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 -
1014252
|
|
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
DECLARATIONS OF INTEREST - 2019 - 1014253
|
|
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 - 1018161
|
|
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 - 1014254
|
|
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 - 1014255
|
|
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 - 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. May
28 2019 Ordinary Council Meeting Minutes⇩
2. June 11 2019 Extraordinary
Council Meeting Minutes⇩
|
|
File Number
|
\OFFICIAL RECORDS
LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - MINUTES - 2019 - 1014257
|
|
Recommendation
THAT the minutes of the
Ordinary meeting held 28 May 2019 and the Extraordinary meeting held 11 June
2019 be adopted.
|
Acting General Manager's REPORT
The following minutes are
attached for endorsement:
1. Minutes of the Ordinary Council meeting held on 28 May
2019
2. Minutes of the Extraordinary Council meeting held on 11
June 2019.
ITEM 7 - ADOPTION OF
INTEGRATED PLANNING AND REPORTING DOCUMENTATION
REPORT IN BRIEF
|
Reason For Report
|
To adopt
council's 2019/20 budget and Operational Plan.
|
|
Policy
Implications
|
As per the OLG requirments for Integrated Planning and
Reporting.
|
|
Budget
Implications
|
Budget implications will be included in the Long Term
Financial Plan, as part of the requirements for Integrated Planning and
Reporting.
|
|
IPR Linkage
|
4.5.2.c.
Engage with community to determine future needs & objectives
|
|
Annexures
|
1. Operational Plan 2019-20⇩
2. Draft Budget 2019
2020 final⇩
3. Fees and Charges
Report 2019 2020⇩
|
|
File Number
|
\OFFICIAL
RECORDS LIBRARY\CORPORATE MANAGEMENT\PLANNING\INTEGRATED PLANNING AND
REPORTING 2019-2020 - 1016606
|
|
Recommendation
THAT Council
adopt:
1) The Draft Operational Plan 2019/20,
including:
a) Part 1 – The Activities; and
b) Part 2 – Financials (including
Fees and Charges) and
as amended due
to the submissions considered at the extra-ordinary meeting held Tuesday 11
June 2019.
|
Director of Finance and Corporate Services' REPORT
The Integrated Planning and
Reporting Framework was introduced by the NSW Office of Local Government in
2009. The Framework consists of a Community Strategic Plan (CSP),
Delivery Program (DP), an Operational Plan (OP) and associated financials
(Budget) and a Resourcing Strategy which is comprised of a Long Term Financial
Plan (LTFP), a Workforce Management Plan (WMP), and a suite of Asset Management
Plans (AMPs). These are the guiding documents for the remainder of the term for
the current council.
On this occasion council is only
considering the 2019/20 Operational Plan, which includes part 1 - the
activities, and part 2 - the financials. It is not required to consider the
other documentation.
The Operational Plan is a one
year document which outlines and funds specific activities for 2019/2020. This
includes a full list of council’s fees and charges which contains all of
council’s Water, Sewer, Domestic Waste Management and Stormwater charges.
At its ordinary meeting on 30
April 2019 Council resolved to place the 2019/20 Operational Plan on public
exhibition for 28 days concluding on 31 May 2019.
Council received seven
submissions, which were considered at the extra-ordinary meeting held on 11
June 2019. In addition to the submissions received, Council resolved to include
$170,000 to partially fund lights at Canowindra Sports Centre, with a view to
applying for federal and state government grants for the remaining funding.
All submissions received related
to part 2 of the Operational Plan.
No submissions were received in
relation to part 1 of the Operational Plan.
The resolutions relating to these
submissions, and consequential changes to the 2019/20 Operational Plan and
Budget, are detailed in the minutes of the 11 June 2019 meeting.
Overall the 2019/2020 Operational
Plan:
· Maintains
services at existing levels. There are no new services or discontinued
services.
· Allows
for a significant capital works program valued at $21.9 million. This program
will be added to with re-votes and carry forwards from 2018/19. Broadly the
major areas of capital spending are:
§ Local Road
Construction $11.1
million
§ Regional Road
Construction $2.6
million
§ Bridge Construction
$2.6 million
§ Plant
$3 million
§ Footpath
construction
$492,000
§ IT Infrastructure
$347,000
§ Pool Upgrades
$144,000
· Allows
for an increase in rate levies and waste management charges of 2.7%, and
CPI increases in water and sewer charges of 1.8%.
· Is
partially funded by nett transfers from reserves of $4.7 million.
Spending in this budget is in
line with the LTFP, which has been re-calibrated to include this budget as its
first year.
A copy of the amended Operational
Plan and Budget and fees and charges are attached for the information of
councillors.
ITEM 8 - MAKING OF RATES AND
CHARGES FOR 2019/2020
REPORT IN BRIEF
|
Reason For Report
|
To formally
make the Rates and Charges for 2019/2020
|
|
Policy
Implications
|
Nil
|
|
Budget Implications
|
Levy the 2019/2020 Rates and Charges
|
|
IPR Linkage
|
4.5.5.j
Provide, maintain and develop financial services and systems to accepted
standards - satisfying regulatory and customer requirements
|
|
Annexures
|
1. Rating Summary ⇩
2. Rates and Charges ⇩
|
|
File Number
|
\OFFICIAL
RECORDS LIBRARY\FINANCIAL MANAGEMENT\BUDGETING\CABONNE COUNCIL ANNUAL BUDGET - 1017498
|
|
Recommendation
THAT Council :
1. Approve the definitions relating the various Rating Categories in
the Rating Summary attached to the report, and
2. Make the Rates for 2019/2020, in accordance with Council
resolution, of the rates included in the table listed below;
|
RATE
|
Rate in $
|
Minimum
|
|
Farmland
|
0.00413260
|
$
465.89
|
|
Residential
|
0.00421816
|
$
465.89
|
|
Residential
- Canowindra Town
|
0.01125590
|
$
597.04
|
|
Mining
|
0.05166110
|
$
465.89
|
|
Business
|
0.00421816
|
$
465.89
|
|
Business
- Molong Town
|
0.00421816
|
$
465.89
|
|
Business-
Canowindra Town
|
0.01125590
|
$
597.04
|
3. Adopt
the charges as per pages 10-22 of Council’s Fees and Charges for
2019/2020 as referenced in the report.
4. In
accordance with Section 566(3) of the Local Government Act
1993, adopt the maximum rate of interest
to apply to outstanding rates and charges for the 2019/2020 rating year, that
being 7.5%
|
Senior Rates Officer's REPORT
This report is presented to
Council to formally make the rates, and adopt fees for Water, Sewer, Domestic
Waste Management and the Stormwater Levy, for 2019/2020, as required by the
Local Government Act, 1993.
The definitions relating to the various
Rating Categories are explained in the Rating Summary attached to this report.
Formal notification of the maximum interest
rate allowable for overdue Rates and Charges, has been received from the Office
of Local Government. That rate will be 7.5% for the 2019/2020 rating year.
ITEM 9 - CABONNE COUNTRY
TOURISM ADVISORY COMMITTEE
REPORT IN BRIEF
|
Reason For Report
|
For Council's
consideration, the future appointment of membership to the Cabonne Country
Tourism Advisory Committee duration from 2019 to 2021.
|
|
Policy Implications
|
Nil
|
|
Budget Implications
|
Included
in the Cabonne Council Tourism Plan budget
|
|
IPR Linkage
|
2.2.1.a - Promote strategies
listed in the Tourism Plan
|
|
Annexures
|
1. Cabonne
Country Tourism Advisory Committee Charter⇩
|
|
File Number
|
\OFFICIAL
RECORDS LIBRARY\ECONOMIC DEVELOPMENT\MEETINGS\CABONNE COUNTRY TOURISM
ADVISORY COMMITTEE - CCTAC - 1017471
|
|
Recommendation
THAT Council
appoints Kerry Hicks, Lester Davis, Christine Weston, Ron Hay, Alf
Cantrell, Jan Kerr and Tanya Lampe as members of the 2019-2021 Cabonne
Country Tourism Advisory Committee.
|
ACTING Community Engagement and Development Manager's
REPORT
Cabonne Country Tourism Advisory
Committee (CCTAC) was established in July 2010 through the support of
Council. Initially eleven community members were appointed to the first
term which was a duration of two years, followed by seven community members in both
the second term and third term.
The third term has concluded and advertising
conducted locally and regionally through various newspapers, Cabonne website
and word of mouth promotion to commence the fourth term of operation for
CCTAC. The Expression of Interest (EOI) period to become a Committee member
closed on 31 May 2019. The Charter states that a minimum of seven community
members are required to be selected by Council.
Currently the recruitment process
has attracted seven EOI submissions with five Cabonne villages and towns
represented. Council also received a late email from a new resident who saw the
advertisement and is very interested in becoming a CCTAC committee member. The
late applicant recently relocated to Canowindra and possesses a wealth of
relevant experience and skills. The late applicant was referred to several
community networks to establish contacts and local experience.
Summary of Submissions
|
Name
|
Township
|
Business type / community
group representing
|
Membership
|
|
Kerry Hicks
|
Molong
|
Real Estate Manager, active
community member, involved in various local committees & in official
capacities, member, of MAG, marketing and events management experience.
|
Previous member
|
|
Lester Davis
|
Molong
|
Current CCTAC Chair, planning
& tourism implementation, leadership, management, marketing, strong business
experience, strategy development.
|
Previous Member
|
|
Christine Weston
|
Cumnock
|
Animals on Bikes creator,
Member on various committees, Chair of Regional Development Central West, promotions,
grant writing, event management, Air B&B
|
New Member
|
|
Ron Hay
|
Eugowra
|
Various committees, small
business owner, active community member, involved in Eugowra Events &
Tourism Committee, business management, leader, Eugowra murals .
|
New Member
|
|
Alf Cantrell
|
Yeoval
|
Operates tourism
attraction, experience in event management, promotion, grant writing,
museum owner/manager, active community member.
|
Previous Member
|
|
Jan Kerr
|
Canowindra
|
Vineyard, community events,
tourism, marketing, Manager Balloon Challenge, event management., CWA,
promotions, founding CCTAC member, grant writing.
|
Previous Member
|
|
Tania Lampe
|
Molong
|
Molong business owner
established 2 businesses in Cabonne, event management, strong community
connections, & community development, fundraising and marketing.
|
New Member
|
Consideration for appointment to
the committee is based on a skill set that focuses on marketing experience, promotion;
event management; planning, implementation; research and analysing; information
technology; creativity; grant writing; networking; and life skills with a
strong interest in advancing tourism.
All applicants have a demonstrated
high level of experience and meet the skill set criteria. They will be
responsible to continue to implement the strategies outlined to advance Tourism
in Cabonne and compliment the Tourism Plan 2012 to 2021.
The Council representative is Clr
Jenny Weaver with Clr Ian Davison as the alternative. Cabonne Council’s
Tourism and Community Development Coordinator attends these meetings which are
held monthly.
Cabonne Country Tourism Advisory
Committee is responsible to implement the mission statement and objectives of
the charter. A copy of the charter is attached.
Cabonne Country
Tourism’s mission statement is “To facilitate the development of
tourism to and within the Cabonne Country”.
Cabonne Council, with the
assistance of CCTAC originally developed the Tourism Plan 2012 to 2021.
Since its creation, CCTAC and Council staff have worked towards implementing
the actions listed in the Tourism Plan.
It has been recognised by the
current CCTAC members who have highlighted the need to update and develop a new
Tourism Plan to set future direction in the new landscape that engages with the
newly established organisations both on a regional and at a State level and
with a more recognised mature tourism industry. The new Cabonne Tourism
Plan will aim to set direction for the next five years.
Overall, the implementation of a
Tourism Plan gives leadership, direction and encourages collaboration with the
actions and measures established to assess outcomes and progress.
ITEM 10 - MODIFICATION OF
DEVELOPMENT APPLICATION 2018/0084/2 LOT B DP 179711, 194 NANCARROW LANE,
NASHDALE
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 Conditions of Consent DA2018 0084/2⇩
|
|
File Number
|
\Development
Applications\DEVELOPMENT APPLICATION\2018\03-2018-0084 - 1010995
|
|
Recommendation
THAT the
modification of Development Application 2018/0084/2
for a Restaurant at Lot B DP 1749711, 194 Nancarrow Lane, Nashdale, 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.
|
SUMMARY
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 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.
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 original Development
Application was determined by Council.
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
Condition 3)
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).
APPROVED MODIFICATION DECEMBER 2019
Development consent was granted in December 2018 for modifications
to approved development as follows
· Amend Condition 3
Condition 3 was amended to remove the
requirement that Nancarrow Lane be widened to accommodate vehicles up to 19m in
width as the proposed development would not generate the need for such a
vehicle (other than potentially during the construction phase).
· Delete Condition 24
Condition 24 required the internal access roads to have
a bitumen seal to prevent potential dust impacts. The condition was removed as
the applicant demonstrated that the unsealed accessway would not generate
adverse dust impacts and the requirement for the bitumen seal would be an
unnecessary financial burden on the applicant.
It is noted that the applicant sought consent to delete condition 3
entirely as well as condition 4 that requires that all traffic enter and exit
via the Nancarrow Lane access point. However Council did not consent to these
modifications.
PROPOSED MODIFICATION
The applicant has now requested that condition 3 of the development
consent be further amended to facilitate safety improvements of the
intersection of Cargo Road and Nancarrow Lane. The first dot point of the
development consent required that the applicant enter into an agreement with
Council to facilitate the upgrading of the intersection of Cargo Road and
Nancarrow Lane. Specifically, the intersection required to be upgraded to
include a basic Left (BAL) treatment.
The applicant has requested that the first dot point of the
condition be reworded so that a financial contribution be payable towards
improvements of the intersection. Consultation with Council Engineering staff
has found that the required works for the intersection (the BAL treatment) would
involve a large scale re-design of the entire intersection and would likely
include significant service relocation, potential land acquisitions and
earthworks. Therefore, Council has determined that the condition cannot be
reasonably complied with.
Instead, Council Engineering staff have suggested that the
intersection be made as safe as increased signage along both Cargo Road and
Nancarrow Lane to make on-coming traffic aware of the intersection.
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.
Due to the minimal environmental impact of the modification, the
proposed modification was not re-notified to adjoining land owners.
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.
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
No additional local provisions are applicable to the proposed
modification.
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 modification to the Development Consent is only related
to the Nancarow Lane and Cargo Road intersection (and the rewording of
Condition 3) therefore only those matters will be addressed under this section.
Traffic and access
At the time of the original development application, Council sent a
referral to Roads and Maritime Services (RMS) due to the perceived traffic
impacts that the development may have on the intersection of Nancarrow Lane and
Cargo Road (a classified road). RMS provided a series of recommendations for
the upgrading of the intersection to facilitate safe traffic movements. It is
noted that this referral was not mandatory and the recommendations were not
required to be imposed by Council on the development consent.
The recommendations predominantly included the construction of a
Basic Left (BAL) turn treatment from Cargo Road to Nancarrow Lane. After
development consent was issued, at the request of the applicant, Council staff
sought to facilitate the required upgrading to the intersection. Council staff
found that however the intersection was realigned to accommodate the new BAL,
significant obstacles were encountered. Existing service locations on the
northern and southern side of Cargo Road severely limit any widening of the
carriageway. Further to this, should the services be relocated (at a
significant cost), land acquisitions may be required to ensure sufficient
vehicle maneuverability from Cargo Road to Nancarrow Lane. Therefore, Council
staff have determined that the condition of consent cannot reasonably be
complied with. Pursuant to case-law handed down in Newbury District Council
v Secretary of State for the Environment [1980] 1 All ER 731, three
requirements were set out for a condition of consent as follows:
1. The
condition must be for a planning purpose.
2. The condition must fairly and reasonably relate to the
development subject of the development application.
3. The condition must not be so unreasonable that no
reasonable planning authority could have imposed the condition.
Council staff have since determined that due to the potentially
significant works to make the intersection safe in accordance with RMS
requirements, the condition is not reasonable as it is onerous and potentially
unachievable (and not satisfy point 3 as per above).
Therefore, Council has determined that the intersection should be
made as safe as possible within reasonable means. The applicant, in
consultation with Council, has agreed to pay a financial contribution towards
safety improvements of the intersection.
The proposed changes to the development consent will not have an
adverse impact on the safety of the intersection as sufficient changes will be
made to ensure all road users are aware of the upcoming intersection. The
proposed 27 vehicle movements to be generated by the proposed development (at
peak times) would not have an adverse impact on traffic safety should minor
changes be implemented.
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 development 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 not neighbourhood notified due to the
minor environmental impacts that the proposed modification would have.
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 development is permissible with the consent of Council.
The development complies with the relevant aims, objectives and provisions of
the LEP. A section 79C assessment of the development indicates that the
development is acceptable in this instance. Attached is a draft Notice of
Approval outlining a range of conditions considered appropriate to ensure that
the development proceeds in an acceptable manner.
ITEM 11 - DEVELOPMENT
APPLICATION 2019/0010 FARM STAY ACCOMMODATION LOT 12 DP 868993, GRIFFIN ROAD,
ORANGE
REPORT IN BRIEF
|
Reason For Report
|
Determination
of DA 2019/0010
|
|
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 Conditions of Consent DA2019/0010⇩
2. Plans DA2019 0010⇩
|
|
File Number
|
\Development
Applications\DEVELOPMENT APPLICATION\2019\03-2019-0010 - 1016457
|
|
Recommendation
THAT Development
Application 2019/0010 Farm Stay Accommodation, Lot 12 DP 868993, Griffin
Road, Orange be granted consent subject to the
conditions attached.
|
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 development
application submitted for Farm Stay Accommodation at Lot 12 DP 868993, Griffin
Road, Orange. The application was received by Council on 27 July 2018.
The application was notified for a period of 14 days, with an extensions of 7
days being granted. During this period five (5) submissions were received
objecting to the proposal.
Council staff requested additional information from the applicant to
address Council concerns with the application. The additional information was
received on 24 April 2019.
It is recommended that the application be approved subject to the
attached conditions of consent.
Applicant: Carnegie Pastoral Pty Ltd
Owner: JA Kermode
Proposal: Farm
Stay Accommodation
Location: Lot
12 DP 868993, Griffin Road, Orange.
Zone: RU1
Primary Production
THE PROPOSAL
The applicant is seeking consent to construct 3 cabins on the
subject site for use as a Farm Stay Accommodation as well as a new access road
from Griffin Road and parking areas for the cabins.
The cabins will be located towards the south-eastern corner of the
lot. The applicant has proposed 2 separate floorplans for the cabins, with two
‘Type A’ cabins and one ‘Type B’ Cabin.
The ‘Type A’ cabins are rectangular in and shape will
comprise:
· Living Room with kitchenette
· Bedroom
· Bathroom
· Deck
· 2 x 4240L Water Tanks
· Overall floor area of 75.24m2
The first Type A Cabin will be located approx. 163m from the
north-west boundary (Griffin Road), 176m from the north-east boundary and 160m
from the east boundary.
The second Type A Cabin will be located approx. 114m from the
Eastern boundary and 139m from the south boundary.
The single ‘Type B’ Cabin is triangular in shape with a
mezzanine level and will comprise:
· Living Room with kitchenette
· Bedroom in the mezzanine level
· Bathroom
· Deck
· 2 x 4240L Water Tanks
· Overall Floor area of 94.03m2
The Type B cabin will be located 89m from the south boundary and
108m from the east boundary.
The combined Gross Floor Area of all 3 cabins being 244.51m2.
Access to the cabins will be via a new driveway to be constructed
from Griffin Road. The driveway will divide into 3 separate arms to provide
private access and parking to each cabin.
A water supply of 8480L is proposed for each cabin, whilst a
centrally located solar tower and windmill with an incorporated battery will
provide electricity for each cabin. No connection to mains power or any
additional water services are proposed (no new bores or dams). The applicant
has also advised that no water from the existing dam on the subject lot will be
used as part of the accommodation.
SITE
The subject site, Lot 12 DP 868993, is a rural allotment on the
south-eastern side of Griffin Road, approx. 1km south-west of the intersection
of Griffin Road and Mitchell Highway and approx. 7km from the Orange CBD.
The lot is 15.19Ha in area and has a general slope west to east
across the lot, with a fall of approx. 30m from the western to eastern
boundaries.
The lot is generally cleared with a small number of clusters of
mature trees located on the lot. The vegetation is identified as:
· Blakely’s Red Gum and Yellow Box Open Woodland of the
Tablelands
· Apple Box, Yellow Box, Mountain Gum Open Woodland
A farm dam is located on in the south-eastern corner of the lot and
straddles the southern boundary (with a large portion of the dam contained in
the unformed crown road reserve and the neighboring lot to the south).
The lot is currently utilized for agricultural pursuits being cattle
grazing and cropping.
The surrounding area comprises small to medium rural allotments with
a number of dwellings. An established vineyard is located to the south of the
subject site.
The lot was created in 1997 by Development Application DA1997/42 as
an agricultural allotment.
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.
Comment: The proposed development is consistent with the aims of the Cabone
Local Environmental Plan 2012. The development complements the unique
rural character of the subject lot whilst also providing for another
development opportunity in the form of Farm Stay Accommodation. The
accommodation is secondary and complementary to the agricultural use of the
site and the broader area
The development
also contributes to the continued economic productivity including tourism
without compromising the agricultural use of the lot or surrounding area.
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 Section 7.4 of the Environmental
Planning & Assessment Act 1979
Comment: The subject lot, Lot 12 DP 868993, has a restrictive covenant on the
88B Instrument. The restrictive covenant reads as follows:
1. Terms of restriction on the use
of land firstly referred to in the abovementioned plan:
(a) No dwelling house, cottage or other erection
or construction for the purpose of or capable of use as a residential premises
or residential use shall be erected, maintained or allowed to remain upon the
land hereby burdened.
(b) No person shall dwell or remain in any
dwelling house, cottage or other erection or construction for the purposes of
or cable for use as residential premises or residential use upon the land
hereby burdened.
The restriction
was placed on the lot when it was created in 1997 as per DA1997/42 in
accordance with Council policy. The lot was created as an agricultural
allotment pursuant to Clause 12 of Cabonne Local Environmental Plan 1991.
A dwelling was not permissible on the subject lot as the lot was not created
for the purpose of a dwelling, nor did it satisfy the minimum lot size for a
dwelling (being 100ha).
Given a dwelling
is still not permissible on the allotment under Cabonne Local Environmental
Plan 2012, Council will require that the covenant stays in place. Therefore
the covenant is not suspended in this instance.
The applicant
has contended that the proposed farm stay accommodation does not constitute
residential premises and therefore is not subject of this restriction. The
applicant submitted a legal opinion that sought to identify that the cabins
would not be ‘capable’ of residential use as that would not be in
accordance with a development consent for Farm Stay Accommodation which is
defined as ‘Tourist and Visitor Accommodation’ and not
‘Residential Accommodation’ under Cabonne Local Environmental
Plan 2012.
Council concurs
that due to the non-permanent nature of the accommodation of the proposed
cabins (as it is proposed to be occupied intermittently), and the limited
utilities to be available, (which further enforces the non-permanence) the
proposed cabins would not be classified as dwellings under Cabonne Local
Environmental Plan 2012 (below) as there is no intention for the cabins to
be a place of permanent habitation (i.e. domiciles):
Dwelling means a room or suite of rooms occupied or used or so
constructed or adapted as to be capable of being occupied or used as a separate
domicile.
Should the
development be approved, conditions of consent would be imposed to further
emphasize that the cabins are not to be used for residential accommodation (or
permanent occupation), this would be further supported by a limit on the
duration of stays at the cabin of 4 consecutive nights and a total of 120
nights in any calendar year (or 360 nights between the 3 cabins).
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.
· Blakely’s Red Gum and Yellow Box Open Woodland of the
Tablelands
· Apple Box, Yellow Box, Mountain Gum Open Woodland
|
|
Flood planning
map
|
Not within a
flood zone
|
|
Natural
resource – karst map
|
Not within a
karst area
|
|
Drinking water
catchment map
|
Not within a
drinking water catchment area
|
|
Riparian land
and watercourse map, groundwater vulnerability map
|
Groundwater
vulnerable and affected by riparian, watercourse.
|
|
Land
reservation acquisition map
|
Not
applicable.
|
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. Farm Stay Accommodation is
permissible within this zone, subject to Council’s development consent.
Farm stay accommodation means a building or place that provides temporary
or short-term accommodation to paying guests on a working farm as a secondary
business to primary production.
Comment: The above definition requires the development to satisfy
three (3) criteria:
1. A
building or place that provides temporary or short term accommodation to paying
guests,
2. On
a working farm,
3. As
a secondary business to primary production.
The proposed cabins provides for temporary or
short term accommodation to guests. As addressed above, the limited utilities
(water and power) will limit the usability of the cabins ensuring the
accommodation remains as ‘temporary or short term’, and therefore
satisfying the first criteria.
The subject site is utilized for agricultural
pursuits (predominantly cropping and grazing). The applicant has provided a
detailed Farm Management Plan that sets out the medium term management of the
farm. Further to this, indicative costings were provided to demonstrate the
profitability of the farm. Therefore, Council is satisfied that the property
constitutes a ‘working farm’.
Finally, the applicant has provided detailed
costings for the on-going management and running of the proposed cabins that
identifies that the accommodation would remain the secondary use of the lot. It
is noted that due to weather variations (e.g. droughts) the profitability of
the working farm could fluctuate significantly, however based on an
‘average’ year, the agricultural use or working farm would remain
the dominant use of the lot.
Therefore, Council is satisfied that the
development satisfies the standard instrument definition of ‘Farm Stay
Accommodation’.
Objectives of the
RU1 Primary Production zone
The proposal is
not contrary to the aims of the LEP or the objectives of the RU1 zone.
The development relates to and is consistent with the zone objectives which
seek to:
· To encourage sustainable primary industry production by maintaining
and enhancing the natural resource base.
· To encourage diversity in primary industry enterprises and systems
appropriate for the area.
· To minimise the fragmentation and alienation of resource lands.
· To minimise conflict between land uses within this zone and land
uses within adjoining zones.
· To enable function centres, restaurants or cafes and appropriate
forms of tourist and visitor accommodation to be developed in conjunction with
agricultural uses.
Comment: The proposed development will
be ancillary to the agricultural use of the lot (where it has been demonstrated
it constitutes a working farm) therefore the development will not prejudice the
continued use of the lot for primary industries. It is noted that the submitted
farm plan sets out a detailed strategy to improve the quality of the subject
lot to further improve the agricultural productivity. Whilst the farm stay
accommodation will remove a small portion of productive land, this small
portion will not adversely reduce the productivity of the lot with the proposed
grazing operation to continue on the lot around the proposed cabins. Council
staff are therefore satisfied that the development satisfies dot points one and
two.
The continued use of the lot as a working farm will not fragment or
alienate any resource lands, with the continuing to be used for agricultural
pursuits. Council staff are therefore satisfied the development satisfies dot
point three.
The proposed cabins are well setback (minimum 105m) from adjoining
allotments that are utilized for other agricultural pursuits, therefore Council
is satisfied that the development will not lead to any land use conflict and
satisfies dot point four. The applicants will be made aware of Council’s
Right to Farm policy via a condition of consent.
The development seeks to develop a farm stay accommodation business
of the subject site in conjunction with the agricultural use of the lot and
therefore satisfies dot point five.
Part 4 – Principal development Standards
No principal development standards are applicable to the proposed
development given that no subdivision or dwellings are proposed on the subject
lot.
Part 5 – Miscellaneous provisions
No miscellaneous provisions are applicable to the subject site or
this development.
Part 6 – Additional local provisions
Clause 6.3 Terrestrial biodiversity
Part of the subject site is identified as ‘Terrestrial
Biodiversity’ pursuant to Council’s LEP mapping. The biodiversity
is identified as:
· Blakely’s Red Gum and Yellow Box Open Woodland of the
Tablelands
· Apple Box, Yellow Box, Mountain Gum Open Woodland
It is noted that Blakely’s Red Gum and Yellow Box Woodland is
identified as an Endangered Ecological Community pursuant to Schedule 2 of the Biodiversity
Conservation Act 2016. However, the proposed development is a significant
distance to the identified area (150m+) and does not propose to remove any
native vegetation.
Therefore, Council is satisfied that the development will not have
an adverse impact on the biodiversity qualities of the subject site.
Clause 6.4 Groundwater vulnerability
The whole of the subject site is identified as ‘Groundwater
Vulnerable’ pursuant to the Council’s LEP mapping. The development
will involve minor earthworks for the footings of each cabin, the proposed
accessway and the On-Site-Sewer-Management-System (OSSMS). An effluent
management study was submitted with the development application that
demonstrated that the site can accommodate an OSSMS without an adverse impact
to the subject site or the surrounding area. Further to this, there are no
known sensitive or threatened groundwater dependent ecosystems in the vicinity
of the subject site that may be impacted by the proposed development.
Therefore Council is satisfied that the proposed development will
not have an adverse impact on the sources or quality of groundwater.
Clause 6.6 Riparian land and watercourses
The south-eastern corner of the subject lot is identified as
‘Riparian Land and a Watercourse’. The areas identified includes
the dam on the southern boundary of the lot as well as a water course running
north-east from the dam which is a tributary to the Bell River. The proposed
cabins are set back a minimum of 84m from the identified area. Given the
significant distance, Council staff are satisfied that the development once
operation will not have an impact on the riparian functions of the dam or
creek.
It is noted that the identified that a small portion of the
potential application area for the proposed OSSMS is within 40m of the creek on
the submitted site plan (Drawn by Peter Basha Planning and Development).
However the Effluent Management Report identifies the application area as being
a minimum of 56m from the identified creek. Therefore to ensure there is no
confusion or adverse impacts, a condition will be imposed to ensure the
absorption area is installed in accordance with the effluent management report
rather that the submitted site plan.
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
Comment: The applicant has demonstrated
that sufficient services will be available to the proposed cabins.
· Water will be available in the form
of two (2) 4240L Water tanks for each cabin. Council is satisfied that the
water will cater for the temporary or short term accommodation for the cabins
however would be an insufficient water source for permanent residency.
· Electricity will be provided via on
site means in the form of a windmill and solar panel system, generating approx.
3kw of power for the cabins. A battery will capture the power generated for use
for the cabins ensuring sufficient power will be available. No connection to
mains power is proposed.
· Sewage is to be managed via a combined On Site Sewer Management System
(OSSMS) for all three cabins. The report submitted with the development
application identifies that the subject site can accommodate the system without
an adverse impact to the subject site or surrounding area.
· Stormwater will be captured and
diverted to the proposed water tanks to provide water for each cabin. Overflow
will be required to be diverted clear of the proposed cabins at a rural run-off
rate.
· Access will be via a single vehicle
access point from Griffin Road. The access will be required to be constructed
to Council standards. The access road/driveway to the cabins will be an
all-weather surface to ensure the road is traversable at all times.
REGIONAL ENVIRONMENTAL PLANS
There are no Regional Environmental Plans that apply to the subject
land.
STATE ENVIRONMENTAL PLANNING POLICIES
· State Environmental Planning Policy No. 44: Koala Habitat
Protection.
Cabonne Council is identified within the SEPP 44 schedule as having
koala habitat. The applicant has not addressed the SEPP; however, the
subject land is generally cleared and the proposed development will not impact
upon any existing vegetation. There are no known sightings of koalas in
the locality, or sources of koala habitat.
· State Environmental Planning Policy No. 55: Remediation of Land
Council must not consent to the carrying out of development unless
it has considered whether the land is contaminated, and if it is contaminated,
whether it is suitable for the proposed development in its current state.
The subject site has historically been utilized for agricultural
purposes (predominantly grazing and cropping) with no known contaminating land
uses occurring on the lot. Therefore Council is satisfied that the subject site
is suitable for the proposed development in its current state.
· State Environmental Planning Policy (Building Sustainability Index:
2004)
Whilst not required under the SEPP or the Regulations, the applicant
lodged a BASIX Certificate for ‘Multi-Dwelling Housing’ for the
three proposed cabins ((940060M). A condition of consent will be imposed to
ensure the BASIX commitments are upheld.
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 DCP generally provides controls around subdivision of rural land
and construction of dwellings, with no specific controls for non-residential
land uses.
It is noted that the objectives of the DCP specifically allow for
innovative and imaginative building and development and also enables other
forms of development to be undertaken within the Rural Zones as long as it is
in keeping with the rural character of the area and is compatible with the
rural land uses. Most notably the DCP specifically emphasizes that development
should preserve the right to farm of existing agricultural establishments.
Therefore, Council is satisfied that the development is consistent
with the DCP objectives. The modest scale of the Farm Stay Accommodation, as
well as the setbacks to adjoining properties ensures that the development will
not adversely impact upon the on-going agricultural pursuits of the subject lot
or neighbouring allotments.
Further to this, the small scale of the structures and the materials
chosen ensure that the development will be integrated into the rural character
of the area.
PROVISIONS PRESCRIBED BY THE REGULATIONS s4.15(1)(a)(iv)
The proposal does not contravene the relevant provisions of the
regulations.
SECTION 4.15(1)(B) - LIKELY IMPACTS OF THAT
DEVELOPMENT
Context and Setting
The subject site and surrounding
area is characterized by small to medium rural allotments with a small number
of dwellings on neighbouring lots. The proposed development seeks to have a
minimal impact on the agricultural pursuits of the subject lot and the
surrounding area and therefore is deemed to be compatible and complementary to
the agricultural uses of the area. The small scale of the cabins, and the use
of the topography ensures the cabins are not visually dominant in the rural
landscape. The visual appearance of the structures has been integrated with the
area through the use of sympathetic materials.
Council staff are satisfied that
the development will not have an adverse impact on the context or setting of
the subject site.
Streetscape
The closest cabin is approx. 160m
from Griffin Road and approx. 6m below street level. Further to this, the small
scale of the building will ensure the building is not visually dominant. The
other two cabins are further away from the street and further below the street
level ensuring they will be minimally visible from the street.
Further to this, the applicant has
proposed sympathetic materials to ensure the development ‘blends’
in with the rural context of the site.
Therefore Council staff are
satisfied that the development will not have an adverse impact on the
streetscape.
Traffic, Access and Parking
All traffic to the subject lot will
enter via a single point of access. The driveway will be constructed to an
all-weather standard to ensure the road is traversable at all times. A
designated parking area has been identified for each cabin.
Due to the low anticipated use of
the cabins (generally on weekends/long weekends) the overall traffic generated
by the development will be relatively low. The local road network could easily
accommodate the small increase in traffic, especially given the short distance
(approx. 1km) to the Mitchell Highway.
Council staff are satisfied that
the development will not have an adverse impact in regard to traffic, access or
parking.
Utilities
The applicant has proposed limited
utilities for the proposed cabins to reflect the temporary nature of the
accommodation to be provided. Each cabin will have 2x 4240L water tanks to
provide water to guests. The water will be captured from the roof area of each
cabin. Council staff are satisfied that the provision of water to each cabin
will not have an adverse impact on the subject site or the surrounding area.
Electricity for all three cabins
will be provided via a common solar panel and wind turbine system, with power
generated to be stored in an on-site battery. Given the temporary nature of the
accommodation (likely to be utilized 2-3 nights a week) the proposed power will
be sufficient for the needs of each cabin. Council staff are satisfied that the
provision of electricity to each cabin will not have an adverse impact on the
subject site or the surrounding area.
The effluent from the proposed
cabins will be discharged via an onsite sewage management system (OSSMS) that
caters for all three cabins. An effluent management study was submitted with
the application that demonstrated that the subject site can accommodate the
proposed OSSMS without an adverse impact to the subject site or adjoining
allotments. In the submissions an issue was raised in regard to the proximity
of the OSSMS application area and the identified watercourses. A draft
condition of consent will be imposed to ensure the application area is located
in accordance with legislative requirements. Therefore, Council staff are
satisfied that the management of effluent for each cabin will not have an
adverse impact on the subject site or the surrounding area.
Stormwater
The stormwater will be collected
from the roof of each cabin and diverted to the proposed water tanks. Over flow
will be released via a dissipater to ensure it is at a natural flow rate and
not have an adverse impact to the subject site.
Flora and Fauna
The development does not seek to
remove any vegetation. Further to this, the cabins have been located away from
identified biodiversity areas. Therefore Council is satisfied that the
development will not have an adverse impact on any flora or fauna.
Safety and Crime
The proposed farm stay accommodation will involve the provision of
short term accommodation on an otherwise uninhabited allotment (given there is
no dwelling entitlement). The surrounding area contains a number of dwellings
in relatively close proximity to the subject site (by rural standards) allowing
for passive surveillance of the lot and the proposed buildings (and vice versa)
. Therefore, Council staff do not believe the proposed development would result
in an adverse risk in regard to the safety of the occupants or neighboring
allotments. Further to this, the proposed development will not result in an
adverse impact in regard to crime.
To ensure there is no adverse impact potentially arising during the
provision of the accommodation on the subject lot, Council will require that a
plan of management as well as an emergency evacuation procedure be prepared for
the accommodation.
THE SUITABILITY OF THE SITE s4.15(1)(c)
The subject lot, Lot 12 DP868993, is suitable for the proposed development
as it is a rural zoned allotment being developed for uses ancillary and
complementary to the rural and agricultural use of the lot in accordance with
Council’s planning controls.
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 development is not advertised development.
The proposed development was neighbourhood notified. Five (5)
submissions were received by the close of the exhibition phase. It is noted
that the exhibition phase was extended by a week to provide neighbours
additional time to respond to the development application.
The major issues raised in the submission(s) are summarized and
addressed as follows:
· The subject lot is not a working farm and therefore does not satisfy
the definition of Farm Stay Accommodation.
Council Response: As per above in this report, the applicant has demonstrated the
agricultural uses of the lot, including the indicative profits from grazing and
cropping to demonstrate the accommodation would be secondary to the primary
production. Therefore, Council staff are satisfied that the subject lot is a
working farm, and therefore satisfies the definition of Farm Stay
Accommodation.
· The development will impact on the ‘Right to Farm’ of
neighboring lots
Council Response: The proposed development will be setback more than 100m from the
closest boundary to a neighbouring allotment. Given the subject site itself is
utilized as a working farm, it is not anticipated that the development would
compromise the undertakings on adjoining properties. Further to this, Council
is an advocate for the Right to Farm, and has adopted the Right to Farm policy.
Should development consent be granted, an advisory condition of consent will be
imposed to re-enforce the Right to Farm policy.
· The lot does not have a dwelling entitlement and the proposed cabins
can be used as dwellings. The proposal is seeking to circumvent the LEP
requirements for a dwelling.
Council Response: As per councils assessment under Clause 1.8 of the Cabonne Local
Environmental Plan 2012 above, Council staff are satisfied that the proposed
cabins do not constitute dwellings as the proposed lodging of each cabin is
temporary and therefore cannot be classified as a domicile. To ensure the
cabins are only utilized as ‘short term accommodation’ draft
conditions of consent will be recommended to prevent the use of the cabins for
residential accommodation as well as limit the duration of each stay at the
cabins in addition to the overall use within a calendar year.
· The development would adversely impact the agricultural use of the
lot.
Council Response: The development is complementary to the agricultural use of the
lot. The applicant has provided a farm management plan that involves
undertaking improvements to the lot to improve the fertility and productivity
of the lot. The introduction of the farm stay accommodation will not adverse
impact upon this productively due to the minimal land that would be required
for the use.
· The development is not consistent with the RU1 Zone objectives
Council Response: As per Council’s assessment above, Council staff have
determined that the development is consistent with the objectives of the RU1
Primary Production Zone.
· The development will essentially change the zoning of the lot.
Council Response: The subject lot will primarily be utilsied as a working farm which
is a primary objective of the RU1 Primary Production Zone. The proposed Farm
Stay Accommodation is ancillary to the use of the lot as a working farm as
addressed above in this report.
· The development will lead to land use conflict
Council Response: The closest cabin is located 105m to the nearest adjoining
allotment. Given the subject site itself will be utilized for primary
production (as is adjoining properties) Council does not foresee any land use
conflicts arising. As stated above, Council is an advocate for the Right to
Farm policy and a condition of consent will be imposed to advise the applicants
of Council’s policy.
· The cabins could be used for up to 3 months as temporary
accommodation.
Council Response: The proponent has stated in their application that the
accommodation will only be available on a short-term basis which is reflected
through the limited utilities to be provided. Whilst the applicant has not
stated a maximum number of nights allowed, it is envisaged the development
would cater for weekend or long weekend visitors to the region (2-3 nights)
with the limited facilities available in the cabin (small kitchenette, no
laundry and limited electric appliances) not allowing for long visits. As per
above, a draft condition of consent will be imposed to limit the duration of
stays as well as the overall number of days the cabins are utilized within a
calendar year.
· The economic benefit arising from the development would mostly flow
to Orange City Council rather than Cabonne.
Council Response: This is not a matter for assessment under section 4.15 of the Environmental
Planning and Assessment Act 1979.
· The development should be moved to the proponents other lot down the
road.
Council Response: The application is for Farm Stay Accommodation on the subject lot,
Lot 12 868993, and therefore that is the location for the development that is
being assessed.
· The limited utilities (water and power) proposed will make the
cabins unusable and bookings will be required to be cancelled.
Council Response: The
bookings and running of the business, including the availability and
sufficiency of the utilities, for the cabins would be up to the landowner to
manage. As per above, to ensure the cabins remain as temporary accommodation,
the number of days each cabin can be used will be limited to 120 within a
calendar year.
PUBLIC INTEREST s4.151)(e)
The public interest is a broad consideration relating to many issues
and is not limited to the issues raised in this report. Taking into account the
full range of matters for consideration under Section 4.15 of the Environmental
Planning and Assessment 1979 (as discussed within this report) it is considered
that approval of the application is in the public interest.
OTHER LEGISLATIVE CONSIDERATIONS
Section 1.7 of the Environmental Planning and Assessment Act 1979
Section 1.7 of the Act identifies that Part 7
of the Biodiversity Conservation Act 2016 and Part 7A of the Fisheries
Management Act 1994 have effect in connection with terrestrial and aquatic
environment.
Having regard to the relevant provision and based on an inspection of
the subject property it is considered that the proposed development is not
likely to have a significant effect on any threatened species, population or
ecological communities or their habitats.
National Parks and Wildlife Act 1974
An AHIMS search was undertaken as part of the assessment of the application
and did not identify any aboriginal sites or places in the vicinity of the
subject lot.
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. Attached is a draft Notice of
Approval outlining a range of conditions considered appropriate to ensure that
the development proceeds in an acceptable manner.
OPTIONS
In determining
the application, Council has the following options:
1. Approve the development application DA2019/0010 for Farm
Stay Accommodation at Lot 12 DP 868993 subject to the attached draft conditions
of consent.
2. Refuse the Development Application DA2019/0010 for Farm
stay Accommodation at Lot 12 DP 868993
RECOMMENDATION
It is
recommended that Council adopt Option 1, as per above, to approve the
Development Application for Farm Stay Accommodation at Lot 12 DP 868993 subject
to the attached draft conditions of consent.
ITEM 12 - ADDITIONAL WORKS IN
LOCAL ROAD PROGRAM - GRAVEL RESHEETING, RESEALS AND HEAVY PATCHING
REPORT IN BRIEF
|
Reason For Report
|
Recommending
additional work programs
|
|
Policy Implications
|
Nil
|
|
Budget Implications
|
Nil
|
|
IPR Linkage
|
1.1.1.a - Complete the annual
rural and urban roads maintenance program
|
|
Annexures
|
Nil
|
|
File Number
|
\OFFICIAL
RECORDS LIBRARY\ROADS and BRIDGES\MAINTENANCE - STREETS\THOMPSON STREET CARGO
- 1017823
|
|
Recommendation
THAT council
approve the additional projects as listed in the report to be included in the
respective roads programs for 2018/2019.
|
Operations Manager Roads & Bridges' REPORT
Council engineering staff have
reviewed the road infrastructure programs for 2018/2019 and can report that the
gravel resheeting, heavy patching and resealing programs have been completed.
As part of the review, due to the scale of quantities and favourable weather
conditions, budget savings have been identified in each program.
Staff have also reviewed the road
infrastructure network to identify locations where the saved expenditure of
$56,000 in the Gravel Resheeting Program, $59,500 in the Local Road Heavy
Patching and $119,000 in the Local Road Resealing programs, could be best
utilised.
The proposed works listed below
has been compiled using asset management principles, maintenance history and
customer services requests in addition to projects recommended by councillors.
|
Sealing
|
|
|
|
Description
|
Estimated Project Costs
|
|
|
Dry Creek Road seal
|
$12,000
|
|
|
Archers Road
|
$75,000
|
|
|
Lower Lewis Ponds Road
|
$12,000
|
|
|
Back Mogong Road
|
$20,000
|
|
|
TOTAL
|
$119,000
|
|
|
Heavy Patching
|
|
|
|
Description
|
Estimated Project Costs
|
|
|
Bishop St, Cumnock
|
$14,500
|
|
|
Clyburn St, Canowindra
|
$19,000
|
|
|
Sheilds Lane, Molong
|
$26,000
|
|
|
TOTAL
|
$59,500
|
|
|
Gravel resheeting
|
|
|
|
Description
|
Estimated Project Costs
|
|
|
Dry Creek Road
|
$28,000
|
|
|
Lower Lewis Ponds Road
|
$28,000
|
|
|
TOTAL
|
$56,000
|
|
ITEM 13 - MAY 2019 LOCAL
TRAFFIC COMMITTEE MEETING
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. 20190613 May Traffic Committee Meeting Minutes⇩
|
|
File Number
|
\OFFICIAL
RECORDS LIBRARY\CORPORATE MANAGEMENT\MEETINGS\TRAFFIC COMMITTEES - 1018020
|
|
Recommendation
THAT Council
ratify the recommendations of the May 2019 Local Traffic Committee.
|
Technical Services Manager's REPORT
Attached are the
minutes of the Local Traffic Committee meeting held 30 May 2019. The items
addressed and their associated recommendations are as follows:
Item 4. Molong CBD Parking: Employment
of a part time Parking Officer
· Traffic committee recommend that Council’s position
hasn’t changed from that previous advice which is “the traffic and
parking allocations within central business district of Bank Street Molong do
not warrant the employment of a part time Parking Officer”.
Item 5. Landorange
Partnership: Relocation of existing 80 speed zone to ~ 200m north of the
proposed new entrance
· That Council respond to the resident that the DA of the Estate
should have had a design for the intersection as it was and relocation of
existing speed is not recommended.
· That Council complete a sign audit to assess the standard and
photographic evidence be submitted to Assets and Transport Coordinator.
ITEM 6. Rodd Street,
Canowindra: Installation of speed bumps
· That Council reply that Installation of speed bumps are very noisy
to the occupants and can cause poor behaviour of drivers.
· That Council complete a Traffic Survey of Rodd Street to determine
the flow of traffic.
Item 7. Belgravia Road Mullion Creek: Speed limits review
· That Council respond to the resident that the speed limits reviewed
and meets standard.
Item 8. Cadia Road: Additional Signage
· That Council respond to the Business that the signage meets standard
and suggests they can put DA for additional advertising for the nature of
business.
Item 9. Modification of Swift DA
for Nancarrow Lane/Cargo Road; Alter
traffic signage
· That Council retain the existing intersection configuration and
signage.
Item 10. Parking of Business Connect Bus on Gidley Street, Molong on
Wednesday, 10 July 2019 (8.30am to 3.30pm)
· That Council approve the proposal subject to:
o Approval from 8.30am to 3.30pm to park Bus at Gidley Street, next to
Village Green, Molong.
o The operator should set up the bus so that pedestrians do not access
the bus from the road side.
o 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 August 2018) for a Class 2 event.
o NSW Road Rules being observed by participants at all times.
o 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 parking.
o The event organiser notifying all emergency services of the event.
o Providing access for Motorist and pedestrians all the time.
o Controlling Noise as per Environmental regulation.
o Complying Council’s Law Enforcement officers’ directive.
o Maintain the area in clean and tidy condition.
o Reserve the right to
cancel the approval at any time.
ITEM 14 - 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 - 1014259
|
|
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
15 - 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 - 1014260
|
|
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 16 - 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 - 1014263
|
|
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 17 - 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 - 1014264
|
|
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.
