Agenda of Ordinary Meeting - 24 September 2019

ITEM 1 - ACKNOWLEDGEMENT OF COUNTRY

REPORT IN BRIEF

Reason For Report	To provide an opportunity for the mayor to recite an acknowledgement of country
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.1.f - Adhere to Council's Code of Conduct and Code of Meeting Practice
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\COMMUNITY RELATIONS\ISSUES MANAGEMENT\ABORIGINAL INDIGENOUS AFFAIRS - 1041480

Recommendation

THAT an Acknowledgement of Country be recited in accordance with Council’s Code of Meeting Practice policy.

General Manager REPORT

Council’s adopted Code of Meeting Practice policy includes reciting of an Acknowledgement of Country on “… special/formal occasions; at the September Council Meeting for the election of Mayor & Deputy Mayor; and at other occasions at the discretion of the Mayor…”.

An Acknowledgement of Country is where people acknowledge and show respect for the Aboriginal Traditional Custodians of the land upon which the event/meeting is taking place.

A Chair usually begins the meeting by acknowledging that the meeting is taking place in the country of the traditional owners. It reads as follows.

“I would like to acknowledge that we are here today on the land of the Wiradjuri people who are the Traditional Custodians of this land. I would also like to acknowledge the present Aboriginal and Torres Strait Islander people who may reside within this area.”

ITEM 2 - 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 - 1021263

Recommendation

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

General Manager REPORT

A call for apologies is to be made.

ITEM 3 - 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 - 1021264

Recommendation

THAT the Declarations of Interest be noted.

General Manager REPORT

A call for Declarations of Interest.

ITEM 4 - 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 - 1021265

Recommendation

THAT any Political Donations be noted.

General Manager REPORT

A call for declarations of any Political Donations.

ITEM 5 - MAYORAL ELECTIONS PROCEDURE 2019

REPORT IN BRIEF

Reason For Report	Outlining procedures for the conduct of Mayoral elections
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.1.f - Adhere to Council's Code of Conduct and Code of Meeting Practice
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\ELECTIONS\MAYORAL - 1034322

Recommendation

THAT Council:

1. Re-affirm its previous practice of conducting voting for the positions of Mayor and Deputy Mayor by preferential ballot where three or more nominations are received, otherwise by ordinary ballot.

2. Determine if it wishes details of the voting for the positions of Mayor and Deputy Mayor to be made public.

General Manager REPORT

Nominations for Mayor and Deputy Mayor

Councillors are advised that nominations for the position of Mayor and Deputy Mayor will close at 2.00pm sharp on Tuesday, 24 September 2019. Nominations must be in writing and signed by two councillors, one of whom may be the nominee. The consent for nomination must be signed by the Nominee. Should a councillor act as one nominee for oneself it is most important that they also sign the consent to nomination. Failure to do so renders the nomination invalid.

Nominations can be delivered to the General Manager or the Director of Finance and Corporate Services at the Molong Office for placement in the ballot box. The General Manager will also be in attendance on meeting day from 9.00am in the General Manager’s Office at the Council Chambers in Molong to accept any nominations.

Council should also indicate if it wishes details of voting to be made public.

Should councillors have any queries in relation to any aspect of the Mayoral Elections, they are asked to contact the General Manager or the Director of Finance and Corporate Services at their convenience.

Election Procedures

The procedure for election for the positions of Mayor and Deputy Mayor is:

1. If only one councillor is nominated, that councillor is elected.

2. If more than one councillor is nominated, the Council is to proceed by preferential ballot, by ordinary ballot or by open voting.

3. The election is to be held at the council Meeting at which the Council resolved on the method of voting.

4. The following definitions apply:

“Ballot” has its normal meaning of secret ballot;

“Open Voting” means voting by a show of hands or similar means.

It has been the practice in the past for Council to conduct voting by ordinary ballot where there are two (2) nominations and preferential ballot where three or more nominations are received. Assuming Council continues with this practice the following procedure has been set down for Preferential Voting in Part 3 of Schedule 7, Election of Mayor by councillors, in the Local Government (General) Regulation 2005.

Ordinary Voting

The ballot papers are to contain the names of both candidates councillors make their vote by placing “a mark” against the name of the candidate they wish to see elected. The candidate with an absolute majority of votes is deemed to be elected.

Preferential Voting - Ballot Papers and Voting

1. The ballot papers are to contain the names of all the candidates. The councillors are to make their votes by placing the numbers “1”, “2”, “3” and so on against the various names so as to indicate the order of their preference for the candidates. In accordance with Clause 9 of Schedule 7, councillors must show their preferences for all candidates for votes to be formal.

2. The formality of a ballot-paper under this Part is to be determined in accordance with Clause 345 (1)(b); (1)(c) and (5) of this Regulation as if it were a ballot paper referred to in that clause.

3. An informal ballot paper must be rejected at the count.

Count

1. If a candidate has an absolute majority of first preference votes, that candidate is elected.

2. If not, the candidate with the lowest number of first preference votes is excluded and the votes on the unexhausted ballot-papers counted to him or her are transferred to the candidates with second preferences on those ballot- papers.

3. A candidate who then has an absolute majority of votes is elected, but, if no candidate then has an absolute majority of votes, the process of excluding the candidate who has the lowest number of votes and counting each of his or her unexhausted ballot-papers to the candidates remaining in the election next in order of the voter’s preferences is repeated until one candidate has received an absolute majority of votes. The latter is elected.

4. In this clause “absolute majority” in relation to votes means a number which is more than one half of the number of unexhausted formal ballot-papers.

Tied Candidates

1. If, on any count of votes, the numbers of votes cast for 2 candidates are equal and;

a) those candidates are the only candidates in the election - the candidate whose name is first chosen by lot is taken to have received an absolute majority of votes and is therefore taken to be elected; or

b) those candidates are the ones with the lowest number of votes on the count of the votes - the candidate whose name is first chosen by lot is taken to have the lowest number of votes and is therefore excluded.

2. If, on any count of votes, the numbers of votes cast for 3 or more candidates are equal and the lowest number of votes on the count of the votes - the candidate whose name is first chosen by lot is taken to have the lowest number of votes and is therefore excluded.

Choosing by Lot

To choose a candidate by lot, the names of the candidates who have equal numbers of votes are written on similar slips of paper by the Returning Officer, the slips are folded by the Returning Officer, so as to prevent the names being seen, the slips are mixed, (placed in a vial) and one is drawn at random by the Returning Officer and the candidate whose name is on the drawn slip is chosen.

Result

The result of the election (including the name of the candidate elected as mayor or deputy mayor) is:

a) to be declared to the councillors at the council meeting at which the election is held by the returning officer, and

b) to be delivered or sent to the Office of Local Government and to the Secretary of Local Government NSW.

For the purpose of this election the General Manager has appointed the Director of Finance and Corporate Services as the Returning Officer.

ITEM 6 - ELECTION OF MAYOR FOR 2019/2020

REPORT IN BRIEF

Reason For Report	To allow the election of the Mayor for 2019/2020
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.1.f - Adhere to Council's Code of Conduct and Code of Meeting Practice
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\ELECTIONS\MAYORAL - 1034325

Recommendation

THAT the General Manager proceed with the requirements for the election of the Mayor for Cabonne Council as detailed in the item relating to the determination of requirements for the election process.

General Manager REPORT

Following the determination by Council of the item relating to the determination of requirements for the election process, a resolution for the General Manager to proceed with the election of the Mayor is required.

For the purpose of this election the General Manager has appointed the Director of Finance and Corporate Services as the Returning Officer.

ITEM 7 - ELECTION OF DEPUTY MAYOR 2019/2020

REPORT IN BRIEF

Reason For Report	To allow elections for Deputy Mayor for 2019/2020
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.1.f - Adhere to Council's Code of Conduct and Code of Meeting Practice
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\ELECTIONS\MAYORAL - 1034327

Recommendation

THAT the General Manager proceed with the requirements for the election of the Deputy Mayor for Cabonne Council as detailed in the item relating to the determination of requirements for the election process.

General Manager REPORT

For the purpose of this election the General Manager has appointed the Director of Finance and Corporate Services as the Returning Officer.

ITEM 8 - DESTRUCTION OF BALLOT PAPERS

REPORT IN BRIEF

Reason For Report	For Council to determine whether ballot papers need to be destroyed
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.1.f - Adhere to Council's Code of Conduct and Code of Meeting Practice
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\PROCEDURES - 1034328

Recommendation

THAT the ballot papers for the positions of Mayor and Deputy Mayor be destroyed upon the completion of formalities associated with the respective ballots.

General Manager REPORT

Following the election of Mayor and Deputy Mayor a resolution is required as to disposal of the ballot papers.

Traditionally Cabonne Council has destroyed the ballot papers upon the completion of formalities associated with the respective ballots.

ITEM 9 - DELEGATION TO MAYOR AND DEPUTY MAYOR (IN MAYOR'S ABSENCE)

REPORT IN BRIEF

Reason For Report	To reaffirm the delegation to the successful candidates elected as Mayor and Deputy Mayor
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.1.f - Adhere to Council's Code of Conduct and Code of Meeting Practice
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\CORPORATE MANAGEMENT\AUTHORISATIONS\DELEGATIONS - 1034330

Recommendation

THAT subject to not receiving direction from the Council as to the consideration of any particular matter by the Council itself and subject to the requirements of the Local Government Act 1993 and Regulations thereunder and any express policy of the Council or regulations of any public authority other than the Council and pursuant to the powers conferred on Council by s377 of the Local Government Act 1993, the Mayor (name in full to be inserted) and, where allowed, in his/her absence the Deputy Mayor (name in full to be inserted) be authorised to exercise or perform on behalf of the Council the powers, authorities, duties and functions as follows:

1. To incur expenditure up to the sum of $3,000 for incidental expenses, within approved votes of Council.

2. To receive a public interest disclosure in circumstances assigned to the position of Mayor in Council’s Public Interest Disclosure (Internal Reporting) Policy.

General Manager REPORT

Following the elections for Mayor and Deputy Mayor, it is necessary for Council to re-affirm the delegation to the successful candidates. This is in addition to such other powers as are conferred under the Local Government Act 1993.

ITEM 10 - 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 - 1021266

Recommendation

THAT the information contained in the Mayoral Minute be noted.

General Manager REPORT

A call for the Mayoral appointments and attendances as well as other Councillors’ activities reports to be tabled/read out.

ITEM 11 - 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 - 1021268

Recommendation

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

General Manager 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 12 - 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 - 1021270

Recommendation

THAT:

1. Councillors call any items they wish to further consider

2. Items 14 to 20 be moved and seconded.

General Manager REPORT

Items 14 to 20 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 13 - 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. September 10 2019 Extraordinary Council Meeting Minutes ⇩ 2. August 27 2019 Ordinary Council Meeting Minutes ⇩
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - MINUTES - 2019 - 1021271

Recommendation

THAT the minutes of the Ordinary meeting held 27 August 2019 and Extraordinary meeting held 10 September 2019 be adopted.

General Manager REPORT

The following minutes are attached for endorsement:

1. Minutes of the Ordinary Council meeting held on 27 August 2019.

2. Minutes of the Extraordinary Council meeting held on 10 September 2019.

ITEM 14 - ADOPTION OF PROCUREMENT POLICY

REPORT IN BRIEF

Reason For Report	To update council's procurement policy so that it caters for the increased purchasing thresholds
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.5.c - Comply with internal audit requirements
Annexures	1. Procurement (Incorporated Local Supplier Preference) Policy ⇩
File Number	\OFFICIAL RECORDS LIBRARY\CORPORATE MANAGEMENT\POLICY\POLICY CORRESPONDENCE - 1038268

Recommendation

THAT Council adopt the update Procurement Policy as annexed to this report.

Director of Finance and Corporate Services' REPORT

The State Government has increased the threshold to $250,000 from $150,000, below which council’s do not have to undertake a full competitive tendering process as per Section 55 of the Local Government Act. The threshold for contracts involving services provided by Council employees has remained at $150,000.

Council is therefore changing its procurement policy to cater for the higher threshold which means that Council will not be required to go through a full tender process for goods and/or services valued below $250,000 (including GST). Thresholds for lower amount requiring quotes have also been increased.

These thresholds are now as follows:

Value of Goods and Services (GST Incl)	Process Required
Up to $500	Seek 1 quote
$501 to $5,000	Minimum of 1 quote
$5,001 to $20,000	Minimum of 2 written quotes
$20,001 to $80,000	Minimum of 3 written quotes
$80,001 to $249,999	Formal Request For Quotation (RFQ) – treat similar to Tender
$250,000 and above	Full Tender process to be followed

The revised thresholds will speed up the procurement of goods and services due to lower administrative effort being required for a given amount.

ITEM 15 - ENGAGEMENT OF THE NEW SOUTH WALES ELECTORAL COMMISSIONER TO CONDUCT COUNCIL ELECTIONS

REPORT IN BRIEF

Reason For Report	For Council to resolve to engage the NSW Electoral Commission (NSWEC) to conduct elections
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\ELECTIONS\ELECTORAL BODIES - NSW ELECTORAL COMMISSION - 1041701

Recommendation

THAT Council:

1. Pursuant to s. 296(2), (3) and (5A) of the Local Government Act 1993 (NSW) (“the Act”) that an election arrangement be entered into by contract for the Electoral Commissioner to administer all elections of the Council.

2. Pursuant to s. 296(2), (3) and (5A) of the Act, as applied and modified by s. 18, that a council poll arrangement be entered into by contract for the Electoral Commissioner to administer all council polls of the Council.

3. Pursuant to s. 296(2), (3) and (5A) of the Act, as applied and modified by s. 18, a constitutional referendum arrangement be entered into by contract for the Electoral Commissioner to administer all constitutional referenda of the Council.

Administration Manager's REPORT

Council resolved at its February Council meeting:

THAT Council:

1. Pursuant to s. 296(2) and (3) of the Local Government Act 1993 (NSW) (“the Act”) an election arrangement be entered into by contract for the Electoral Commissioner to administer all elections of the Council.

2. Pursuant to s. 296(2) and (3) of the Act, as applied and modified by s. 18, a council poll arrangement be entered into by contract for the Electoral Commissioner to administer all council polls of the Council.

3. Pursuant to s. 296(2) and (3) of the Act, as applied and modified by s. 18, a constitutional referendum arrangement be entered into by contract for the Electoral Commissioner to administer all constitutional referenda of the Council.

Recent amendments to the Local Government Act 1993 require a new resolution to be made by 1 October 2019.

Under Section (5A) without limiting subsection (5), an election arrangement for the Electoral Commissioner to administer all elections of a council that is to include the ordinary election of councillors in 2020, or to administer that particular election, may be entered into if:

a) the council resolves on or before 1 October 2019 that an arrangement is to be entered into, and

b) the arrangement is entered into on or before 1 January 2020.

ITEM 16 - 70A GASKILL STREET, CANOWINDRA - LEASE AGREEMENT

REPORT IN BRIEF

Reason For Report	For Council to consider Canowindra Arts Inc. request to extend current lease agreement
Policy Implications	Nil
Budget Implications	Possible loss of income
IPR Linkage	4.4.1.c - Provide assistance to community groups
Annexures	1. Canowindra Arts Inc - Request for extension to current lease agreement - 70A Gaskill St, Canowindra ⇩
File Number	\OFFICIAL RECORDS LIBRARY\COUNCIL PROPERTIES\LEASING OUT\CANOWINDRA - 70A GASKILL STREET - 1041900

Recommendation

THAT Council extend the current lease agreement with Canowindra Arts Incorporated under the terms of the previous twelve months.

Administration Manager's REPORT

Council at its August 2018 Ordinary meeting resolved to accept the request from Canowindra Arts Inc. to fully subsidise the rent payable for a twelve-month period and in return Canowindra Arts Inc. agreed to refurbish the interior of the building.

Canowindra Arts Inc. wrote to Council in June 2019 and provided an update on the progress and status of the group and invited councillors to tour the gallery to experience first hand the work the group had put in. Councillors participated in a tour of the gallery when they visited Canowindra during Local Government Week.

The current lease agreement is due to expire on 8 October 2019 and Canowindra Arts Inc. have requested (annexed) an extension to the rent-free lease agreement until the end of 2020.

Council should note that Canowindra Arts Inc. cover the water, electricity and insurance costs but at this stage have advised they cannot afford the rental costs.

ITEM 17 - AUGUST 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. 20190829 Traffic Committee Minutes - Annexure ⇩
File Number	\OFFICIAL RECORDS LIBRARY\CORPORATE MANAGEMENT\MEETINGS\TRAFFIC COMMITTEES - 1041453

Recommendation

THAT Council ratify the recommendations of the August 2019 Local Traffic Committee.

Director of Engineering & Technical Services' REPORT

Attached are the minutes of the Local Traffic Committee meeting(LTC) held 29 August 2019. The items addressed and their associated recommendations are as follows:

Item 3. Matar Stables Bullio Cup Endurance Horse Ride traverses through Canobolas State Forest and neighbouring farm lands on 2-11-2019 and 3-11-2019 (1:30am-3:30pm)

· THAT Council approve the request subject to:

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 Written approval being obtained from NSW Police.

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

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

o Provided lighting to be organised for road crossings, appropriate speed reductions, times for road closures and spotters for where the horses are to cross the roads.

o 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. Canowindra Open Day & Community Street Party on Gaskill street between Finn’s Lane and Blatchford street, 21-03-2020 (9:00am-9:00pm).

· THAT Council respond to the Organisers to send a Traffic Control Plan for assessment in next LTC meeting.

Item 5. Australian National Field Days at ANFD site Borenore on 24-10-2019 to 26-10-2019 (6:30am-5:00pm daily)

· THAT Council approve the request subject to:

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

o Providing Hinged speed zone signs.

o Providing Road Occupancy License (ROL) for State Road. The Escort Way is a State road and as such a Road Occupancy License (ROL) needs to be applied for via OpLink by ANFD. TCP author Chris Blackhall can make this application on behalf of ANFD.

o Written approval being obtained from NSW Police.

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

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

o 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. Zoo 2 Zoo Bike Ride (Sydney to Dubbo), use numerous local roads in Cabonne LGA on 17-10-2019 to 20-10-2019

· THAT Council reject the request as the Event organisers couldn’t send the TCP applicable for the event and for not mentioning Cabonne Council as an interested party on Public Liability Insurance.

Item 7. The Drought Ride (A Charity cycle Event) on roads between Eugowra & Molong on 08-11-2019 to 09-11-2019.

· THAT Council approve the request subject to:

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

o Providing Road Occupancy License (ROL) for State Road. The Escort Way is a State road and as such a Road Occupancy License (ROL) needs to be applied for via OpLink by Turbo Studio.

o Written approval being obtained from NSW Police.

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

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

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

Item 8. Orange Running Festival 2020 to use Spring Terrace & Spring Hill Areas on 08-03-2019(06:30AM - 1:00PM).

· THAT Council approve the request subject to:

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

o Written approval being obtained from NSW Police.

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

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

o The event organiser notifying of the event details to the concerned/ affected residents.

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

Item 9. Molong CBD Traffic: Double white continuous line markings in Bank street

· That Council respond to growMolong that existing double white continuous line markings are reviewed and LTC contented with the status quo.

· THAT Council conduct community consultation to Install 40km High Pedestrian Activity sign in Bank street Molong, prior to writing to Roads and Maritime Services for speed review.

Item 10. Extension of School Bus Route from Baldry road to 4Km section along Gumble road.

· THAT a council supply a letter of support subject to:

o Written approval or License received from Transport Authority of NSW to operate the school bus services in regional NSW.

o NSW Road Rules being observed by operators at all times.

o All National and State safety guidelines to conduct the school bus services in regional NSW are followed.

Item 11. RMS speed zone review

· THAT Council acknowledges speed zone review for Cadia Road (LR247) by RMS.

Item 12. Placement of T- intersection signs on Lower Lewis Ponds Road

· THAT Council approve the installation of T intersection signs on either side of White Lane from Lower Lewis Ponds Road to provide warning of upcoming intersection.

ITEM 18 - RESTART NSW FUNDING DEED - VITTORIA ROAD SHOULDER REHABILITATION AND SAFETY IMPROVEMENT PROJECT

REPORT IN BRIEF

Reason For Report	Council to approve and accept the funding deed.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	1.4.1.b - Construction of regional roads
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\ROADS and BRIDGES\PROGRAMS\FIXING COUNTRY ROADS 2018 - 2019 - 1040510

Recommendation

THAT Council:

1. Accept funds of $1,238,000 from Restart NSW for the Vittoria Road Shoulder Rehabilitation and Safety Improvement Project, and

2. Authorise the affixing of the Common Seal to the funding agreements for the Fixing Country Roads projects.

Director of Engineering & Technical Services' REPORT

Council has received confirmation from Restart NSW that it was successful in receiving funding for the Vittoria Road Shoulder Rehabilitation and Safety Improvement Project under the Fixing Country Roads projects.

Council applied for this funding to improve the standard, efficiency and safety of a 5.5km stretch of Vittoria Road for the benefit of all users. Vittoria Road runs between the Mitchell Highway (A32) and Millthorpe and links through to the Mid-Western Highway (A41). It is a key connecting road for many freight applications and provides access to the region’s Cadia Valley Mine.

The approved funding for this project is $1,238,000.

It is recommended to accept the funds from Restart NSW and authorise the affixing of the Common Seal to the funding agreement.

ITEM 19 - DEED OF LICENCE FOR CABONNE COUNCIL'S OCCUPANCY AT ESSENTIAL ENERGY'S KARUGA RADIO SITE, YEOVAL

REPORT IN BRIEF

Reason For Report	Requesting Council's seal on Deed of Licence for Cabonne Council's occupancy at Essential Energy's Karuga radio site, Yeoval
Policy Implications	Nil
Budget Implications	Annual Licence fee of $8,263.01 excl GST increased at CPI over the term of the Licence.
IPR Linkage	4.5.5.h - Provide, maintain and develop financial services and systems to accepted standards - satisfying regulatory and customer requirements
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\ENERGY SUPPLY AND TELECOMMUNICATIONS\PERMITS\APPARATUS LICENCES - 1040966

Recommendation

THAT Council’s seal be affixed to the Deed of Licence for Cabonne Council’s occupancy at the Essential Energy Karuga Radio site, Yeoval.

Director of Engineering & Technical Services' REPORT

Council has received the new five-year Deed of Licence from Essential Energy which covers the use of Karuga Park site, Curra Creek, 8km north-east of Yeoval. This site is necessary to cover an area where radio reception ranges from very poor to non-existent due to the terrain difficulties that exist in the north western area of the LGA.

This lease runs from 1 December 2019 until 30 November 2024 and has a scheduled fee of $8,263.01 per annum excluding GST, with ongoing CPI increases per annum.

This arrangement continues the most cost-effective solution to operate Council’s private radio network.

ITEM 20 - 2019 NATIONAL LOCAL ROADS AND TRANSPORT CONGRESS

REPORT IN BRIEF

Reason For Report	Council to nominate a delegate to attend the 2019 National Local Roads and Transport Congress to held 18-20 November in Adelaide.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	1.1.3.a - Provide Road Maintenance service to RMS
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNMENT RELATIONS\LOCAL AND REGIONAL LIAISON\AUSTRALIAN LOCAL GOVERNMENT ASSOCIATION - 1041671

Recommendation

THAT Council nominate delegates to attend the 2019 National Roads & Transport Congress.

General Manager’S REPORT

The 2019 National Local Roads and Transport Congress will be held in Adelaide from 18 – 20 November 2019.

Council has a standing resolution to have a delegate or delegates attend the annual National Local Roads and Transport Congress.

The National Local Roads and Transport Congress provides Council with the opportunity to hear from leading thinkers and practitioners who are driving the national road and transport agenda.

Cabonne’s delegation in previous years has included the Mayor (or alternate) and the Director of Engineering and Technical Services (DETS) or General Manager.

ITEM 21 - REQUESTS FOR DONATION

REPORT IN BRIEF

Reason For Report	For Council to consider the requests received for donations
Policy Implications	Nil
Budget Implications	To be funded from existing budget allocation
IPR Linkage	4.4.1.c - Provide assistance to community groups
Annexures	1. School Run 4 Fun Flyer ⇩ 2. Request from Students ⇩ 3. P&F Request for Colour Run ⇩ 4. Trivia night sponsors and donations ⇩ 5. Poster - Raising awareness for Mental Health Month ⇩ 6. Canowindra Twisted Trivia Night ⇩
File Number	\OFFICIAL RECORDS LIBRARY\COMMUNITY RELATIONS\SPONSORSHIP - DONATIONS\SPONSORSHIP - DONATIONS - 2019 - 1041583

Recommendation

THAT Council donate:

1. $100 to St Joseph’s Primary School at Eugowra for their colour run.

2. $500 to the Twisted Trivia event at Canowindra.

Community Services Manager's REPORT

Eugowra St Joseph’s Primary School P&F are hosting a Colour Fun Run and Family Fun Day on 21October 2019. The funds raised will contribute to rebuilding the basketball courts at the school. It is expected that 50-100 people will participate in the event.

The P&F are requesting financial assistance to purchase the coloured powder for the run. Students, Lucy Philipzen and Gaby Wren have also written to Council requesting assistance.

The Community Services Manager proposes a donation of $100 to assist with purchasing the colour powder for the event.

A Twisted Trivia Night is an event being planned by Eleena Markcrow, a Canowindra local. Eleena currently hosts the Sunday Sessions at the Canowindra Bowling Club, and has been asked by the community to host an event for Mental Health Month to raise awareness of both mental health and the facilities available to the community. The community event, a twisted trivia night is planned for Saturday, 26 October 2019. This event is not-for-profit and all money donated will be used for services and to purchase prizes.

Sponsors already on board including the Canowindra Services Club who are wavering the hall hire costs, CKC Accounting Canowindra and Frontier Touring Australia who have donated prizes including a major prize of tickets to a Paul Kelly show.

The Community Services Manager proposes donating $500 to fund the live entertainment for the evening.

ITEM 22 - AUSTRALIA DAY 2020

REPORT IN BRIEF

Reason For Report	Notifying councillors of the schedule for Australia Day 2020
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.4.1.d - Facilitate Australia Day events annually
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\RECREATION AND CULTURAL SERVICES\EVENTS MANAGEMENT\AUSTRALIA DAY 2018 - 1041594

Recommendation

THAT Council note the schedule for Australia Day 2020.

Administration Officer's REPORT

Preparations for Australia Day 2020 are underway with registration for the Ambassador program lodged with the National Australia Day Council.

Based on previous years it is expected that the Australia Day Ambassador will be announced in late November 2019.

Official Party Timetable

Council resolved in 2010 that as a matter of policy:

Visits to various Australia Day celebration events throughout the Cabonne LGA by the Official Party shall be based on a three-year rotating cycle with provision for adding or deleting localities as required.

The rotation has been as follows:

2017 – Mullion Creek, Cargo and Canowindra

2018 – Borenore/Nashdale, Cudal, Manildra and Yeoval

2019 – Cumnock, Molong and Eugowra

In 2020, the Official Party will visit Mullion Creek, Cargo and Canowindra

Nominations

Nominations for Citizen of the Year, Young Citizen of the Year and Community Group of the Year opened on 6 September 2019.

Nomination forms are available to download from Council’s website and Facebook page and hard copies are available at its Molong, Cudal and Canowindra offices.

All Australia Day Committees/Progress Associations and schools have also been sent nomination forms.

Nominations will close 5pm on Friday 4 October 2019 for determination at the Australia Day Awards Committee Meeting to be held on Tuesday 22 October 2019 following the Ordinary Council Meeting.

Promotion and Determination

Councillors are asked for their continued support by spreading the word in their local area now that nominations are open. To maintain the community involvement and transparency of the process councillors may ONLY nominate in cases where no nominations have been received.

Council encourages all Australia Day Committees to continue with their Australia Day celebrations and have offered support by way of promotion of their events and Council representation on the day for award presentations for those towns not included in the official itinerary this year.

ITEM 23 - STRONGER COUNTRY COMMUNITIES FUND - ROUND THREE

REPORT IN BRIEF

Reason For Report	For Council to consider an additional project for submission to the Stronger Country Communities Fund
Policy Implications	Nil
Budget Implications	Potential increase of $100,000 to Council's contribution towards projects nominated by Council under the Stronger Country Communities Fund
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\STRONGER COUNTRY COMMUNITIES FUND - ROUND 3 - 1041642

Recommendation

THAT Council:

1. Submit an additional project for funding of $401,740 under round three of the Stronger Country Communities Fund (SCCF) for an upgrade of the Yeoval Recreation Ground as requested by Yeoval Progress Association.

2. Makes of co-contribution of $100,000 towards the upgrade of the Yeoval Recreation Ground should the funding application be successful.

3. Funds the co-contribution of $100,000 from Reserves to be identified at the 30 September 2019 Quarterly Budget Review.

Community Engagement and Development Manager's REPORT

BACKGROUND

At its August Ordinary meeting, Council resolved to submit the following two applications for funding under round three of the Stronger Country Communities Fund (SCCF):

Project 1: Lighting Upgrade at Dr Andrew Ross Memorial Recreation Ground ‘The Rec’, Molong

Total cost: $377,200

Funding Sought: $200,000

Project 2: Lighting Upgrade at Tom Clyburn Oval, Canowindra

Total cost: $377,200

Funding Sought: $200,000

Following this, Yeoval Progress Association addressed Council’s workshop on 10 September 2019 requesting Council to make an additional nomination for an upgrade of the Yeoval Recreation Ground. A concept plan for the site was presented and a preliminary budget for works has now been provided.

PROPOSAL

The proposed works come to a total of $501,740 which is inclusive of a 20% contingency amount and a $10,000 project management/contract administration fee.

Proposed improvements include:

· Upgrade to surface of tennis courts and installation of hitting wall

· Install outdoor ping pong tables for youth

· Install youth furniture to shelter & court area

· Install seating step/retaining wall to oval

· Install shared concrete path and outdoor exercise equipment

· Install storage shed on a concrete slab for sporting clubs & schools

· Additional tree planting

COUNCIL CONTRIBUTION

Thus far Council has nominated two projects with a total grant request of $400,000 after resolving to make a financial co-contribution of $177,200 per project. It may be considered appropriate for Council also to make a financial contribution to the Yeoval project.

ITEM 24 - 2019-20 COMMUNITY ASSISTANCE PROGRAM

REPORT IN BRIEF

Reason For Report	To consider projects for funding under Council's 2019-20 Community Assistance Program
Policy Implications	Nil
Budget Implications	Possible $42,717.94 expenditure from $66,676 (excluding overheads) allocated in Council's Budget for the 2019-20 Community Assistance Program
IPR Linkage	4.3.1.a - Operate Community Assistance Program (CAP)
Annexures	1. Cumnock Progress Association ⇩ 2. All Saints Anglican Church ⇩ 3. Canowindra Public School P & C Associaiton ⇩ 4. Molong Advancement Group ⇩ 5. Manildra and District Improvement Association ⇩ 6. Molong Historical Society ⇩
File Number	\OFFICIAL RECORDS LIBRARY\GRANTS AND SUBSIDIES\PROGRAMS\COMMUNITY ASSISTANCE PROGRAM 2019-2020 - 1037897

Recommendation

THAT Council:

1. Approve Community Assistance Program (CAP) funding for Applications 1,2,4,5 and 6 of the report.

2. Council allocate $1,981 from the Community Facilitation Fund to Molong Advancement Group to enable it to meet the 50:50 contribution condition for Application 4.

3. Conduct a further round of Community Assistance Program funding in the second half of the 2019-2020 financial year.

Community Engagement and Development Manager's REPORT

Council allocated $66,676 in its current budget for the 2019-20 Community Assistance Program (CAP). Not-for-profit community groups were invited to apply for community-related projects on non-commercial facilities which provide ongoing or sustainable benefits to Cabonne communities.

Grants are allocated on a 50:50 basis, but communities can provide their half of the funding through voluntary labour or in-kind contributions.

Council received six applications for projects totalling $42,718. Should Council allocate funding to these six projects $23,958 will be available for a second round of CAP funding early in 2020.

The full list of applications for this round of CAP funding is as follows:

	Location	Applicant	Project	Funding Requested
1	Cumnock	Cumnock Progress Association	Community Lending Library House	$600
2	Canowindra	All Saints Anglican Church Canowindra	Replacement of water service delivery line to All Saints buildings	$1,750
3	Canowindra	Canowindra Public School P & C Association	‘Getting Kids Active’ Resurfacing of basketball/netball court on level 2	$12,854
4	Molong	Molong Advancement Group	Master Plans for Molong Recreation Ground, Molong Showround/Golf Course and Hunter Caldwell Reserve	$7,481*
5	Manildra	MADIA	Water tank and sprinkler system in Montana Park	$5,033
6	Molong	Molong Historical Society Inc	Repairs & Maintenance to Front Veranda	$15,000
			Sub-total	$42,718
			Total budget	$66,676
			Remainder	$23,958

It should be noted in regard to the Canowindra Public School P&C Association application was also submitted last year and was rejected due to the fact that assets on school land are the remit of the NSW Education Department. Although the P&C Association is a community group which undertakes fund-raising to provide additional facilities for school children, it is suggested this request is best facilitated by the Department of Education.

* Molong Advancement Group (MAG) submitted two options for funding:

Option A was for funding of $7,481 to engage consultants Sala4D to develop three master plans, incorporating Molong Recreation Ground, Molong Showground/Golf Course and Hunter Caldwell Park.

Option B was for funding of $5,499.50 to engage consultants Sala4D to develop two master plans, incorporating Molong Recreation Ground and Molong Showground/Golf Course.

MAG is in a position to provide a $5,500 cash contribution. This meets the 50:50 contribution condition of CAP funding for Option B.

Option A would leave a cash shortfall of $1,981 to meet the 50:50 contribution condition.

However, there would be considerable benefits to Cabonne Council to have master plans developed for Molong Recreation Ground, Molong Showground/Golf Course and Hunter Caldwell Park.

For this reason, Council may wish to contribute $1,981 from its Community Facilitation Fund to MAG to facilitate the development of the three master plans, which would have ongoing benefits to the Molong community. With the need for master plans to be prepared by suitably qualified consultants, there is no opportunity for MAG to supplement its contribution with voluntary labour or in-kind support.

The Mayor and Deputy Mayor are authorised to jointly approve allocations from the Community Facilitation Fund up to an amount of $3,000. Allocations exceeding $3,000 can be made with the approval of Council.

ITEM 25 - BUILDING BETTER REGIONS FUND

REPORT IN BRIEF

Reason For Report	To inform Council of fund objectives and guidelines
Policy Implications	Nil
Budget Implications	Potential 50% co-contribution requirement for any nominated project.
IPR Linkage	2.1.1.a - Implement strategies from Regional Economic Development Strategy (REDS)
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GRANTS AND SUBSIDIES\PROGRAMS\SPECIAL PURPOSE - 1040078

Recommendation

THAT Council consider potential projects to nominate for funding under the Building Better Regions Fund.

Community Engagement and Development Manager's REPORT

At the August Ordinary meeting, Council was addressed by the Federal Member for Calare, Andrew Gee, who informed Council of a new round of funding which would be available soon under the Building Better Regions Fund. This funding opportunity comprises of two streams:

1. Infrastructure Projects Stream

2. Community Investments Stream

As per the previous rounds of funding under this program, further information* to consider regarding this opportunity is outlined below:

Infrastructure Projects Stream
The infrastructure Projects Stream supports projects which involve the construction of new infrastructure, or the upgrade or extension of existing infrastructure that provide economic and social benefits to regional and remote areas. *Projects should have progressed beyond the concept stage and, if successfully funded, be ready for commencement shortly after executing the grant agreement.*
Funding range	$20,000 - $10 million
Co-Contribution requirement	50% of project cost unless exceptional circumstances can be proven and accepted by the Minister
Merit Criteria	· Economic benefit of the project for your region · Social benefits of the project for your region · Project delivery capacity · Impact of grant funding

Community Investments Stream
The Community Investments Stream funds community activities, such as new or expanded local events, strategic regional plans and leadership and capability strengthening activities These projects will deliver economic and social benefits to regional and remote communities. Infrastructure activities are not eligible for the Community Investments Stream.
Funding range	$5,000 - $10 million
Co-Contribution requirement	Project cost <$20,000 = nil contribution Project cost >$20,000 a contribution of 50% of project cost unless exceptional circumstances can be proven and accepted by the Minister
Merit Criteria	· Economic benefit of the project for your region · Social benefits of the project for your region · Project delivery capacity · Impact of grant funding

Should Council consider nominating suitable projects, a cash co-contribution of up to 50% of the total project cost will need to be supplied through Council’s own financial resources.

* The information noted above is sourced from previous round guidelines and is subject to change pending the release of guidelines for the upcoming round.

ITEM 26 - EVENTS ASSISTANCE PROGRAM 2019/20

REPORT IN BRIEF

Reason For Report	For council to consider applications for funding under the 2019/20 Events Assistance Program.
Policy Implications	Nil
Budget Implications	To be funded from the 2019/20 Events Assistance Program
IPR Linkage	4.4.1.b - Implement funding opportunities through the Events Assistance Program
Annexures	1. Australian National Field Days ⇩ 2. Eugowra Village Murals Weekend ⇩ 3. Fanny Lumsden's Country Halls Tour ⇩ 4. The Molong Banjo Paterson Dinner ⇩
File Number	\OFFICIAL RECORDS LIBRARY\GRANTS AND SUBSIDIES\PROGRAMS\EVENTS ASSISTANCE PROGRAM 2019 - 2020 - 1041777

Recommendation

THAT Council approve funding under the 2019/2020 Events Assistance Program (EAP) to the following events:

1. Australian National Field Days $2,500

2. The Eugowra Village Murals Weekend $2,000

3. Fanny Lumsden’s Country Halls Tour $500

4. The Molong Banjo Paterson Dinner $1,000

Community Engagement and Development Manager's REPORT

Council has received four applications under the 2019/2020 Events Assistance Program (EAP) for events that promote Cabonne and attract visitors.

Council’s Tourism and Community Engagement Coordinators have provided the following assessments.

Application 1

Organisation: Australian National Field Days

Event: Australian National Field Days (ANFD)

Date: 24 - 26 October 2019

Requested amount: $2,500

Reason for funding: A contribution towards offsetting the marketing, promotion and event management commitments

Event Description:

The Australian National Field Days is the oldest agricultural event in Australia and the largest single event in the Cabonne Local Government Area. The event attracts around 600 exhibitors from across the nation and draws approximately 20,000 people to the event each year.

The program is the main information guide for visitors and exhibitors but is also a key promotional tool. It will be inserted in local newspapers and delivered to 15,000 rural mailboxes within a 200-kilometre radius of Molong, as well as being distributed on site during the field days.

Cabonne Council will be advertising in this publication to promote the ‘Made in Cabonne’ pavilion.

Assessment:

This application meets the Event Assistance Program funding objectives of a flagship event. Its aim is to attract visitation to the area and support a number of Cabonne business enterprises and raise the profile of Cabonne.

In 2018, Council supported this event with EAP funding totalling $2,500.

Application 2

Organisation: Eugowra Promotion and Progress Association

Event: The Eugowra Village Murals Weekend

Date: 2-3 May 2020

Requested amount: $2,000

Reason for funding: A contribution towards the purchase of paint, mural panels and structural steel.

Event Description:

The Murals Weekend has been conducted annually for the past eight years. During this time, Eugowra have hosted 18-36 professional artists and sign writers whom have completed 35 murals that showcase the history of the Eugowra community. The murals are then displayed around the village, which helps to attract tourists to experience the Eugowra Mural Trail.

Assessment:

This application meets the Event Assistance Program funding objectives of a core event. Its aim is to attract visitation to the area, support a number of Cabonne business enterprises and raise the profile of Cabonne.

Application 3

Organisation: Eugowra Events & Tourism Association

Event: Fanny Lumsden’s Country Halls Tour

Date: 27 September 2019

Requested Amount: $500

Reason for Funding: Contribution towards the offset of promotional and marketing expenses.

Event Description:

Eugowra Events and Tourism have managed to secure Eugowra as part of country music artist Fanny Lumsden’s Country Halls Tour. This is expected to be a family night of music and entertainment for the local community and region as a whole.

Fanny is a very popular family entertainer, with crowds following her to venues. Many of these people will be visiting Eugowra for the first time and experiencing what Cabonne has to offer.

Assessment:

The concert meets the Events Assistance program guidelines of a developing event for which the level of funding is $500.

Application 4

Organisation: Molong Advancement Group

Event: Banjo Paterson Dinner

Date: 22 February 2020

Requested Amount: $1,600

Reason for Funding: Contribution towards the offset of promotional and marketing expenses.

Event Description:

This is the second year this event has been held during the Banjo Paterson Festival, incorporating Orange and surrounding villages. It will complement events being held at Yeoval and Manildra, as well as those being conducted in Orange.

Molong Advancement Group believes the event will attract about 250 guests. Eat Your Greens at Eugowra will prove a four-course meal and wine for each course will be provided by the Orange Vignerons Association. Entertainment will include live music and readings of Banjo Paterson Poems.

The dinner will help to raise funds for local schools and sporting groups. The event was held last year and received great reviews. Council provided $1,000 in EAP funding for the event in 2019.

Assessment:

The application meets the Event Assistance Program funding objectives of a core event. Its aim is to attract visitation to the area and support a number of Cabonne business enterprises. The recommendation is to contribute $1,000.

Events Assistance Program Expenditure

2019 - 2020 Funding Allocation $53,803

23 July Canowindra Baroquefest $2000.00

23 July Melbourne Cup Visits Yeoval $2000.00

23 July Canobolas Endurance Riders $1000.00

23 July The Canowindra Phoenix Christmas in July $500.00

27 August 2019 Orange Wine Festival $5,000.00

27 August PINK UP Molong $2,000.00

27 August NSW Disc Golf Championships $500

Total Expenditure $13,000.00

Funds Remaining $40,803.00

ITEM 27 - DEVELOPMENT APPLICATION 2019/135 - DWELLING, SWIMMING POOL, WATER TANKS AND STORAGE SHED - LOT 10 DP 1135607, 31 RODDA DRIVE, CUDAL.

REPORT IN BRIEF

Reason For Report	Council's determination required should s88B restriction as to user be varied for this land
Policy Implications	Variation sought to boundary set backs as established by DCP 6
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 DA 2019 135 ⇩
File Number	\Development Applications\DEVELOPMENT APPLICATION\2019\03-2019-0135 - 1038234

Recommendation

THAT:

1. Development Application 2019/0135 for construction of a dwelling, swimming pool, storage shed and water tanks upon Lot 10 DP 1135607 known as 31 Rodda Drive, Cudal, be granted consent subject to the conditions provided in the assessment report, and

2. Council refuse the request to vary the s88B land use restriction relating to siting of buildings.

Director of Environmental Services' REPORT

ADVISORY NOTES

Record of voting

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

Political Disclosures

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

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

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

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

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

Nil planning application disclosures have been received.

Nil public submission disclosures have been received.

Summary

The following report provides an assessment of the development application 2019/135 submitted for a dwelling, storage shed, swimming pool and rainwater tanks.

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

Applicant: Peter Basha Planning & Development

Owner: TJ & KL Riley

Proposal: Dwelling, storage shed, swimming pool and rainwater tanks

Location: Lot 10 DP 1135607, 31 Rodda Drive, Cudal

Zone: R5 Large Lot Residential

The proposal

Council approval is sought for construction of a new dwelling comprising two (2) bedrooms (main with ensuite and WIR), study, open plan kitchen/living/dining, bathroom, laundry and attached car garage. Proposed external construction materials are weatherboard wall cladding and colorbond roof sheeting.

The application also seeks consent for a steel frame and colorbond clad storage shed with dimensions 18m x 12m and ridge height of 5 metres. Approval is also sought for an in-ground swimming pool and aboveground rainwater tanks (three tanks) for rural water supply. The larger of the proposed water tanks will hold 95,000l and be located approximately 2.5m from the southern boundary of the site.

Lot 10 DP 1135607 is subject to a building envelope marked (B) on the DP and a Section 88 B Restriction on the Use of Land that requires all structures including dwellings, sheds, garages etc be erected wholly within the building envelope.

The proposed dwelling is to be sited within the designated building envelope. The application seeks Council authorisation to allow a variation of the restriction to enable a section of the proposed shed, pool fence and all rainwater tanks to be erected outside the nominated dwelling envelope.

The standard side boundary setback for the subdivision estate is 10m, as established by the Cabonne Development Control Plan No. 6. The requirement for the building envelopes and the s88B restriction as to user was a requirement of council via a condition of subdivision development consent. The setback has been required to ensure adequate site separation between development lots to foster a semi-rural environment, and to enable sufficient area between boundary fences and structures to permit emergency service access (in particular RFS and SES vehicle access).

A variation to the standard and the restriction requires council consideration and determination. The proponent seeks a variation to enable a large storage to be constructed 3m off the southern boundary of the allotment. It should be noted that the proposed water tanks, swimming pool and pool fence are exempt from the terms of the s88B covenant.

Proposed site plan

The site

The development site (Lot 10 DP 1135607) is part of a large lot residential estate situated located in an establishing residential estate known as Cudal Gardens, located on the eastern side of the village of Cudal. The lot is a rectangular shaped allotment with a total area of 4,174m². The lot contains a stand of native trees around the western side of the lot. The lot is currently vacant except for the access which was constructed at the time of subdivision.

INTEGRATED DEVELOPMENT:

Integrated development is development (not being State significant development or complying development) that, in order for it to be carried out, requires development consent under one or more of the following acts:-

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)

Clause 1.2 Aims of the Plan

The broad aims of the LEP are as follows:

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

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

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

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

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

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

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

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

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

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

Clause 1.9A Suspension of covenants, agreements and instruments

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

· Covenants imposed or required by council

· Prescribed instruments under s183A of Crown Lands Act 1989

· Any conservation agreement under National Parks and Wildlife Act 1974

· Any trust agreement under the Nature Conservation Trust Act 2003

· Any property vegetation plan under the Native Vegetation Act 2003

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

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

Covenants apply to the subject lot and were required as a condition of subdivision consent. The proposal seeks a variation to the s88B restriction as to user that applies to the land in order to construct a large storage shed outside the nominated building envelope. Council’s approval would be required to vary the restriction. As the same restriction applies to all lots in the Rodda Drive subdivision, consideration needs to be given to the potential impact of granting a variation to the current restriction. This matter is discussed further in the report assessment below.

Mapping

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

Land zoning map	Land zoned R5 Large Lot Residential
Lot size map	Minimum lot size 4,000m²
Heritage map	Not a heritage item or conservation area
Terrestrial Biodiversity Map	Red Stringybark - Blakely's Red Gum - Yellow Box 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
Land reservation acquisition map	NA

These matters are addressed in the report following.

Cabonne Local Environmental Plan 2012

The subject land is zoned R5 Large Lot Residential by the Cabonne Local Environmental Plan 2012. A dwelling, storage shed, swimming pool and rainwater tanks are permissible within this zone, subject to Council’s development consent.

Objectives of the R5 Large Lot Residential zone

The proposal is not contrary to the aims of the LEP or the objectives of the R5 zone. The development relates to and is consistent with the zone objectives which seek to

· To provide residential housing in a rural setting while preserving, and minimising impacts on, environmentally sensitive locations and scenic quality.

· To ensure that large residential lots do not hinder the proper and orderly development of urban areas in the future.

· To ensure that development in the area does not unreasonably increase the demand for public services or public facilities.

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

Part 4 – Principal development Standards

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

Part 5 – Miscellaneous provisions

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

Part 6 – Additional local provisions

Clause 6.2 Stormwater management

The development will result in large areas of roof area. Stormwater will be collected and diverted to water tanks, with any overflow to be diverted so as to not adversely impact adjoining land. A proposed 95,000 litre rainwater tank is to be located to the west of the storage shed, approximately 2.5m from the southern boundary There is concern that overflow from the water tank will not be able to be adequately discharged without causing concentrated flows entering adjacent properties. The location of the proposed septic absorption trench parallel to the western boundary, and the lack of street drainage in Rodda Drive are constraints which reduce the number of options likely to be available to adequately discharge stormwater overflows.

With the proposed shed and large water tank in the current location there is no satisfactory method of discharging overflow. Council’s development engineer suggests that the proposed shed and water tanks be shifted north within the allotment to enable stormwater discharge through a level spreader well away from the septic absorption trench and property boundaries.

Clause 6.3 Terrestrial biodiversity

The subject land has been identified as having terrestrial biodiversity Red Stringybark - Blakely's Red Gum - Yellow Box woodland vegetation on over cleared landscapes. The proposed development will have minimal effect to the terrestrial biodiversity as no land clearing is proposed.

Clause 6.4 Groundwater vulnerability

The subject land has been identified as being Ground Water vulnerable Moderately High-High. The proposed development will have minimal impact to the Ground Water.

Clause 6.8 Essential services

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

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

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

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

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

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

Development Control Plan (DCP) No. 6 – Rural Small Holdings applies to this land. Section 4.2 of DCP 6 applies to siting of dwellings and associated buildings.

4.2(i) requires dwellings and outbuildings including garages and water tanks to be sited in a manner that maintains rural character of the countryside. Natural landforms and vegetation should not be disturbed or otherwise increase soil erosion risk.

Siting of the buildings is unlikely to create soil erosion issues. The proposed shed will be a dominant structure given its scale.

4.2(ii) Dwellings should be sited to lessen cost of constructing and maintaining driveways and connecting power and electricity.

The proposed dwelling is sited towards the Rodda Drive front of the allotment.

4.2(iii) New buildings should be sited to blend with natural topography in order to reduce visual impact.

The proposed dwelling has been designed to be sympathetic to the semi-rural landscape. The proposed storage shed having an area of 216m² and an apex of 5m will provide a dominant impact upon the immediate area. Details of selected external finish for the building have not been provided other than an indication that the colour palette is to be a muted tone.

4.2(iv) Buildings should generally not be located on sites where slope gradient is greater than 20%

The subject land is gently sloping / undulating land.

4.2(v) Top soil conservation during construction is encouraged.

The proposed development is unlikely to have adverse impact upon soil erosion.

4.2(vi) Footslopes and drainage lines should be excluded as building sites.

The subject land is not impacted by natural drainage lines.

4.2(vii) Dwellings will only be allowed to be sited within 20m of a boundary in exceptional circumstances or on rural residential lots of less than 2ha sited in a low fire hazard area.

When determining Rural 1(c) subdivisions such as the Cudal Gardens development, council has applied a minimum 20 buffer between neighbouring allotment dwellings (being a setback of 10m from each dwelling to the side boundary). The siting of the proposed dwelling satisfies this provision.

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)

Siting & Location

The proposed dwelling and swimming pool are to be located within the designated building envelope. The proposed storage shed, having dimensions of 17.9m x 12.5m x 5m, is to be located 46m from the front boundary, 3m from the side boundary and 20m from the rear boundary.

Visual amenity

The proposed siting of the dwelling, water tanks and swimming pool would not generate unacceptable visual impact when viewed from adjoin and adjacent land. The 216m² metal clad shed having a height of 5m and located 3m from the southern boundary, will have potential for visual impact upon the semi-rural character of the estate.

The proponent has indicated that a row of native landscaping may be established along the southern side of the shed and tanks to screen the development and lessen the visual impact when viewed from neighboring dwellings to the south. The proponent further states that adequate privacy and amenity can be retained between this development and the allotment to the immediate south as there would be 13m separation between the southern boundary of the proposed shed and the northern boundary of the building envelope of the adjoining lot (3m within Lot 10 and the standard 10m setback for the currently vacant adjacent Lot 9). This however assumes that should a variation to the boundary setback be supported, that the precedent would not be followed by other property owners in the estate.

Access & traffic

Vehicle access to the site is via Rodda Drive and has been constructed at the time of subdivision. There are no conditions for upgrade of the access or road works as part of the development.

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 development is not advertised development. The development was neighbourhood notified. A submission was received from the then investor/ owner of the vacant adjacent holding (Lot 9) stating no objection to the proposal. That land owner (being the owner of the large lot residential subdivision fronting Rodda Drive) has however since sold the development lot.

PUBLIC INTEREST s4.15(1)(e)

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

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.

Request to vary building setback standard – s88B restriction as to user

Lots 1 -17 in DP 1135607 (of which this development site is described as Lot 10) are subject to a building envelope and a section 88B restriction on the use of the land. The building envelope and the land use restriction are recorded on the land title deed of each allotment within the deposited plan.

The restriction provides that “No cottage, shed, garage, stall or any structure shall be erected, maintained or allowed to remain upon the subject lot except within the area designated “B” on the plan” The restriction further states that “The name of the authority to release or modify the terms of this restriction is Cabonne Council”.

The proponent requests that council allow a variation of the restriction to enable the proposed siting of the storage shed, water tanks and a section of the pool fence. In support of the request the proponent states that the immediate precinct comprises sheds and tanks not unlike that proposed, and that some of the tanks appear to be within the setback area. A row of native landscaping may be planted along the southern side of the shed and tanks to soften the visual impact when viewed from adjacent properties. The storage shed is to be sited towards the rear of the lot and is unlikely to cause overshadowing of any future development on the adjacent lot. To move the storage shed north on the lot and be wholly within the building envelope will reduce direct sunlight to the proposed swimming pool.

The estate is a developing rural residential area. A dwelling and attached shed has been constructed upon Lot 12 (within the building envelope). Approval has been granted for construction of a storage shed and a manufactured home upon Lot 11 (within the building envelope). Lots 9 and 13 are vacant, with no development applications lodged for either site.

5203381

The proposed storage shed for Lot 10 is larger in floor area and height than other sheds in the developing estate. There is however no height or floor space restrictions to development within the zone.

Approving the proposed storage shed and water tank in close proximity to the property boundary may establish a precedent for future development within the estate, and may impact those property owners who have chosen to abide by the restriction to land use provisions registered upon their title deeds.

Council in considering the request to vary the s88B land use restriction may consider to support the restriction as it currently applies to the subdivision, or resolve to vary the restriction to permit the construction of the storage shed as proposed by the proponent.

The siting of fences including pool fences is not considered to require a variation to the land use restriction terms as they are ancillary to the predominate use of the proposed buildings.

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. The draft conditions include a requirement that the proposed storage shed and ancillary water tank be sited within the designated building envelope.

ITEM 28 - DEVELOPMENT APPLICATION 2019/0163 - SUBDIVISION / BOUNDARY ADJUSTMENT OF LOTS 49 AND 189 DP 750387 BEING 86 & 186 DAVIS ROAD, SPRING HILL

REPORT IN BRIEF

Reason For Report	Recommending to council that the application be refused as it in inconsistent with LEP clause 4.2B(3)(c) and(d).
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\2019\03-2019-0163 - 1041820

Recommendation

THAT Development Application 2019/0163 for a boundary adjustment between Lots 49 and 189 in DP 750387, being land described as 86 and 186 Davis Road, Spring Hill, be refused as it is inconsistent with clause 4.2B(3)(c) and (d) of the Cabonne Local Environmental Plan 2012.

Director of Environmental Services' REPORT

ADVISORY NOTES

Record of voting

Political Disclosures

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

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

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

Nil planning application disclosures have been received.

Nil public submission disclosures have been received.

The following report provides an assessment of the development application submitted for a proposed boundary adjustment between Lots 49 and 189 in DP 750387 being land known as 86 and 186 Davis Road, Spring Hill.

It is recommended that the application be refused as it is inconsistent with the boundary adjustment provisions of the Cabonne Local Environmental Plan 2012 (as amended).

Applicant: Warren and Amanda Watts,

c/- Peter Basha Planning & Development

Owner: WJ and AC Watts

Proposal: Boundary Adjustment

Location: Lots 49 & 189 in DP 750387, 86 and 186 Davis Road, Spring Hill

Zone: RU1 Primary Production

The proposal

Council approval is sought to adjust the boundary between two existing rural allotments being Lots 49 and 189 DP 750387, to create an agricultural allotment and a lifestyle lot containing an existing dwelling.

Existing property details
Lot 49 DP 750387	20.23ha	Rural land and dwelling
Lot 189 DP 750387	56.5ha	Rural land and dwelling

Proposed allotments
Proposed Lot 1	2ha	Dwelling
Proposed Lot 2	74.73ha	Rural land and dwelling

Both allotments are currently held in the same ownership. It is proposed to transfer approximately 18.2 ha from one existing allotment to the other. Each proposed allotment would contain an existing dwelling and there would be no alteration to existing servicing, water supply or access arrangements.

The site

The subject land is sitauted south west of the village of Spring Hill, with vehicular access to Davis Road. Each existing allotment is utilised for agricultural use for livestock grazing. A dwelling is located upon each of the existing lots.

6401463

Location plan

Proposed boundary adjustment

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