, for example because of a lack of a quorum, it is postponed to a later time or date and, possibly, to a different place.

If, part way through a meeting, the meeting is adjourned (for example because a quorum ceases to be present or because of time constraints) the meeting will recommence at the time and place that it is adjourned to.

An adjourned meeting is a continuation of the earlier part of the same meeting, not a new meeting.

4.3.2 What notice should be given of an adjourned meeting?

If a meeting is adjourned to a different date, time or place, each councillor and the public should be notified of the new date, time or place.

4.3.3 What business can be conducted at a meeting that has been adjourned?

As an adjourned meeting is a continuation of the same meeting (not a new meeting), council does not need to issue a new agenda and business papers for the adjourned meeting.  The agenda and business papers already issued would be the proper documents from which you are to work.  Business not already on the agenda could be dealt with only if the urgency procedure in clause 241(3) of the Regulation is followed.

If the adjourned meeting is held on the same date as another council meeting (for example, the next ordinary meeting), the meetings should be kept separate, with separate agendas and business papers.  Which meeting is held first would depend on the circumstances.  For example, the earlier meeting might have been adjourned because of a lack of a quorum after councillors walked out over a certain item.  Because that item is still on the agenda, it is possible that the councillors might walk out again.  In this case, it would be better to hold the next ordinary meeting (without the controversial item) first so that current business can be dealt with.  The adjourned meeting could then follow.

PART 5 - MOTIONS AND AMENDMENTS

5.1 Terminology

5.1.1 What is a motion?

A motion is a proposal to be considered by council at a meeting.  It is a request to do something or to express an opinion about something.  A motion formally puts the subject of the motion as an item of business for the council.

5.1.2 What is an amendment?

An amendment is a change to the motion before the council, and takes place while that motion is being debated.  An amendment to a motion must be put forward in a motion itself.

5.1.3 What is a resolution?

A resolution is a motion that has been passed by a majority of councillors at the meeting.  While in practice it means the ‘council decision’, the word ‘resolution’ also indicates the process by which the decision was made.

5.2 Motions

5.2.1 How should motions be worded?

A motion should start with the word ‘that’, for example, ‘That Road X be closed’.  Motions should be clear, brief and accurate. A councillor may use sub-sections, numbered paragraphs or the like to make sure that the motion is easy to understand.  A councillor could submit more than one motion on the same topic.

Usually motions are written in a positive sense so that a ‘yes’ vote indicates support for action, and a ‘no’ vote indicates that no action should be taken.  A motion should be full and complete, so that when the motion or resolution is read in the future, its intention is clear.

5.2.2 Can a councillor explain uncertainty in the wording of a motion before it is seconded?

There may be situations in which the person moving a motion might be given the opportunity to explain uncertainties in its wording.  This is not covered by the legislation however council’s Meeting Code provides that it is a matter for the chairperson to decide.

Any explanation as to meaning should be limited to making clear the issue, not extending debate on the motion.

5.2.3 How does a councillor give notice of business for a council meeting?

A councillor gives notice of business for a council meeting by sending or giving a notice of motion to the general manager (cl.241(1) of the Regulation).  The council’s Meeting Code sets the timeframe for notice (see 1.4.1).  The general manager must not include any business in the agenda that is, in his or her opinion, unlawful (cl.240(2) of the Regulation).

All councillors are entitled to submit notices of motion to be included on the agenda in accordance with clause 241(1).

It is good practice that a general manager only provide factual information on the motion to assist in the discussion of the motion if requested by the councillor.  It is considered not appropriate for a general manager to comment on the merit of any notice of motion.

(See also 1.4.10 of this Meeting Code)

5.2.4 Can the number of motions put forward by a councillor be limited?

No.  As long as notice and other procedures are followed, a councillor can put forward as many motions as one may wish.  When putting forward motions, consideration should be given of the need to balance one’s civic responsibility for representing the interests of the community with one’s obligation to use council’s resources effectively and efficiently.

5.2.5 Can a councillor withdraw a notice of motion before it is put on the agenda?

A councillor may withdraw a notice of motion before it is placed on the agenda.

5.2.6 What is the usual order of dealing with motions?

A motion or an amendment cannot be debated unless there is a ‘mover’ and ‘seconder’ (cl.246 of the Regulation).  The mover puts forward the motion and if a second person agrees with it, debate on the motion can begin.

The mover has the right to speak first, and a general ‘right of reply’ at the end of the debate (cl.250 of the Regulation).  No new arguments or material should be argued during the ‘right of reply’.

The seconder of the motion speaks after the mover, but may choose to hold over their speaking rights until later in the debate.  However a procedural motion could be passed, putting an end to debate before the seconder has spoken.

Councillors are asked to speak for and against the motion, usually in the order of one speaker for the motion and one speaker against the motion.  Debate may end by completing the list of speakers who want to speak for or against the motion, the time allowed for debate finishing, the (limited) number of speakers allowed to speak on the motion having been reached, or where a procedural motion ‘that the question be put to the vote’ has been successful.

At the end of the debate, the chairperson puts the motion to the meeting for vote.  The chairperson will then declare the result of the vote.  If passed by the majority, the motion becomes a formal resolution of council.  The decision is final, unless it is immediately challenged by two (2) or more councillors who rise and demand a division on the motion (cl.251(3) of the Regulation).  Further information on divisions is contained in section 2.9 of this Meeting Code .

Council specifically allows a Chairperson of Council or Committees to move a motion from the Chair.

5.2.7 Can the time a councillor has to speak to a motion be limited?

Yes.  Clause 250(3) of the Regulation limits the length of speeches on each motion to five (5) minutes, unless the council gives extra time.  Extra time to speak may also be granted by the chairperson of the meeting when there is a need to explain a misrepresentation or misunderstanding (cl.250(3) of the Regulation).

5.2.8 Can a motion be moved following a question on notice?

Where an answer has been provided to a question on notice and a councillor seeks to have a matter arising from that question and answer considered by the council, notice should be given to the general manager in the usual way.  The general manager can include the item on the agenda for the next meeting, and make sure that the relevant staff prepare any necessary background documents or reports.  However if the matter is genuinely urgent, it could be dealt with under clause 241(3) of the Regulation.

Further information on questions is contained in paragraphs 1.4.10 and 2.5 of this Meeting Code.

5.2.9 When a councillor moved a motion at a meeting, a number of councillors left the meeting and there was no longer a quorum.  Should the motion be automatically placed on the agenda for the next meeting?

The Act and Regulation are silent as to the lapsing of motions.  The council may debate a motion that has been properly submitted.  If the lack of quorum continued and the meeting was adjourned, the motion could be debated later, when the meeting is reconvened.

If the motion was not put to the meeting, it would be dealt with at the reconvened meeting.

(See also paragraph 4.2.4 of this Meeting Code.)

5.2.10 If a notice of motion is given before a council election and the proposed mover is not re-elected to the council, can or must the council consider the motion?

The council can debate a motion that has been properly submitted.  What is important is that the motion was valid at the time it was put forward.  Whether the motion is actually debated will depend on whether another councillor moves and seconds the motion at the meeting.  If the motion does not have support at the council meeting, then it may lapse for failure to get a mover or seconder, or be defeated in a vote.

5.2.11 Are there any obligations on a councillor when considering a motion, amendment or resolution?

Councillors have an obligation to consider issues consistently, fairly and promptly (Clause 6.5 Model Code). All relevant facts known (or reasonably known) must be considered in terms of the merits of each issue (Clause 6.6 Model Code). Irrelevant matters or circumstances must not influence decision-making.

5.3 Amendments to Motions

5.3.1 How can a motion be amended?

An amendment to a motion requires a mover and a seconder to put it forward.  The amendment must be dealt with before voting on the main motion takes place (cl.246 and cl.247 of the Regulation).  Debate is allowed only in relation to the amendment and not the main motion — which is suspended while the amendment is considered.

If the amendment is passed, the motion is changed to include the amendment and this new motion is debated.  If amendment is not supported, the main motion stays in its original form and debate resumes.

There should only be one amendment to a motion before the council at any time (cl.247 of the Regulation).  If several amendments are proposed, each should be moved, seconded, debated and voted upon before the next.  The amendments should be put forward and debated in the order in which they affect the original motion, not in the order in which they were put to the meeting.

5.3.2 How should an amendment to a motion be worded?

Amendments may be in the form of additional words to a motion and/or the removal of words from the motion.  If the amendment is supported, the original motion is automatically changed by the addition and/or removal of words.  This becomes the amended motion.  If no further amendments are put forward, the amended motion is then put to the meeting.  If passed, the amended motion becomes the resolution.

Any amendment to a motion must not alter the motion to the extent that it effectively reverses the motion.

5.3.3 Can the chairperson rule an amendment to be new business and therefore out of order when discussing the current motion?

Yes.  While clause 238(1) of the Regulation requires a chairperson to put to a council meeting any lawful motion brought before the meeting, there is no requirement covering an amendment to a motion.  The chairperson can therefore rule an amendment to be new business and out of order.

Nevertheless, clause 248(1) of the Regulation allows a councillor, without notice, to move to disagree with the ruling of the chairperson on a point of order.  Only the mover of a ‘motion of dissent’ and the chairperson can speak to the motion before it is put.  The mover of the motion does not have a right of general reply (cl.248(3) of the Regulation).  It is then a matter for the councillors to decide by majority vote whether to carry the motion of dissent.

5.4 Foreshadowing another Motion

5.4.1 Can another motion be foreshadowed?

Yes.  It is possible to advise the council of an intention to put forward a motion that relates to a motion currently before the council.  However, the chairperson cannot accept the new motion until the first motion is decided.

PART 6 - RESCISSION MOTIONS

6.1 Changing earlier decisions

6.1.1 How can councils change earlier decisions?

Councils are able to change their decisions by way of a later decision.  A motion to rescind or alter a resolution is the usual means of changing a council resolution.  These motions must be notified in accordance with the Act (s.372(1)) and council’s Meeting Code.  Section 372(4) of the Act requires notice of a rescission motion to have the signatures of three (3) councillors if less than three (3) months has passed since the original resolution was made.

However, the courts have held that it is not always essential that a council expressly alter or rescind a resolution prior to passing a later resolution which is inconsistent or in conflict with the earlier resolution.  In other words, alteration or rescission can be implied - Everall v Ku-ring-gai Municipal Council (1991) 72 LGRA 369.

To make sure that council’s intention is clear, it is considered best practice to expressly state that a later resolution is to replace an earlier one.  In this way, the public, council staff and subsequent councillors can understand and act with certainty on council decisions.

6.1.2 Are there limits on when or how often decisions can be revisited?

Section 372(5) of the Act allows an original motion to be negatived (that is, lost) twice before a three (3) month ban is placed on any councillor putting forward another motion to the same effect.  However, to even bring the motion forward the second time will require three (3) councillors’ signatures if less than three (3) months has passed since the first time the motion was defeated (s.372(4) of the Act).

A motion to ‘rescind’ or undo an earlier resolution can only be lost once before a three (3) month ban is placed on any councillor ‘bringing forward’ another motion to the same effect (s.372(5) of the Act).  ‘Brought forward’ means moved at a council or committee meeting.  It is possible for notice of the motion to be given (but not for the motion to be moved) before the expiry of the three (3) month period referred to in section 372(5) of the Act.

6.1.3 Can a council rescind its decision not to pass a motion at an earlier meeting?

When a motion is not passed, this will result in no decision being made or no opinion being expressed by the council.  It does not mean that the council takes the opposite view or position to that expressed in the motion.

A second motion to the same effect as the original motion may, however, be debated (subject to due notice being given and the signature requirements of section 372(4) of the Act being met).  A third attempt cannot be made within three (3) months.

6.2 Lodging rescission motions

6.2.1 Can a council add extra time restrictions on the lodging of rescission motions?

No.  Section 372 of the Act contains two (2) time restrictions on the lodging of rescission motions. The first, in section 372(1), requires notice of a rescission motion to be given in accordance with the council’s Meeting Code.  The second restriction, in section 372(5), stops a similar motion being brought within three (3) months after a rescission motion has been defeated.

Any additional restrictions within a council’s Meetings Code that limit the lodging of rescission motions would be inconsistent with the Act and would have no effect.

6.2.2 Can a council require rescission motions to be lodged with, for example, five (5) supporting signatures?

Section 372(1) of the Act requires notice of a rescission motion to be given in accordance with the Act (s.360) and council’s Meeting Code. Section 372(4) adds the requirement that the notice must be signed by three (3) councillors if less than three (3) months has passed since the resolution was made.

A council’s Meeting Code cannot require notice of a rescission motion to be given in a manner that is inconsistent with section 372 of the Act (s.360).  This would include requiring more than three (3) signatures on the notice.  If a councillor moves a motion to require more than three (3) signatures on a notice of a rescission motion, the motion would be unlawful and the chairperson must rule it out of order.

However the signature requirements of section 372(4) of the Act only apply to notices of motion to rescind council resolutions.  If a council wants to allow its committees to rescind their resolutions, it could put this in its Meeting Code.

While it is expected that rescission procedures for council committees would be similar to the procedures for council itself, there is nothing to stop a council from having a different rescission procedure for its committees.

For committees consisting entirely of councillors, it would be best for rescission procedures to be added to the council’s Meeting Code, including consideration of any submissions received.

6.2.3 Can councillors avoid giving notice of a rescission motion by raising the motion without notice in a committee meeting and bringing it to the council meeting in a committee report?

Section 372 of the Act identifies procedures for lodging rescission motions.  Its predecessor was clause 25 of former Ordinance No.1.  It was generally thought, following the 1973 case of Shanahan v Strathfield Municipal Council (1973) 2 NSWLR 740, that clause 25(e) of the Ordinance provided an alternative to the rescission motion procedures where a recommendation was made as part of a report of a council committee.

However, section 372(6) of the Act is worded differently to clause 25(e) of the Ordinance.  It is this different phrasing which throws into doubt the applicability of the reasoning used in the Shanahan case.  The OLG is of the view that section 372(6) of the Act does not provide an alternative to the rescission motion procedures.  Council committees must follow the requirements in the same way as individual councillors.  Until there is a court decision on this issue, all interpretation is a matter of opinion.  Councils should be guided by their own legal advice.

6.3 Dealing with rescission motions at meetings

6.3.1 If council passes a resolution and a rescission motion is lodged at the same meeting, can the rescission motion be dealt with at that meeting?

Section 372(1) of the Act requires notice of a rescission motion to be given in accordance with council’s Meeting Code.  A rescission motion can be dealt with at the same meeting at which the resolution is passed if thirty (30) minutes notice is given.

However, clause 241(2)(a) and clause 241(3) of the Regulation allow business to be transacted when due notice has not been given.  Some authorities believe that this clause should not be used for rescission motions.  Clause 241(3) should be used only when a matter is genuinely urgent.

6.3.2 Can a council rescind a part of a resolution if the part is discrete from other parts of the resolution?

While not specifically covered in section 372 of the Act, it would appear that a council could rescind part of a resolution (without rescinding the whole resolution).  This view would be subject to any determination of a court.

6.3.3 Can a councillor bring forward a motion and have it twice negatived (or lost) by the council so that it cannot be brought forward again within three (3) months?

The purpose of this action would be to prevent a motion being put forward again under more favourable circumstances.  This procedure would be in accordance with section 372(5) of the Act, but would not be in the spirit of your obligations under the Model Code.  This action would only be successful if the majority of the councillors were prepared to vote twice against the motion.

6.3.4 Can a resolution granting development consent be rescinded?

Under section 83 of the Environmental Planning and Assessment Act 1979 development consent has effect from the date endorsed on the written notification (subject to any appeal action).  It would be possible for a council to rescind a resolution giving consent if the applicant has not been formally advised of the consent.

In Townsend v Evans Shire Council [2000] NSWLEC 163, it was held that there was no effective development consent until formal notice of a determination was issued to the applicant and that “ … it is necessary that the communication of the consent have some formal character as being authenticated on behalf of the council”.  Verbal advice from the mayor at the council meeting that the consent had been given was not notice to the applicants so as to “tie the council’s hands”.  In this case, the rescission motion had been lodged with the general manager before the time required in the planning regulations for issuing a notice of determination.

Once the applicant has been formally advised of council’s decision, there may be issues of compensation to the applicant if consent is later rescinded.

6.3.5 Does a review of a development application (DA) determination under s.82A of the Environmental Planning and Assessment Act have to be accom