cabonne Council colour 200 wide

 

 

 

 

 

 

 

 

 

12 December 2018

 

NOTICE OF Ordinary Council Meeting

 

Your attendance is respectfully requested at the Ordinary Meeting of Cabonne Council convened for Tuesday 18 December, 2018 commencing at 2:00pm , at the Cabonne Council Chambers, Bank Street, Molong to consider the undermentioned business.

 

 

 

Yours faithfully

HJ Nicholls

ACTING GENERAL MANAGER

 

 

ORDER OF BUSINESS

 

1)       Open Ordinary Meeting

2)       Consideration of Mayoral Minute

3)       Consideration of Acting 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 – DECEMBER 2018 COUNCIL MEETING

 

 

2:00pm

Youth of the Month – Claire Wright from Canowindra High School

 

 

 


 

 

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

 

 

 

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

 

 


         

 

 

 

 

 

 

 

 

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 


GENERAL MANAGER’S REPORT ON MATTERS FOR DETERMINATION SUBMITTED TO THE Ordinary Council Meeting TO BE HELD ON Tuesday 18 December, 2018

Page 1

TABLE OF CONTENTS

 

 

 

ITEM 1      APPLICATIONS FOR LEAVE OF ABSENCE.................................. 4

ITEM 2      DECLARATIONS OF INTEREST....................................................... 4

ITEM 3      DECLARATIONS FOR POLITICAL DONATIONS.......................... 5

ITEM 4      MAYORAL MINUTE - APPOINTMENTS........................................... 5

ITEM 5      COMMITTEE OF THE WHOLE........................................................... 6

ITEM 6      GROUPING OF REPORT ADOPTION.............................................. 7

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

ITEM 8      AUSTRALIA DAY AWARDS COMMITTEE MEETING................... 8

ITEM 9      AUSTRALIA DAY COMMITTEE ........................................................ 8

ITEM 10    STRONGER COUNTRY COMMUNITIES.......................................... 9

ITEM 11    DROUGHT ASSISTANCE................................................................. 11

ITEM 12    DEFIBRILLATORS IN COUNCIL WORKPLACES....................... 12

ITEM 13    RMS ACTIVE TRANSPORT FUNDING (SHARED PATHS) - MATCHING FUNDING REQUIREMENT................................................................................... 13

ITEM 14    EUGOWRA VOLUNTARY PURCHASE.......................................... 14

ITEM 15    NOVEMBER 2018 LOCAL TRAFFIC COMMITTEE..................... 15

ITEM 16    MODIFICATION APPLICATION DA 2014/114/3 - EXTRACTIVE INDUSTRY (QUARRY), LOT 775 DP 813587, 1654 THE ESCORT WAY, BORENORE        19

ITEM 17    DEVELOPMENT APPLICATION 2018/115 - EXTERNAL REPAINTING OF 46 BANK STREET, MOLONG................................................................ 29

ITEM 18    MODIFICATION APPLICATION 2018/0084/1  RESTAURANT AND CONCEPT APPROVAL OF CELLAR DOOR..................................................... 38

ITEM 19    MODIFICATION OF DEVELOPMENT APPLICATION DA08/0177/1 FOR AN EIGHT (8) LOT RURAL SUBDIVISION AT Lots 218 & 219 DP 47258, LOTS 5, 6 & 7 DP 702416, LOTS 1 & 2 DP 114761, LOTS 9, 10, 11, 12, 19, 20, 24, 30, 31, 148, 189, 210, 211 & 238 DP 756869, LOT DP 181139, LOT 4 DP 114638, LOT 18 DP 10891443, LOT 1 DP 1096555 and Lots 1 & 2 DP 1096882 89 BRUCE ROAD ORANGE............................................................................................... 51

ITEM 20    QUESTIONS FOR NEXT MEETING................................................ 61

ITEM 21    BUSINESS PAPER ITEMS FOR NOTING...................................... 62

ITEM 22    MATTERS OF URGENCY................................................................. 62

ITEM 23    COMMITTEE OF THE WHOLE SECTION OF THE MEETING... 63

Confidential Items

 

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

 

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

Procedural

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

Procedural

ITEM 3      UNRECOVERABLE SUNDRY DEBTOR

(e) information that would, if disclosed, prejudice the maintenance of law

ITEM 4      DEBT WRITE OFF

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

ITEM 5      EXCAVATOR HIRE 21024 TONNE TO UNDERTAKE CIVIL WORKS AT VARIOUS LOCATIONS THROUGHOUT CABONNE LGA

(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    November 27 2018 Ordinary Council Meeting Minutes        65

ANNEXURE 8.1    November 27 2018 Australia Day Awards Committee Minutes                                                                                                    79

ANNEXURE 15.1  Trfaffic Committee 2018 11 - minutes................. 82

ANNEXURE 16.1  Conditions of modified approval DA 2014 114 3     88

ANNEXURE 18.1  Draft modified development consent............ 99

ANNEXURE 18.2  Redacted Submissions DA18 0084 1.................... 112

ANNEXURE 18.3  Approved plans and development consent 122

ANNEXURE 19.1  Approved modified conditions of approval 2008 177 Aboud                                                                                                 147

ANNEXURE 19.2  Approved and proposed plan  of subdivision DA2008 177 162

ANNEXURE 19.3  Draft modified conditions of consent DA2008 177 2    164 

 


 

 

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 - 974277

 

 

Recommendation

 

THAT any apologies tendered be accepted and the necessary leave of absence be granted.

 

Acting 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 - 974279

 

 

Recommendation

 

THAT the Declarations of Interest be noted.

 

Acting 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 - 974280

 

 

Recommendation

 

THAT any Political Donations be noted.

 

Acting 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 - 974281

 

 

Recommendation

 

THAT the information contained in the Mayoral Minute be noted.

 

Acting 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 - 974282

 

 

Recommendation

 

THAT Councillors call any items that they wish to be debated in Committee of the Whole.

 

Acting 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 - 974283

 

 

Recommendation

 

THAT:

1.    Councillors call any items they wish to further consider

2.    Items 7 and 9 be moved and seconded.

 

 

Acting General Manager's REPORT

 

Items 7 and 9 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.  November 27 2018 Ordinary Council Meeting Minutes    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - MINUTES - 2018 - 974284

 

 

Recommendation

 

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

 

Acting General Manager's REPORT

 

The following minutes are attached for endorsement:

 

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

 

ITEM 8 - AUSTRALIA DAY AWARDS COMMITTEE MEETING

REPORT IN BRIEF

 

Reason For Report

Adoption of Australia Day Awards Committee Recommendations.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

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

Annexures

1.  November 27 2018 Australia Day Awards Committee Minutes    

File Number

\OFFICIAL RECORDS LIBRARY\RECREATION AND CULTURAL SERVICES\EVENTS MANAGEMENT\AUSTRALIA DAY 2019 - 977714

 

 

Recommendation

 

THAT the report and recommendations of the Australia Day Awards Committee Meeting of Cabonne Council held on 27 November, 2018 be adopted.

 

Administration Manager's REPORT

 

Attached is the report of the Australia Day Awards Committee Meeting of Cabonne Council held on 27 November, 2018.

 

 

ITEM 9 - AUSTRALIA DAY COMMITTEE

REPORT IN BRIEF

 

Reason For Report

To appoint the Acting General Manager to the Australia Day committee

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 - 977140

 

 

Recommendation

THAT Council appoint Heather Nicholls, as Acting General Manager, as a member of the Australia Day Awards Committee that meets as and when required for the 2018/20 years.

 

Acting General Manager's REPORT

 

Each of Council’s committees is constituted to deal with certain matters identified under Council’s principal activities.  Further details of the principal activities are included in Council’s Delivery Program. 

 

The committee members for the Australia Day Committees that meet as and when required for the year 2018/20 (October to September) comprises all the councillors and the General Manager.

 

Council is required to appoint the Acting General Manager to committee in the absence of a permanent general manager.

 

ITEM 10 - STRONGER COUNTRY COMMUNITIES

REPORT IN BRIEF

 

Reason For Report

To recommend underwriting local community committees funding requirements for Stronger Country Communities projects.

Policy Implications

Nil

Budget Implications

Temporary cash outlay

IPR Linkage

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

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GRANTS AND SUBSIDIES\PROGRAMS\STRONGER COUNTRY COMMUNITIES FUND - ROUND 2 - 978843

 

 

Recommendation

 

THAT Council advance funds to enable the completion of the Stronger Country Communities projects, subject to the conditions as outlined in the report.

 

 

Acting General Manager's REPORT

 

As council would be aware, eight projects have received grants under the Stronger Country Community Round 2 fund.  The projects receiving funding are as follows:

 

Cudal Community Children’s Centre Expansion                             $228,819

Molong Early Learning Centre Expansion                                        $214,888

Shared Mobility Access Pathways Project – small villages           $219,222

Shared Mobility Access Pathways Project – Canowindra             $219,240

Cumnock Showground Pavilion Extension                                      $446,250

Cumnock Village Recreation Precinct landscape masterplan       $496,222

Molong Village Green revitalisation project                                       $132,000

Canowindra Challenge Inc Showground Upgrade                          $222,004

 

At a meeting held on 5 December 2018 between council, the successful applicants and representative from Dpt Premier & Cabinet (DPC) to discuss projects and funding agreements, the DPC representative indicated that funding would be on the basis of 33% upfront with a further 33% being paid when 50% of the grant value had been expended and the remainder being paid on project completion.  This would mean that in a worst case scenario, one of the small community groups receiving funding would have to raise over $168,000 to enable the project to proceed.  This obviously would be unachievable and the only way forward for the projects would be if council were to underwrite the funding gap until the grant funds were received.

 

It is suggested that the underwriting would be conducted on the following basis:

 

·    Funding agreements between council and the community groups to be signed.

·    Funding agreement between council and DPC to be signed.

·    Initial funding received from DPC.

·    Initial funding distributed to community groups.

·    Community groups to prove expenditure of the initial 33% and produce copies of accounts requiring payments up to 50% of the project (ie a further 17%).

·    Council to raise a debtor account for the community group and forward them a further 33% of the funding agreement.

·    Community groups to provide evidence of expenditure of 50% of the grant value.

·    Council to lodge claim with DPC for payment of second instalment for the projects.

·    When funding is received, payment is made to negate the debtors accounts raised.

·    Community groups to provide evidence of expenditure of the second instalment of the grant received from council and accounts for the remainder of the project.

·    Council to raise debtors accounts for the remainder of the grant.

·    Community groups to provide council with evidence of total expenditure of grant funds.

·    Council to make final claim for grant funded projects.

·    Upon receipt of payment, money to be applied to the debtors account raised for the community group.

 

Although there is some degree of risk for council with this method, in that funding is being extended in advance of payments being made to creditors of the community groups, it would appear to be the only way forward to ensure that these worthwhile community projects proceed.  The maximum amount that would be underwritten at any one time would be $546,782.

 

 

 

ITEM 11 - DROUGHT ASSISTANCE

REPORT IN BRIEF

 

Reason For Report

To review the drought assistance implemented by council.

Policy Implications

Nil

Budget Implications

Unknown

IPR Linkage

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

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\CORPORATE MANAGEMENT\POLICY\POLICY CORRESPONDENCE - 977883

 

 

Recommendation

 

THAT Council maintain the drought assistance measure currently in place and review in March 2019.

 

Acting General Manager's REPORT

 

Council will recall the resolution from August in relation to drought assistance as follows:

 

THAT Council provide access to water from the Molong Depot stand-pipe at no charge based on the following parameters:

 

1.   Recipients being registered with details of their location, rural enterprise and where the water will be utilised.

2.   The water is to be used for domestic purposes only.

3.   Parties who have registered will be responsible for cartage of the water.

4.   This policy will be reviewed after a three-month trial period or should the level of water restrictions for the town water supplies increase.

5.   The policing of on-selling of water.

 

As per part 4 of the resolution, the policy is now due for review.

 

To date the scheme has cost council $4,823.60 with 778,000 litres of water picked up servicing 71 properties (note this may not be individual properties but rather the same properties accessing water).

 

ITEM 12 - DEFIBRILLATORS IN COUNCIL WORKPLACES

REPORT IN BRIEF

 

Reason For Report

To consider providing defibrillators within the workplace.

Policy Implications

Nil

Budget Implications

$44,000

IPR Linkage

4.5.5.d - Review and improve the Work Health and Safety Management system

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\PERSONNEL\WORK HEALTH AND SAFETY PREVIOUSLY OCCUPATIONAL HEALTH AND SAFETY\REPORTING - 978435

 

 

Recommendation

 

THAT Council consider the purchase of defibrillators for all worksites as part of Council’s emergency medical response equipment in the 2019/20 budget.

 

Risk Management Coordinator's REPORT

 

This report is to provide the requested information on Council workplaces that do not have defibrillators as part of their first aid equipment.

 

There are ten permanent Council worksites that do not have defibrillators, being the seven depots and three administrative buildings. There are also worksites that are not permanent, but are considered a high risk in that the type of work is often in remote areas and is also often performed by staff alone.

 

There are seven supervisors that are located on outdoor staff worksites who could have defibrillators assigned to them to take to worksites. The three overseers and two coordinators could have defibrillators in their vehicles as first responders to incidents involving lone workers and other external staff. This would provide medical support for workers that are offsite or working alone in remote areas. These workers have first aid kits in their vehicles and are also trained first aiders.

 

An ageing workforce increases the risk of a heart attacks but it is not necessarily the only contributing factor. In the past six months, Council has had three outdoor workers suffer from chest pain and transferred to hospital.

 

To increase the opportunity for staff to receive appropriate first aid in the event of a heart attack, a defibrillator would need to be readily available on each worksite.

 

It is suggested by the Risk Management Coordinator, in consultation with staff, that a defibrillator be provided to each of the permanent worksites and each of supervisors, three overseers and coordinators.

 

It is envisaged that the purchase of 22 defibrillators would cover the permanent worksites, outdoor staff on projects and lone workers. The cost of each defibrillator has been quoted at $2,000 per unit making a total cost of $44,000. A bulk purchase would make this cost negotiable.

 

 

 

 

ITEM 13 - RMS ACTIVE TRANSPORT FUNDING (SHARED PATHS) - MATCHING FUNDING REQUIREMENT

REPORT IN BRIEF

 

Reason For Report

Budget review required.

Policy Implications

Nil

Budget Implications

1.Re-alloction of funding between projects
2.Additional funds requested from reserves for co-contribution.

IPR Linkage

1.1.5.a - Construct new footpaths and pathways according to the requirements in the Pedestrian Access Mobility Plan (PAMP)

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\TRAFFIC AND TRANSPORT\PROGRAMS\ACTIVE TRANSPORT FUNDING 2018-19 - 979017

 

 

Recommendation

 

THAT Council:

 

1.  Re-allocate RMS funding received for project P.0036369 to P.0036368 in order to meet the 50% Council contribution required by the RMS

2.  Re-allocate funding from reserves to meet the required 50% contribution for project P.0036370

 

Director of Engineering & Technical Services' REPORT

 

Council have been successful in gaining funding through the NSW RMS Active Transport: Connecting Centres (Cycling) Infrastructure program for three projects. This funding is provided on a dollar for dollar basis therefore Council is required to make a 50% contribution to the total project cost. This contribution has not been included in the budget as there were significant delays in the assessment and announcement of successful applications and based on this significant delay, the assumption was made that our application was not successful, and therefore a budget was not provisioned.

 

Shared path project P.0036369 at Belmore Street Canowindra was completed in full within Council’s own budget in June 2018, with the successful funding announced shortly after. Due to the delays experienced, the RMS has confirmed they will still honour the funding offer of $43,560 for this project.

 

Shared path project P.0036368 is for Pye & Oberon Street footpaths in Eugowra with the RMS providing $41,951 in funding which is required to be matched. As the $43,560 for P.0036369 is still being granted, the recommendation is that this amount is re-allocated to project P.0036368 to cover the dollar for dollar contribution required.

 

Shared path project P.0036370 in Blatchford & Gaskill Streets Canowindra will have $129,319 provided by the RMS however there is no budget allocation for Council’s matching amount. It is recommended that Council approve an amount of $129,319 to come from the capital works reserve to fulfil our contribution requirement.

 

 

ITEM 14 - EUGOWRA VOLUNTARY PURCHASE

REPORT IN BRIEF

 

Reason For Report

Seeking Council determination on proposed voluntary purchase of 10 North Street, Eugowra

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

5.2.2.d - Action voluntary purchase applications

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\SEWERAGE AND DRAINAGE\FLOOD MITIGATION\EUGOWRA FLOODPLAIN - 978471

 

 

Recommendation

 

THAT:

1.  Council authorize the Acting General Manager to sign the funding agreement with NSW Office of Environment & Heritage.

2.  Council approve the acquisition of the nominated property, 10 North Street, and authorise Council’s seal to be affixed to the contract of sale.

3.  The land be classified as Operational land.

 

 

URBAN ASSETS COORDINATOR’S REPORT

Council at its ordinary meeting on 25 September 2018 resolved that consultation take place with the Eugowra Consultative Floodplain Committee (ECFC) in regard to a proposed Eugowra voluntary purchase and that a further report on funding be received.  In compliance with Council’s resolution, Council staff and Councillor Walker attended a meeting with the ECFC at Eugowra on Friday 16 November 2018.  The ECFC is an advisory body drawn from the local community.  The Committee was opposed to the proposed voluntary purchase of 10 North Street, Eugowra and voted 4 to 2 against the project proceeding.

 

In regard to funding, Council has received an offer of $107,600 from the NSW Office of Environment & Heritage (OEH).  This amount represents two thirds of the estimated cost of purchase and demolition of the property.  OEH requires the Acting General Manager’s signature on the funding agreement and its return to OEH for the funds to be accessed.

 

By proceeding with the proposed voluntary purchase and demolition, Council will remove one more house from the high-risk floodway and allow improved conveyance of floodwaters.

 

Council has successfully completed nine voluntary purchases since the scheme commenced.  It is recommended that Council authorise the acquisition of 10 North Street, Eugowra  - the proposed voluntary purchase property.

 

ITEM 15 - NOVEMBER 2018 LOCAL TRAFFIC COMMITTEE

REPORT IN BRIEF

 

Reason For Report

For Council to ratify the recommendations of the Committee

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

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

Annexures

1.  Trfaffic Committee 2018 11 - minutes    

File Number

\OFFICIAL RECORDS LIBRARY\CORPORATE MANAGEMENT\MEETINGS\TRAFFIC COMMITTEES - 978396

 

 

Recommendation

 

THAT Council ratify the recommendations of the November 2018 Local Traffic Committee.

 

Director of Engineering & Technical Services' REPORT

 

Attached are the minutes of the Local Traffic Committee meeting held 22 November 2018. The items addressed and their associated recommendations are as follows:

Item 3. Newcrest Bicycle Challenge 2019

 

THAT Council approve the request subject to:

 

1.   Implementation of the Risk Management Plan and Traffic Management Plan, in accordance with the “Guide to Traffic and Transport Management for Special Events” (RTA, v3.4 August 2006) for a Class 2 event

2.   NSW Road Rules being observed by participants at all times

3.   Written approval being obtained from NSW Police

4.   Written approval being obtained from all affected Local Government Authorities

5.   Council being provided with an updated copy of the $20M Public Liability Insurance Policy indicating Cabonne Council’s interests, with the date and location of the event

6.   The event organiser notifying all emergency services of the event

7.   The event organiser notifying the residents by letterbox drop and publishing in local newspaper including relevant signage.

8.   The event organiser debriefing Council on the event. This includes notifying Council of all incidents or near misses that occur during the event.

 Item 4.   Cargo to Grenfell Walk 2019

 

THAT Council approve the request subject to:

 

1.   Implementation of the Risk Management Plan and Traffic Management Plan, in accordance with the “Guide to Traffic and Transport Management for Special Events” (RTA, v3.4 August 2006) for a Class 2 event

2.   NSW Road Rules being observed by participants at all times

3.   Written approval being obtained from NSW Police

4.   Written approval being obtained from all affected Local Government Authorities

5.   Council being provided with an updated copy of the $20M Public Liability Insurance Policy indicating Cabonne Council’s interests, with the date and location of the event

6.   The event organiser notifying all emergency services of the event

7.   The event organiser notifying the residents by letterbox drop and publishing in local newspaper including relevant signage.

8.   The event organiser debriefing Council on the event. This includes notifying Council of all incidents or near misses that occur during the event

9.   Traffic controllers with valid tickets must be in the vehicle travel behind the walkers

 Item 5. Orange Motor Car Rally 2019

 

THAT Council approve the request subject to:

 

1.   Implementation of the Risk Management Plan and Traffic Management Plan, in accordance with the “Guide to Traffic and Transport Management for Special Events” (RTA, v3.4 August 2006) for a Class 3 event

2.   NSW Road Rules being observed by participants at all times

3.   Written approval being obtained from NSW Police

4.   Written approval being obtained from all affected Local Government Authorities

5.   Council being provided with an updated copy of the $20M Public Liability Insurance Policy indicating Cabonne Council’s interests, with the date and location of the event

6.   The event organiser notifying all emergency services of the event

7.   The event organiser notifying the residents by letterbox drop and publishing in local newspaper including relevant signage.

8.   The event organiser debriefing Council on the event. This includes notifying Council of all incidents or near misses that occur during the event.

 

Item 6. Heifer Station Wines Concert

Organiser to address the following items for Council’s review and approval.

 

·    Insurance extract provided is expired, require to update

·    TCPs 1 and 2 show alternative routes involving Borenore and Cargo Roads. These are not Restricted Access Vehicle (RAV) routes and in any case would not be suited to vehicles with oversize loads. This also applies to the detour involving Caldwell, Watts and Underwood Roads.

 

 

Item 7. Bigger than Ben Hall Film Recording

THAT Council approve the request subject to:

 

1.   Implementation of the Risk Management Plan and Traffic Management Plan, in accordance with the “Guide to Traffic and Transport Management for Special Events” (RTA, v3.5 July 2018) for a Class 3 Event

 

2.   NSW Road Rules being observed by participants at all times

 

3.   Council being provided with an updated copy of the $20M Public Liability Insurance Policy indicating Cabonne Council’s interests, with the date and location of the event

 

4.   The event organizer notifying all emergency services of the event

 

5.   Providing access for Motorist and pedestrians all the time

 

6.   Controlling Noise as per Environmental regulation

 

7.   Complying Council’s Law Enforcement officers directive

 

8.   Maintain the area in clean and tidy condition

 

9.   Reserve the right to cancel the approval at any time

 

10. Public authorities, residents and business owners are notified of the event

 

11. The event organizer debrief Council on the event. This includes notifying Council of all incidents or near misses that occurred during the event

 

TCP required if the event has road closure.


 

 

                  ­­­­Item 8. Cargo Road School Bus Route Safety Issues

Traffic committee recommends audit of the route be undertaken & photographic evidence be submitted to Cabonne Transport Coordinator

 

 

Item 9. Proposal to relocate the 50 speed zone Davys Plains Road Cargo

Traffic committee recommend that Council take no action on this proposal

 

 

             Item 10. Proposal to improve the safety on Lake Canobolas Road and Cargo Road intersection

That Council approve the proposal to install the Vehicle Activated Sign on the intersection

 

 

ITEM 16 - MODIFICATION APPLICATION DA 2014/114/3 - EXTRACTIVE INDUSTRY (QUARRY), LOT 775 DP 813587, 1654 THE ESCORT WAY, BORENORE

REPORT IN BRIEF

 

Reason For Report

To obtain council's approval to modify the development consent to permit site blasting of resource

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.3.a - Assess and determine planning and development applications to foster community growth within the shire

Annexures

1.  Conditions of modified approval DA 2014 114 3    

File Number

\Development Applications\DEVELOPMENT APPLICATION\2014\03-2014-0114 - 978113

 

 

Recommendation

 

THAT Modification Application 2014/114/3 for blasting as part of extractive industry operations upon Lot 775 DP 813587, 1654 The Escort Way, Borenore, be granted consent subject to the modified conditions attached.

 

 

Acting General Manager's REPORT

 

ADVISORY NOTES

Record of voting

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

 

Political Disclosures

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

 

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

 

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

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

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

 

Nil planning application disclosures have been received. 

 

Nil public submission disclosures have been received. 

 

SUMMARY

 

The following report provides an assessment of the modification application DA 2014/114/3 submitted for inclusion of blasting as part of operation of an existing extractive industry, known as Bald Hill Quarry and situated upon Lot 775 DP 813587, 1654 The Escort Way, Borenore.

 

The modification application is submitted for council’s determination.

 

Applicant:          Anthony Daintith Town Planning

Owner:               MA & SL Hammond

Proposal:           Modification of development consent to permit blasting as part of the extractive industry site operation

Location:            Lot 775 DP 813587, 1654 The Escort Way, Borenore

Zone:                  RU1 Primary Production

 

BACKGROUND

Quarry activity has been established upon the subject land for over 70 years. State government legislation introduced in the 1990s required mines and quarries to obtain development consent under the Environmental Planning & Assessment Act. A State Environmental Planning Policy was introduced in 2007 to guide planning assessment of mining, petroleum production and extractive industries.

 

A Development Application was approved by Cabonne Council on 7 March 1994 vide DA 93/183 for establishment of a commercial gravel quarry upon the subject land. Extraction of up to 15,000 cubic metres of gravel per annum was permitted under the approval. Approval permitted the extraction of gravel from the quarry pit, processing on-site of material, storage of material on site, and transport of processed aggregate off site.  The approval also incorporated requirements for site sediment/erosion control, site rehabilitation and environmental management.

 

Council’s delegated approval was granted on 17 March 2014 to DA 2014/114, to increase the quarry production from 15,000 cubic metres per annum to 30,000 cubic metres (approx. 60,000 tonnes) per annum. The increase in production did not require expansion of the quarry footprint, its processing operation, its ancillary infrastructure or its environmental management.

 

An Environmental Protection Licence (EPL) was issued in October 2014 by the NSW Environment Protection Authority (EPA) to regulate the various component activities of the approved extractive industry.

 

The council at its meeting of 28 July 2015 approved a subsequent application to modify DA 2014/114. The modification application sought to realign a section of the internal access / haul road, construct a new intersection of the proposed realigned haul road and The Escort Way, provide for maximum vehicle movement to / from the site rather than a daily average  figure of truck movements, and as a result of a neighbourhood complaint - to review the hours of operation of the quarry to reflect levels of site use by light traffic, trucks, service vehicles as well as acknowledging the use of the 96 ha parcel of land by primary production farm vehicles and domestic vehicles.

 

The development consent was further modified in January 2018 to permit a minor increase in the quarry footprint.

 

 

THE PROPOSAL

The applicant seeks council approval to undertake explosives blasting of the quarry resource. Previously extraction has been by machinery only, however altered geology of the site has been encountered and explosives blasting will be necessary to win the gravel resource. It is proposed to blast a maximum of four (4) times per year as part of the quarry activity.

 

 

Site Map

Site map

 

 

 

Aerial view 2017

 

 

 

The extractive industry (quarry) is located at the northern end of the subject property. The remainder of the holding is utilized as a grazing enterprise. The quarry operation involves the extraction of a shale rock from the hillside quarry site. Gravel is currently fractured and removed by a front end loader, while deeper, less fractured areas requires ripping by excavator or dozer. The material is further processed onsite via a crushing and screening plant to create different sized gravel depending on its proposed use.

 

On-site processing also includes crushing and blending of small quantities of demolition material (ie bricks and concrete) to decrease product plasticity. This process requires material to be transported to the site for storage and processing. The blended material accounts for 3 to 5% of the finished product.

Processed aggregate is stock piled onsite, for sale or use off-site. It is transported off-site using a standard truck and dog, carrying 16 cubic metres.

 

The quarry foot print and associated sediment ponds, bund walls and perimeter landscaping vegetative utilizes approximately 1 square km of the 96ha holding. Ancillary infrastructure to the predominant quarry use includes the internal haul road.

 

MATTERS FOR CONSIDERATION

In accordance with Section 4.55(1A) of the Environmental Planning and Assessment Act 1979 the proposed modification is of minimal environmental impact and is substantially the same development for which consent was granted. Pursuant to s4.55(1A) of the Act, the likely impact of the modified development has been considered in the report following. The application has been notified to neighbours and state agencies in the same manner as the initial application was notified.

 

 

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

 

Clause 1.2  Aims of the Plan

The broad aims of the LEP are as follows:

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

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

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

 

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

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

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

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

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

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

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

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

 

Clause 1.9A Suspension of covenants, agreements and instruments

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

 

·    Covenants imposed or required by council

·    Prescribed instruments under s183A of Crown Lands Act 1989

·    Any conservation agreement under National Parks and Wildlife Act 1974

·    Any trust agreement under the Nature Conservation Trust Act 2003

·    Any property vegetation plan under the Native Vegetation Act 2003

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

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

         

     

      Mapping

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

     

Land zoning map

Land zoned RU1 Primary Production

Lot size map

Minimum lot size 100 HA

Heritage map

Not a heritage item or conservation area

Terrestrial Biodiversity Map

Has biodiversity sensitivity on the subject land

-     Vegetation on over cleared landscapes (Red Stringybark, Yellow box woodland & Blakeley’s Red Gum)

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.  An extractive industry (gravel quarry) is permissible within this zone, subject to Council’s development consent. Use of explosives for blasting ancillary to the quarry activity is permissible.

 

Objectives of the RU1 Primary Production zone

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

 

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

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

·    To minimise the fragmentation and alienation of resource lands.

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

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

 

The remainder of the 96ha holding continues to operate for agricultural production. The modification of the development consent will have no adverse impact upon the continued agricultural use of the property or adjacent land.

 

 

Part 6 – Additional local provisions

Clause 6.3 Terrestrial biodiversity

The objective of this clause is to maintain terrestrial biodiversity by:

 

a.   Protecting native fauna and flora, and

b.   Protecting the ecological processes necessary for their continued existence, and

c.   Encouraging the conservation and recovery of native fauna and flora and their habitats.

 

Lot 775 is identified as having terrestrial biodiversity, vegetation on over cleared landscapes (Red Stringybark, Blakely’s Red Gum, Yellowbox Woodland).

 

This terrestrial biodiversity is a small section of remnant vegetation on the southern end of the site, near to the road reserve. The quarry is approximately 1km from any existing native vegetation.

 

 

REGIONAL ENVIRONMENTAL PLANS

 

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

 

 

STATE ENVIRONMENTAL PLANNING POLICIES

 

Rural Lands SEPP applies to the subject land. The modified proposal is not inconsistent with the provisions of the SEPP.

 

SEPP (Mining, Petroleum Production and Extractive Industries) 2007 applies to the development. The modification proposal is not inconsistent with the SEPP.

 

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

 

 

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

 

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

 

 

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

 

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

 

The modified proposal complies with the relevant standards in the DCP.

 

 

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

 

Pursuant to Clause 35 & 36 of Schedule 3 of the Environmental Planning and Assessment Regulation 2000, it is considered the modified proposal is not designated development and Council is satisfied ‘the alterations or additions do not significantly increase the environmental impacts of the total development (that is the development together with the additions or alterations) compared with the existing or approved development’.

 

The modified activities is ancillary to the quarry operation and does not increase the scale of the quarry extraction or production. The quarry retains operational approval to extract gravel and process 30,000 cubic tonnes of aggregate per year.

The proposal does not contravene the relevant provisions of the Environmental Planning and Assessment Regulation 2000.

Environmental Protection Licence

Under Schedule 1 of the Protection of the Environmental Operations Act 1997, the quarry is a scheduled activity and operates under an Environmental Protection Licence from the EPA .

 

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

 

Context & Setting

The existing quarry has operated as a commercial quarry with development consent for 20 years. The proposed modification application does not alter the approved use of the land for a quarry.

 

Surrounding land is primarily used for agriculture. There are four dwellings within 1km radius of the quarry, one of which is located upon the subject land.

 

Environmental management measures can be implemented to minimse any perceived adverse impact as a result of the modified consent. 

 

Visual amenity

Development consent requires an earth bund wall along the southern boundary of the quarry and along part of the eastern boundary to screen the working quarry face from adjacent rural land.  Landscaping and site remediation are currently components of the existing conditions of consent. 

 

Noise & Vibration

The proponent has submitted a ‘Ground Vibration and Overpressure Predictions’ report prepared by Wilkinson Murray to establish the impact of blasting associated with the quarry operation.  The assessment report took into consideration the presence of four nearby residential premises (the closest being a resident located upon the subject property), and determined that the EPA’s blast amenity criterion can be achieved at all residential properties. To limit any adverse impact the report recommends that a blast management plan be developed to address community notification of the blast schedule, blast monitoring at the closest receiver, trial blasts to ensure limits can be achieved, and contingency for adverse weather conditions.

 

Access & Traffic

The proposed modification will not alter existing internal haul road access, or its intersection with The Escort Way.

 

The modified proposal was referred to the RMS for terms of concurrence. The RMS have no additional requirements of the development.

 

Hours of operation

The modification to operation of the quarry will not require adjustment to the approved hours of operation of the quarry.

 

 

THE SUITABILITY OF THE SITE s4.15(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 development.

 

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

 

The proposed modified development was neighbourhood notified.  Three submissions were received by the close of the exhibition phase.

 

A summary of submissions received during notification of the proposed development modification is provided below:

 

Submission

Comment

Submission 1

Advising of no objection to the proposal

Noted.

Submission 2 - NSW National Parks & Wildlife Service manages the Borenore Karst Conservation Reserve located 1.2km south west of the quarry. NP & WS does not oppose the proposal and acknowledges the resource the quarry provides. The service is concerned about the potential for negative effects of blast vibrations on the underground cave formations, and request notification prior to blasting and a blasting regime be designed and implemented which does not impact upon the Borenore caves.

A blast management plan is to be developed. A condition of consent requires the blast management plan to be developed and implemented, and that it include consultation with the NP & WS to address the Borenore Caves.

The proponent, when advised of the NP & WS concerns, has indicated that the quarry operator (or its representative) would commit to carry out cave inspections with a representative from NP&WS, 4 hours prior to blasting, during the blast, and within 24 hours after the blasting has occurred.

 

Submission 3

DPI Crown Lands and Water Division have no objection to the proposal.

 

Noted.

 

 

NOTIFICATION TO PUBLIC AUTHORITIES

 

The modified application, as integrated development, and was referred to the RMS and EPA for comment and terms of approval.  Neither agency have any additional requirements of the development.

 

The NSW Office of Environment and Heritage were also notified of the modification application, and have advised that it does not have any requirements of the application.

 

 

PUBLIC INTEREST s4.15(1)(e)

 

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

 

 

CONCLUSION

The proposed modification application is permissible with the consent of Council. The development complies with the relevant aims, objectives and provisions of the LEP.  A section 4.15 assessment of the modified development indicates that the modified 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 development proceeds in an acceptable manner.

 

 

ITEM 17 - DEVELOPMENT APPLICATION 2018/115 - EXTERNAL REPAINTING OF 46 BANK STREET, MOLONG

REPORT IN BRIEF

 

Reason For Report

To obtain council's development consent to DA 2018/115

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.3.a - Assess and determine planning and development applications to foster community growth within the shire

Annexures

Nil   

File Number

\Development Applications\DEVELOPMENT APPLICATION\2018\03-2018-0115 - 978162

 

 

Recommendation

 

THAT Development Application 2018/115 for external painting of 46 Bank Street, Molong, be granted consent, subject to the proponent submitting a revised schedule of works for the approval of council’s Heritage Advisor.

 

 

Acting General Manager's REPORT

 

ADVISORY NOTES

Record of voting

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

 

Political Disclosures

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

 

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

 

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

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

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

 

Nil planning application disclosures have been received. 

 

Nil public submission disclosures have been received. 

 

 

SUMMARY

 

The following report provides an assessment of the development application submitted for repainting of the front façade of 46 Bank Street, Molong.

 

The application has been referred to the Council for determination as submissions have been received.

 

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

 

Applicant: Kerry Ferguson

Owner:      Aquamarine P/L

Proposal:  Repaint the façade of 46 Bank Street, Molong

Location:   Lot 6 DP 1001107, 46 Bank Street, Molong

Zone:         B2 Local Centre        

 

THE PROPOSAL

It is proposed to paint the ground floor façade of the double storey, former bank building, located at 46 Bank Street, Molong. The colourscheme nominated is British Paint Riverland Blue, Costa Rica Blue, and white. Unauthorized work was carried out earlier this year with partial painting of unprepared surfaces of the building.

 

 

Site Map

 

8567480

 

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

 

MATTERS FOR CONSIDERATION

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

 

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

Cabonne Local Environmental Plan 2012

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  B2 Local Centre

Lot size map

Not applicable

Heritage map

Heritage item and within Bank Street conservation area

Terrestrial Biodiversity Map

No biodiversity sensitivity on the subject land

Flood planning map

Within a flood zone

Natural resource – karst map

Within a karst area

Drinking water catchment map

Not within a drinking water catchment area

Riparian land and watercourse map, groundwater vulnerability map

Affected by groundwater vulnerability

Land reservation acquisition map

Not applicable

 

      These matters are addressed in the report following.

 

Cabonne Local Environmental Plan 2012

The subject land is zoned B2 Local Centre by the Cabonne Local Environmental Plan 2012. Maintenance of a heritage item (exterior repainting) is permissible within this zone, subject to Council’s development consent.

 

Objectives of the B2 Local Centre zone

The proposal is not contrary to the aims of the LEP or the objectives of the B2 zone.  The development relates to and is consistent with the zone objectives which seek to

 

• To provide a range of retail, business, entertainment and community uses that serve the needs of people who live in, work in, and visit the local area.

• To encourage employment opportunities in accessible locations.

• To maximize public transport patronage and encourage walking and cycling.

• To encourage mixed-use development that will promote community activity and safety without compromising business development opportunities.

 

Part 4 – Principal development Standards

No principal development standards are applicable to the proposed development.

 

Part 5 – Miscellaneous provisions

Clause 5.10 Heritage conservation

The subject site is within a Heritage Conservation Area and is also an item of local heritage significance. The Heritage Advisor report for 46 Bank Street was provided to council at its March 2018 meeting, and a follow up report provided by staff to the council at the April 2018 meeting. While staff and council’s Heritage Advisor have sought to discuss the development proposal with the proponent and to achieve a positive outcome for the land owner and the local community, the proponent has not been prepared to progress the initial discussions.

 

To facilitate a way forward it is suggested that development consent be granted for the external repainting of the ground floor façade of the property, subject to the proponent providing to council, for the Heritage Advisor’s approval, a revised colour scheme appropriate to the local streetscape and a schedule of works to rectify the unauthorized works (ie appropriate surface preparation, removal of paint, repair of timberwork etc) 

 

Part 6 – Additional local provisions

Clause 6.1 Flood planning

The subject site is identified as being flood prone. The proposed development does not seek to undertake construction works to the existing building and therefore will have no impact on the known flooding extent and flooding impact. The development is compatible with the known flooding risk of the site.

 

Clause 6.2 Stormwater management

The proposed development will not alter the existing stormwater management in place.

 

Clause 6.4 Groundwater vulnerability

The subject site is identified as being groundwater vulnerable. No construction works are proposed, therefore the proposed development will have no adverse impact on the sources or quality of groundwater.

 

Clause 6.7 Land affected by karst

The subject site is identified as being within an area with a high chance of karst systems underground. The proposed development does not propose any construction works, therefore no adverse impacts are identified in regard to karst.

 

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

 

No SEPPs apply to this development.

 

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

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

 

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

 

Development Control Plan 13 Advertising Signage in Conservation Areas.

The development does not seek to alter any previously approved signage, therefore this DCP is not applicable to the proposed development.

 

Development Control Plan 10 Molong Flood Prone Land in Molong.

The development does not seek to undertake building works therefore this DCP is not applicable to the proposed development.

 

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

The proposal is not inconsistent with the regulations.

 

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

 

Satisfactory

Not Satisfactory

Not Relevant

Comment

Context & Setting

 

X

 

The development is inconsistent with the character of the surrounding heritage buildings.

Streetscape

 

X

 

The proposal will change the streetscape appearance of the building.

Traffic, access and parking

X

 

 

No changes to the existing access or parking.

Public Domain

X

 

 

No impacts identified.

Utilities

X

 

 

No changes to the existing utilities

Heritage

 

X

 

The development may impact on the heritage significance of the subject site and the surrounding conservation area.

Other land resources

 

 

X

Not applicable

Water Quality & Stormwater

 

 

X

Not applicable

Soils, soil erosion

 

 

X

Not applicable

Air and microclimate

 

 

X

Not applicable

Flora and Fauna Trees

 

 

X

Not applicable

Waste

X

 

 

Minor additional waste may result from the proposed works being undertaken.

Energy

 

 

X

Not applicable

Noise & vibration

X

 

 

No impacts identified.

Hours of operation

 

 

X

Not applicable

Natural hazards  - Flooding  - Bushfire Prone Area Map

X

 

 

The development is compatible with the known flooding risk of the site.

Technological Hazards

 

 

X

Not applicable

Safety, security and crime prevention

 

 

X

Not applicable

Social impact in locality

 

 

X

Not applicable

Economic Impact in Locality

 

 

X

Not applicable 

Site design and internal design

 

 

X

Not applicable

Overlooking - overshadowing

 

 

X

Not applicable

Landscaping

 

 

X

Not applicable

Construction

 

 

X

Not applicable

Private open space

 

 

X

Not applicable

Cumulative Impacts

X

 

 

No adverse cumulative impacts identified.

Disabled access

 

 

X

Not applicable – any subsequent DA for the commercial use of the premises would require compliance with BCA and disability legislative requirements

Signage

 

 

X

Not applicable

Setbacks, Building Envelopes

 

 

X

Not applicable

 

 

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

The subject land located at 46 Bank Street, Molong, and is a significant contributor to the streetscape. The late 19th century former bank premises is situated adjacent to the post office building and form a significant land mark within the conservation / business area. The unauthorised work, and the quality of that work, currently adversely impacts upon the character and visual amenity of the Bank Street conservation area.

 

Physical Attributes and Hazards

The subject land is affected by flooding during extreme weather events. The development is compatible with the known flooding risk.

 

DEVELOPMENT CONTRIBUTIONS

 

No contributions apply to the development.

 

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

 

The proposed development is not advertised development.

 

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

 

Submission

Comment

Submission 1

The paint job, with no prep work, as well as the colours chosen, degrade the building and the whole Heritage Precinct of Bank St. The poor condition of the building in its run down and rotting timberwork leave a lot to be desired for a heritage listed building in such a prominent position.
The colour scheme should be representative of the Italianate architecture.

Noted

Submission 2

We are disappointed with the colours that have been chosen, together they don’t work, but even more appalled at the quality of the application.

 

No preparation to the previous surface which is dusty, dirty with the old paint peeling. The wrought iron is rusted and simply painted over. There needs to be a lot of timber repair work and surface preparation before commencing such a big task of painting this historic building.

 

Lack of preparation, no undercoating etc will only see this building look even worse in 6 months time.

 

The 2 colours that have been chosen, do not blend together at all, and we totally object to only one wall (half of the front wall) being painted in such a loud colour.

 

Noted

Submission 3

The heritage colours adopted by Broken Hill Shire are bright heritage colours that stimulate commerce. The sense of walking down the main street of Broken Hill instils in one a sense of nostalgia and pride in the town. People spend more money.

The tone of Cabonne’s heritage colours are too bland and not bright enough to stimulate commerce.

Noted

Submission 4

Such a large prominent building in the middle of the town only to be half painted will look ridiculous and detract from the beauty of the building itself and the two neighbouring buildings.

Tourists stop to take photos of those iconic buildings and since the “paint job” has been undertaken the majority of comments have not been positive.

The DA only provides colour swatches and gives no details of what portions of the building are to be painted the particular colours. More detail of highlighting would be beneficial as this can make a big difference in the overall effect.

The main concern is that the painting be done properly so that in six months it will not be flaking and peeling and that the whole building be painted to a standard that reflects the grandness of the building.

 

Noted

 

 

PUBLIC INTEREST s4.15(1)(e)

 

The public interest is a broad consideration relating to many issues and is not limited to the issues discussed 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 (as discussed within this report) it is considered that approval of the application is the public interest.

 

 

CONCLUSION

The proposed development is permissible with the consent of Council. The development complies with the relevant aims, objectives and provisions of the LEP.  A section 4.15 assessment of the development indicates that the development is acceptable in this instance, subject to conditions considered appropriate to ensure that the development proceeds in an acceptable manner.

 

 

 

ITEM 18 - MODIFICATION APPLICATION 2018/0084/1  RESTAURANT AND CONCEPT APPROVAL OF CELLAR DOOR

REPORT IN BRIEF

 

Reason For Report

For Determination

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.3.a - Assess and determine planning and development applications to foster community growth within the shire

Annexures

1.  Draft modified development consent

2.  Redacted Submissions DA18 0084 1

3.  Approved plans and development consent    

File Number

\Development Applications\DEVELOPMENT APPLICATION\2018\03-2018-0084 - 973371

 

 

Recommendation

 

THAT Modification Application DA 2018/0084/1, for a Restaurant and Concept Approval For a Cellar Door (Modification to Conditions) at 194 Nancarrow Lane, Nashdale, Lot B DP 179711, be granted consent subject to the conditions attached.

 

Senior Town Planner's REPORT

 

ADVISORY NOTES

Record of voting

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

 

Political Disclosures

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

 

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

 

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

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

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

 

Nil planning application disclosures have been received. 

 

Nil public submission disclosures have been received. 

 

 

Council at its meeting on 22 May 2018 approved development application DA 2018/0084 for a Restaurant and Cellar Door Premises. The application was approved as a Concept Development Application pursuant to Clause 4.22(1) of the Environmental Planning and Assessment Act 1979 whereby the application would be undertaken 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 once the development could comply with the required definition.

 

The applicant has subsequently lodged a 4.55(1A) modification to amend and/or delete conditions of consent as per the assessment report below. The below report provides an assessment of only the proposed modifications of the approved development application.

 

SUMMARY

 

The following report provides an assessment of the modification of the development application submitted for Restaurant and Concept Approval for a Cellar Door at Lot B DP 179711, 194 Nancarrow Lane, Nashdale.  The application has been referred to the Council for determination as the land the original Development Application was determined by Council. In addition, 4 submissions were received during the modification application notification period.  

 

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

 

Applicant: Printhie Wines C/- Peter Basha Planning and Development

Owner:      Balmoral Swift Pty Ltd

Proposal:  Restaurant and Concept Approval For a Cellar Door (Modification to Conditions)

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

Zone:         RU2 Rural Landscape

 

THE APPROVED DEVELOPMENT

 

Council at its meeting on 22 May 2018 approved the Development Application for a Restaurant and Concept Approval of a Cellar Door on the subject lot.  The restaurant and Cellar Door Premises will have a combined 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 approved 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 approved building will 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 consent required all vehicle access to the site to be from Nancarrow Lane via an existing access which will be upgraded to a bitumen sealed road. No vehicles access to and/or from the site was permitted via Mount Lofty Road. On-site parking will be provided, with 30 spaces identified on the plans. Over-flow parking is identified to cater for peak periods.

 

The approved hours of operation for the restaurant are:

·    9am to 10pm Sunday-Thursday

·    9am to 11pm Friday and Saturday

 

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 application was approved 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).

 

Copies of the approved plans and existing development consent have been included as Appendix 1 and 2 respectively.

 

PROPOSED MODIFICATION

 

The applicant is seeking consent to amend the approved development consent DA18/0084 as follows:

 

·    Delete Condition 3

Condition 3 required the applicant to enter into an agreement with Council to facilitate the upgrade of the intersection of Cargo Road and Nancarrow Lane. The initial development application was referred to Roads and Maritime Services (RMS) pursuant to Clause 88 of the Environmental Planning and Assessment Regulation 2000 due to the potential traffic implications for the abovementioned intersection. Cargo Road is identified as a Classified Road, and therefore is under the jurisdiction of RMS. RMS provided a number of recommendations in regard to the upgrade of the intersection to ensure the development would not have an adverse impact on traffic safety as a result of the increased traffic generated by the approved development. These recommendations were included in the Development Consent as condition 3.

 

The applicant has requested that condition 3 be deleted for the following reasons:

 

o The initial development application did not require a formal referral to Roads and Maritime Services, and therefore the upgrading of the intersection was a recommendation by RMS and not a legislative requirement.

o Council staff referred the application to RMS due to a perceived cumulative impact arising from this Development Application as well as another application. The other application was withdrawn by the applicant prior to determination, and therefore is not proceeding. Therefore, as only one of the two applications was granted development consent, the intersection does not warrant upgrading due to the modest additional traffic movements to be generated by the development (approx. 27 car movements overall during peak periods).

o It is unreasonable that the applicant be made responsible for the upgrading of the intersection when it will be only one traffic generator of many using the intersection, especially the need for 19m vehicle to pass on Nancarrow Lane as the development itself will not generate the need for vehicles that large.

o The peak traffic generating periods from this development (generally evenings) will be outside of the peak periods of other traffic generators for the intersection (generally mornings and afternoons/early evening).

o Therefore, it is unreasonable that the applicant be required to upgrade the intersection due to the modest traffic increases that will result from the approved development as well as the financial burden that the upgrades will have on the viability of the development.

 

·    Amend Condition 4

Condition 4 required all traffic associated with the development to utilise the Nancarrow Lane entrance to the subject site and not the proposed Mount Lofty Road access. The condition was imposed due to the identified safety and amenity issues associated with using the proposed Mount Lofty Road access. The safety issues included limited sight lines for the legal speed limit of the road. The safety concerns are exacerbated by the narrow nature of Mount Lofty Road. The amenity issues included noise and headlight impacts of vehicles leaving the site, particularly at night. 

 

The applicant has requested that the condition be amended to allow for one way traffic through the development, with vehicles entering the subject site via Nancarrow Lane and exit via Mount Lofty Road. The applicant has requested the amendment as:

 

o There are clear sight lines in both directions of the Mount Lofty Road exit that would allow for safe vehicle movements.

o One way traffic would facilitate efficient vehicle movement through the site and allow for narrow internal roads.

o The traffic movements can be reinforced by appropriate signage.

 

·    Delete Condition 24

Condition 24 required the internal access roads to have a bitumen seal to prevent potential dust impacts.

 

The applicant has requested that this condition be deleted as:

o The proposed gravel driveway would not cause adverse dust impacts as the development will only generate modest traffic (up to 27 vehicle movements overall per hour). Further to this the existing road alignment will not allow for high vehicle speeds, and is a significant distance to neighboring dwellings, which are substantially screened by vegetation.

o A bitumen seal is deemed inappropriate for the agricultural uses of the lot (orchard and proposed vineyard) as the seal will be easily damaged by agricultural vehicles.

o Other similar approved land uses have not been required to have bitumen sealed access ways. Further to this, a bitumen seal would detract from the rural character of the area.

o The requirement for the bitumen seal would be an unnecessary financial burden on the applicant. 

 

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.

 

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979

Section 4.55(1A) Modifications involving minimal environmental impact

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

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

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

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

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

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

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

 

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

 

Section 4.55(3) 

In determining an application for modification of a consent under this section, the consent authority must take into consideration such of the matters referred to in section 4.15 (1) as are of relevance to the development the subject of the application. The consent authority must also take into consideration the reasons given by the consent authority for the grant of the consent that is sought to be modified.

 

Comment: As per an above extract from Section 4.55 of the Environmental Planning and Assessment Act 1979 (the act), Council must be satisfied that the proposed modification is of minimal environmental impact and will remain substantially the same development as a result of the modification. Council staff concur that the proposed modification is of minimal environmental impacts and will remain substantially the same development. The developed will remain in accordance with the required regulations and Development Control Plan.

 

The proposed modification was re-notified to adjoining land owners. During the notification period four (4) submissions were received. The issues raised in the submissions are addressed below in the assessment report. Pursuant to section 4.55(3), matters referred to in section 4.15(1) of the act have been addressed below.

 

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

 

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

 

Cabonne Local Environmental Plan 2012

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 not relevant to the proposed modification and therefore are not addressed in the report.

 

Cabonne Local Environmental Plan 2012

The subject land is zoned RU2 Rural Landscape by the Cabonne Local Environmental Plan 2012.  The approved 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.

 

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 proposed modification will not alter compliance with the objectives of the RU2 zone.

 

Part 4 Principal Development Standards

No principal development standards are applicable to the proposed modification

 

Part 5 Miscellaneous Provisions

No miscellaneous provisions are applicable to the proposed modification.

 

Part 6 Additional Local Provisions

The proposed modification only proposes to alter conditions pertaining to vehicle access and impacts, therefore only those clauses relevant to the modification will be addressed

 

Clause 6.8 Essential services

Pursuant to clause 6.8(e), development consent must bit be granted to development unless the consent authority (Council) is satisfied that suitable vehicle access which is essential for the development is available or that adequate arrangements have been made to make them available when required. The initial development consent imposed condition 4 to ensure that suitable vehicle access would be available to the subject site. This included limiting vehicle access to only the Nancarrow Lane access point due to the proposed Mount Lofty Road access being deemed unsuitable for vehicle access.

 

The applicant has now proposed to amend Condition 4 to utilise the previously proposed Mount Lofty Road access. No amendments have been proposed to the Mount Lofty Road access to improve sight lines and/or vehicle safety. Therefore, Council staff are not satisfied that using this point for vehicle egress would result in suitable vehicle access and the use of this access point may result in adverse impacts as addressed under Section 4.15(1)(b) of this report. Council staff recommend that Condition 4 remain as previously approved.

 

The applicant has also proposed to delete condition 24 which required the internal access ways to have a bitumen seal. Council staff concur that an appropriately constructed gravel road would not result in adverse dust impacts due to the low vehicle speeds achievable on the proposed road alignment and estimated traffic generations (approx. 27 vehicle movements per hour at peak times), but would ensure that the Nancarrow Lane access point provides suitable vehicle access to the site.

 

Therefore, Council staff recommend that Condition 24 be deleted.

 

REGIONAL ENVIRONMENTAL PLANS

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

 

STATE ENVIRONMENTAL PLANNING POLICIES

The proposed modification will not alter compliance with any State Environmental Planning Policies.

 

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

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

 

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

 

Development Control Plan No. 5- General Rural Zones

The proposed modification does not alter compliance with the DCP objectives or controls.

 

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

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

 

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

The proposed modifications to the Development Consent are all related to traffic, access and parking and amenity therefore only those matters will be addressed under this section.

 

Traffic, access and parking

Whilst not requiring a legislative referral to RMS, the proposed modification was referred back to RMS for advice in regard to the potential impacts that the development will have on the local road network. Council received the advice on 8 November 2018 which stated that the advice remained the same as the original development application. The applicant has rightly pointed out that the requirement for allowing two vehicles of 19m in length to be able to pass within the entrance of Nancarrow Lane is beyond the scope of this development given that such a vehicle would not be used to transport goods to the subject site once operational (for example a bus is 14.5m in length). Traffic impacts arising from large construction impacts will be adequately mitigated via a Traffic Management Plan already in place in Condition 15.

 

Therefore Council staff support the removal of that point (dot point two (2)) from condition 3. However, due to the significant concerns about the implications of the development on the intersection, staff recommend that the rest of the condition should remain in place.

 

It is noted that the applicant has not approached Council to ascertain what the agreement surrounding the upgrade of the intersection might require.

 

In regard to the use of Mount Lofty Road for the egress of vehicles, Council staff have re-inspected the proposed location of the access point. 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 exit is not supported by the assessing officer due to the significant concerns over road safety. It is recommended that the condition of consent remain in place to preventing the 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. 

 

As per section 6.8 above, Council staff concur that if the internal access way was appropriately constructed with gravel (or similar product) then there would not be an adverse impact to the subject site or surrounding area in regard to dust. Therefore, Council staff support the deletion of this condition. 

 

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

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 contributions apply to the development or the proposed modification.

 

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

The proposed modification is not advertised development.

 

The proposed modification was neighbourhood notified for a period of 14 days.  Four (4) submissions were received by the close of the exhibition phase. Redacted copies of the submissions are attached. Issues raised in the submission(s) are addressed as follows:

 

·    Access to Mount Lofty Road

The use of the access to Mount Lofty Road is not safe due to limit sight lines and narrow nature of Mount Lofty Road. In addition, the headlights and noise would have an adverse impact on the amenity of neighboring properties.

Council Response: As per Section 4.15(1)(b) of this report, Council staff concur with the above concerns and will recommend that Condition 4 remain in place.

 

·    Safety of Intersection of Nancarrow Lane and Cargo Road

Various stakeholder groups lodged submissions which emphasized the significant concerns about the safety of the intersection arising from this development.

Council Response: As per Section 4.15(1)(b) of this report, Council and RMS again concur that the development will have an adverse impact on the intersection, and that an upgrade is warranted. Council staff have noted that the requirement to ensure that two (2) nineteen (19) metre vehicles to pass is beyond the scope of this development (given that the development will not require vehicles of that size to deliver goods to the site once operational).

 

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 4.55(1A) of the Environmental Planning and Assessment Act 1979 it is considered that approval of the modification of the development consent is in public interest subject to conditions of consent.  

 

CONCLUSION

The proposed modification 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 4.55(1A) assessment of the development indicates that the development is acceptable in this instance, subject to conditions of consent.

 

 

ITEM 19 - MODIFICATION OF DEVELOPMENT APPLICATION DA08/0177/1 FOR AN EIGHT (8) LOT RURAL SUBDIVISION AT Lots 218 & 219 DP 47258, LOTS 5, 6 & 7 DP 702416, LOTS 1 & 2 DP 114761, LOTS 9, 10, 11, 12, 19, 20, 24, 30, 31, 148, 189, 210, 211 & 238 DP 756869, LOT DP 181139, LOT 4 DP 114638, LOT 18 DP 10891443, LOT 1 DP 1096555 and Lots 1 & 2 DP 1096882 89 BRUCE ROAD ORANGE

REPORT IN BRIEF

 

Reason For Report

For determination

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.3.a - Assess and determine planning and development applications to foster community growth within the shire

Annexures

1.  Approved modified conditions of approval 2008 177 Aboud

2.  Approved and proposed plan  of subdivision DA2008 177

3.  Draft modified conditions of consent DA2008 177 2    

File Number

\Development Applications\DEVELOPMENT APPLICATION\2008\03-2008-0177 - 978332

 

 

Recommendation

 

THAT the Modification of Development Application 2008/177/1 be granted consent subject to the conditions attached.

 

 

Senior Town Planner's REPORT

 

ADVISORY NOTES

Record of voting

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

 

Political Disclosures

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

 

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

 

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

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

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

 

Nil planning application disclosures have been received. 

 

Nil public submission disclosures have been received.

 

 

The following report provides an assessment of the modification of development application DA08/0177/1 submitted for a modification of eight (8) lot subdivision (amendment to site plan and conditions) of Lots 218 and 219 in DP47258, Lots 5, 6 & 7 in DP 702416, Lots 1 & 2 in DP 114761, Lots 9, 10, 11, 12, 19, 20, 24, 30, 31, 148, 189, 210, 211& 238 in DP 756869, Lot 1 in DP 181139, Lot 4 in DP 114638, Lot 18 in DP 10891443, Lot 1 in DP 104.55555 and Lots 1 & 2 in DP 104.55882, known as ‘Adair’, 89 Bruce Road, Orange.

 

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

 

Applicant:           David Aboud of Pluteus (no. 81) Pty Ltd C/- Peter Basha Planning and Development

Owner:                Pluteus (no. 81) Pty Ltd

Proposal:           Modification of eight (8) lot subdivision (amendment to site plan and conditions)

Location:            Lots 218 and 219 in DP47258, Lots 5, 6 & 7 in DP 702416, Lots 1 & 2 in DP 114761, Lots 9, 10, 11, 12, 19, 20, 24, 30, 31, 148, 189, 210, 211& 238 in DP 756869, Lot 1 in DP 181139, Lot 4 in DP 114638, Lot 18 in DP 10891443, Lot 1 in DP 104.55555 and Lots 1 & 2 in DP 104.55882, known as ‘Adair’, 89 Bruce Road, Orange.

Zone:                  RU1 Primary Production

 

BACKGROUND

 

DA 2008/171 was lodged with council in March 2008 for the 8 lot subdivision of a rural holding and approved by council’s Environmental Services and Sustainability Committee at its meeting held on 3 November 2008. Development Consent was issued on 14 November 2008, and in accordance with the council policy at that time the approval was valid for a two (2) year period.

 

A Construction Certificate for provision of private access to proposed Lot 3 in the eight lot subdivision was issued on 28 September 2010, with the works carried out and inspected. The gazettal of the Environmental Planning & Assessment Amendment (Development Consents) Act 2010 extended the approval for developments consent to the maximum term of five years. The subject consent remained operative and correspondence indicates that physical works had commenced prior to the conclusion of the five (5) year development consent time frame.

 

The development is located approximately 13km to the north west of Orange. It lies west of the Mitchell Highway at the end of Bruce Road and extends westerly to Curtins Road. The majority of the land is within the former 1(a) General Rural zone (Cabonne Local Environmental Plan 1991). An area on the south west corner of the subject land is in the vicinity pf the Borenore Creek Dam, while an area in the south eastern corner of the holding is in the vicinity of the Molong Creek Dam, and these areas were zoned 7(c) Environmental protection under the former planning code.

 

The subdivision as approved sought to establish the following allotments:

 

Lot

Area (ha)

Land use

1

5

Vacant concessional lot

2

5

Vacant concessional lot

3

5

Vacant concessional lot

4

100

Rural allotment

5

100

Rural allotment

6

123.6

Rural allotment

7

100

Rural allotment

8

335.8

Rural land containing ‘Adair’ dwelling, a second cottage and the majority of the existing farm infrastructure

Total area

774.4ha

 

 

Access to proposed Lots 1 - 7 was to be provided via an extension of Curtins Road. Proposed Lot 8 was to retain its existing vehicular access off Bruce Road.

 

2017 MODIFICATION

 

The applicant sought an amendment to the development consent in 2017. Consent was granted to amend the proposed subdivision by relocating the three (3) concessional allotments from the south west area of the holding to the north east of the property. Bruce Road was approved to be extended to provide vehicular access to seven (7) of the proposed allotments (rather than Curtins Road). The road extension will require a crossing over Molong Creek immediately downstream of the Molong water supply dam.

 

Proposed Lots 1, 2, 3, 5 and 8 have direct frontage to the new road while proposed Lot 4 would gain access to the new road via a proposed Right of Carriage Way (ROW) along the eastern boundary of proposed Lot 5.  Proposed Lot 7 gains access to the new road via a ROW over part of the northern boundary of proposed Lot 5. Access to proposed Lot 6 will be provided from Curtins Road and then via a ROW over the western boundary of Proposed Lot 4. Access to proposed Lot 8 is to be via the existing access arrangements off Bruce Road.

 

The modified development was to reduce the developer’s road construction costs by limiting the extension of Curtins Road and Bruce Road and instead establishing two (2) Rights of Carriage Way burdening proposed Lots 4 and 5.

The subdivision was modified to establish the following allotments:

 

Lot

Area (ha)

Land use

1

5

Vacant concessional lot (relocated)

2

7.1

Vacant concessional lot

(relocated and enlarged)

3

5

Vacant concessional lot (relocated)

4

110

Rural allotment (incorporated land previously identified for the location of 3 concessional allotments)

5

100

Rural allotment (unaltered)

6

128.6

Rural allotment (allotment location remains unaltered however area has increased by 5ha)

7

100

Rural allotment (unaltered)

8

318.7

Rural land containing ‘Adair’ dwelling, a second cottage and the majority of the existing farm infrastructure. (Area is 17.1 ha less due to the relocation of the 3 proposed concessional allotments)

Total area

774.4ha

 

 

A copy of the approved development consent has been included in the appendices.

 

THE PROPOSED MODIFICATION

 

The applicant is now seeking consent to further modify the approved development application DA08/0177/1 to:

 

·    Alter the approved plan of subdivision as follows:

o Minor adjustments in lot sizes to reflect the actual survey of the lot.

o Minor adjustments to the shape and size of lots to accommodate access arms for lots 6, 7 and 4. This has been undertaken to remove the requirement for Rights of Way over other lots to provide legal access (as required by Condition 4).

 

·    Amend Condition 14

Condition 14 currently requires that Curtins Road is to be extended and constructed to a Rural Class 1 Level 1 Standard (7m bitumen seal). The applicant has stated that due to previous modifications to the lot layout and the current proposed modification, this part of the road will not only service one lot (Lot 6), and therefore has requested that the quality of the road be downgraded to a Rural Class 3 Level 1 Standard (4m gravel surface).

 

During the notification period, NSW Department of Industry Office of Crown Lands and Water advised that they would not permit the construction of an access roads (as proposed by the applicant) over the existing crown roads. Therefore, to allow for the construction of the access ways as proposed, the applicant has agreed to acquire the existing unformed Crown Roads within the subdivision site. This would ensure that legal access would be available to each lot and not require the construction of roads over the crown roads (to which Crown Lands would not consent).

 

The acquisition of the crown roads has resulted in minor proposed changes to the proposed modified plan of subdivision to accommodate the crown roads. The proposed lot sizes are:

 

Lot

Lot Size

 

1

5Ha

Vacant concessional lot

2

7.829Ha

Vacant concessional lot

3

5Ha

Vacant concessional lot

4

102.6Ha

Rural allotment (incorporated an accessway that was previously a right of way)

5

101.03Ha

Rural allotment (incorporated a closed crown road)

6

134.97Ha

Rural allotment (incorporated an accessway that was previously a right of way and a closed crown road)

7

101.34Ha

Rural allotment (incorporated an accessway that was previously a right of way and a closed crown road)

8

326.87Ha

Rural land containing ‘Adair’ dwelling, (incorporated a closed crown road)

 

The approved plan of subdivision as well as the proposed modification to the subdivision have been included as appendices.

 

Site Map

8226198

 

INTEGRATED DEVELOPMENT:

 

Fisheries Management Act 1994

No

Heritage Act 1977

No

Mine Subsidence Compensation Act 14.551

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

 

MATTERS FOR CONSIDERATION

In accordance with Section 4.55(2) of the Environmental Planning and Assessment Act 1979 the proposed modification is substantially the same development for which consent was granted.

 

(2) Other modifications

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

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

b)   it has consulted with the relevant Minister, public authority or approval body (within the meaning of Division 4.8) in respect of a condition imposed as a requirement of a concurrence to the consent or in accordance with the general terms of an approval proposed to be granted by the approval body and that Minister, authority or body has not, within 21 days after being consulted, objected to the modification of that consent, and

c)   it has notified the application in accordance with:

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

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

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

 

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

 

Cabonne Local Environmental Plan 1991 (Amended)

 

The subject land is zoned part 1(a) General Rural and part 7(c) Environmental Protection – Water Catchments under the provisions of the Cabonne Local Environmental Plan 1991 (being the planning instrument in force at the date upon which the original development application was lodged). Subdivision of land was permissible with consent of council under the provisions of Clause 9 of the Cabonne Local Environmental Plan 1991. The modification application is assessed under the provisions operative at the time of the initial application.

 

Objectives of the 1(a) General Rural Zone

 

The zone objective seeks to “promote the proper management and utilization of resources”. The proposed modification is not inconsistent with the aims of the LEP or the objectives of the 1(a) zone.

 

Objectives of the 7(c) Environmental Protection – Water Catchments zone

 

The objective of the zone is, in part, to “protect and conserve the catchments of the Molong and Borenore Dams so that water quality is maintained and enhanced in order that the water is fit for human consumption”. In addition, the objectives aim to protect agricultural land within the zone by “preventing the unjustified development of prime crop and pasture land for purposes other than agriculture”.

 

The proposed modification will still remain consistent with the objectives of the 7(c) zone.

 

Clause 10- General considerations for development within rural zones

 

10 (1) The Council shall not consent to an application to carry out development on land within Zone 1(a), 1(c), or 7(c) unless it has made an assessment, where relevant, of the effect of the carrying out of that development on;

a)   The present and potential use of the land for the purposes of agriculture.

The modified application does not alter the potential use of the lots. The lots will remain substantially the same.

Vegetation, timber production, land capability (including soil resources and soil stability), water resources (including quality and stability of water courses and ground water storage and riparian rights.

The modified development would have minimal impact on vegetation, timber production and land capabilities. The proposed boundary adjustments to the approved lots was to negate the need for vegetation removal.

b)   The future recovery of known prospective areas of valuable deposits of minerals, coal, petroleum, sand, gravel other extractive materials.

 

The proposed modification does not alter any known deposits on the lot. The modification will not impact upon existing exploration licences.

c)   The protection of areas of significance for nature conservation or of high scenic or recreational value and places and buildings of archaeological or heritage significance, including Aboriginal relics and places.

 

The proposed modification will not impact upon any areas of significance.

d)   Cost of providing, extending and maintaining public amenities and services to the development.

The proposed modification will not impact upon the provision of services or amenities.

e)   Future expansion of settlements in the vicinity.

The area has not been identified for future rural residential development.

 

Clause 11 Subdivision of land

Clause 11 (1) A person shall not subdivide land to which this plan applies except with the consent of Council.

The developer has applied to council for approval to modify the development.

Clause 11(2)      The Council shall not consent to an application to subdivide land within Zone 1(a), 1(c) or 7(c) unless it has obtained all relevant information in relation to and made an assessment of:

a)   the primary purpose for which each allotment to be created by the subdivision is intended to be used;

The proposed modification does not alter the potential use of each allotment.

b)   whether any allotment to be created by the subdivision is intended to be used primarily for the purpose of agriculture;

The proposed modification does not alter the potential use of each allotment.

c)         whether a dwelling house is intended to be erected on any allotment to be created by the subdivision and the approximate location of any such dwelling house; and

 

The proposed modification does not increase the number of dwellings permissible on the lot.

d)         whether any proposed allotment contains an existing dwelling house and the location of any such dwelling house.

One (1) allotment has an existing dwelling house, cottage and associated farm buildings.

 

STATE ENVIRONMENTAL PLANNING POLICIES

 

The proposed modification does not alter compliance with the State Environmental Planning Policies.

 

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 s4.15(a)(iii)

 

Development Plan No 5 – General Rural Zones applies to the site. The modification does not alter compliance with this modification.

 

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

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

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

 

Lot Size and Shape

The proposed modification seeks to minimally alter the approved boundaries for each lot. The modification seeks to provide legal access to each lot without the need for Rights of Way. Further to this the lots will encompass exiting unformed crown roads to necessitate the construction of the access ways to each lot. The revised lot boundaries will not have an adverse impact on the subject site or surrounding area.

 

Access

Access to the lots remains substantially the same as the previous approval with the majority of the lots gaining access from Bruce Road. The previous Rights of Way that provided legal access to a number of lots are now proposed to be access arms which will create a number of battle axe lots. In addition, the lots will incorporate the existing crown roads. The acquisition of the crown roads and the changes to the access will not have an adverse impact on the subject site or the surrounding area.

 

The applicant has also requested that the road construction standard for Curtins Road be reduced from a 7m seal (class 1 level 1) to a 4m gravel road (Class 3 level 1). It is noted that the existing Curtins Road formation is a 4m seal, therefore the requirement for a 7m sealed formation is unwarranted given the road will provide access to a single additional allotment. However, as the entire formation of Curtins Road is sealed, any additional traffic past this this point may generate dust that has previously not been experienced by neighboring properties.

 

Therefore, to ensure there are no adverse impacts to adjoining properties, Condition 14 will be amended to require Curtins Road to be constructed with a 4m seal from the end of the existing formation for a distance of 225m. The applicant and submitter (as per below) have agreed to the proposed sealing of the road.

 

Flora and Fauna

The proposed modification will have no impact on flora or fauna, the applicant has designed the lot boundaries to avoid tree removal through the construction of the access ways. 

 

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

 

The subject site, 89 Bruce Road, is rural zoned land being developed for rural purposes generally in accordance with Councils controls and requirements. Therefore the subject site is deemed suitable for the proposed development.

 

Physical Attributes and Hazards

The north-west section of the holding is identified as Bushfire Prone Land. A bushfire assessment was undertaken as part of the initial development proposal. The modified proposal does not require additional assessment due to the minor alteration to the lot boundaries.

 

DEVELOPMENT CONTRIBUTIONS

 

No changes to the previous development contributions as a result of this development application.

 

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

 

The modified development is not advertised development.

 

The modified development was neighbourhood notified.  Zero (0) submissions were received by the close of the exhibition phase.  One (1) submission was received well outside the exhibition phase, however as the application was still under assessment, the submission was addressed. Issues raised in the submission(s) are addressed as follows:

 

·    Dust Impacts arising from the Curtins Road Extension

The downgrading of the standard required for the extension of Curtins Road will have an adverse impact on the amenity of the adjoining property owner. The previous consent required the extension of Curtins Road to be a bitumen seal (being a Rural Class 1 Level 1 Standard), with the proposal now for a 4m wide gravel standard (Class 3 Level 1). The reduction would create adverse dust impacts.

 

Council Response: Under Council’s Engineering standards, a Class 1 Level 1 standard road is the highest standard rural road and is designed to accommodate up to 50 dwelling lots with a 7m bitumen seal. A Class 3 Level 1 Standard Road is the lowest standard rural road and is designed to accommodate up to 2 lots with a 4m gravel road. It is noted that the existing Curtins Road formation is only 4m in width.

 

To ensure there are no adverse impacts arising from this development, Condition 14 will be amended to require the applicant to construct Curtins Road to a Bitumen Seal with a 4m carriageway until the southern boundary of Lot 294 DP 756869 (approx. 225m) as oppose to a 7m seal.

 

It is noted that as part of the previous modification DA08/0177/1, Council’s Development Engineer recommended that the required road standard be reduced to a Class 2 Level 2 Standard, however this recommendation was not adopted by the assessing officer.

 

NOTE: The applicant and the submitter have since agreed to the sealing of Curtins Road as identified above.

 

 

PUBLIC INTEREST s4.151)(e)

 

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

 

CONCLUSION

 

The proposed modified development is permissible with the consent of Council. The modified development complies with the relevant aims, objectives and provisions of the LEP.  A section 4.55(2) assessment of the 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 development proceeds in an acceptable manner.

 

 

ITEM 20 - 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 - 974285

 

 

Recommendation

 

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

 

Acting 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 21 - 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 - 974287

 

 

Recommendation

 

THAT:

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

2.   The balance of the items be noted.

 

Acting 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 22 - 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 - 974288

 

 

Recommendation

 

THAT Councillors call any matters of urgency.

 

Acting 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 23 - 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 - 974289

 

 

Recommendation

 

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

 

Acting 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 18 December 2018

Item 7 - Annexure 1

 

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Item 8 Ordinary Meeting 18 December 2018

Item 8 - Annexure 1

 

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Item 15 Ordinary Meeting 18 December 2018

Item 15 - Annexure 1

 

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Item 16 Ordinary Meeting 18 December 2018

Item 16 - Annexure 1

 

 

 

 

CONDITIONS OF APPROVAL

 

1.     DEVELOPMENT IN ACCORDANCE WITH PLANS

 

Objective

 

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

 

Performance

 

Development is to take place in accordance with the attached modified stamped plans (Ref: DA 2014/114, Figure 1 Existing Boundaries & Site Detail and Figure 2 Extent of Operations 27th November 2013, ref 2014-032DA as amended by plans dated 19.05.15  Ref ADTP 2014-032DA marked Overall site Plan  (2 sheets), Erosion & Sediment Control & Re-vegetation Plan (2 sheets), plans dated 04.07.15 ref ADTP 2014-032 DA marked Proposed erosion & sediment control (2 sheets), and Carpenter Collins & Craig  ref  32203 dwg no 32203ENG intersection engineering details Rev B  - 6 sheets, and plans dated 7.11.2017 Ref ADTP and marked Fig 2 proposed site plan and fig 3 quarry rehabilitation) and documentation submitted with the application (including modification applications DA 2014/114/1, DA 2014/114/2 and DA 2014/114/3) and subject to the conditions below, to ensure the development is consistent with Council’s consent.  NOTE:  Any alterations to the approved development application plans must be clearly identified WITH THE APPLICATION FOR A CONSTRUCTION CERTIFICATE. 

 

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

 

2.     RMS CONDITIONS

 

Objective

 

To ensure compliance with RMS conditions.

 

Performance

 

·    The access from The Escort Way servicing the quarry shall be constructed and designed in accordance with Austroads Guide to Road Design Part 4A (2010) Figures 7.5 and 8.2 'Type BAR' (Basic Right Turn) and 'Type BAL' (Basic Left Turn) and any relevant Roads and Maritime Supplements. This provides a reasonable level of safety for traffic turning right into the development and allows through traffic on The Escort Way an area to pass the right turning vehicle on the left hand side. The access is to be sealed for a minimum of 20 metres from the edge of the travel lane, match existing road levels and not interfere with existing road drainage.

·    Safe Intersection Sight Distance (SISD) requirements outlined in the Austroads Guide to Road Design Part 4A and relevant Roads and Maritime Supplements shall be provided in both directions at the vehicular access point servicing the quarry from The Escort Way. For a 100 km/h speed zone the minimum SISD is 250 metres.

 

·    A copy of construction plans for the proposed roadworks associated with the access is to be submitted to Roads and Maritime for approval. As roadwork is required on a state road, the developer will be required to enter into a Works Authorisation Deed (WAD) with Roads and Maritime Services Roads and Maritime will exercise its powers under Section 87 of the Roads Act 1993 (the Act) and/or the functions of the roads authority, to undertake roadwork in accordance with Sections 64 and 71 and/or Sections 72 and/or 73 of the Act, as applicable, for all works under the WAD.

 

·    Advance truck warning signs (W5-22) and distance plates (W8-5) signage is to be provided at appropriate locations to give approaching motorists suitable warning of the slowing, stopping and turning manoeuvres associated with vehicles entering and leaving the development.

 

·    Road Occupancy Licence is required prior to any works commencing within 3 metres of the travel lanes. Submission of a Traffic Management Plan incorporating a Traffic Control Plan may be required as part of this licence.

 

·    The proponent is to prepare a code of conduct relating to transport of materials on public roads

 

2. (a) REMOVAL OF VEGETATION

 

Objective

 

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

 

Performance

 

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

 

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

 


 

3.      EPA CONDITIONS

 

Objective

 

To ensure compliance with the EPA conditions.

 

Performance

 

Except as expressly provided by these General Terms of Approval, works and activities must be carried out in accordance with the proposal contained in:

·    The Development Application 2014/114 submitted to Cabonne Shire Council on 15 January 2014; and

·    The accompanying Statement of Environmental Effects prepared by Anthony Daintith Town Planning and dated 13 January 2014.

 

The proponent must apply for and hold an in-force environment protection licence issued by the NSW Environment Protection Authority prior to the proponent carrying out any Scheduled Activity as defined by Schedule 1 of the Protection of the Environment Operations Act 1997.


The proponent must comply with any additional requirements imposed by an in-force environment protection licence issued by the NSW Environment Protection Authority.

 

Noise and vibration

 

Operating hours

 

Operational activities at the premises must only be conducted during the following operating hours:

a) 7 am to 6 pm Monday to Friday;

b) 8 am to 4 pm Saturdays; and

c) at no time on Sundays or public holidays.

 

*light vehicles are permitted to access the quarry site between the hours of 6.00am and 6.00pm Monday to Friday

 

Air quality and odour

 

Activities occurring at the premises must be carried out in a manner that will minimise the emission of dust from the premises.


The premises must be maintained in a condition which minimises or prevents the emission of dust from the premises.


Trucks entering and leaving the premises that are carrying loads must be covered at all times, except during loading and unloading.

 

Water management

 

Except as may be expressly provided by any in-force environment protection licence, the proponent must comply with Section 120 of the Protection of the Environment Operations Act 1997.

 

The proponent must develop and implement and Erosion and Sediment Control Plan for the premises within 3 months of the granting of development consent consistent with the EPA endorsed publication "Managing Urban Stormwater - Soils and Construction, 4th Edition" (Landcom, 2004) (or any revision) and the EPA produced addendum publication "Volume 2E: Mines and Quarries" (DECC, 2008) (or any revision).

 

Waste

 

The proponent must not cause, permit or allow any waste to be received at the premises, except the wastes expressly referred to in the column titled "Waste" and meeting the definition, if any, in the column titled "Description" in the table below.

 

Any waste received at the premises must only be used for the activities referred to in relation to that waste in the column titled "Activity" in the table below.

 

Code

Waste

Description

Activity

Other Limits

NA

General or specifically exempted waste

Waste that meets all the requirements of a resource recovery exemption under Clause 51A of the Protection of the Environment Operations (Waste) Regulation 2005

A specified in each resource recovery exemption

NA

 

Activities must be carried out in a competent manner

 

Activities must be carried out in a competent manner.

This includes:

a) the processing, handling, movement and storage of materials and substances used to carry out the activity; and

b) the treatment, storage, processing, reprocessing, transport and disposal of waste generated by the activity.

 

Maintenance of plant and equipment

 

All plant and equipment installed at the premises or used in connection with the activity:

a) must be maintained in a proper and efficient condition; and

b) must be operated in a proper and efficient manner.

 

4.      SCALE (GENERAL)

 

Objective

 

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

 

Performance

 

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

 

5.      LANDSCAPE MANAGEMENT PLAN

 

Objective

 

To reduce landuse conflict and to lessen the visual impact of the development.

 

Performance

 

The proponent shall prepare and implement a detailed Landscape Management Plan to the satisfaction of Council.

 

Landscaping is to be undertaken in a manner designed to reduce landuse conflict and lessen the visual impact of the development from neighboring properties and The Escort Way.  Landscaped areas shall be heavily landscaped with native trees and shrubs.

 

This plan is to be submitted to Council for the approval of the Director of Environmental Services within 6 months of the date of this consent; and must include the following:-

 

a.   Rehabilitation Plan, and

b.   Quarry Closure Plan.

 

5. (a) BUFFER /LANDSCAPE PLAN

 

Objective

 

To reduce landuse conflict and to lessen the visual impact of the development.

 

Performance

 

Landscaping is to be undertaken below the proposed southern and eastern bund walls (Modification of DA 2014/114/2) in a manner designed to lessen the visual impact of the development from neighboring properties and The Escort Way.  Landscaped areas shall be heavily landscaped with native trees and shrubs.

6.      REHABILITATION PLAN

 

Objective

 

The Proponent shall prepare and implement a Rehabilitation Plan for the project.

 

Performance

 

This plan shall include:

 

1.   The plan objectives including a description of the short, medium, and long term measures that would be implemented to rehabilitate the site.

2.   Performance and completion criteria for the rehabilitation of the site.

3.   A detailed description of the measures that would be implemented over the next 3 years including the procedures for:-

a)         progressively rehabilitating disturbed areas;

b)         protecting areas outside the disturbance areas;

c)         managing impacts on fauna;

d)         landscaping the site to minimise visual impacts;

e)         conserving and reusing topsoil;

f)          collecting and propagating seed for rehabilitation works;

g)         salvaging and reusing material from the site for habitat enhancement;

h)        controlling weeds and feral pests;

i)          controlling access; and

j)          bushfire management;

4.   A program to monitor the effectiveness of these measures, and progress against the performance and completion criteria

5.   A description of the potential risks to successful rehabilitation and/or revegetation, and a description of the contingency measures that would be implemented to mitigate these risks; and

a)   details of who would be responsible for monitoring, reviewing, and implementing the plan.

 

7.      EROSION AND SEDIMENTATION CONTROL PLANS

 

Objective

 

To prevent soil erosion and watercourse contamination during construction of the access point onto The Escort Way and during Quarry operation.

 

Performance

 

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

 

The plan is to note any proposed vegetation retention and planting and is to be submitted and approved by Council prior to any construction works commencing.

Specific construction zone erosion and sedimentation control plans are to be prepared to a standard acceptable to the Principal Certifying Authority and are required to be approved prior to the issue of Construction Certificates for each and any stage of the development.

 

8.      PUBLIC LIABILITY INSURANCE

 

Objective

 

To ensure that Council, Roads and Maritime Services and the applicant are all protected against any liability claim.

 

Performance

 

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

 

9.      WORKS UNDERTAKEN WITHIN STATE ROAD RESERVES

 

Objective

 

To ensure that all construction work carried out within State road reserves are at no cost to the Roads and Maritime Services.

 

Performance

 

A formal agreement in the form of a Works Authorization Deed (WAD) is required between the Developer and the RMS as the developer will be required to undertake ‘private financing and construction’ of works on a road in which the RMS has a statutory interest.  This is relevant to the ‘BAR’ and ‘BAL’ component of the works.

 

The applicant should contact Roads and Maritime Services, P O Box 334, Parkes NSW 2870 to obtain the necessary Deed.

 

10.    WORKS UNDERTAKEN WITHIN STATE ROAD RESERVES

 

Objective

 

To ensure that all construction work carried out within State road reserves are at no cost to the Roads and Maritime Services and Authorised.

 

Performance

 

A formal agreement in the form of a Road Occupancy Licence is required between the Developer and the RMS as the developer will be required to undertake ‘private financing and construction’ of works on a road in which the RMS has a statutory interest

 

The applicant should contact Roads and Maritime Services, P O Box 334, Parkes NSW 2870 to obtain the necessary Licence.

 

Submission of a Traffic Control Plan is required as part of this licence.

 

Evidence of a Road Occupancy Licence is to be provided to Council prior to the issuing of a Construction Certificate for the works.

 

11.    APPLICATION OF BITUMEN SEAL TO INTERNAL ACCESS ROAD

 

Objective

 

To ensure a suitable all weather, non-dust generating internal access road is provided.

 

Performance

 

The applicant is required to provide a bitumen seal to the internal access road from access point from The Escort Way to the entrance into the gravel quarry site. With a minimum width of 3.5 metres which shall be maintained at all times.

 

12.    ENTRANCE / EXIT POINTS

 

Objective

 

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

 

Performance

 

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

 

13.    LOADING / UNLOADING

 

Objective

 

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

 


 

Performance

 

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

 

14.    DUST SUPPRESSION

 

Objective

 

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

 

Performance

 

The applicant will ensure to water down any nuisance dust that may arise from the development caused by machinery and traffic movements.

 

15.    VEHICLE MANAGEMENT PLAN

 

Objective

 

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

 

Performance

 

The vehicle management plan is to detail all vehicle movements within the site including loading areas, truck parking/waiting areas, re-fueling zones and travel routes that are used during operation of the gravel quarry.

 

The VMP shall be prepared by the applicant and then submitted for approval by Council. All persons involved in the quarry operations shall be issued with a copy of the VMP.

 

16.    ADEQUATE ONSITE TRUCK PARKING

 

Objective

 

To provide an adequate onsite truck parking area.

 

Performance

 

At all times of operation of the gravel pit there must be adequate trucking parking available within the proposed site. With no trucks associated with the development queuing within the road reserve of The Escort Way.

 


 

17.    PROVISION OF PRIVATE ACCESS

 

Objective

 

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

 

Performance

 

Access must be provided to Lot 775 DP 813587 in accordance with Roads and Maritime Services requirements (Condition 14).

 

Prior to any Access Construction Certificate being issued, the applicant will be required to furnish Council a copy of all approvals from the RMS including approved access construction plans, Works Authorisation Deed and Road Occupancy Licence.

 

An Access Construction Certificate must be obtained prior to commencement of construction of any access to the property from The Escort Way.

 

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

 

A Compliance Certificate for the access must be submitted to Council before any Final Occupation Certificate can be issued.

 

18.    COMPLIANCE WITH CONDITIONS OF CONSENT

 

Objective

 

To ensure all conditions of consent are complied with and development proceeds in the manner assessed by Council.

 

Performance

 

The use or occupation of the approved development shall not commence until such time as all conditions of this development consent have been complied with.  The use or occupation of the development prior to compliance with all conditions of development consent may make the applicant / developer liable to legal proceedings.

 

19.    BLAST MANAGEMENT PLAN (Mod DA 2014/114/3)

 

Objective

To limit any risk of blasting impact

 

Performance

A Blast Management Plan be developed and implemented, and a copy provided to council, to establish protocol and procedures for community notification of blasting operations, blast monitoring at the closest receiver, trial blasts to ensure limits can be achieved, contingency for adverse weather conditions identified (ie rescheduling of blasting operations), and  liaison with NSW National Parks and Wildlife Services Central West Area Ranger to monitor impact of vibration (if any) upon the formations associated with the Borenore Karst Conservation reserve.


 


Item 18 Ordinary Meeting 18 December 2018

Item 18 - Annexure 1

 

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Item 18 Ordinary Meeting 18 December 2018

Item 18 - Annexure 2

 

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Item 18 Ordinary Meeting 18 December 2018

Item 18 - Annexure 3

 

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Item 18 - Annexure 3

 

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Item 19 Ordinary Meeting 18 December 2018

Item 19 - Annexure 1

 

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Item 19 Ordinary Meeting 18 December 2018

Item 19 - Annexure 2

 

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Item 19 - Annexure 3

 

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GENERAL MANAGER’S REPORT ON MATTERS FOR NOTATION SUBMITTED TO THE Ordinary Council Meeting TO BE HELD ON Tuesday 18 December, 2018

Page 1

TABLE OF CONTENTS

 

 

 

ITEM 1      RESOLUTIONS REGISTER - INFOCOUNCIL - ACTIONS REPORTING    1

ITEM 2      INVESTMENTS SUMMARY................................................................. 1

ITEM 3      RATES SUMMARY................................................................................ 2

ITEM 4      ANNUAL REPORT ON COMPLAINTS RECEIVED UNDER COUNCIL'S CODE OF CONDUCT............................................................................................... 2

ITEM 5      CENTROC BOARD AND CENTRAL NSW JOINT ORGANISATION  3

ITEM 6      COMMUNITY FACILITATION FUND................................................. 4

ITEM 7      NSW TOURISM AWARDS................................................................... 5

ITEM 8      2018 NATIONAL LOCAL ROADS AND TRANSPORT CONGRESS 6

ITEM 9      ENGINEERING AND TECHNICAL SERVICES REPORT - DECEMBER UPDATE................................................................................................................... 7

ITEM 10    PROPOSAL FOR ESTABLISHMENT OF FAIRBRIDGE FARM INTERPRETATION PARK - PUBLIC RESERVE - LOT 10 DP 247214 - MITCHELL HIGHWAY, MOLONG................................................................................................. 8

ITEM 11    DEVELOPMENT APPLICATIONS RECEIVED DURING NOVEMBER 2018       8

ITEM 12    DEVELOPMENT APPLICATIONS APPROVED DURING NOVEMBER 2018      10

ITEM 13    MEDIAN PROCESSING TIMES 2018.............................................. 11

ITEM 14    BURIAL STATISTICS......................................................................... 12  

 

ANNEXURE ITEMS

 

ANNEXURE 1.1    Council................................................................................ 14

ANNEXURE 1.2    Traffic Light Report Summary............................. 50

ANNEXURE 2.1    Investments Summary November 2018.............. 51

ANNEXURE 3.1    Rates graph November............................................. 53

ANNEXURE 5.1    181122_AGM Minutes....................................................... 54

ANNEXURE 5.2    181122_Minutes Central NSW Joint  November 2018      57

ANNEXURE 5.3    181122_Minutes of the Centroc Board............ 60

ANNEXURE 5.4    181122_Mayoral Board Report............................. 64

ANNEXURE 9.1    Enginnering capital works and expenditure report December 2018.................................................................. 79

ANNEXURE 10.1  Fairbridge Children's Farm Park....................... 93 

 


 

 

ITEM 1 - RESOLUTIONS REGISTER - INFOCOUNCIL - ACTIONS REPORTING

REPORT IN BRIEF

 

Reason For Report

To provide Council with a report on progress made in actioning its resolutions up to last month's Council meeting and any committee meetings held.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

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

Annexures

1.  Council

2.  Traffic Light Report Summary    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\RESOLUTION REGISTER - 974299

 

Acting General Manager's REPORT

 

InfoCouncil generated reports are annexed including actions up to the previous month’s meetings resolutions.

 

Progress comments are provided until the final action comment which will also show “COMPLETE”: that item will then be removed from the register once resolved by the council.

 

Attached also is the “traffic light” indicator system that enables the council to identify potential areas of concern at a glance.

 

Councillors should raise any issues directly with the directors as per the mayor’s request.

 

 

ITEM 2 - INVESTMENTS SUMMARY

REPORT IN BRIEF

 

Reason For Report

Information provided in relation to Council's Investment Schedule.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.4.b. Maximise secure income through investments

Annexures

1.  Investments Summary November 2018    

File Number

\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\FINANCIAL REPORTING\FINANCIAL REPORTS TO COUNCIL - 978020

 

Senior Accounting Officer's REPORT

 

Council’s investments as at 30 November 2018 stand at a total of $45,098,294.

 

Council’s average interest rate for the month was 2.55%. The effect of the low cash rate is having a negative impact on term deposit rates offered by financial institutions. The Reserve Bank’s official cash rate remained steady at 1.50% during the month of November. However, Council’s average rate is higher than Council’s benchmark rate of the 30 Day Bank Bill Swap Rate of 1.88%. 

 

Council’s investments are held with multiple Australian financial Institutions with varying credit ratings according to Council’s Investment Policy. The annexure to this report shows a break up of each individual institution that Council invests with and its “Standard and Poor’s” Credit Rating.

 

The Schedule of Investments for November 2018 is attached for Council’s information.

 

 

ITEM 3 - RATES SUMMARY

REPORT IN BRIEF

 

Reason For Report

Information provided in relation to Council's Rates collections.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.4.a - Level of rate of collection

Annexures

1.  Rates graph November    

File Number

\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\FINANCIAL REPORTING\FINANCIAL REPORTS TO COUNCIL - 977895

 

Senior Rates Officer's REPORT

 

The Rate Collection Summary to 30 November 2018 is attached for Council’s information.  The percentage collected is 53.36% which is similar to previous years.

 

The second rate instalment fell due 30 November 2018.

 

ITEM 4 - ANNUAL REPORT ON COMPLAINTS RECEIVED UNDER COUNCIL'S CODE OF CONDUCT

REPORT IN BRIEF

 

Reason For Report

In accordance with Clause 12.1 of Council's adopted Procedures for the Administration of the Code of Conduct Policy, the General Manager is required to provide an annual report on complaints received under Council's Code of Conduct.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.1.f - Code of Conduct adhered to

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\CODE OF CONDUCT\CODE OF CONDUCT REVIEW COMMITTEE - 977025

 

Acting General Manager's REPORT

 

Clause 12.1 of Council’s adopted Procedures for the Administration of the Code of Conduct (adopted 16 April 2016) requires the General Manager to report annually to Council on Code of Conduct complaints. This report should include, as a minimum, a summary of:

 

a)   the total number of code of conduct complaints made about councillors and the general manager under the code of conduct in the year to September,

b)   the number of code of conduct complaints referred to a conduct reviewer,

c)   the number of code of conduct complaints finalised by a conduct reviewer at the preliminary assessment stage and the outcome of those complaints,

d)   the number of code of conduct complaints investigated by a conduct reviewer,

e)   the number of code of conduct complaints investigated by a conduct review committee,

f)    without identifying particular matters, the outcome of code of conduct complaints investigated by a conduct reviewer or conduct review committee under these procedures,

g)   the number of matters reviewed by the OLG and, without identifying particular matters, the outcome of the reviews, and

h)  the total cost of dealing with code of conduct complaints made about councillors and the general manager in the year to September, including staff costs.

This report covers the period 1 September 2016 to 31 August 2017.

 

In regard to complaints received during the subject period, I advise that there was no complaints received.

 

 

 

ITEM 5 - CENTROC BOARD AND CENTRAL NSW JOINT ORGANISATION

REPORT IN BRIEF

 

Reason For Report

Council to note the minutes of the meetings.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.1.d Maintain effective membership of Centroc, Strategic Alliance, Hawkesbury City Council, Weddin Shire Council and Cabonne Council Country-City Alliance, LGNSW and other forums

Annexures

1.  181122_AGM Minutes

2.  181122_Minutes Central NSW Joint  November 2018

3.  181122_Minutes of the Centroc Board

4.  181122_Mayoral Board Report    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNMENT RELATIONS\LOCAL AND REGIONAL LIAISON\CENTROC 2018 - 977135

 

Acting General Manager's REPORT

 

The Deputy Mayor and General Manager attended the Centroc Board and Central West Joint Organisation meetings held in Oberon on 22 November 2018. 

 

Matters discussed at the Board meeting included:

 

·    Transport Infrastucture

·    Water Infrastructure

·    Health

·    Regional Development

·    Planning

·    Tourism

 

Matters discussed by the Central West Joint Organisation included:

 

·    Regional priorities

·    Working with LGNSW

·    ALGA priorities

·    Joint Organisation funding framework

 

Minutes of the meetings are attached for Councillors’ information.

 

 

ITEM 6 - COMMUNITY FACILITATION FUND

REPORT IN BRIEF

 

Reason For Report

To report on approved expenditure under the Community Facilitation Fund (CFF).

Policy Implications

Nil

Budget Implications

Within existing budget allocation

IPR Linkage

3.3.5.a. Review community need for new and upgraded facilities

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GRANTS AND SUBSIDIES\PROGRAMS\COMMUNITY FACILITATION FUND - 977476

 

Acting General Manager's REPORT

 

Council adopted guidelines for the Community Facilitation Fund (CFF) in March 2015.  The CFF was created for smaller community projects not originally included in the council’s budget, to be allocated at the discretion of the Mayor and Deputy Mayor.

 

As a reminder, the guidelines for the CFF are as follows:

 

1.   Projects where no existing vote for the works has been allocated or the vote is insufficient to complete the project.

 

2.   Recipients must be community based not-for-profit groups.

 

3.   Mayor and Deputy Mayor to jointly approve funds (with the General Manager as proxy if one is not available).

 

4.   Allocation of funds to be reported to the next available council meeting.

 

5.   Limit of $3,000 per allocation unless other approved by council.

 

There were NIL allocations of funds processed in the past month.

 

 

 

ITEM 7 - NSW TOURISM AWARDS

REPORT IN BRIEF

 

Reason For Report

To provide information on the local business success in the 2018 NSW Tourism Awards

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

2.2.1.a - Promote strategies listed in the Tourism Plan

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\ECONOMIC DEVELOPMENT\LIAISON\TOURISM NEW SOUTH WALES - 977408

 

Acting General Manager's REPORT

 

Councillor Davison attended the 2018 NSW Tourism Awards held in Sydney on 22 November 2018.  There were 4 Cabonne businesses nominated for awards on the night, with a total of 127 nominations in the 27 award categories. The following results were achieved:

 

·    Heifer Station Cellar Door won silver in Tourism Wineries, Distilleries and Breweries.

 

·    Lakeview Luxury won bronze in the Self-contained Accommodation category

 

·    Canowindra International Balloon Challenge won bronze in the Festivals and Events category

 

Age of Fishes Canowindra, while not winning an award on the night, were a nominee in the Specialised Tourism Services category.

 

 

ITEM 8 - 2018 NATIONAL LOCAL ROADS AND TRANSPORT CONGRESS

REPORT IN BRIEF

 

Reason For Report

To inform Council in a report of the Congress

Policy Implications

Consistent with Payment of expenses and provision of facilities and Mayor's Policy.

Budget Implications

Conferences and Seminars budget.

IPR Linkage

1.4.1.e - Roads to Recovery Federal Local Roads program undertaken

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\ROADS and BRIDGES\PROGRAMS\ROADS TO RECOVERY PROGRAM - 2018-2019 - 978646

 

Director of Engineering & Technical Services' REPORT

 

Council sent two delegates to the annual National Local Roads and Transport Congress that was held at Alice Springs Northern Territory during 20 – 22 November 2018. The venue for the congress was the Alice Springs Convention Centre.

The congress was attended by 144 delegates from across Australia and its theme was “Connecting Transport Networks Now and into the Future”.

The congress was opened by the Australian Local Government Association (ALGA) President David O’Loughlin, who stated that the continuing aims of the congress is to work with governments and advocate for funding for local roads and bridges to meet the needs of local communities across Australia. Governments need to understand that transport systems across the globe are changing. They are being disrupted by changing consumer demand, technology, growth, settlement patterns and economic imperatives.

The keynote address was given by Allan Garcia, CEO Infrastructure Tasmania, who spoke about Integrating People, Land Use and Transport.

The remainder of the afternoon session focused on “safety is at the heart of what we do” and the problem of the increase of the national road toll.

The day finished with a welcoming reception exhibition opening held in house at the Convention Centre.

The second day commenced with a presentation from Jeff Roorda on the “State of the Assets 2018”, followed by an enlightening  presentation given by Jerry Tan from the Downer Group on Innovation in Pavement Technology, where recycled products are included in the manufacture of pavement materials.

The remaining sessions on the day related to the Inland Rail, Regional Aviation and how technology is driving change at a rapid rate.

The congress was a rewarding success for the delegates that attended and it gave an opportunity to meet and network with their peers in the Local Government sector and bring back to Council the focus of the Federal funding providers.

 

 

 

ITEM 9 - ENGINEERING AND TECHNICAL SERVICES REPORT - DECEMBER UPDATE

REPORT IN BRIEF

 

Reason For Report

To update Council on works in progress in the Engineering and Technical Services Department.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

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

Annexures

1.  Enginnering capital works and expenditure report December 2018    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\REPORTING\ENGINEERING AND TECHNICAL SERVICES REPORTING - 977802

 

Director of Engineering & Technical Services' REPORT

 

Please find attached to this report an update of the 2018-2019 works in progress in the Engineering and Technical Services Department.

 

 

 

ITEM 10 - PROPOSAL FOR ESTABLISHMENT OF FAIRBRIDGE FARM INTERPRETATION PARK - PUBLIC RESERVE - LOT 10 DP 247214 - MITCHELL HIGHWAY, MOLONG

REPORT IN BRIEF

 

Reason For Report

For the information of council

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.2.1.d - Promote Fairbridge Memorial concept

Annexures

1.  Fairbridge Children's Farm Park    

File Number

\OFFICIAL RECORDS LIBRARY\PARKS AND RESERVES\PLANNING\GARDENS OR RESERVES - 978620

 

Acting General Manager's REPORT

 

Council has recently received the attached information from Mr Leonard Lynch, Landscape Architect – Clouston Assoc, on behalf of the Fairbridge Children’s Farm Park group. The latter is a project proposed by the Old Fairbridgians’ Association to develop a site interpretation are to portray the history of Molong’s Fairbridge Farm. The group propose the project be established upon a public reserve near the intersection of the Mitchell Highway and Amaroo Road, Molong. The land was formerly part of the Fairbridge farm holding, and contains a creek side rest area / park. The majority of the reserve land is undeveloped.

 

Details of the initial concept plan, and the background to the proposal are summarised in the attached documents. Funding of $500,000 has recently been announced by the State Government under the Regional Communities Development Fund. The Fairbridge project group propose to launch the project at the nominated site in the coming months and seek council’s comment regarding the site interpretation proposal.

 

 

ITEM 11 - DEVELOPMENT APPLICATIONS RECEIVED DURING NOVEMBER 2018

REPORT IN BRIEF

 

Reason For Report

Details of development applications received during the preceding month.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.3.a. Provide efficient and effective development assessment

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\DEVELOPMENT AND BUILDING CONTROLS\BUILDING AND DEVELOPMENT APPLICATIONS\REPORTING - DEVELOPMENT APPLICATIONS TO COUNCIL - 977027

 

Director of Environmental Services' REPORT

 

Development Applications have been received during the period 01/11/2018 to 30/11/2018 as detailed below.

 

SUMMARY OF DEVELOPMENT APPLICATIONS RECEIVED

 

 

TYPE

ESTIMATED VALUE

Section 68 Only x 10

$----

Subdivision

$----

Modification to Alterations & Additions to Community Children’s Centre

$----

Modification to Shed Extension

$----

Modification to Alterations & Additions to Existing Dwelling

$----

Modification to Subdivision (4 Lots)

$----

Modification to Storage Shed

$----

Modification to Change of Use (Change of Hours)

$----

Modification to Dwelling

$----

Demolition of Fire Damaged Dwelling

$----

Shed

$18,000

Farm Stay Accommodation

$400,000

Alterations & Additions to Existing Dwelling & Storage Shed

$190,000

Dwelling & Detached Storage Shed

$364,857

Storage Shed

$17,000

Livestock Processing Industry (Poultry)

$100,000

Alterations & Additions to Existing Industrial Building

$10,000

Dwelling & Farm Stay Accommodation

$400,000

Dwelling

$480,000

Dwelling

$454,737

Pre-manufactured Toilet Block

$12,000

Verandah to rear of house

$15,000

Storage Shed

$15,000

Alterations & Additions to Existing Cellar Door

$150,000

Storage Shed

$19,000

Hay Shed

$29,000

Swimming Pool & Deck

$1,000

TOTAL:

$2,675,594

 

 

 

 

SUMMARY OF COMPLYING DEVELOPMENT APPLICATIONS RECEIVED

 

TYPE

ESTIMATED VALUE

Garage

$13,884

Swimming Pool

$61,000

Deck & Garage Addition

$19,400

Shed

$7,000

Dwelling

$350,000

In-Ground Swimming Pool

$60,420

GRAND TOTAL:

$3,187,298

 

 

ITEM 12 - DEVELOPMENT APPLICATIONS APPROVED DURING NOVEMBER 2018

REPORT IN BRIEF

 

Reason For Report

Details of development applications approved during the preceding month.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.3.a. Provide efficient and effective development assessment

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\DEVELOPMENT AND BUILDING CONTROLS\BUILDING AND DEVELOPMENT APPLICATIONS\REPORTING - DEVELOPMENT APPLICATIONS TO COUNCIL - 977107

 

Director of Environmental Services' REPORT

 

Development Applications have been approved during the period 01/11/2018 to 30/11/2018 as detailed below.

         

SUMMARY OF APPROVED DEVELOPMENT APPLICATIONS

 

 

TYPE

ESTIMATED VALUE

S68 Only x 7

$-----

Modification to Dual Occupancy

$-----

Two Lot Subdivision

$-----

Subdivision

$-----

Bed & Breakfast

$-----

Modification to Alterations & Additions to Community Children’s Centre

$-----

Modification to Alterations & Additions to Existing Dwelling

$-----

Modification to Temporary Event

$-----

Modification to Dual Occupancy (Detached)

$-----

Modification to Subdivision (4 Lots)

$-----

Modification to Shed Extensions

$-----

Feedlot

$200,000

In-Ground Swimming Pool

$19,970

Shed

$18,000

Dual Occupancy

$7,000

Storage Shed

$30,000

Dwelling & Detached Storage Shed

$364,857

Animal Boarding & Training Facility

$30,000

Pre-manufactured Toilet Block

$12,000

Dwelling

$454,737

Storage Shed

$15,000

TOTAL: 27

$1,151,564

 

 

SUMMARY OF APPROVED COMPLYING DEVELOPMENT APPLICATIONS

                                            

TYPE

ESTIMATED VALUE

Garage

$13,884

Swimming Pool

$61,000

Deck and Garage Addition

$19,400

In-Ground Swimming Pool

$60,420

TOTAL:4

$154,704

 

GRAND TOTAL:31

$1,306,268

Previous Month: 33

$2,346,604

 

 

ITEM 13 - MEDIAN PROCESSING TIMES 2018

REPORT IN BRIEF

 

Reason For Report

To provide information on median processing times.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

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

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\DEVELOPMENT AND BUILDING CONTROLS\BUILDING AND DEVELOPMENT APPLICATIONS\REPORTING - DEVELOPMENT APPLICATIONS TO COUNCIL - 977108

 

Director of Environmental Services' REPORT

 

Summary of median Application Processing Times over the last five years for the month of November:

 

YEAR

MEDIAN ACTUAL DAYS

2013

18

2014

23

2015

16

2016

26

2017

26

 

Summary of median Application Processing Times for 2018:

 

MONTH

MEDIAN ACTUAL DAYS

January

36

February

24.5

March

22

April

21.5

May

31

June

24.5

July

16

August

17

September

13.5

October

22

November

13

December

 

 

 

ITEM 14 - BURIAL STATISTICS

REPORT IN BRIEF

 

Reason For Report

To provide information on burial statistics.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

3.3.1.a - Maintain cemeteries in accordance with community requirements

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\PUBLIC HEALTH\CEMETERIES\REPORTING -  BURIAL STATISTICS - 977109

 

Director of Environmental Services' REPORT

 

YEAR

NO OF BURIALS

2006/07

59

2007/08

62

2008/09

57

2009/10

65

2010/11

40

2011/12

54

2012/13

54

2013/14

80

2014/15

66

2015/16

64

2016/17

41

2017/18

67

2018/19

 

July

8

August

5

September

7

October

4

November

6

December

 

January

 

February

 

March

 

April

 

May

 

June

 

Total

24

  


Item 1 Ordinary Meeting 18 December 2018

Item 1 - Annexure 1

 

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Item 1 Ordinary Meeting 18 December 2018

Item 1 - Annexure 2

 

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Item 2 - Annexure 1

 

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Item 3 Ordinary Meeting 18 December 2018

Item 3 - Annexure 1

 

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Item 5 Ordinary Meeting 18 December 2018

Item 5 - Annexure 1

 

Minutes of AGM Thursday 22 November 2018 held in Oberon

Delegates in Bold

Cr G Hanger

Bathurst Regional Council

Cr K Sajowitz

Oberon Council

Mr D Sherley

Bathurst Regional Council

Mr G Wallace

Oberon Council

Cr S Ferguson

Blayney Shire Council

Cr R Kidd

Orange City Council

Ms R Ryan

Blayney Shire Council

Cr K Boyd

Parkes Shire Council

Cr A Durkin

Cabonne Council

Cr P Best

Weddin Shire Council

Mr S Harding

Cabonne Council

Mr L Gibson

Weddin Shire Council

Cr D Somervaille

Central Tablelands Water

Ms C Weston

RDACW

Mr G Rhodes

Central Tablelands Water

Mr A Albury

DPC

Cr B West

Cowra Council

Ms K Purser

OLG

Mr P Devery

Cowra Council

Ms J Bennett

Centroc

Mr S Murru

Forbes Shire Council

Ms Meredith Macpherson

Centroc

Cr J Medcalf

Lachlan Shire Council

 

 

Mr G Tory

Lachlan Shire Council

 

 

1              Meeting opened at 1:42pm Chaired by Cr J Medcalf

 

2              Apologies

Cr M Liebich, Cr K Keith, Cr K Beatty, Cr P Miller, Mr S Loane, Mr G Styles, Mr G Carroll, Cr R Thompson, Mr G Faulkner, Cr J Stafford, Mr J Bell, Cr B Ingram, Ms E Marks, Ms J Andrews,

Resolved                                                                                                                                          Cr B West/Cr R Kidd

That the apologies for the Centroc AGM meeting 22 November 2018 listed above be accepted.

 

3              Minutes

Ratification of the Minutes of the AGM 23 November 2017

Resolved                                                                                                                            Cr S Ferguson/Cr K Sajowitz

That the Minutes of the AGM 23 November 2017 be confirmed.

 

4              Chairperson’s Report – Presentation of the Annual Report

Resolved                                                                                                                               Cr J Medcalf/Cr R Kidd

That the Annual Report be received and accepted with copies sent to member Councils for circulation to all Councillors in the region.

5              Election of new Executive

·    Cr John Medcalf stepped down from Chair

·    Mr G Wallace became Returning Officer and advised he had received 6 nominations all of which were in order.

·    Cr John Medcalf was elected as Chair unopposed.

Resolved                                                                                                                               Cr R Kidd/Cr B West

That the Board confirm Mr David Sherley as Executive Secretary and Chair of the General Managers’ Advisory Committee.

·    Cr Scott Ferguson was elected as Deputy Chair unopposed.


 

 

Resolved                                                                                                                                          Cr R Kidd/Cr B West

That the Centroc Board confirms that Cr K Keith, Cr R Kidd, Cr G Hanger and Cr K Sajowitz being the Mayors from, Parkes Shire Council, Orange City Council, Bathurst Regional Council and Oberon Shire Council as the ordinary members of the Centroc Executive.

 

The Centroc Board welcomed the balance of the Executive:

·    Cr B West as immediate past Chair

·    Cr G Miller and Mr S Loane (Forbes) as Centroc Treasurer

·    General Managers – Tory (Lachlan), Devery (Cowra), Boyd, (Parkes) Styles (Orange) and Ryan (Blayney) forming the balance of the Executive

 

Cr J Medcalf Assumed Chair

 

6              Election of Centroc Delegates

Resolved                                                                                                                             Cr R Kidd/Mr D Sherley

1.    Cr S Ferguson will represent Centroc on the Western Region Academy of Sport

 

2.    Charmaine Bennett will represent Centroc on the NSW Council Safe Advisory Network. A second representative will be provided if required.

 

3.    Cr B West, Cr K Keith and Cr P Miller are the representatives for the Regional Strategic Transport Group

 

4.    Cr J Medcalf and Cr S Ferguson are the representatives for The Western Mining Taskforce

 

5.    Cr J Medcalf and Cr S Ferguson are the representatives for The Outer Sydney Orbital and Castlereagh Connection Corridor Steering Committee

 

6.    Cr D Somervaille be the representative for the Lachlan Water Sharing and Water Resource Plan Stakeholder Advisory Panel

 

7.    Cr B West be the representative for the Lachlan Valley Water Security Investigations Phase 2 – Community Reference Group

 

6a        Portfolio Mayors

Resolved                                                                                                                                   Cr R Kidd/Cr B West

Transport - Cr Ken Keith

Water – Cr David Somervaille

Health - Cr John Medcalf

Regional Development - Cr Bill West

Planning – Cr Reg Kidd

 

7              Appointment of Auditor

Resolved                                                                                                                                        Cr R Kidd/Mr K Boyd

That Intentus be appointed as the Auditor for Centroc.

 

8              Presentation of the Statement of Finances

Resolved                                                                                                                             Mr P Devery/Mr D Sherley

That the Statement of Finances for Centroc be adopted.

 

9              Meeting Dates for 2019

Recommendation/s                                                                                                             Mr D Sherley/ Mr K Boyd

That the meeting dates for the Central NSW JO Board and any Centroc meetings for 2019 be:

 

Board

Date

Meeting of

Time

Host

Thursday 28 February

Board

9:30 for 10am

Orange

Thursday 23 May

Board

9:30 for 10am

State Parliament

Thursday 22 August

Board

9:30 for 10am

Federal Parliament

Thursday 28 November

Board

9:30 for 10am

Parkes

 

Executive & GMAC

Date

Meeting of

Time

Host

Thursday 31 January

Executive

8.30  - 10am

Orange

Thursday 2 May

Executive

8.30  - 10am

Orange

Thursday 25 July

Executive

8.30  - 10am

Orange

Thursday 24 October

Executive

8.30  - 10am

Orange

 

Meeting closed at 2.08pm

 

Page 3 is the last page of the Centroc AGM minutes 22 November 2018 held in Oberon

 


Item 5 Ordinary Meeting 18 December 2018

Item 5 - Annexure 2

 

Minutes of the Central NSW Joint Organisation meeting 22 November 2018 Parliament House

 

Attendees, voting members in bold.

Cr G Hanger

Bathurst Regional Council

Cr K Sajowitz

Oberon Council

Mr D Sherley

Bathurst Regional Council

Mr G Wallace

Oberon Council

Cr S Ferguson

Blayney Shire Council

Cr R Kidd

Orange City Council

Ms R Ryan

Blayney Shire Council

Cr K Boyd

Parkes Shire Council

Cr A Durkin

Cabonne Council

Cr P Best

Weddin Shire Council

Mr S Harding

Cabonne Council

Mr L Gibson

Weddin Shire Council

Cr D Somervaille

Central Tablelands Water

Ms C Weston

RDACW

Mr G Rhodes

Central Tablelands Water

Mr A Albury

DPC

Cr B West

Cowra Council

Ms K Purser

OLG

Mr P Devery

Cowra Council

Ms J Bennett

Centroc

Mr S Murru

Forbes Shire Council

Ms Meredith Macpherson

Centroc

Cr J Medcalf

Lachlan Shire Council

 

 

Mr G Tory

Lachlan Shire Council

 

 

 

Meeting opened 2.08pm, Chaired by Chair Cr John Medcalf

Apologies - Cr M Liebich, Cr K Keith, Cr K Beatty, Cr P Miller, Mr S Loane, Mr G Styles, Mr G Carroll, Ms J Andrews,

Resolved                                                                                                                                    Cr B West/Cr R Kidd

That the apologies for the Central NSW Joint Organisation Board meeting 22 November 2018 listed above be accepted.

 

1.    Minutes

2a        Confirmation of the Minutes of the Central NSW Joint Organisation meeting 23 August 2018 at Parliament House Canberra

Resolved                                                                                                                        Cr S Ferguson/Cr G Hanger

That the Central NSW Joint Organisation Board confirm the Minutes of the meeting 23 August 2018 held in Parliament House Canberra.

 

2b        Confirmation of the Minutes of the Central NSW Joint Organisation meeting 2 October 2018 at Bathurst Regional Council office via phone conference

Resolved                                                                                                                                    Cr R Kidd/Cr B West

That the Central NSW Joint Organisation Board confirm the Minutes of the meeting 2 October 2018 at Bathurst Regional Council office via phone conference.

 

2.    Business Arising from the Minutes – Matters in Progress

Resolved                                                                                                                                    Cr B West/Cr R Kidd

That the Central NSW Joint Organisation Board note the Matters in Progress, making deletions as suggested, and bring forward reports;

1.    Payment of Expenses and the Provision of Facilities to Board Members Policy; and

2.    Code of meeting practice.

 

3.    Report from Joint Organisation Chairs

Resolved                                                                                                                                    Cr B West/Cr R Kidd

That the Board note the report from the meetings of the Joint Organisation Chairs and

1.    With regard to the priorities identified by the Chairs of the Joint Organisations, Central NSW Joint Organisation recommends that

a.    Effort be undertaken to identify those priorities that ought be progressed through Local Government NSW and provide this advice to the peak body (LGNSW) accordingly;

b.    Feedback be provided to the Chairs of Joint Organisations regarding Central NSW Joint Organisations once these have been finalised through the strategic process;

c.     This region supports the notion of a Forum of Joint Organisation Chairs for the short-term purpose of information sharing noting there may be further value once the various Joint Organisations in the State are fully operational; and

2.    Endorse the Terms of Reference for the Forum of Joint Organisation Chairs.

 

4.    Regional Priorities

Resolved                                                                                                                         Cr K Sajowitz/Cr G Hanger

That the Joint Organisation Board note the report on regional priorities, adopt the interim Statement of Strategic Regional Priorities and with regard to the specifics of five priorities for advocacy leading into the State election focus on the following:

1.    Support for a safe swift link between Central NSW and Sydney;

2.    Raising the wall at Wyangala;

3.    Fully funding of the Southern Lights Project;

4.    Progressing the Blayney to Demondrille Line; and

5.    Recognition of the role of this region in leading the State in the development of Special Activation Precincts in Parkes, Orange and Bathurst.

 

5.    Working with Local Government NSW

Resolved                                                                                                                            Cr R Kidd/Cr A Durkin

Note the report and to progress opportunities for collaboration once its new Executive Officer is in

place.

 

6.    ALGA priorities support report

Resolved                                                                                                        Cr S Ferguson/Cr G Hanger

That the Centroc Board note the report on the Australian Local Government priorities and advocate in their support, in particular;

 

1.      restore Federal Assistance Grants to at least 1% of Commonwealth Tax Revenues;

2.      fund the development of the Local Government Higher Productivity Investment Plan starting at $200m pa for five years;

3.      increase R2R funding to $800m and make the Bridges Renewal Program permanent;

4.      invest in a Local Government Community Infrastructure Program of $300m pa for four years, with a separate stream for regional and rural communities;

5.      fund a targeted disaster mitigation program of $200m pa for four years;

6.      establish a Local Government Climate Change Partnership Fund of $200 pa for four years;

7.      invest in a Local Government Place-Based Preventative Health and Activity Program of $100m over four years;

8.      continue to provide at least $5.5bn over the next 10 years for Indigenous well-being;

9.      fund a Digital Local Government and Rural / Regional Telecommunications Program of $100m over four years;

10.   develop a national waste and resource recovery strategy underpinned by circular economy principles, the waste hierarchy, product stewardship and extended producer responsibility;

11.   reinstate a nation governance model that addresses homelessness and housing affordability that includes local government; and

12.   adjust the identified roads component of the Federal Assistance Grants to make the additional funding for South Australia permanent.

 

7.    Joint Organisation Funding Framework report

Resolved                                                                                                    Cr K Sajowitz/Cr B West

That the CNSWJO Board note the Joint Organisation Funding Framework Report and seek to codesign an approach to the funding of Joint Organisations with the State using the following considerations:

 

1.    The principle of subsidiarity;

2.    Councils should control the JO;

3.    Councils retain control over their assets;

4.    Funding should not be “readministered” by the JO or be cost shifting, so for example the single invitation RMS contracts would not be administered by the JO;

5.    The greater opportunity is working with the State to leverage Federal funding;

6.    Funded activities should add value to member Councils;

7.    JOs should not be a fourth tier of government;

8.    JOs should not add more red tape;

9.    This region seeks to work collaboratively with the State Government to codesign better processes in the interests of our communities;

10.  State agencies be resourced and have delegation in the region to deliver collaborative programming with Joint Organisations;

11.  Ongoing administrative funding for codesigned programming that has state and local shared value is welcome; and

12.  Benefit Cost Ratio and other Treasury guidance ultimately leads to difficulties with accessing funding for regional Councils where the more remote the Council the greater the challenges.

 

 

8.    Administration Update

Resolved                                                                                                                      Cr A Durkin/Cr G Hanger

That the Board note the timeline for the implementation of the JO.

 

9.    Financial Report

Resolved                                                                                                                      Cr B West/ Cr S Ferguson

That the Board note the Financial Report

 

·    Cr West requested the next meeting give consideration to membership of other entities.

·    RDA Central West requested progression of the MOU.

 

Next meeting of the Joint Organisation is 28 February 2019

 

Meeting closed 2.36pm

Page 3 is the last page of the Central NSW Joint Organisation meeting 22 November 2018

 


Item 5 Ordinary Meeting 18 December 2018

Item 5 - Annexure 3

 

Minutes of the Board Meeting 22 November 2018 held at Oberon Mayfield Gardens

 

Board Delegates in bold

Cr G Hanger

Bathurst Regional Council

Cr K Sajowitz

Oberon Council

Mr D Sherley

Bathurst Regional Council

Mr G Wallace

Oberon Council

Cr S Ferguson

Blayney Shire Council

Cr R Kidd

Orange City Council

Ms R Ryan

Blayney Shire Council

Cr K Boyd

Parkes Shire Council

Cr A Durkin

Cabonne Council

Cr P Best

Weddin Shire Council

Mr S Harding

Cabonne Council

Mr L Gibson

Weddin Shire Council

Cr D Somervaille

Central Tablelands Water

Ms C Weston

RDACW

Mr G Rhodes

Central Tablelands Water

Mr A Albury

DPC

Cr B West

Cowra Council

Ms K Purser

OLG

Mr P Devery

Cowra Council

Ms J Bennett

Centroc

Mr S Murru

Forbes Shire Council

Ms Meredith Macpherson

Centroc

Cr J Medcalf

Lachlan Shire Council

 

 

Mr G Tory

Lachlan Shire Council

 

 

1.    Welcome by Chair John Medcalf 2.36pm

 

2.    Apologies

Cr M Liebich, Cr K Keith, Cr K Beatty, Cr P Miller, Mr S Loane, Mr G Styles, Mr G Carroll, Cr J Stafford, Mr J Bell, Cr B Ingram, Ms E Marks, Cr R Thompson, Mr G Faulkner, Ms J Andrews,

Resolved                                                                                                                                  Mr D Sherley/Cr B West

That the apologies for the Centroc Board meeting 22 November 2018 listed above be accepted.

 

3.    Speakers – Nil

 

4.    Minutes

4a        Noting of the Minutes of the GMAC Meeting 25 October 2018

Resolved                                                                                                                                 Mr D Sherley/Mr K Boyd

That the Minutes of the Centroc GMAC Meeting 25 October held in Orange be noted.

 

4b        Confirmation of the Minutes of the Board Meeting 23 August 2018 at Parliament House Canberra 

Resolved                                                                                                                     Mr G Wallace/Cr D Somervaille

That the Minutes of the Centroc Board Meeting 23 August May 2018 held at Parliament House be confirmed and write to Lt. K Gillespie, Mr Don Murray and the Taskforce Team thanking them for their efforts.

 

4c        Noting of the Minutes of the Centroc Executive Meeting 25 October 2018 at Orange 

Resolved                                                                                                                                   Cr R Kidd/Mr D Sherley

That the Minutes of the Centroc Executive Meeting 25 October 2018 held at Orange be noted.

 

5  Business Arising from the Minutes – Matters in Progress

Resolved                                                                                                                      Mr D Sherley/Mr S Harding

That the Board note the Matters in Progress, making deletions as suggested.


 

6       Correspondence

6a        Correspondence In

Resolved                                                                                                                            Mr K Boyd/Mr P Devery

That the Board note the incoming correspondence.

 

6b        Correspondence Out

Resolved                                                                                                                             Mr D Sherley/Mr S Harding

That the Board note the outgoing correspondence.

 

7       Reports

7a        Transport Infrastructure including Bells Line of Road

Resolved                                                                                                                                  Mr K Boyd/Mr D Sherley

That the Board note the Transport Infrastructure Report; and

1.    endorse that with regard to a safe swift link between Sydney and Central NSW, the Executive have sought to have access to any final report under development by Taskforce led by Lt Gen Ken Gillespie and;

a.    seek meetings through State representatives, especially Deputy Premier, The Hon John Barilaro;

b.    a report be provided to the Joint Organisation Board on ‘game changer’ projects for the $4.2 (Snowy Hydro Fund) billion in line with advice provided by the Hon J Barilaro to media 24 October; and

c.     Through the Chair engage with Regional Strategic Alliance (Western Sydney) on the connection between Sydney and Central NSW; and

2.    note that a submission to the Sydney Airport Masterplan has been lodged line with existing policy on retaining regional slots.

 

7b           Water Infrastructure Report

Resolved                                                                                                                           Cr D Somervaille/Mr K Boyd

That the Board note the Water Infrastructure Report; and

1.    Write to Mr Jeremy Voss advising that the raising of the Wyangala Dam wall is a regional priority with advocacy underway seeking election commitment;

2.    Note that the Executive has committed $7,500 towards a scoping study for the Lithgow to Kings Plain Pipeline and that Cr B West be the Central NSW JO Representative on the steering committee for the Lithgow to Kings Plains Pipeline project.

3.    Note that the Executive has approved a submission to the Public consultation on the draft Water Resource Plan and draft Water Sharing Plan for Lachlan Surface Water 2019 to be developed in due course; and

4.    Note the meeting with Mr Ashley Albury, DPC to progress the development of an MoU or other document to formalise expectations between NSW Health and the CWUA (on behalf of its members) for Drinking Water Incidents.

 

7c        Health Report

Resolved                                                                                                                              Cr J Medcalf/Mr D Sherley

That the Board note the Health report and seek a briefing from Orange City Council on its proposed Special Activation Precinct.


 

7d        Regional Development

Resolved                                                                                                                                       Cr B West/Mr K Boyd

That the Board note the Regional Development Report; and

1.    Encourage engagement in the Central West Food and Fibre Strategy; and

2.    include in its Orange meeting in February 2019 a visit to the Global Agricultural Technology Ecosystem including a presentation on outcomes from the pitchfest in Sydney in September 2018.

 

7e        Planning Report

Resolved                                                                                                                                    Cr R Kidd/Mr D Sherley

That the Board note the Planning Report and endorse the submission made to the Draft Regional Urban Design Guidelines that is broadly supportive of the document though seeks changes to the Central West and Orana snapshot in line with existing Centroc policy.

 

7f         Tourism Report

Resolved                                                                                                                                       Ms R Ryan/Cr B West

That the Board note the Tourism Report; and

1.    note the Building Better Regions Application is being recast to include a leadership component building capacity and collaboration at the Board level in growing the visitor economy including navigating the challenges of drought with the final application approved under the hand of the Chair;

2.    commend to members they engage in the campaign under development leveraging public art; and

3.    note that a letter of congratulations is being sent to Ms Lucy White on her appointment as General Manager of Destination Network Country and Outback

 

7g        Operational Report

Resolved                                                                                                                              Mr D Sherley/Mr P Devery

That the Board note the Operational Report; and

1.    Councils receive a proforma report to Council recommending in-principle support be provided to the Southern Lights Project with the following heads of consideration – project benefits including being part of an aggregated approach, advice on individual Council business cases and funding opportunities;

2.    Councils give consideration to being included in the PPA component of the next procurement process for electricity; and

3.    Councils receive advice in their Mayoral Board Report on current opportunities in energy programming including a group procure power factor correction and variable speed drives, a group procure of solar and/or battery storage, and a grant application for solar carparks including virtual net metering and electric vehicle charging stations, and request Council’s support in progressing these.

 

7h        Financial report

Resolved                                                                                                                                 Mr K Boyd/Mr D Sherley

That the Board note the Financial Report.

 

8      Late Reports

Verbal advice was provided by Ms J Bennett

1.    Agreeing to circulate advice from the Federal Government on drought and that a report would come to the next meeting regarding a report by Western Research Institute making recommendations on potential Local Government activity.

2.    Noting feedback from the room of the Board’s preference for a meeting with Mr Peter Primrose, and other members of the opposition.

 

9      Matters raised by members

Feedback was that the waste to energy initiative being progressed through Country Mayors should be considered through individual Councils.

 

10   Speakers to the next meeting

The follow-up workshop for the strategy/

 

11   Next Meetings

31 January 2019 – GMAC

TBA – Executive

28 February 2019 –Board

28 February 2019 – CNSWJO Board

 

The General Meeting of the Board closed at 3.14 pm

Page 4 is the last page of the Centroc Board Minutes 22 November 2018


Item 5 Ordinary Meeting 18 December 2018

Item 5 - Annexure 4

 

Report from the Mayor attending the

Centroc Annual General Meeting

Centroc Board Meeting and

Central NSW Joint Organisation

22 November 2018

held at Mayfield Gardens Oberon

 

 

 

I attended the Centroc Annual General Meeting in Oberon at Mayfield Gardens on Thursday 22 November. It marked the last official AGM of Centroc and the last Annual Report was presented. Copies will be sent to every Councillor in the region.

 

The Centroc Board and Central NSW Joint Organisation Board meetings were also held that afternoon.

 

Cr John Medcalf, Mayor of Lachlan Shire Council was re-elected as Chair and Cr Scott Ferguson, Mayor of Blayney Shire Councils was re-elected as Deputy Chair.

 

As you are aware, Councils in Central NSW have resolved to transition from Centroc to the Central NSW Joint Organisation. This region decided to take a thorough approach to the Joint Organisation’s strategy. A Steering Committee was elected to progress this and the Western Research Institute (WRI) were engaged to undertake the work.

 

In line with this approach the Steering Committee wanted every Mayor and General Manager to be interviewed on a per member Council basis. Interviews were also conducted with other key stakeholders including from State agencies. The advice from the interviews informed the first half day workshop, which was held in the morning, before the three meetings.

 

All members of the Joint Organisation including the Department of Premier and Cabinet were represented, and the workshop was well received. Thanks to Kathy Woolley from WRI for facilitating the session. Advice from this session will inform options to be progressed through the Steering Committee. The final workshop will be in February.

 

At the AGM the Priority Portfolios were elected as follows:

Transport - Cr Ken Keith, Mayor of Parkes Shire Council

Water – Cr David Somervaille, Chairman, Central Tablelands Water

Health - Cr John Medcalf, Mayor of Lachlan Shire Council

Regional Development - Cr Bill West, Mayor of Cowra Shire Council

Planning – Cr Reg Kidd, Mayor of Orange City Council

 

For more delegations and the meeting dates for 2019, please see the Centroc AGM Minutes attached.

 

Just before lunch the Board were treated to a spectacular tour of the Mayfield Gardens.

 

I provide the following report for Council’s information, along with the meeting minutes for the Centroc AGM and Board and the Central NSW Joint Organisation.

 

Transport Infrastructure – The Centroc Board continue advocating for a safe swift link between Central NSW and Western Sydney.  Recent advice is that there will not be a report provided by the Taskforce led by Lt Gen Ken Gillespie (the Taskforce), rather its role is to provide periodic personal briefings to Ministers. This is disappointing.

 

The Board is seeking access to any final report under development by the Taskforce and meetings with State representatives, especially Deputy Premier, The Hon John Barilaro are being pursued through the Member for Bathurst’s Office to discuss the matter.

 

A submission to the Sydney Airport Masterplan was lodged in line with existing policy on retaining regional slots.

 

Water Infrastructure - The Executive has committed $7,500 towards a scoping study for the Lithgow to Kings Plains’ Pipeline and Cr B West endorsed as the Central NSW JO Representative on the Steering Committee for this project. The purpose of the Lithgow to Kings Plains’ Water Transfer Pipeline project is to increase water security for the region.

A submission to the Public consultation on the draft Water Resource Plan and draft Water Sharing Plan for Lachlan Surface Water 2019 is to be developed.

18 Operators from Cowra, Parkes, Forbes, Orange and Bathurst were certified under the National Framework for Water Operators administered by the Water Industry Operators Association at a ceremony in Parkes on 30 October. The culmination of 6 years of work, this was a proud moment and testament to the region’s commitment to drinking water quality.

Please refer to the detailed Water Infrastructure Board Report.

Health – The Board resolved to seek a briefing from Orange City Council on its proposed Special Activation Precinct.

Regional Development –  The Chair of RDACW, Ms Christine Weston was in attendance and requested the status for reviewing the RDACW and Centroc MOU. This is being progressed through the JO.

A Macquarie University student contacted Screen Central about their interest in a fictional student film called “Drought”. The film intends to highlight the drought currently affecting many farmers and their livelihoods in Australia. The students hope that this project will help create awareness of the struggles of our farmers and are wanting to source vacant towns/shops, empty paddocks and farmhouses for filming. Their interest is to travel to the Lithgow, Bathurst and Oberon regions and Bathurst and Lithgow have assisted with some location suggestions.

 

A group of five photographers travelled to Oberon and surrounding villages in mid-September 2018. They located the owner of the Mountain View Homestead and plan to travel back to the region next year when there is snow around. They met with the Deputy Mayor who provided an update on what the current owners’ plans were for the Malachi Hall. Their pictures of Oberon and surrounding villages have been uploaded onto the individual photographer’s Facebook page and once permission is given, Screen Central will be able to share these images.

 

Planning – An update on the Priority Projects of the Central West and Orana Regional Plan from NSW Government Planning and Environment was listed.

 

Of note in the Implementation Plan is item 3.4 – Develop a Food and Fibre Strategy for the Central West. To progress this, a meeting of EDO and Planning staff was coordinated for 10/11 September in Blayney and Forbes.

 

Tourism –An application for the Building Better Regions Fund was submitted. The intention is to broadly use the same material lodged in the unsuccessful application in December 17 with the addition of a leadership component predicated on the need for Central New South Wales to be resilient through climate impacts such as drought. A tailored approach to growing the visitor economy lead by Mayors and building on the success of the collaborative approach to tourism in Central New South Wales will address this challenge in the context of a broader campaign.

 

Various stakeholders have agreed to co-contribute both financially and in kind. Approaches have been made regarding measurement of the project to be co-contributed to by Destination Network Outback and Country and Western Research Institute. My Travel Research are partnering in this project financially with a view to learnings being shared more widely across Australia. They will deliver workshops and a tool kit with an implementation plan to progress the 10 most important actions Mayors of the region can undertake collaboratively to grow the visitor economy.

 

The total investment in Public Relations (PR) and media monitoring since February of this year has been $30,000. The public relations and media partnership campaign for Unearth Central NSW has generated valuable exposure and engagement for the region, with media coverage appearing across television, major state and regional newspapers, magazines and blogs. The region has hosted 6 media visits during 2018 (from February till October), issued themed and news orientated press releases and targeted Australian travel and lifestyle media to generate publicity opportunities to promote the diverse Central NSW region.

 

In quarters 1 and 2 of 2018, the equivalent advertising value was calculated at $577,800 with 31 media articles generated. Please note, no official media monitoring was in place for the first half of 2018.

 

In quarter 3 of 2018 and into quarter 4 of 2018, the equivalent advertising value was calculated at $1,334,562 with 47 media articles so far (until October 2018). Please note, official media monitoring came into effect as of July 2018, which saw an increase in media coverage opportunities that may have been missed without monitoring

 

Please refer to the Tourism Board report for the total list of publications and their value.

 

Operational – The Board were updated on the $9.84m in savings that Centroc has assisted members since 2009.

 

Southern Lights Streetlighting Forum was held in Orange on 16 October for its member councils to walk through the business cases that have been developed by Next Energy for individual councils. The Forum was attended by Bathurst, Blayney, Cabonne, Cowra, Forbes, Oberon and Orange.

 

In the coming weeks members can expect to receive proforma reports to Council recommending in principle support of the Southern Lights Project, with the heads of consideration as follows:

 

•     Project benefits including being part of an aggregated approach

•     Advice on individual Council business cases

•     Funding opportunities

 

Over the next few weeks local MP’s of Bathurst, Orange and Cootamundra will have been updated on the business case of this project.

 

Opportunities in Energy Programming led through the Energy Group include:

 

•     Assessment of the number of decorative lights in each LGA – Bathurst has a significant number of decorative lights which will affect the Southern Lights Business Case where the cost for a similar looking LED replacement will be drastically more expensive.

 

•     Identification of areas where there is inadequate streetlighting with a view to correct the lighting spacing during the bulk LED rollout.

 

•     Group procure of Power Factor Correction (PFC) devices and Variable Speed Drives (VSDs).

 

•     Participation in a potential grant funded project aimed at solar carparks with EV charging.

 

•     Group procure of onsite behind the meter solar PV and/or batteries.

 

Further information can be provided on any of the above projects.

 

 

Financial –  The Centroc Board noted the anticipated full year profit of $42,977 at 30 June 2019 against a budgeted profit of $12,059.

 

All activities through Centroc and the Central NSW Joint Organisation are progressing well, members are asked to contact Executive Officer Ms Jenny Bennett at any stage with questions.

 

I commend this report to you for noting.

 

Recommendation/s

That the Mayoral Report from the Centroc Board and Central NSW Joint Organisation Meeting 22 November 2018 at Mayfield Gardens, Oberon be noted.

 


Item 5 Ordinary Meeting 18 December 2018

Item 5 - Annexure 4

 

Minutes of AGM Thursday 22 November 2018 held in Oberon

 

Delegates in Bold

Cr G Hanger

Bathurst Regional Council

Cr K Sajowitz

Oberon Council

Mr D Sherley

Bathurst Regional Council

Mr G Wallace

Oberon Council

Cr S Ferguson

Blayney Shire Council

Cr R Kidd

Orange City Council

Ms R Ryan

Blayney Shire Council

Cr K Boyd

Parkes Shire Council

Cr A Durkin

Cabonne Council

Cr P Best

Weddin Shire Council

Mr S Harding

Cabonne Council

Mr L Gibson

Weddin Shire Council

Cr D Somervaille

Central Tablelands Water

Ms C Weston

RDACW

Mr G Rhodes

Central Tablelands Water

Mr A Albury

DPC

Cr B West

Cowra Council

Ms K Purser

OLG

Mr P Devery

Cowra Council

Ms J Bennett

Centroc

Mr S Murru

Forbes Shire Council

Ms Meredith Macpherson

Centroc

Cr J Medcalf

Lachlan Shire Council

 

 

Mr G Tory

Lachlan Shire Council

 

 

1              Meeting opened at 1:42pm Chaired by Cr J Medcalf

 

2              Apologies

Cr M Liebich, Cr K Keith, Cr K Beatty, Cr P Miller, Mr S Loane, Mr G Styles, Mr G Carroll, Cr R Thompson, Mr G Faulkner, Cr J Stafford, Mr J Bell, Cr B Ingram, Dr E Marks, Ms J Andrews,

Resolved                                                                                                                                          Cr B West/Cr R Kidd

That the apologies for the Centroc AGM meeting 22 November 2018 listed above be accepted.